Friday 16 March 2018

With a royal commission having found that all major religions house and protect paedophiles we still find Liberal Party MPs seeking to extend the influence of priests & ministers in the Australian school system in 2018



Dozens of federal Liberal MPs have reportedly signed a petition calling for a 25 per cent funding increase for the controversial National Schools Chaplaincy Program. 

Whether the budget can afford the funding increase or whether the money would be better spent elsewhere are interesting issues. The bigger legal issue is that the way the chaplains program operates is illegal…….

The High Court has struck down the chaplains program as illegal twice already. In 2012, the High Court ruled the program illegal because the federal government was paying for the chaplains program without any legislation authorising the spending. To overcome the High Court decision, federal Parliament quickly passed legislation to authorise the spending.

The chaplains program again was struck down again in 2014. Federal Parliament can only pass legislation dealing with certain subject matters. The High Court ruled that school chaplains do not fall within any of those.

To get around its own lack of power to run the chaplains program, the federal government now grants money to the states for them to run it. Lots of federal government programs operate this way with the states running programs on behalf of the federal government using federal money.

Getting a job as a chaplain requires a person to be recognised as qualified for the role "through formal ordination, commissioning, recognised religious qualifications or endorsement by a recognised or accepted religious institution". In other words, a person has to be religious and endorsed by a religious group in order to get a job as a chaplain. Atheists need not apply.

Individual schools pick which religion they want their chaplain to be a member of and then recruit a person from that religion for the job.

But it makes no practical sense to require a chaplain to have a particular religion. Chaplains are strictly prohibited from religious proselytising, although there are sometimes reports of chaplains breaking the rules. The High Court even commented that despite the religious sounding job title, the actual work chaplains do has nothing much to do with religion. Justice Dyson Heydon wrote that the work of chaplains "could have been done by persons who met a religious test. It could equally have been done by persons who did not".

In other words, there is no genuine occupational requirement for a chaplain to be a member of any particular religion or to be religious at all. The federal government has simply decided that it wants all chaplains to be religious.

Requiring a chaplain to be a member of a particular religion is inconsistent with the nature of public schools……

Requiring a chaplain to be a member of a particular religion is also illegal. Each state has anti-discrimination or equal opportunity legislation making it illegal to discriminate against a person on the ground of religion in employment decisions. These anti-discrimination rules apply to public schools and their hiring decisions.

Public schools cannot advertise a teacher’s job and require that only Hindus are eligible to apply. Public schools cannot advertise a cleaner’s job and require that only Baptists are eligible to apply. The reason is because that would be discrimination on the ground of religion in employment.

It’s exactly the same with chaplains. Requiring a chaplain to be a member of a particular religion is religious discrimination and completely illegal for public schools…..

The state anti-discrimination commissions should do something about public schools breaching religious discrimination laws. If they don’t, someone will eventually go to court and the school chaplains program will probably be ruled illegal for the third, and hopefully final, time.

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