The High Court is rarely like a carnival, not everybody is a winner. However the Federal Government’s decision on Australia’s school chaplaincy program has seen both sides claim victory to some extent.
A Queensland father of six challenged the National Program on the basis that under the Constitution, Commonwealth officers can not be subject to a religious test.
The High Court threw out that claim, but found the Commonwealth had no power to enter the agreement which funded the program in 2007.
Angus Randall spoke to Adelaide’s premier constitutional law expert and Dean of Law at Adelaide University, John Williams to find out exactly why this is unconstitutional.
Producer: Angus Randall