Bills Digest no. 136 2007–08
Dental Benefits (Consequential Amendments) Bill 2008
WARNING:
This Digest was prepared for debate. It reflects the legislation as introduced
and does not canvass subsequent amendments. This Digest does not have
any official legal status. Other sources should be consulted to determine
the subsequent official status of the Bill.
CONTENTS
Passage history
Purpose
Background
Financial implications
Main provisions
Concluding comments
Endnotes
Contact officer & copyright details
Passage history
Dental Benefits (Consequential
Amendments) Bill 2008
Date introduced: 29
May 2008
House: House
of Representatives
Portfolio: Health
and Ageing
Commencement:
Sections 1 to 3 on Royal Assent.
Schedule 1 commences on the
day after the proposed Dental Benefits Act 2008 receives Royal Assent
Links: The relevant
links to the Bill, Explanatory Memorandum and second reading speech
can be accessed via BillsNet, which is at http://www.aph.gov.au/bills/. When Bills
have been passed they can be found at ComLaw, which is at http://www.comlaw.gov.au/.
The Dental Benefits (Consequential Amendments) Bill
2008 (the Bill) was introduced with the Dental Benefits Bill 2008. The
Bill proposes consequential amendments to the following Acts in order
to implement the Teen Dental Plan:
- Age Discrimination Act 2004 (Age Discrimination Act)
- A New Tax System (Family Assistance) (Administration) Act 1999
(A New Tax System (Family Assistance) (Administration) Act)
- Health Insurance Act 1973 (Health Insurance Act)
- Jurisdiction of Courts (Cross-vesting) Act 1987 (Jurisdiction
of Courts (Cross-vesting) Act)
- Medicare Australia Act 1973 (Medicare Australia Act)
- Sea Installations Act 1987 (Sea Installations Act)
- Social Security (Administration) Act 1999 (Social Security
(Administration) Act), and
- Student Assistance Act 1973 (Student Assistance Act).
For a detailed background on the proposal to establish dental benefits
for teenagers under the Teen Dental Plan, please refer to the Bills Digest
for the accompanying Dental Benefits Bill 2008.[1]
The Bill proposes amendments to implement the Medicare Teen Dental Plan.
The proposed amendments aim to:
- ensure that the proposed Dental Benefits Act 2008 (the Dental
Benefits Act) does not breach the Age Discrimination Act
- ensure that the investigative powers of Medicare Australia is used
in relation to offence provisions contained in the proposed Dental Benefits
Act, and
- allow the exchange of protected information between Centrelink and
Medicare Australia, in order to determine eligibility for the vouchers
that are to be distributed under the proposed Dental Benefits Act.[2]
The Teen Dental Plan is a 2008–09 Budget commitment, which delivers on
an election promise.[3]
The Bill has been reviewed by the Senate Standing Committee for the Scrutiny
of Bills (the Committee) but the Committee did not comment on it.[4]
Item 1 proposes to amend the Age Discrimination Act by
inserting a reference to the proposed Dental Benefits Act into Schedule
2 of the Age Discrimination Act. Schedule 2 lists legislation that
is exempt from certain provisions of the Age Discrimination Act.
Items 2 and 3 propose to amend paragraphs 162(1)(a)
and 162(2)(d) of the A New Tax System (Family Assistance) (Administration)
Act to authorise Medicare Australia to access protected information
held by Centrelink relating to Family Tax Benefit Part A, Youth Allowance
or Abstudy payments for the purposes of the proposed Dental Benefits Act.
Item 4 proposes to amend subsection 130(1) of the Health Insurance
Act to allow certain authorised persons, for the purposes of
enabling a person to perform functions under the proposed Dental Benefits
Act, to be able to record, divulge, or communicate personal information
acquired by those authorised persons under the Health Insurance Act.
Item 5 proposes to amend the Schedule of the Jurisdiction of
Courts (Cross-vesting) Act, to allow appeals relating to the proposed
Dental Benefits Act, to be heard by the Full Federal Court or, with special
leave, by the High Court, so as to be consistent with the appeal arrangements
that exist under the Health Insurance Act.[5]
Items 6 to 17 propose to amend the Medicare Australia
Act, to allow the investigative powers of Medicare Australia to be
exercised in relation to offence provisions contained in the proposed
Dental Benefits Act. The offence provisions of the proposed Dental Benefits
Act are modelled on offence provisions contained in the Health Insurance
Act.
Item 18 proposes to insert a reference to the proposed Dental
Benefits Act, into the Schedule of the Sea Installations Act to
allow provisions of the proposed Dental Benefits Act to apply to people
on sea installations located in adjacent areas.[6] This would be consistent with the provision of other health
benefits that apply to persons on sea installations located in adjacent
areas. Although the Explanatory Memorandum acknowledges that it is unlikely
that the dental benefits proposed under the Teen Dental Plan will be delivered
on sea installations,[7]
the insertion of this proposed amendment would allow for dental benefits
to be provided on sea installations if the Teen Dental Plan is expanded
to include other patient groups.
Items 19 and 20 propose to amend subsection 202(1) and
paragraph 202(2)(d) of the Social Security (Administration) Act, by
inserting references to the proposed Dental Benefits Act to allow protected
information relating to Youth Allowance payments to be acquired and used
by Medicare Australia, in determining eligibility for the Teen Dental
Plan, for the purposes of the proposed Dental Benefits Act.
Items 21 and 22 propose to insert a reference to the proposed
Dental Benefits Act into subsection 351(1) and paragraph 351(2)(d)
of the Student Assistance Act to allow protected information relating
to ABSTUDY payments to be acquired and used by Medicare Australia, in
determining eligibility for the Teen Dental Plan, for the purposes of
the proposed Dental Benefits Act.
Amanda Biggs
13 June 2008
Bills Digest Service
Parliamentary Library
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