The High Court challenge to Commonwealth funding of the National School Chaplaincy Program (NSCP) wraps up today after three days of proceedings, though it could be months before a decision is handed down.

Scripture Union Queensland, the largest provider of school chaplains in Australia, had its time in court today, defending the national program and its positive impact in schools across the country.

On Tuesday, the first day of proceedings, plaintiff Ron Williams presented his case, seeking the end to national funding of the chaplaincy program. He was backed by the State governments, who say the Commonwealth funding scheme used for the NSCP and more than 400 other programs is bypassing them.

But Scripture Union QLD CEO Peter James says the States’ argument against the federal funding scheme doesn’t suggest that they don’t like chaplaincy. “They just think the money should go to the states.”

The Commonwealth began its argument yesterday pointing to the place of chaplains in state schools to help the Commonwealth meet its national educational objectives.

“The Commonwealth Solicitor General pointed to the 2008 Melbourne Declaration of Education Goals that students are developed socially, emotionally, morally and spiritually – as well as intellectually and physically – and that school chaplaincy helps meet those educational goals,” says Mr James.

Mr James said the Commonwealth was the right entity to be funding the program, saying in the seven years since the program started, it has been increasingly efficient.

“This is a program that works exceptionally well. It’s valued by schools; it’s valued by the Commonwealth; it’s valued by the States. The only question is, what’s the correct route for the money to be paid.”

It could be several months before the High Court hands down its decision, and is being watched keenly by constitutional lawyers and academics.

“This is a very big federalism case and will be important for years to come—it goes far beyond the school chaplaincy program,” University of Sydney constitutional law professor Anne Twomey told Sydney Morning Herald yesterday.

In 2012 it took the High Court 10 months to hand down its decision, which found that federal funding for the NSCP exceeded the Commonwealth’s executive spending powers under the Constitution.

If the High Court finds in favour of Mr Williams again, Scripture Union Queensland says there are several possibilities for the program to continue to be government-funded, including amended or new legislation by the Commonwealth or the introduction of a State-based grant scheme.

“It could take a number of different forms, so funding could continue through the states,” said Mr James. He stressed the good relationships between chaplaincy providers and the states over many years of service.

The High Court decision will have implications for every chaplaincy provider in the country, not just Scripture Union Queensland. SU QLD is part of a network of chaplaincy providers that includes Access Ministries in Victoria, Genr8 Ministries in NSW and Schools Ministry Group in South Australia. Representatives from YouthCARE, who provide school chaplains in Western Australia, have travelled to Canberra this week to support SU QLD in the case.

“The decision is critical to all providers of school chaplaincy. We feel well supported by all the other chaplaincy movements,” says Mr James.

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