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ARTICLE · 21 JUNE 2014

After the school chaplains case, where to now for Commonwealth funded programs?

Clayton Utz
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From this decision, general propositions by the High Court have emerged for future Commonwealth funding arrangements.

AustraliaGovernment, Public Sector
Caroline Bush
Caroline Bush
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For the second time in two years, the High Court has found the Commonwealth's funding arrangements for the National School Chaplaincy and Student Welfare Program are invalid, casting doubt on the validity of many similar schemes providing around $40 billion in funding (Williams v Commonwealth of Australia [2014] HCA 23).

Williams No. 1 leads to remedial legislation

The plaintiff, Mr Williams, whose children attend a public school, first challenged the scheme's validity in 2012. The High Court held that neither the agreement under which the Commonwealth paid money for provision of chaplaincy services in schools, nor the payments it had made under that agreement, were supported by the executive power of the Commonwealth under section 61 of the Constitution.

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