DENTAL BENEFITS ACT 2008
Table of Provisions
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
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
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
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
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
