Wong v Commonwealth of Australia

Selim v Lele, Tan and Rivett constituting the Professional Services Review Committee No 309 [2009] HCA 3
Judgment date
Case number
S362/2008
S363/2008
Before
French CJ, Gummow, Kirby, Hayne, Heydon, Crennan, Kiefel JJ
Catchwords

Constitutional law (Cth) – Legislative power - Constitution, s 51(xxiiiA) - Provision of medical and dental services (but not so as to authorize any form of civil conscription) - Meaning of "civil conscription".

Constitutional law (Cth) – Legislative power - Constitution, s 51(xxiiiA) - Provision of medical and dental services (but not so as to authorize any form of civil conscription) - Health Insurance Act 1973 (Cth) - Whether ss 10, 20, 20A or Pt VAA or any provision thereof amount to "civil conscription" - Meaning of "inappropriate practice" as defined in s 82(1).

Constitutional law (Cth) – Legislative power - Constitution, s 51(xxiiiA) - Provision of medical and dental services (but not so as to authorize any form of civil conscription) - Health Insurance Act 1973 (Cth) - Pt VAA - Professional Services Review Scheme - Whether Pt VAA invalid as imposing a form of "civil conscription" - Whether provisions imposing obligation on medical practitioners to avoid "inappropriate practice" to remain in Medicare scheme invalid.

Constitutional law (Cth) – Legislative power - Constitution, s 51(xxiiiA) - Relevance of extrinsic materials and legislative history in construction of Constitution - Manner of construction where provision inserted by referendum under Constitution, s 128.

Words and phrases – "civil conscription", "(but not so as to authorize any form of civil conscription)".

Constitution – s 51(xxiiiA). Health Insurance Act 1973 (Cth), ss 10, 20, 20A, Pt VAA.

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