At this query, NHJ! reader John Chambers asks whether section 51(xxiiia) of the Constitution makes 'work for the dole' unconstitutional. The short answer is 'no'.

Section 51(xxiiia) allows the Federal Parliament to make laws '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'. The words 'with respect to' means they can do anything with the power they like. They could ban unemployment benefits altogether if they wanted to. As regards the phrase 'but not so as to authorize any form of civil conscription', this clearly applies only to the 'medical and dental services' clause. The section allows laws 'with respect to':
(a) maternity allowances;
(b) widows' pensions;
(c) child endowment;
(d) unemployment benefits;
(e) pharmaceutical benefits;
(f) sickness benefits;
(g) hospital benefits;
(h) medical and dental services (but not so as to authorize any form of civil conscription);
(i) benefits to students; and
(j) family allowances.

The fact that 'benefits to students' and 'family' allowances, which are analogous to the earlier allowances, pensions and benefits, occurs after the limitation on conscription, strengthens rather than weakens this.The condition was put in there because the paragraph grants the Federal Parliament to make any legislation regarding the provision of medical and dental services whatsoever, so without that limitation they could nationalise all medical and dental services.

Additionally, the term 'conscription' refers to legally mandatory work - but work for the dole is not mandatory in this sense since you legally have the option of declining the dole. It makes no difference that there may be no practical choice as long as there is a legal choice.

This is of course entirely separate to the question of whether 'work for the dole' is good policy.

NHJ(JR): Thanks again, Troy. Incidentally, Troy Rollo is 'having a go' at democracy himself, standing as an Independent candidate against JH in the seat of Bennnelong. May sure you check out his website here, and see what you reckon of his democratic pitch. If you're a Bennelong voter, you may even want to give him a hand as a volunteer...