Australia: Scripture Union before the High Court
In 2006 the Australian conservative coalition government introduced the federally-funded National School Chaplaincy Program (NSCP). Then Prime Minister John Howard commented at the time: “Students need the guidance of chaplains, rather than just counsellors… To call a chaplain a counsellor is to bow to political correctness. Chaplain has a particular connotation, people understand it, they know exactly what I'm talking about.” [ABC News 29 October, 2006]
Interestingly, in August 2010, the newly appointed centre-left Labor Prime Minister Julia Gillard pledged a further A$222m toward extending the NSCP to at least 1000 more Australian schools.
Currently, the majority of the 633 state schools in the state of Queensland receive federal funding for school chaplaincy. Many schools in other states also receive funding under the NSCP.
The Writ
A writ was issued out of the High Court of Australia on Tuesday December 20, 2010. A website in support of the Plaintiff, Mr Ronald Williams, explained his writ in the following terms: “[Mr Williams] expected his children to enjoy a public education in a secular state school. His family experience, since 2006, has shown that the … NSCP has intervened, creating a non-secular pro-Christian culture in the state schools his children attended.”
Mr Williams is being represented by one of Australia’s best constitutional legal minds, Bret Walker, SC. His case is being funded by the Australian Secular Lobby and members of the public who want school chaplaincy out of state schools.
Scripture Union Queensland, as a key implementing agency of the NSCP, has been served a writ naming it as a defendant in this High Court challenge, along with various arms of the Australian Government.
Listing Mr William’s reasons for concern, the supporting website points to “Christian prayers on all-school assembly and at significant school ceremonies while holding lunchtime prayer/Bible ‘clubs’, activities and study sessions.”
It also lists the activities of school chaplains, including working as de facto teacher aides and freely engaging with students “in the playground, on school excursions, school camps and sport. Chaplains co-ordinate, oversee and conduct Religious Instruction classes and on-campus church-designed and run programs … which ‘connect’ children with evangelistic off-campus clubs, programs and intensive ‘Jesus’ boot camps.”
Mr Williams’ lawyers are arguing that there is no federal constitutional power under which the Commonwealth can make payments for school chaplaincy. They also argue that as chaplains are receiving federal funding they should be classed as Commonwealth Officers” and therefore it is unconstitutional to insist that they require "formal ordination, commissioning, recognised qualification or endorsement by a recognised or accepted religious institution or a state or territory- approved chaplaincy service".
Importantly, the case says nothing about chaplains’ access in schools. It concerns only whether the Commonwealth may fund school chaplaincy under the terms of the current NSCP guidelines.
Consequences
If the challenge is successful it would mean the cessation of federal funding for school chaplains. This would affect all federally funded chaplains in Australia. It may also have an impact on chaplaincy in the Armed Forces and Australian Federal Police. Whether it flows into “faith based” organisations serving in the welfare sector is arguable at this stage.
Scripture Union Queensland is fighting this writ on two fronts: the legal battle and the public relations fight. Scripture Union Queensland has engaged the legal firm Norton Rose, a Junior Counsel and a Senior Counsel. Such legal expenses may reach A$350,000, but SU QLD considers this essential as constitutional law is a specialised area with only a handful of barristers recognised as experts.
Public Relations
Scripture Union Queensland are also very active on the Public Relations front, engaging the media both directly (through sympathetic journalists) and indirectly through PR campaigns. Efforts are also being made to communicate the issues to the wider church as the potential consequences could extend beyond school chaplaincy.
SU QLD has also established a website providing key information on chaplaincy: www.supportschoolchaplains.com.au. This will be a reference point for the media and anyone asking about school chaplaincy.
The High Court is due to hear the case from May 10-12. The Commonwealth and SU Queensland had until 25 February to file their defences to the claims made. It is expected that the High Court will take at least six months to deliberate before it brings down its ruling.
This article first appeared in "Evangelicals Now" (http://www.e-n.org.uk/), April 2011, p32
Interestingly, in August 2010, the newly appointed centre-left Labor Prime Minister Julia Gillard pledged a further A$222m toward extending the NSCP to at least 1000 more Australian schools.
Currently, the majority of the 633 state schools in the state of Queensland receive federal funding for school chaplaincy. Many schools in other states also receive funding under the NSCP.
The Writ
A writ was issued out of the High Court of Australia on Tuesday December 20, 2010. A website in support of the Plaintiff, Mr Ronald Williams, explained his writ in the following terms: “[Mr Williams] expected his children to enjoy a public education in a secular state school. His family experience, since 2006, has shown that the … NSCP has intervened, creating a non-secular pro-Christian culture in the state schools his children attended.”
Mr Williams is being represented by one of Australia’s best constitutional legal minds, Bret Walker, SC. His case is being funded by the Australian Secular Lobby and members of the public who want school chaplaincy out of state schools.
Scripture Union Queensland, as a key implementing agency of the NSCP, has been served a writ naming it as a defendant in this High Court challenge, along with various arms of the Australian Government.
Listing Mr William’s reasons for concern, the supporting website points to “Christian prayers on all-school assembly and at significant school ceremonies while holding lunchtime prayer/Bible ‘clubs’, activities and study sessions.”
It also lists the activities of school chaplains, including working as de facto teacher aides and freely engaging with students “in the playground, on school excursions, school camps and sport. Chaplains co-ordinate, oversee and conduct Religious Instruction classes and on-campus church-designed and run programs … which ‘connect’ children with evangelistic off-campus clubs, programs and intensive ‘Jesus’ boot camps.”
Mr Williams’ lawyers are arguing that there is no federal constitutional power under which the Commonwealth can make payments for school chaplaincy. They also argue that as chaplains are receiving federal funding they should be classed as Commonwealth Officers” and therefore it is unconstitutional to insist that they require "formal ordination, commissioning, recognised qualification or endorsement by a recognised or accepted religious institution or a state or territory- approved chaplaincy service".
Importantly, the case says nothing about chaplains’ access in schools. It concerns only whether the Commonwealth may fund school chaplaincy under the terms of the current NSCP guidelines.
Consequences
If the challenge is successful it would mean the cessation of federal funding for school chaplains. This would affect all federally funded chaplains in Australia. It may also have an impact on chaplaincy in the Armed Forces and Australian Federal Police. Whether it flows into “faith based” organisations serving in the welfare sector is arguable at this stage.
Scripture Union Queensland is fighting this writ on two fronts: the legal battle and the public relations fight. Scripture Union Queensland has engaged the legal firm Norton Rose, a Junior Counsel and a Senior Counsel. Such legal expenses may reach A$350,000, but SU QLD considers this essential as constitutional law is a specialised area with only a handful of barristers recognised as experts.
Public Relations
Scripture Union Queensland are also very active on the Public Relations front, engaging the media both directly (through sympathetic journalists) and indirectly through PR campaigns. Efforts are also being made to communicate the issues to the wider church as the potential consequences could extend beyond school chaplaincy.
SU QLD has also established a website providing key information on chaplaincy: www.supportschoolchaplains.com.au. This will be a reference point for the media and anyone asking about school chaplaincy.
The High Court is due to hear the case from May 10-12. The Commonwealth and SU Queensland had until 25 February to file their defences to the claims made. It is expected that the High Court will take at least six months to deliberate before it brings down its ruling.
This article first appeared in "Evangelicals Now" (http://www.e-n.org.uk/), April 2011, p32