Treasurer Frydenberg, Please Abolish the National School Chaplaincy Program

The Morrison Liberal-National Government is currently calling for Pre-Budget Submissions for the 2019-20 Commonwealth Budget. Submissions close 1 February 2019 – for more details click here.

 

Please see my submission below, which I have also sent to the Leader of the Opposition Bill Shorten and Shadow Treasurer Chris Bowen.

 

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Treasurer Josh Frydenberg MP

c/- prebudgetsubs@treasury.gov.au

 

Monday 28 January 2019

 

Dear Treasurer

 

Please Abolish the National School Chaplaincy Program

 

Thank you for the opportunity to provide a submission ahead of the upcoming 2019-20 Commonwealth Budget.

 

In this submission I will make the case for what should be the easiest Budget decision of them all – to save $247 million over four years by abolishing the National School Chaplaincy Program.

 

There are multiple reasons why this entirely unjustified program should be axed, with most stemming from the requirement that any person who acts as a school chaplain must be religious. This requirement is completely inappropriate in a contemporary society.

 

In theory, these positions are supposed to be about improving student welfare. In practice, they are about promoting Christian theology, including in supposedly secular public schools.

 

As the Guardian Australia reported, in 2015 the Education Department revealed that of 2,336 chaplains funded by the Commonwealth Government, 2,312 (or 99%) were Christian, with the negligible remainder split between Islam (13), Judaism (eight) and one each from Bahai, Buddhism and Aboriginal traditional religions.

 

As a program it has already been found to be unconstitutional on multiple occasions (thanks to the ongoing efforts of the courageous Ron Williams). Successive Commonwealth Governments have responded by resorting to increasingly intricate arrangements to circumvent these findings.

 

Indeed, on a prima facie reading, the program is clearly in breach of section 116 of the Constitution, which provides that:

 

‘Commonwealth not to legislate in respect of religion

The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.’

 

The only reason the program has not been found unlawful because of section 116 is because the money to fund it is now funnelled through grants to state and territory governments.

 

Instead of engaging in this intellectual dishonesty, the Commonwealth Government should instead honour the spirit of the Constitution. As Treasurer, you should acknowledge that the National School Chaplaincy Program imposes a religious test on positions that are paid for with taxpayers’ monies – and consequently abolish it.

 

The religious requirement for chaplaincy positions presents another legal problem, and that is it is potentially in breach of state and territory anti-discrimination and equal opportunity laws,[i] because it actively discriminates against people with different religions, or who have no religion.

 

This is currently being tested in the Victorian Civil and Administrative Tribunal, with a complaint against Access Ministries by a person who was barred from applying for a position with them because she was not Christian. As noted in that complaint:

 

‘The discrimination is not reasonably necessary for Access Ministries to comply with the doctrines, beliefs or principles of the religion associated with Access Ministries, because the work of a school chaplain takes place in a non-religious context and workplace, namely a government school, with a student population made up of students with a variety of religious affiliations and with no religious affiliation.’

 

Hopefully, that challenge is successful. Even if it fails, it is likely that the lawfulness of the National School Chaplaincy Program will come under fresh scrutiny as the Commonwealth Government establishes a new Religious Discrimination Act, as part of its response to the Ruddock Religious Freedom Review.

 

It is impossible to argue the program does not discriminate on the basis of religious belief (or lack thereof), when such discrimination lies at its heart. There must be no special loopholes as part of any new Commonwealth Religious Discrimination Act merely to allow discrimination against non-Christians, agnostics and atheists alike to continue. Nor should there be taxpayer funding for this discrimination in the Commonwealth Budget.

 

A third reason why the National School Chaplaincy Program should be abolished is because of its internal contradiction, with people hired as school chaplains because they are religious then required not to ‘proselytise’ their beliefs as part of their role.

 

There have been multiple reports, over many years, of chaplains in public schools completely disregarding this prohibition.

 

From 2011The United Christian Education Foundation is the chaplaincy provider at Ulladulla High School on the New South Wales South Coast.

 

A newsletter on its website reads: “There is much to be thankful for as we look back on another year of bringing the great news of Jesus to the precious young people at Ulladulla High School. The other week a Year 7 boy put up his hand and said, ‘I asked Jesus into my life the other day’.

 

“A Year 8 girl told me about the peace she now has since becoming a Christian,” the newsletter continues.

 

Proselytising is against the federal Education Department’s guidelines on chaplaincy, but some students at the Ulladulla school believe the chaplain is there to convert them.

 

“[It is] basically to make people become of his religion. That’s it really. To convert people to their religion,” said Max, a Year 8 student.

 

Nick, a maths teacher at the primary school nearby, was shocked when the chaplain came to his school and invited the children to pray.

 

“The chaplain was addressing the Year 6 children, a majority of those children would be going to the local high school and he did say that he was available for children there, and they can come to him and pray with him, or if not, he would pray for them,” he said.

 

And from just last year: Generate Ministries, the largest provider of school chaplains in NSW, has begun offering a “faith building” course to students and told them their chaplain is one way of accessing the program.

 

The subject, called Veta Morpheous, is a certificate III course for HSC students developed by the Victorian-based Veta Youth which says the studies enable students to “really invest in your spiritual growth and to explore your faith with adult mentors” and “grow in your Christian life.”

 

“It’s a space… to discover who you are in Christ, and to test your faith in real life,” Veta Youth says.

 

In a now-amended statement on its website Generate Ministries said: “The key to the program is the local ministry supervisor and the peer group supervisor… this is often the local minister, Chaplain.”

 

When contact about the possible breach, Generate Ministries said it only intended for chaplains funded under a separate NSW wellbeing program to offer the course. However that program also forbids chaplains from proselytising.

 

There are countless other examples of chaplains engaged in proselytising behaviour. Perhaps just as concerning is what is not considered proselytising, and therefore deemed acceptable, with then-Education Minister Simon Birmingham telling Senate Estimates that proselytising is only ‘attempt[ing] to convert someone to a particular religion or belief’ and that quoting the Bible is not necessarily proselytising.

 

I am sure many parents with children attending public schools would be horrified by that distinction.

 

To some extent, it is difficult to blame chaplains for engaging in this behaviour. Telling them not to proselytise – when that activity forms such a central part of their identity, their ‘mission’ – is like telling News Corp columnists not to engage in culture wars. It is their raison d’etre, and they will continue to do so for as long as they draw breath (and expel hot air).

 

The fault instead lies with the Howard Liberal-National Government who first funded this program, and all subsequent Governments who have extended it, knowing that employing chaplains in schools will inevitably lead to proselytising to children, irrespective of what any guideline might say.

 

You will own your share of that blame if you do not abolish the National School Chaplaincy Program in your first Budget as Treasurer, expected in April 2019.

 

The fourth problem is a much more fundamental one, and that is, if the aim of the program is to promote student welfare, the National School Chaplaincy Program is a poorly-designed, and ineffective, approach.

 

It is an opt-in program, and even then the funding provided does not pay for a full-time position (with schools expected to fundraise to supplement the Government’s grant). Given the people hired must satisfy a religious test, it is also not open to all of the best-qualified people for the role,[ii] meaning some students will inevitably end up with second-rate support.

 

In short, it is a half-hearted attempt to address what is a genuine challenge.

 

If the Morrison Liberal-National Government was actually serious about student welfare, it would provide funding for school counsellors in all schools, and employ people based on their qualifications not their religious beliefs. If you are not prepared to do that, it is clear student welfare is not the primary focus of the program, and it must therefore be abolished.

 

My fifth and final concern is a much more personal one and that is, as a long-term advocate for the lesbian, gay, bisexual, transgender and intersex (LGBTI) community, the National School Chaplaincy Program is inherently dangerous for LGBTI students.

 

This is not to say that all chaplains are homophobic, biphobic, transphobic or intersexphobic. I am sure there are many who are genuinely inclusive and respectful of all students irrespective of sexual orientation, gender identity or sex characteristics.

 

However, I am saying there have been too many examples, over too many years, of people employed under the National School Chaplaincy Program being harmful to young LGBTI people. In some cases, the organisations providing chaplains across different schools are themselves explicitly homophobic and transphobic.

 

For example, from 2014: ‘Citing a survey from gay rights organisation All Out, Senator [Lousie] Pratt said “students described chaplains helping them to ‘pray the gay away’ and advising them to sleep with a member of the opposite sex to ‘correct’ their same sex attraction”.’

 

And this, from 2015‘The school chaplaincy program in NSW is dominated by Generate Ministries, which lodged a submission to an Australian Human Rights Commission inquiry into religious freedom stating homosexuality is “a serious sin”.’

 

How could any LGBT student attending a school with a Generate Ministries chaplain ever feel comfortable seeking support from their supposed school welfare officer when that person thinks they are intrinsically sinful?

 

Meanwhile, from last year‘In one disturbing case, a transgender child was forced into seven sessions of chaplaincy counselling at her religious school – without her parents’ knowledge – in a bid to stop her from transitioning…

 

Canberra’s response [not to take action against gay conversion therapy] belies the fact that gay conversion ideology has been quietly pushed in schools as part of the federal government’s chaplaincy program.’

 

There are plenty of other examples of the National School Chaplaincy Program being the source of homophobia and transphobia. This is shameful, but not nearly as shameful as the fact taxpayers’ money – money from people like me – is being used to inflict these harms on young LGBTI people.

 

It is your moral responsibility, as Treasurer, to cease funding for a program that, rather than improving student welfare, contributes to the mistreatment of some of the most vulnerable members of society.

 

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As I have outlined above, the only reason the National School Chaplaincy Program remains constitutional is because successive Commonwealth Governments have chosen to circumvent decisions of the High Court.

 

It is possible the program is unlawful under state and territory anti-discrimination laws, because it actively discriminates on the basis of religious belief, and it would likely fall foul of any new Commonwealth Religious Discrimination Act.

 

The National School Chaplaincy Program also suffers from an insurmountable internal contradiction, where people whose primary purpose is to proselytise are politely asked not to. It is unsurprising that many fail to obey this direction.

 

It is a poorly-designed, and ineffective, student welfare program; if Governments were actually serious about student welfare they would fund qualified counsellors in all schools. The National School Chaplaincy Program is also dangerous, and harmful, to lesbian, gay, bisexual, transgender and intersex students.

 

While these may sound like challenges, they also represent an opportunity for you, as Treasurer, to make perhaps the easiest saving of a quarter of a billion dollars that anyone could ever make. The only question is whether you are up to the task.

 

Thank you in advance for taking this submission into consideration.

 

Sincerely

Alastair Lawrie

 

cc Bill.Shorten.MP@aph.gov.au Chris.Bowen.MP@aph.gov.au

 

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Treasurer Josh Frydenberg, who could save $247 million – or continue to fund the discriminatory, harmful and wasteful National School Chaplaincy Program.

 

Update: 12 April 2019

Treasurer Frydenberg handed down the Commonwealth Budget on Tuesday 2 April 2019. Unfortunately, although perhaps not unexpectedly, the Treasurer and the Morrison Liberal-National Government have decided to continue funding for the National School Chaplaincy Program, with $61.4 million committed for each of the next four years.

However, while not unexpected, it remains a disgraceful decision, and an unjustifiable waste of $245.6 million in taxpayers money, on a scheme that is discriminatory against people who are not christian, and inherently harmful for LGBTI students in particular.

With a federal election now scheduled for Saturday 18 May 2019, it is up to the Australian public to vote out a Government that prefers to subsidise the religious indoctrination of children rather than genuinely support student welfare.

Footnotes:

[i] In the states and territories where religious belief is a protected attribute, noting that New South Wales and South Australia currently do not prohibit religious discrimination in their anti-discrimination laws.

[ii] I am not suggesting that all people currently hired as chaplains do not have appropriate student welfare qualifications, but I am saying that, by excluding a large proportion of people because of their religious beliefs (or lack thereof) the talent pool of people hired must inevitably be significantly diminished.

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Dear Joe Hockey, If you’re serious about cutting expenditure, you must axe school chaplains

As promised during the 2013 federal election campaign, one of the first actions of the Tony Abbott-led Liberal-National Government was to establish a National Commission of Audit, to review all Commonwealth expenditure in an effort to reduce spending and ultimately deliver a Budget surplus.

Indeed, the Terms of Reference for the Commission of Audit described it as a “full-scale review of the activities of the Commonwealth government to:

-ensure taxpayers are receiving value-for-money from each dollar spent;

-eliminate wasteful spending; …

-identify areas or programs where Commonwealth involvement is inappropriate…” [among other objectives].

The Commission’s first report was delivered to the Treasurer, Joe Hockey, in mid-February, and the second was handed over at the end of March. The contents of both reports were, quite cynically, kept from the public ahead of the Western Australian half-Senate election on 5 April (because you wouldn’t want an electorate to actually be informed about impending spending cuts before they vote), although, with only one month left until the Federal Budget is handed down it’s highly likely they will be released in the next week or two.

It is expected that the Commission will recommended that the axe fall on (or at least make significant cuts to) a wide range of different programs, with apparently ‘authorised’ leaks focusing on things like the aged pension, Medicare (through a $6 co-payment) and other vital health, education and welfare services.

However, there is one program that, I believe, meets all of the above criteria and thoroughly deserves to be cut as part of any serious expenditure review: the National School Chaplaincy and Student Welfare Program. It is almost impossible to argue that putting ministers of religion into government schools could ever be value-for-money, when compared with almost any other government expense. As well as being enormously wasteful spending, it would also seem to be the definition of a program where Commonwealth involvement is inappropriate.

And yet, given the highly political nature of the Commission of Audit, I suspect it is unlikely the National School Chaplaincy Program is under any real threat. Even if the Commission were to recommend its abolition, it is hard to believe that Joe Hockey would actually follow through on any such advice when he rises to the dispatch box on the night of Tuesday 13 May.

More’s the pity. The National School Chaplaincy Program is amongst the worst examples of public policy over the past decade (and there have been some absolute shockers in that time). It was introduced by John Howard in the dying days of his government (2007), as he realised his grip on power was loosening with age – basically, it was a sop to ultra-conservatives and religious fundamentalists (both of which can be found in the form of the Australian Christian Lobby) to entice them to remain aboard his sinking electoral ship.

Alas, in a demonstration that poor policy, and religious pork-barrelling, can be bipartisan, the incoming Prime Minister, Kevin Rudd, maintained the National Schools Chaplaincy Program throughout his first stint in the Lodge. When it came time to review the first three years of its operation, frustratingly he and his then Deputy, Education Minister Julia Gillard, chose to continue, rather than close, the program.

As Prime Minister in the lead-up to the 2010 poll, Gillard then announced a $222 million extension of the program til the end of this year (2014). This money was also provided to allow for expansion of the scheme’s coverage, from 2,700 schools up to 3,550 schools.

The only figure that accomplished anything to at least partially mitigate the genuine awfulness of the National Schools Chaplaincy Program over the past seven years was Education Minister Peter Garrett, who changed the program guidelines from the start of 2012 to allow schools to choose between chaplains or qualified student counsellors (hence the revised name). He also attempted to introduce a requirement that all workers, including chaplains, have some level of relevant qualifications, although recognition of ‘prior learning’ on the job was also encouraged.

Nevertheless, the vast majority of people employed as a result of this scheme remain ministers of religion. Imagine that: in 2014, the Commonwealth Government provides up to $24,000 per year to more than three and a half thousand schools to subsidise the employment of someone whose primary ‘qualification’, indeed whose primary vocation full stop, is to proselytise.

Ironically, the National School Chaplaincy and Student Welfare Program Guidelines then go to great lengths to attempt to limit the ability of chaplains to proselytise or evangelise from their position of authority within the school community, which is about as useful as telling a tree to stop growing leaves (or telling Cory Bernardi to stop being a bigot). It seems like the apotheosis of a set of rules where adherence, rather than breach, will be the exception.

The Guidelines themselves are also full of loopholes, allowing chaplains to “provid[e] services with a spiritual content (excluding religious education) including facilitating discussion groups and lunch time clubs” with approval and consent, as well as “performing religious services/rites (such as worship or prayer during school assembly etc), with… appropriate prior consent”.

This is an obvious and serious contravention of the principle of the separation of church and state. In the United States, such a program – paying for men (and some women) of faith to introduce their religion into government schools – would be struck out as unconstitutional by their Supreme Court.

Sadly, the anaemic interpretation of section 116 of the Constitution adopted by the High Court of Australia in the “DOGS case” [Attorney-General (Vic); Ex Rel Black v Commonwealth [1981] HCA 2; (1981) 146 CLR 559 (2 February 1981)] meant that it was never going to be struck down here, or at least not on those grounds.

Even after the program was successfully challenged by Toowoomba father, and man of principle, Ron Williams in 2012, with the High Court finding that the scheme did not have a legislative basis to appropriate money, the Government squibbed the ideal chance to abandon a flawed program and instead rushed through legislation to support its ongoing operation [as an aside, the High Court will be hearing a further challenge from Mr Williams, on May 6-8 2014, that the rushed omnibus Bill was itself unconstitutional].

And even if the National School Chaplaincy Program is ultimately found to be constitutional, there is still absolutely zero evidence that it is effective at improving the overall welfare of students.

If any of the Howard, Rudd, Gillard, Rudd (again) or now Abbott Governments genuinely considered that student welfare was a matter of priority, they would properly fund, rather than part subsidise, actual student counsellors or social workers to perform that function in every school, not implement a scheme where cashed-up churches could target individual cash-starved schools and offer the ‘services’ of ministers of religion, essentially as a backdoor way of indoctrinating a fresh generation of children.

There are ways in which the introduction of ministers of religion into schools can lead to direct harm too, not least of which being the issue of potential child sex abuse. In fact, at the same time as the hearings of the Royal Commission into Institutional Responses to Child Sex Abuse, the Government continues to encourage the employment of ministers of religion in public schools, with a code of conduct that allows them to have physical contact with students because “there may be some circumstances where physical contact may be appropriate such as where the student is injured or distraught”. [NB Obviously I am not saying that most, or even many, school chaplains are child sex abusers, but it seems unnecessary, and unnecessarily risky, to bring in people from institutions with a long history of covering-up such abuse and placing them in positions of trust in public schools.]

In addition, some (although obviously not all) ministers of religion also present a clear and present danger to young lesbian, gay, bisexual, transgender and intersex (LGBTI) students, given the blatant homophobia adopted by particular churches and their officials. This threat is explicitly acknowledged by the Guidelines, which in response attempts to prohibit discriminatory behaviour on the basis of sexuality (although it doesn’t appear as though either gender identity or intersex status are mentioned at all).

In the same way as the prohibition on ‘proselytising’ described above, however, it is inevitable that there will be some ministers of religion, in some schools, who deliberately flout those rules, and in the process cause untold harm to young LGBTI students.

In short, the National Schools Chaplaincy Program is philosophically unsound, has no evidence that it benefits student welfare, is expensive, potentially causes harm and is clearly an inappropriate activity to be funded through taxpayers’ money. Surely, out of all of the programs funded by the Commonwealth, across almost all areas, it should be at or near the top of any Commission of Audit ‘hit-list’.

Even if the Commission of Audit abrogates its basic responsibility to recommend that the National School Chaplaincy Program be axed, Treasurer Joe Hockey will still have to make a decision on the future of the program as part of the 2014-15 Budget, because, as noted earlier, funding for the scheme runs out at the end of this year.

What action Joe Hockey takes on this will reveal a great deal about what kind of Treasurer he intends to be. Of all the incoming Abbott Ministers, Hockey has been the loudest in condemning middle-class welfare, in arguing that the role of Government must be smaller, and that inappropriate or unjustifiable programs should be cut.

Well, here is an ideal opportunity to live up to at least some of that rhetoric, savings upwards of $222 million in the process (that’s the equivalent of one and a half $6 GP co-payments for every person in Australia). If he does so on 13 May, then he should be applauded for it (noting of course that there might, just might, be some other things in the Budget that warrant a somewhat different response).

If Hockey fails to rise to the occasion, and extends or even expands funding for ministers of religion in our public schools, then it will show that he is not serious at all about reining in inappropriate spending, and does not believe in small Government – instead, it will simply demonstrate that he believes in big government of a different kind, one that takes money from genuine welfare programs and places it in the hands of ministers of religion for the propagation of their beliefs.

So, now it’s over to you Joe: would you rather take money from people who simply want to see their doctor via a bulk-billed appointment, or from a program which funds the placement of ministers of religion into our public schools? I know which one I would choose. I guess we’ll find out on Budget night which one you do.