The Commonwealth’s Power to Regulate Medical Fees: Constitutional Limits and Contemporary Pressures

Margaret Faux and Bruce Topperwien

As Australians grapple with escalating out-of-pocket medical expenses, constitutional law has re-entered the policy conversation. The Federal Health Minister has publicly signalled an intention to address egregious specialist charging practices, including foreshadowing potential constitutional reform if necessary.

The political instinct is understandable. But before constitutional levers are pulled, we suggest it is necessary to consider what the Constitution provides, the limits it imposes and the structural consequences of pressing against them.