HIGH COURT DECISION FINDS IN FAVOUR OF COMMONWEALTH FUNDING OF NON-GOVERNMENT SCHOOLS

The Council for the Defence of Government Schools (DOGS), a lobby group of teachers and parents, is established in the late 1960s to challenge Commonwealth funding for non-government schools. The case, brought before the High Court in 1980, contests funding for religious schools, claiming it violates section 116 of the Constitution.

In February 1981, the High Court rules in favour of the Commonwealth, determining that funding for religious schools is intended for educational purposes, not “to establish a religion.” Six of seven judges uphold this view, and the plaintiffs are ordered to cover legal costs for the defendants, including the National Council of Independent Schools (NCIS) and Catholic Education.

This landmark decision solidifies the legitimacy of government funding for non-government schools, particularly Independent and religious institutions. It recognises the role of both Commonwealth and State governments in supporting these schools, leading to significant growth in the Independent school sector between 1980 and 1995. The case also creates needs-based financial assistance as a foundation for the expansion of Independent schools.

 

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