ARTICLE · 22 JUNE 2012

School Chaplaincy Program Unconstitutional – High Court Ruling

Makinson d'Apice Lawyers

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A Government Funding Agreement does not satisfy the constitutional requirements to provide funding for school chaplains.

AustraliaGovernment, Public Sector

Indran Sinnadurai

Kylie Maxwell

Summary - A Government Funding Agreement does not satisfy the constitutional requirements to provide funding for the School Chaplaincy Program.

The High Court of Australia yesterday delivered its long-awaited decision in the school chaplaincy case holding that the Federal Government school chaplaincy program is invalid: see Williams v The Commonwealth of Australia [2012] HCA 23.

The High Court held that the Funding Agreement which the Commonwealth Government had made for the provision of the chaplaincy services at a State school in Queensland was invalid. The High Court also held that the payments made by the Commonwealth Government to the chaplaincy provider under the agreement were not validly made in accordance with the Constitution.

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