The High Court has today struck down the legislation that supports the National School Chaplaincy and Student Welfare Program (the Program).
In a unanimous decision, the High Court found that the laws purporting to give effect to the funding of the Program were invalid. In effect, the Court found that the Commonwealth did not have the constitutional power to fund the Program. The challenged agreement in this case was with the Scripture Union of Queensland, which had agreed to provide the chaplains to schools in Queensland. As a result of the challenge to this agreement, the various agreements with other chaplain providers around Australia will be invalid, and in its current form the Program cannot be funded. The High Court did however acknowledge thatfederal funding for the program can continue for chaplaincy through state/territory grants,
This case did not involve a challenge to the religious elements of the Program.
The challenge was brought by Ronald Williams, the father of children who attend a Queensland state school. Mr Williams previously challenged the National School Chaplaincy Program and was successful in that challenge. The Program was amended by the Commonwealth Government to its current form.
The Commonwealth Attorney-General, George Brandis is examining the judgment. The National School Chaplaincy Association is due to address the media today (Thursday 19 June 2014). The future of the program will depend on the actions of the Commonwealth Government in response to today's ruling.