High Court rules chaplaincy program invalid

High Court rules chaplaincy program invalid

Australia’s High Court has ruled that the National School Chaplaincy Program is constitutionally invalid because it oversteps federal funding powers.

The program, which offered schools up to $20,000 to allow students access to chaplains, was set up by the Howard Government in 2007. The scheme was later changed to allow schools to choose to employ a chaplain or non-religious student welfare worker.

Around 2700 schools have so far received funding under the program.

The case was brought forward by Queensland man Ron Williams on the basis that the Constitution does not allow Commonwealth officers to be subject to a religious test.

The court found that school chaplains were not Commonwealth employees, but instead employed by an outside organisation, the Scripture Union Queensland. It found the Commonwealth did not enter into direct arrangements with chaplains to work in schools.

However, the court found the funding agreement between Scripture Union Queensland and the Commonwealth was invalid because it was beyond the power of the Commonwealth.

The Atheist Foundation of Australia has welcomed the decision.

“This is a victory for democracy, for secularism, and for students in state schools around the country,” Atheist Foundation of Australia president David Nicholls said.

Opposition Leader Tony Abbott said it would be a “pity” if the program had to end.

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8 responses to “High Court rules chaplaincy program invalid”

  1. I believe it was that nice Mr Howard, of “we shall decide who comes here” and “marriage is between a man and a woman” so help them god, who introduced this chaplaincy program. Limp old Labor continued it under the ever wasteful, or is that (watchful?)eye of Garrett.

  2. I cant’t see the problem as it’s still early days and this conversation still has a while to go… For the Christians & Athesists among us still having to be bribed by our governing forces who so dilengtly look after our best interests spending our tax dollars wisely without reproach… Gotta love a Circus!

  3. So James thinks people are athiest who do not want the current Chaplains program. Interesting, a bit like the Christian Lobby, you are not Christian unless you believe what they believe. I fail to see the problem with having educated child welfare officers, rather than religious requirement for the job. It is very hap hazard, and we are dealing with children who are at times in distress. It is a shame some do not think of the children, and want to make this about Athiest or Anti-Christian.

  4. Governments should not use taxpayers’ money to privilege and promote what overwhelmingly amounts to a religious employment scheme for public schools.

    The Gillard government made minor tweaks to John Howard’s original chaplaincy scheme to make it look more secular but that has mostly been just window dressing which failed to address core concerns and weaknesses of the scheme. The horse had also already bolted: chaplaincy service providers run by evangelical missionaries — like Evonne Paddison CEO of ACCESS Ministries who was heard to urge a crowd of friendlies to see schools as “our greatest missionfield” and to exploit this “God-given opportunity” to go into schools and “make disciples” — are now ensconced in most states, courtesy of the public purse and the vocal support of the notoriously anti-secular anti-gay Australian Christian Lobby.

    Any government that cared for the welfare of school kids would respect their emotional and social health needs properly by having sensible policies and funding to meet those needs properly. Having spent millions already, they would not dole out another cent to this poorly conceived, unconstitutionally-funded chaplaincy scheme. They would and should instead commit to funding professional qualified school counsellors who are free from perceptions of a religious agenda and are in no way required to be religious as a condition of employment.

    Australians for Separation of Church & State
    http://www.facebook.com/groups/54429760859/

  5. Sexuality doesn’t come into it DAVID. Chaplains are caring for the person. Let he who is without sin, cast the first stone!
    My son was bullied terribly at Primary school and the Chaplain was the only adult at school he could openly talk to. Teachers have all good intentions, but when it comes down to it, a school gang puts the fear in students and they wont dob them in. One bad apple doesn’t spoil the whole tree. So sick of all the negative talk, when they do so much GOOD!

  6. And what are these chaplains going to advise if a student is being bullied because he/she is gay James? Tell them to read the bible? What a joke!

  7. Oh Dave, you are obviously a wounded man. The Government has said that School Chaplaincy will continue but under different circumstances. Sorry Atheists! Chaplains have helped and encouraged many kids and are appreciated in general. But I understand the feelings of some who are anti-Christian because of the same sex debate. I’m just glad that chaplains will be continuing for the good of all.

  8. There were some really good Chaplains doing great work for little money. But there were some bad ones. I certainly do not want people who read the Bible as Hate Thy Gay Neighbour running around in schools.

    Federal Labor should have to pay for this mess out of their own finances, not some Union Credit Card. Maybe next time the Christian Lobby and their 57 facebook friends ask for money for a project like this, Labor might dare to think of the majority of Australians.