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Dental Benefits Act 2008
In force
Administered by
Department of Health, Disability and Ageing
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C2022C00339 (C12)
06 December 2022
-
13 October 2024
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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
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Part 2—Entitlement to dental benefits
8 Simplified outline
9 Entitlement to dental benefits
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Part 3—Payment of dental benefits
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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
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Part 4—Dental benefits vouchers
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Division 1—Introduction
22 Simplified outline
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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
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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
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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
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Part 5—Disclosure of protected information
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Division 1—Introduction
33 Simplified outline
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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
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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
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Part 6—General offences and recovery provisions
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Division 1—Introduction
47 Simplified outline
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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
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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
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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
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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
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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
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
