Commonwealth Consolidated Acts

DENTAL BENEFITS ACT 2008

TABLE OF PROVISIONS

           Long Title

   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