Constitutional Challenge

The Annual Conference of the Teachers Federation decided to investigate a new constitutional challenge in the High Court regarding Government funding of private/religious schools

On Sunday, 4 July 2004 the Annual Conference of the Teachers Federation, comprising 600 elected delegates decided to:

"Investigate a new constitutional challenge in the High Court regarding Government funding of private/religious schools."

One of the aims of this challenge is to test the values of the Howard Federal Government against the values embodied in the Australian Constitution.

Some of the changes which we wish to examine since the 1981 "DOGS Case" are:

1. The huge increase in direct federal funding of private schools vis-à-vis public schools.

2. The increase in the number of private schools funded by government.

3. The decision of the Full Bench of the NSW Industrial Relations Commission in the "Teachers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) (State) Award 2004 and other awards (2004) NSW IR Comm159 which was quoted at paragraph 108, page 48 from the "Agreed Statement of Facts" between the Independent Education Union and the Catholic Employers. That paragraph states:

   "108 Principals and those in leadership positions within a Catholic school community are required to uphold the mission of the Catholic Church and to build the faith community. This derives from the transfer of leadership from religious congregations to lay leadership within the Church. It requires such leaders to have imbued themselves with the spirit and reform of the Church consistent with the Vatican II Council. The importance of Principals in particular, in the renewal of the Church cannot be over stated. In providing education from a Catholic world view, the incorporation of the mission and values of the Church becomes the primary responsibility of the Principal and those in other leadership positions."

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