June 20, 2012
Funding arrangements for the National School Chaplaincy Program are “constitutionally invalid” according to decision by the High Court this morning.
Ruling on a challenge to the program by Toowoomba father Ron Williams, the court found that the scheme – which assists about 2700 schools – exceeds the Commonwealth’s funding powers.
The scheme was introduced in 2007 by the Howard Government.
Mr Williams challenged the scheme on two grounds: that it violated religious freedom protections in the Constitution, and exceeded Commonwealth funding powers.
The court found against him on the first ground, but upheld the second on the basis that the funding agreement between chaplaincy provider Scripture Union Queensland (the major provider of chaplaincy services) and the Commonwealth was invalid because it was beyond the executive power of the Commonwealth.
Commentators this morning have suggested the High Court decision could have implications for other Federal Government funding initiatives, including road funding and arts grants.
(There are a number of school chaplaincy programs operating in the South Burnett, with another five scheduled to begin soon)
