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.
Judgment date
Case number
S362/2008
S363/2008
Before
French CJ, Gummow, Kirby, Hayne, Heydon, Crennan, Kiefel JJ
Catchwords