Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Dental Benefits Amendment Bill 2016
No. , 2016
Health
A Bill for an Act to amend the Dental Benefits Act
2008, and for other purposes
No. , 2016
Dental Benefits Amendment Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Age Discrimination Act 2004
3
Dental Benefits Act 2008
3
Human Services (Medicare) Act 1973
13
No. , 2016
Dental Benefits Amendment Bill 2016
1
A Bill for an Act to amend the Dental Benefits Act
1
2008, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Dental Benefits Amendment Act 2016.
5
2 Commencement
6
(1) Each provision of this Act specified in column 1 of the table
7
commences, or is taken to have commenced, in accordance with
8
column 2 of the table. Any other statement in column 2 has effect
9
according to its terms.
10
11
2
Dental Benefits Amendment Bill 2016
No. , 2016
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
No. , 2016
Dental Benefits Amendment Bill 2016
3
Schedule 1--Amendments
1
2
Age Discrimination Act 2004
3
1 Schedule 2 (table item
3A, column headed "Provision(s)")
4
Omit "Part", substitute "Parts 1A and".
5
Dental Benefits Act 2008
6
2 Title
7
Repeal the title, substitute:
8
An Act relating to dental services, and for related
9
purposes
10
3 Section 3
11
Repeal the section, substitute:
12
3 Simplified outline of this Act
13
•
The Commonwealth may grant financial assistance to the
14
States, the Northern Territory and the Australian Capital
15
Territory in relation to dental services rendered on or after
16
1 July 2016.
17
•
Dental benefits are payable for certain dental services
18
rendered before 1 July 2016.
19
4 Section 4 (definition of dental service)
20
Before "means", insert "(except when used in the first sentence in
21
section 3 or in Part 1A)".
22
5 After Part 1
23
Insert:
24
Schedule 1 Amendments
4
Dental Benefits Amendment Bill 2016
No. , 2016
Part 1A--Grants of financial assistance
1
2
7B Simplified outline of this Part
3
•
The Commonwealth may grant financial assistance to the
4
States in relation to dental services rendered on or after 1 July
5
2016. For this purpose, State includes the Northern Territory
6
and the Australian Capital Territory.
7
•
There is a cap on the total amount of financial assistance that
8
may be granted in a financial year.
9
7C Definitions
10
In this Part:
11
dental service has its ordinary meaning.
12
indexation factor, for a financial year, has the meaning given by
13
section 7H.
14
index number, in relation to a quarter, means the All Groups
15
Consumer Price Index number, being the weighted average of the 8
16
capital cities, published by the Australian Statistician in respect of
17
that quarter.
18
population factor, for a financial year, has the meaning given by
19
section 7J.
20
State includes the Australian Capital Territory and the Northern
21
Territory.
22
7D Grants of financial assistance
23
(1) The Minister may, by notifiable instrument, determine that a
24
specified amount is to be paid by the Commonwealth to a specified
25
State for the purpose of making a grant of financial assistance in
26
relation to dental services.
27
Amendments Schedule 1
No. , 2016
Dental Benefits Amendment Bill 2016
5
(2) The Minister must not make a determination under subsection (1)
1
of this section in relation to a State unless a subsection 7E(1)
2
agreement between the Commonwealth and the State is in effect.
3
(3) In making a determination under subsection (1) of this section in
4
relation to a State, the Minister must have regard to the
5
subsection 7E(1) agreement between the Commonwealth and the
6
State.
7
Transitional
8
(4) A determination under subsection (1) does not apply to dental
9
services rendered before 1 July 2016.
10
7E Agreements with the States about grants of financial assistance
11
relating to dental services
12
(1) The Commonwealth may enter into a written agreement with a
13
State in relation to grants of financial assistance to the State under
14
subsection 7D(1).
15
(2) An agreement under subsection (1) may be entered into by the
16
Prime Minister on behalf of the Commonwealth.
17
7F Terms and conditions
18
Scope
19
(1) This section applies to a grant of financial assistance to a State
20
under subsection 7D(1).
21
Terms and conditions
22
(2) The terms and conditions on which that financial assistance is
23
granted are:
24
(a) the terms and conditions set out in the subsection 7E(1)
25
agreement between the Commonwealth and the State; and
26
(b) such other terms and conditions (if any) as are set out in a
27
determination made under subsection (3).
28
(3) The Minister may, by legislative instrument, determine one or
29
more terms or conditions for the purposes of paragraph (2)(b).
30
Schedule 1 Amendments
6
Dental Benefits Amendment Bill 2016
No. , 2016
7G Financial assistance cap
1
(1) The total amount of financial assistance granted by the
2
Commonwealth under subsection 7D(1) in relation to dental
3
services rendered in a financial year must not exceed the financial
4
assistance cap for that financial year.
5
Financial assistance cap--2016-17
6
(2) For the purposes of this section, the financial assistance cap for
7
the financial year beginning on 1 July 2016 is $415,616,000.
8
Financial assistance cap--2017-18
9
(3) For the purposes of this section, the financial assistance cap for
10
the financial year beginning on 1 July 2017 is $415,632,000.
11
Financial assistance cap--2018-19
12
(4) For the purposes of this section, the financial assistance cap for
13
the financial year beginning on 1 July 2018 is $420,224,000.
14
Financial assistance cap--2019-20 and later financial years
15
(5) For the purposes of this section, the financial assistance cap for:
16
(a) the financial year beginning on 1 July 2019; or
17
(b) a later financial year;
18
is the amount calculated using the formula:
19
Previous financial assistance cap
Indexation factor
Population factor
20
where:
21
indexation factor means the indexation factor for the financial
22
year.
23
population factor means the population factor for the financial
24
year.
25
previous financial assistance cap means the financial assistance
26
cap for the previous financial year.
27
Amendments Schedule 1
No. , 2016
Dental Benefits Amendment Bill 2016
7
7H Indexation factor
1
(1) For the purposes of this Part, the indexation factor for a financial
2
year is the number calculated, to 3 decimal places, using the
3
formula:
4
Index number for the reference December quarter
Index number for the base December quarter
5
where:
6
base December quarter means the last December quarter before
7
the reference December quarter.
8
reference December quarter means the last December quarter
9
before the financial year.
10
(2) If the number calculated under subsection (1) for a financial year
11
would, if it were calculated to 4 decimal places, end with a number
12
greater than 4, the number so calculated is increased by 0.001.
13
(3) Subject to subsection (4), if (whether before or after the
14
commencement of this section) the Australian Statistician has
15
published or publishes an index number in respect of a quarter in
16
substitution for an index number previously published in respect of
17
that quarter, the publication of the later index number must be
18
disregarded for the purposes of this section.
19
(4) If (whether before or after the commencement of this section) the
20
Australian Statistician has changed or changes the index reference
21
period for the Consumer Price Index, then, for the purposes of the
22
application of this section after the change took place or takes
23
place, regard must only be had to the index number published in
24
terms of the new index reference period.
25
7J Population factor
26
(1) For the purposes of this Part, the population factor for a financial
27
year is the number calculated using the formula:
28
100
Population growth percentage
100
29
where:
30
Schedule 1 Amendments
8
Dental Benefits Amendment Bill 2016
No. , 2016
population growth percentage means the population growth
1
percentage for the financial year.
2
Population growth percentage
3
(2) For the purposes of this section, if:
4
(a) before the start of a financial year, the Australian Statistician
5
publishes the estimated resident population of Australia as at
6
the 31 December last preceding the financial year; and
7
(b) the relevant document includes a statement to the effect that
8
Australia's population grew by a particular percentage during
9
the year ending on that 31 December;
10
the number of that percentage is the population growth percentage
11
for the financial year.
12
Example: The relevant document includes a statement to the effect that
13
Australia's population grew by 1.3% during the year ending on that
14
31 December. The number of that percentage is 1.3.
15
(3) If (whether before or after the commencement of this section) the
16
Australian Statistician:
17
(a) on a particular occasion, publishes the estimated resident
18
population of Australia as at a 31 December; and
19
(b) on a later occasion, publishes the estimated resident
20
population of Australia as at that 31 December;
21
the publication on the later occasion must be disregarded for the
22
purposes of this section.
23
7K Appropriation of the Consolidated Revenue Fund
24
The Consolidated Revenue Fund is appropriated for the purposes
25
of making grants of financial assistance under subsection 7D(1).
26
7L Review of operation of Part
27
(1) The Minister must cause an independent review of the operation of
28
this Part to be conducted before the end of 31 December 2020.
29
(2) The review must be conducted by a panel that comprises not less
30
than 5 persons, including the following:
31
(a) a person occupying the position of Commonwealth Chief
32
Medical Officer;
33
Amendments Schedule 1
No. , 2016
Dental Benefits Amendment Bill 2016
9
(b) a person nominated by the Australian Dental Association;
1
(c) a person nominated by the Consumers Health Forum of
2
Australia;
3
(d) 2 other persons nominated by the Minister, at least one of
4
whom must have qualifications in medicine or dentistry.
5
(3) The panel must give the Minister a report of the review.
6
(4) The Minister must cause a copy of the report of the review to be
7
tabled in each House of the Parliament within 15 sitting days of
8
that House after the day the report is given to the Minister.
9
6 Part 2 (heading)
10
Repeal the heading, substitute:
11
Part 2--Entitlement to dental benefits for dental
12
services rendered before 1 July 2016
13
7 Section 8
14
Omit:
15
•
This Part creates a basic entitlement to dental benefit in
16
respect of a dental service.
17
substitute:
18
•
This Part creates a basic entitlement to dental benefit in
19
respect of a dental service rendered before 1 July 2016.
20
8 Subsection 9(1)
21
After "patient", insert "before 1 July 2016".
22
9 Part 3 (heading)
23
Repeal the heading, substitute:
24
Schedule 1 Amendments
10
Dental Benefits Amendment Bill 2016
No. , 2016
Part 3--Payment of dental benefits for dental
1
services rendered before 1 July 2016
2
10 Section 10
3
Omit:
4
•
This Part deals with the payment of dental benefit in respect of
5
a dental service.
6
substitute:
7
•
This Part deals with the payment of dental benefit in respect of
8
a dental service rendered before 1 July 2016.
9
11 Subsection 11(1)
10
After "a dental service", insert "rendered before 1 July 2016".
11
12 Subsection 20B(1)
12
After "(the practitioner)", insert "before 1 July 2016".
13
13 After subsection 20B(3)
14
Insert:
15
(3A) A direction under subsection (1) is taken to have been revoked at
16
the end of 30 June 2016 (even if the direction had not come into
17
effect by the end of that date).
18
14 Subsection 20D(1)
19
After "(the practitioner)", insert "before 1 July 2016".
20
15 After subsection 20D(4)
21
Insert:
22
(4A) A direction under subsection (1) is taken to have been revoked at
23
the end of 30 June 2016 (even if the direction had not come into
24
effect by the end of that date).
25
Amendments Schedule 1
No. , 2016
Dental Benefits Amendment Bill 2016
11
16 Part 4 (heading)
1
Repeal the heading, substitute:
2
Part 4--Dental benefits vouchers issued before
3
1 July 2016
4
17 Section 22
5
After:
6
•
This Part sets up a framework for the issuing of vouchers in
7
relation to a dental service to persons who qualify for a
8
voucher.
9
insert:
10
•
A voucher must not be issued after 30 June 2016.
11
18 Section 22
12
Omit:
13
•
Unless the Dental Benefit Rules provide otherwise:
14
(a)
only one voucher may be issued in relation to a dental
15
service in respect of a person for a calendar year; and
16
(b)
a voucher for a calendar year remains in effect until the
17
end of the calendar year.
18
substitute:
19
•
Unless the Dental Benefit Rules provide otherwise only one
20
voucher may be issued in relation to a dental service in respect
21
of a person for a calendar year.
22
•
A voucher for the calendar year beginning on 1 January 2016
23
ceases to have effect at the end of 30 June 2016.
24
19 After section 22
25
Insert:
26
Schedule 1 Amendments
12
Dental Benefits Amendment Bill 2016
No. , 2016
22A Calendar year
1
In this Part:
2
calendar year does not include a calendar year beginning after
3
30 June 2016.
4
20 After subsection 27(2)
5
Insert:
6
Voucher must not be issued after 30 June 2016
7
(2A) Despite subsections (1) and (2), a voucher must not be issued after
8
30 June 2016.
9
21 Section 31 (heading)
10
Repeal the heading, substitute:
11
31 Duration of voucher
12
22 Section 31
13
Before "A voucher ", insert "(1)".
14
23 At the end of section 31
15
Add:
16
(2) Despite anything in subsection (1) or the Dental Benefits Rules, a
17
voucher for the calendar year beginning on 1 January 2016 ceases
18
to have effect at the end of 30 June 2016.
19
24 Paragraph 34(3)(a)
20
After "this Act", insert "(other than Part 1A)".
21
25 Section 47
22
Omit:
23
•
Division 4 of this Part deals with the recovery of amounts paid
24
under this Act.
25
substitute:
26
Amendments Schedule 1
No. , 2016
Dental Benefits Amendment Bill 2016
13
•
Division 4 of this Part deals with the recovery of amounts paid
1
under this Act (other than Part 1A).
2
26 Division 4 of Part 6 (heading)
3
Repeal the heading, substitute:
4
Division 4--Recovery of amounts paid under this Act
5
(other than Part 1A)
6
27 Section 68
7
Repeal the section.
8
Human Services (Medicare) Act 1973
9
28 Subsection 3A(3) (at the end of the definition of dental
10
service)
11
Add "(other than Part 1A)".
12
29 Subparagraph 41G(a)(iii)
13
After "Dental Benefits Act 2008", insert "(other than Part 1A)".
14
15