Constitutional Issues
Members of the Australian parliament have raised concerns over the constitutionality of the scheme, as section 51(xxxiiiA) of the Australian Constitution prohibits legislation introducing any form of civil conscription for medical services. Speaking in the House of Representatives, Michelle O'Byrne said
On 10 September 1998, in a press release, the minister stated: The scholarships are probably unconstitutional due to the limitation in section 51 preventing civil conscription of doctors."
Countering the view that the scheme constitutes civil conscription is the argument that the scheme is entered into voluntarily. Government minister Ian Macfarlane said,
If the people who are considering taking these scholarships are not prepared to take the conditions, the answer is simple: don't sign them. This is not a compulsory scheme; this is a voluntary scheme."
As of 2010 a legal constitutional challenge has been filed in the Federal Court to the MRBS scheme. Edwards v Commonwealth, Secretary Department of Health And Ageing and Ors.
Read more about this topic: Medical Rural Bonded Scholarship Scheme
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