School Chaplaincy Program Revised to Side-step High Court Decision
Thursday 28 August 2014 @ 10.22 a.m. | Legal Research
The ABC News has reported that the Federal Government has announced changes to its plans for a "school chaplaincy program" with a view to getting around the recent unfavourable High Court decision in Williams v Commonwealth of Australia [2014] HCA 23 (19 June 2014) (see our previous post at High Court Finds Funding School Chaplaincy Program Outside Commonwealth’s Constitutional Power).
Background
The 19 June 2014, the High Court decision followed the earlier decision of the High Court, also brought by Queensland parent and father Ron Williams, who successfully challenged the original chaplaincy program arrangements in Williams v Commonwealth [2012] HCA 23 (20 June 2012) (see our post at Constitutional Freedom of Religion and State School Funding). In the 19 June 2014 case, the High Court found that the funding arrangement between the Commonwealth and the provider of chaplaincy services in Queensland, Scripture Union Queensland, was not supported by section 61 of the Commonwealth Constitution, which deals with the executive power.
The main question examined in the 19 June 2014 decision was whether the executive government had the power to fund such programs directly through local organisations, and the High Court upheld the challenge to the "National School Chaplaincy Program", taking the position that the provision of funding directly to chaplaincy organisations was constitutionally invalid.
The Resulting Federal Government Response
As a result of the High Court's decision, it is reported by the ABC that the Federal Government has now decided to ask state and territory governments to administer the program using Commonwealth funds. This means that if the states and territories agree, the $250 million four year program will remain open to chaplains of any faith as long as they do not attempt to convert students or prothletise to students.
The ABC quotes the parliamentary secretary to the Minister for Education, Mr Scott Ryan as endorsing the revised program by saying:
"The Government believes that school chaplains make a valuable contribution to the well being of students and school communities, . . . "
The SMH reports that the new arrangement will strengthen the position of the states and territories and could well see some of them demand an option for secular welfare workers and/or tougher qualification standards.
The inclusion of secular welfare workers remains an issue because, as introduced by the Howard government in 2006, the original chaplaincy program did not include secular welfare workers, who were subsequently included in 2011, when the then Labor government expanded the funding, a measure the current government has since reversed in the 2014 budget.
However, as it is reported by SMH, in recent Federal Cabinet discussions, Prime Minister Abbott has argued that the government should stand by its existing policy and the scheme's original aim of supporting pastoral care in schools. SMH also reports that a recent Coalition party room meeting has seen government members argue that the program should be broadened to include funding for secular welfare workers.
Reactions to the Revamped Program
SMH reports the reaction of Ms Kate Ellis the opposition school education spokeswoman as:
"It is an unjustifiable disgrace that hundreds of schools will lose valued, hardworking and qualified counselors as a result of the Abbott government's ideology being rammed down the throat of school students across Australia. . . . Determining who is best placed to support the needs of local students should be left to principals and school communities – not to Christopher Pyne and George Brandis."
The Australian Education Union president Mr Angelo Gavrielatos is reported as taking the view that the school chaplaincy program "undermine[d] the secular traditions of public education" and that the $244 million funding over four years should instead be spent on more urgent needs.
The National School Chaplaincy Association is reported to have welcomed the government's decision saying through a spokesman:
"While we acknowledge the public opinions of some who are opposed to chaplaincy, much of this is based on misinformation. Chaplains are non-judgmental, non-coercive and support all students regardless of the student's issues or worldview."
The ABC reports that the Western Australian Education Minister is "supportive" of the proposal and is confident the state's Cabinet will agree to administer the school chaplaincy scheme. The South Australian Government is reported as willing to consider the proposal if the Commonwealth reinstates the provisions allowing for funding to also be used to engage secular social workers, while the Tasmanian Government is reported as saying it wanted more detail before considering whether it would take up the Federal Government's request to administer the program.
Status
The government is reported to have rushed forward its announcement of the new program because it was "hoping to avoid a distracting debate on chaplains during the introduction of its sweeping higher education changes into Parliament" which are expected in the next week or so.
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Sources:
- School chaplaincy program funding revised following High Court decision (ABC News - 27 August 2014)
- Tony Abbott to keep secular workers out of school chaplaincy program (SMH - 28 August 2014)
- Williams v Commonwealth of Australia [2014] HCA 23 (19 June 2014)
- Williams v Commonwealth of Australia [2012] HCA 23 (20 June 2012)
