Commonwealth funding of school chaplaincy program struck down in High Court

Updated

The High Court has upheld a challenge to the National School Chaplaincy Program, ruling the law used to maintain Commonwealth funding for chaplains is unconstitutional.

Despite the court challenge, the program was allocated nearly $250 million in this year's federal budget to be spent over four years.

It is the second time the funding arrangements have been challenged in the High Court.

Queensland father Ron Williams won a court challenge against the program in 2012 when the court ruled the program was not being funded in a lawful way.

After the 2012 decision the federal government moved quickly to shore up that program, and more than 400 others potentially affected by the ruling, by passing a new law.

On Thursday Mr Williams, who lives in Toowoomba, won his challenge over the validity of that law.

"It always seemed totally inappropriate that a program could be put into public schools on no other basis than the largely unqualified people that were going in, with the only proviso being that they be religious," he said after Thursday's ruling.

The main question examined in the case was whether the executive government had the power to fund such programs directly through local organisations.

The states backed Mr Williams in both of his High Court challenges over concerns the Commonwealth was using the mechanism to bypass them.

School chaplain program funding 'can continue'

The national body for school chaplains says it believes the program will survive despite the court ruling, saying the payments could continue as state and territory grants.

"While the High Court has ruled against the current [funding] model, the court has acknowledged federal funding can continue for chaplaincy through state/territory grants," the National School Chaplaincy Association said in a statement after the ruling.

"In 2012, the High Court ruled unanimously that, funding model aside, there is no constitutional problem with chaplains serving in government schools.

"Therefore we hope the Federal Government will again act swiftly to protect this vital and beneficial program for students."

Prime Minister Tony Abbott says the Government will examine ways to ensure the program continues.

We particularly want the chaplaincy program to continue. It's one we invented. It's one we supported. It's one we took to the election. Prime Minister Tony Abbott

"The Attorney-General is having a look at it as we speak, and there will be a response as soon as we can appropriately respond," he said.

"Obviously we want our existing programs to continue. We particularly want the chaplaincy program to continue.

"It's one we invented. It's one we supported. It's one we took to the election."

In 2012, when Labor's new law was being debated, then-shadow attorney-general George Brandis described Labor's legislation as a "bandaid" solution that would not "meet the tests the High Court set out" after the 2012 decision.

Following Thursday's ruling, the Opposition vowed to work with the Government to ensure the chaplaincy program can continue.

"The Opposition stands ready to work with the Government to ensure that the Commonwealth can act and provide payments in such a way in the future," Labor frontbencher Brendan O'Connor said.

Meanwhile, Greens leader Christine Milne says she is pleased with the ruling, saying the current arrangement made little sense given recent budget announcements.

"With the Abbott Government cutting $30 billion out of education, [injecting] $250 million into the school chaplains program, made no sense at all," she said.

Government scrapped secular counsellors in federal budget

The program was introduced by the Howard government in 2006 and later extended by the Rudd government.

Schools received up to $20,000 each under the program to employ chaplains.

The chaplains provide counselling support for students but are banned from proselytising their faith.

Scripture Union Queensland spokesman Peter James says the Federal Government needs to ensure funding for school chaplains is maintained.

"Having ruled out the current funding model, we now look to the Commonwealth to put in place an alternative funding solution," he said.

"That could well be a system of grants via the states and territories, an alternative which the High Court acknowledged was possible in 2012 and again in the course of this hearing."

But Australian Education Union president Angelo Gavrielatos is calling for funding to be redirected elsewhere in schools.

"What our students need are expert trained school counsellors, psychologists and welfare workers," he said.

In this year's budget the Federal Government scrapped funding for non-religious counsellors, who made up about a quarter of all participants under the program.

The previous Labor government allowed secular student welfare workers to be funded under the scheme, but the Coalition reversed the decision and will only pay for chaplains.

The Government has argued it is simply returning the program to how it was envisaged by the Howard government and that state governments can provide funding for secular counsellors if they wish.

Topics: courts-and-trials, education, religion-and-beliefs, community-and-society, federal-government, budget, law-crime-and-justice, australia, act, qld, toowoomba-4350

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