The High Court has ruled that the national school chaplaincy program is constitutionally invalid because it exceeds the Commonwealth’s funding powers.
The High Court has ruled that the national school chaplaincy program is constitutionally invalid because it exceeds the Commonwealth’s funding powers.
But Attorney General Nicola Roxon has told reporters in Canberra the government would continue funding the program, despite the landmark ruling.
In its decision, one that could cast doubt on other areas of Commonwealth funding, the court this morning upheld a challenge to the scheme by Queensland father Ron Williams.
The Howard government introduced the scheme in 2007, offering schools up to $20,000 a year to introduce or extend chaplaincy services.
One of Australia’s leading constitutional lawyers George Williams said the implications of the case were massive and could potentially affect any program directly funded by the federal government.
This would include the local government Roads Recovery program and even direct funding of private schools.
”This sets down very significant limits on the ability of the Commonwealth to spend money,” Professor Williams said.
”I suspect this decision will embolden people to challenge Commonwealth expenditure in other areas.”
Professor Williams said that, while the Commonwealth could still provide funding, it may have to be through the states, rather than funding programs directly, which had been its preference.
”This may lead the Commonwealth to engage in a major rethink of its budgetary processes – what it spends money on and how it does that,” he said.
“This is very likely to be the biggest High Court case of the year.”
About 2700 schools have received funding under the program to date. The Gillard government has promised to extend the scheme to up to 1000 further schools.
Read more: http://www.smh.com.au/opinion/political-news/chaplains-safe-despite-high-court-ruling-roxon-20120620-20n2d.html#ixzz1yJJ9x7xM
• Analysis: What the chaplains case means for Commonwealth funding
