Dental Benefits Act 2008 (Cth)

Dental Benefits Act 2008

No. 41, 2008

Compilation No. 13

Compilation date: 14 October 2024

Includes amendments: Act No. 38, 2024

About this compilation

This compilation

This is a compilation of the Dental Benefits Act 2008 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Simplified outline 4 Definitions 5 Meaning of eligible dental patient 6 Meaning of dental provider 7 Meaning of rendered on behalf of a dental provider 7A Extension to external Territories Part 2—Entitlement to dental benefits 8 Simplified outline 9 Entitlement to dental benefits Part 3—Payment of dental benefits Division 1—Introduction 10 Simplified outline Division 2—Payment of dental benefits 11 Payment of dental benefits to persons who incur dental expenses 12 Assignment of dental benefits 13 Payment of assigned dental benefits 14 Payment of dental benefits to dental providers if a request is made Division 3—Claims for dental benefits 15 Claims for dental benefits 16 Application for a longer period to lodge claims for assigned dental benefits Division 4—When dental benefit is not payable 17 Dental benefit is not payable unless particulars are recorded on the account etc. 18 Dental benefit is not payable unless conditions specified in the Dental Benefits Rules are satisfied 19 Dental benefit is not payable if a benefit has been received etc. under a complying health insurance policy 20 Dental benefit is not payable in respect of a dental service rendered as part of an episode of hospital treatment etc. 20A Dental benefit is not payable in respect of a dental service rendered by a disqualified practitioner 20B Minister may direct disqualified practitioner to give notice of disqualification 20C Strict liability offence—failure to comply with direction to give notice of disqualification 20D Minister may direct disqualified practitioner to display notice of disqualification 20E Strict liability offence—failure to comply with direction to display notice of disqualification 21 Dental Benefits Rules may provide that dental benefit is not payable Part 4—Dental benefits vouchers Division 1—Introduction 22 Simplified outline Division 2—Qualification for vouchers 23 Qualification for a voucher 24 When a person satisfies the means test 25 Dental Benefits Rules must specify certain matters 26 Qualification for a voucher—other persons Division 3—Issue of vouchers and other matters 27 Chief Executive Medicare must issue vouchers 28 When voucher is not required to be issued—person dies 29 When voucher is not required to be issued—circumstances specified in the Dental Benefit Rules 30 Voucher must specify dental service 31 Voucher remains in effect until the end of a calendar year 32 Dental Benefits Rules may provide for other matters Part 4A—Power to obtain documents etc. relevant to ascertaining whether amounts should have been paid 32A Simplified outline 32B When this Part applies 32C Chief Executive Medicare may require person to produce documents etc. 32D Civil penalty—failure to comply with requirement in notice 32E Self‑incrimination etc. 32F Chief Executive Medicare or Human Services employee may deal with documents etc. produced Part 5—Disclosure of protected information Division 1—Introduction 33 Simplified outline Division 2—Disclosure of protected information 34 Prohibition on disclosure of protected information 35 Authorised disclosure—official duties 36 Authorised disclosure—public interest 37 Authorised disclosure—authorisation by affected person 38 Authorised disclosure—enforcement of the criminal law etc. 39 Authorised disclosure—preventing or lessening a serious and imminent threat to the life or health of a person 40 Authorised disclosure—professional body 41 Authorised disclosure—administration of this Act 42 Disclosure of protected information to courts or tribunals Division 3—Offences relating to the disclosure etc. of protected information 43 Offence—disclosure of protected information obtained in the public interest 44 Offence—soliciting disclosure of protected information 45 Offence—use etc. of protected information 46 Offence—offering to supply protected information Part 6—General offences and recovery provisions Division 1—Introduction 47 Simplified outline Division 2—Offences relating to assignment agreements 48 Strict liability offence—particulars not set out in assignment agreement 49 Strict liability offence—copy of assignment agreement not given Division 3—Offences relating to the giving of information 50 Strict liability offence—false or misleading statements relating to dental benefit 51 Strict liability offence—false or misleading statements by employees etc. 52 Offence—statement that person knows is false or misleading 53 Offence—statement based on statement that employee etc. knows is false or misleading 54 False statements etc. 55 Prosecution of certain offences Division 4—Recovery of amounts paid under this Act 56 Recovery of amounts paid: false or misleading information 56A Recovery of amounts paid: notices to produce documents and administrative penalties 56B Notice of decision that document etc. produced substantiates that amount paid should have been paid 56C Notice of decision to claim amount as debt 56D Review of decision to claim amounts as debt 56E Liability for administrative penalty 56F Amount of administrative penalty 56G Notice of administrative penalty and review of assessments 56H Power to obtain information relating to a debt 57 Interest payable on recoverable amounts 58 Recovering amounts by reducing future payments 58AA Garnishee notices 58AB Failure to comply with garnishee notice 58A Amounts recoverable once only Part 7—Dental Benefits Rules 59 Simplified outline 60 Minister may make Dental Benefits Rules 61 Dental Benefits Schedule 62 Specification of items in Dental Benefits Schedule may be conditional Part 8—Other matters 63 Simplified outline 64 Additional functions of the Chief Executive Medicare 64A Obligations not affected by State or Territory laws 65 Appropriation 66 Delegation 67 Regulations 68 Review of operation of Act Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history