From: Tim Mander [mailto:timm@suqld.org.au] Sent: Friday, 4 February 2011 4:10 PM To: Undisclosed recipients: Subject: Important information : Chaplains' High Court Challenge (sent to all LCCs, DCs) Dear friends, No doubt you have heard about the High Court Challenge against the federal funding of school chaplaincy. I am writing to explain to you the issue, the possible consequences, and SU QLD’s response. The case SU QLD has just been served a writ naming it as a defendant in a High Court Challenge that is fighting the right of the federal government to fund school chaplaincy. The threat finally became a reality. The details relevant to the matter are as follows: Plaintiff: - Ronald Williams Defendants: - Commonwealth of Australia - Minister for School Education Childhood and Youth - Minister for Finance and Deregulation - sc-ripture Union Queensland 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. Mr Williams is a well known opponent of anything “spiritual” in the school system. You can see him and his supporters on a Compass program broadcast late last year (click here to view this program on our website). Process and timing The High Court has agreed to hear the case and it is set down for May 10-12. The Commonwealth and SU QLD will have 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. What is the plaintiff’s case? The Challenge falls into two broad forms: 1. They argue that there is no federal constitutional power under which the Commonwealth can make payments for school chaplaincy. The argument is put several ways - that there is no specific federal power; that it is something within the power of the states and that chaplaincy does not involve an issue of national importance requiring national action. 2. That the Commonwealth has imposed a religious test qualification on “Commonwealth Officers”, in breach of the constitutional prohibition on the Commonwealth making a law regarding the establishment of a religion or inhibiting religious freedom. They are arguing 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". The case relates only to the Darling Heights State School near Toowoomba. However, it will have obvious implications for SUQLD's (and other state employing authorities’) agreements with the Commonwealth. 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. The 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. Currently, 633 state schools in Queensland receive federal funding for school chaplaincy. SU QLD’s Response There are two fronts in this fight – the legal battle and the PR fight. On the first front, SU QLD will be defending this challenge vigorously. We have engaged our Lawyers, Norton Rose, a Junior Counsel and we are currently seeking a Senior Counsel. This could potentially cost $350,000. We believe it’s important to engage the best legal minds available. Constitutional law is a specialised area with only a handful of barristers recognised as experts. We will also be very active on the Public Relations front. Our opponents are peddling a lot of misinformation which needs to be debunked. We will be engaging the media both directly (through sympathetic journalists) and indirectly through PR campaigns. I will also be communicating the issues to the wider church as the potential consequences could extend beyond school chaplaincy. We are currently setting up a website that will explain everything that needs to be known about chaplaincy. This will be a reference point for the media and anyone asking about school chaplaincy. We will advise you when it’s on-line. I will be writing to you shortly with a list of things you and other school chaplaincy supporters can do. If any media contact you for comment on this High Court challenge, please do not comment but simply direct them to contact Mark Badham at SU QLD on 0459 144 007. I will continue to keep you up to date with all the latest developments. God Bless, Tim Mander Tim Mander | CEO SU Qld 1300 4 SU QLD | direct 07 3112 6402 | f 07 3112 6599 | m 0408 899 444 timm@suqld.org.au |www.suqld.org.au | sms us at 0459 278 753 Level 3, 126 Barry Pde, Fortitude Valley Qld 4006 | PO Box 1167, Eagle Farm Qld 4009 follow twitter.com/suqld | like facebook.com/suqld | watch youtube.com/suqld "SU Qld… bringing hope to a young generation" sc-ripture Union Queensland is a member of the worldwide scripture Union International community.