2019-2021-2022

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

 

 

 

 

Dental Benefits amendment Bill 2021

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Minister for Health and Aged Care, the Hon Greg Hunt MP)

 

Dental Benefits amendment Bill 2021

 

OUTLINE

 

The Dental Benefits Amendment Bill 2021 amends the Dental Benefits Act 2008 (the Act ) to remove the lower eligibility age restriction, to allow eligible persons aged under 18 years to access the Child Dental Benefits Schedule (CDBS).

 

The Bill supports recommendation 6 of the Fourth Review of the Dental Benefits Act 2008 (the Review) to lower the age of eligibility for children under 18 years to include children under two years of age. This measure supports parents of eligible children to establish a positive dental experience at the earliest age, and helps prevent health issues in later life.  

 

Importantly, if parents promote and practice good oral hygiene with their children from a young age, this will aid in the prevention of more serious dental decay (caries) as they grow up to develop full adult teeth. The Review recommended that it was important to try to establish a positive initial dental experience and instil important oral hygiene practices at an early age to curb the negative stigma around dental practitioners and oral hygiene which is reinforced if the initial dental experience requires serious treatment. This change will increase access to prevention and treatment services for younger children.

 

FINANCIAL IMPACT STATEMENT

 

The impact on the fiscal balance over the four years from 2021-22 to 2024-25 is $5.4 million. By removing the lower eligibility age restriction, it is estimated that each year an additional 300,000 children aged between 0 and 2 will become eligible for the program from 1 January 2022.  It is estimated that each year 15% of children in this newly eligible age group (presenting with teeth) will access the scheme.

 

This was approved in the 2021-22 budget under budget measure Guaranteeing Medicare - changes to the Child Dental Benefits Schedule.

 

Costing schedule:

Budget Measure:	2021-22	2022-23	2023-24	2024-25	Total
Guaranteeing Medicare - Changes to the CDBS - Department of Health	$0.7m	$1.5m	$1.5m	$1.6m	$5.4m

 

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

The statement of compatibility with human rights appears at the end of this explanatory memorandum.

 

Dental Benefits amendment Bill 2021

 

NOTES ON CLAUSES

 

 

Clause 1 - Short Title

This clause provides that the Bill, once enacted, will be cited as the Dental Benefits Amendment Act 2021.

 

Clause 2 - Commencement

The Act will commence on 1 January 2022.

 

Clause 3 - Schedule(s)

Schedule 1 to this Bill makes amendments to the Dental Benefits Act 2008 .

 

 

 

SCHEDULE 1 — AMENDMENT OF THE DENTAL BENEFITS ACT 2008

 

Item 1 amends section 22 by omitting the words “he or she is aged between 2 and 18 years” and provides the substituted wording “the person is aged under 18 years”. This amendment ensures that eligible persons under the age of 18 years qualifies for a voucher for a calendar year, to be used during the calendar year.

 

Item 2 repeals subsection 23(1) which provides for the age eligibility of persons who qualify for a voucher and replaces it with the substituted wording “This section applies to a person, in relation to a calendar year, if the person is aged under 18 years on 1 January in the calendar year.” This amendment ensures that subsection 23(1) applies to eligible persons under the age of 18 years.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Dental Benefits Amendment bILL 2021

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

Overview of the Bill

The Dental Benefits Amendment Bill 2021 will amend the Dental Benefits Act 2008 (the Act) to remove the lower eligibility age restriction of 2 years to allow eligible children from 0 years of age to access the Child Dental Benefits Schedule (CDBS).

 

The CDBS operates under the Act to provide eligible children aged between

2-17 years access to up to $1,013 in benefits for basic dental services, with benefits capped over two consecutive calendar years.  The CDBS has provided over $2.3 billion in benefits and delivered more than 38 million services to over 3 million Australian children since it commenced on 1 January 2014 (to 30 June 2021). 

 

The Report on the Fourth Review of the Dental Benefits Act 2008 (the Review) recommended lowering the current eligibility age to one year of age.  The feedback received by the Department from the key stakeholders advised their preference of removing the lower eligibility age restriction altogether enabling all children under 18 years of age to access the scheme if they meet the CDBS means test requirements.

 

By removing the lower eligibility age restriction altogether, it is estimated that each year an additional 300,000 children aged between 0 and 2 will become eligible for the program from 1 January 2022.  It is estimated that each year 15% of children in this newly eligible age group (presenting with teeth) will access the scheme.

 

 

Human rights implications

The Bill engages the right to health and the right to social security. Article 12(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) defines the right to health as “the right to the enjoyment of the highest attainable standard of physical and mental health.”  Article 9 of the ICESCR contains the right to social security, including social insurance.

 

By removing the lower eligibility age restriction of 2 years, the amendments to the Act will enable children from the age of 0 (up to 17 years of age) to access the scheme if they meet the CDBS means test requirements for eligibility.  This change will increase access to prevention and treatment services for younger children. The amendment will allow parents to access basic dental services for their younger eligible children.  This will enable parents to promote and practice good oral hygiene with their children from a young age, and will aid in the prevention of more serious dental decay (caries) as their children grow up.  The Review recommended that it was important to try to establish a positive initial dental experience and instil important oral hygiene practices at an early age to curb the negative stigma around dental practitioners and oral hygiene which is reinforced if the initial dental experience requires serious treatment.

 

The Bill engages with the rights of equality and non-discrimination. Articles 2 and 6 of the International Covenant on Civil and Political Rights (ICCPR) prohibits discrimination on the basis of age. This Bill provides the opportunity for over 300,000 additional children to gain access to the Child Dental Benefits Schedule on the basis of their current age. Previously the scheme denied them the opportunity to gain an early start in oral health care from public and private dental practitioners.  The benefits to this change will be long-term as it sets a precedent to allow eligible children under the age of 2 to gain access to oral health care.  Eligibility for the CDBS requires receipt of Family Tax Benefit Part A or other relevant Australian Government payment.  It is estimated that each year 15% of children in this newly eligible age group (presenting with teeth) will access this program.

 

Conclusion

This Bill is compatible with human rights because it advances the rights to health and social security and positively engages with the rights of equality and non-discrimination by increasing access to the CDBS.

 

[Circulated by authority of the Minister for Health and Aged Care the Hon Greg Hunt MP]