Legal update no. 217

19 June 2014

High Court holds legislation authorising expenditure for the National School Chaplaincy and Student Welfare Program to be invalid

Earlier today, in Williams v Commonwealth (No. 2) [2014] HCA 23, the High Court held (6:0) that legislation authorising expenditure for the National School Chaplaincy and Student Welfare Program is invalid. The Court held that s 32B of the Financial Management and Accountability Act 1997 and its subsidiary regulations are not valid laws of the Commonwealth in their operation with respect to the Program. It was not necessary for the Court to decide whether s 32B and its subsidiary regulations, which authorise a range of Commonwealth spending activities, are wholly invalid.

AGS will shortly publish a more detailed Legal update outlining the reasons for the Court's decision.

Text of the decision is available on AUSTLII.

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