The national school chaplaincy program which received $222 million in this month's Federal Budget, is to be challenged as 'unconstitutional' in the High Court.
While Australia's constitution does not separate church and state, section 116, says the Commonwealth cannot make any law for 'establishing any religion', 'imposing any religious observance' or 'prohibiting the free exercise of any religion'. Section 116 also says 'no religious test shall be required as a qualification for any office or public trust under the Commonwealth'.
A Queensland parent, Ron Williams, is relying on this in mounting his challenge. He argues the program is invalid because it sets a religious test for anyone who wishes to be a Commonwealth-funded chaplain.
Read more in the Sydney Morning Herald.
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