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The power to legislate dental services

The power to legislate dental services

Update: 2025-07-31
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What does the Australian constitution say about the powers of the Commonwealth to provide dental services and what impact might that have on the dental profession in the context of expanding Medicare?

Medicare and dentistry is in the news again now that the new Commonwealth parliament has commenced, with the Greens vowing to use their balance of power in the Senate to pressure the government to add dental care into Medicare.

One of the common concerns from dentists about Medicare funded dentistry is the impact on their earnings and the profitability of their business due to low rebates. It is also invariably linked to the spectre of NHS-style dentistry and the deterioration of clinical outcomes for patients. There are assumptions about the power and reach of the government to control the dental profession if Medicare is expanded to include some dental services.

In this episode of the Dental As Anything podcast, I discuss the history of the amendment to the Australian constitution which gave the Commonwealth the power to legislate for the provision of medical and dental services, and what the civil conscription clause means in the context of options for reform of public dental funding.

Section 51xxiiiA: The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: the provision of maternity allowances, widows’ pensions, child endowment, unemployment, pharmaceutical, sickness and hospital benefits, medical and dental services (but not so as to authorize any form of civil conscription), benefits to students and family allowances.

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The power to legislate dental services

The power to legislate dental services

Matt Hopcraft