High Court of Australia

Williams v Commonwealth of Australia [2014] HCA 23

88 ALJR 701; 309 ALR 41

19 Jun 2014

Case Number: S154/2013


French CJ, Hayne, Crennan, Kiefel, Bell, Keane JJ


Constitutional law (Cth) – Powers of Commonwealth Parliament – Commonwealth entered into funding agreement with private service provider for provision of chaplaincy services at state school – Funding agreement made under National School Chaplaincy and Student Welfare Program – Commonwealth paid money under funding agreement – Section 32B of Financial Management and Accountability Act 1997 (Cth) empowered Commonwealth to make, vary or administer arrangements, for purposes of specified programs, under which public money payable by Commonwealth – National School Chaplaincy and Student Welfare Program specified program for purposes of s 32B – Whether s 32B in its relevant operation supported by s 51(xx), (xxiiiA) or (xxxix) of Constitution.

Constitutional law (Cth) – Executive power of Commonwealth – Executive power to spend and contract – Whether entry into and expenditure under funding agreement supported by executive power of Commonwealth.

Constitutional law (Cth) – Reopening of previous decisions.

Words and phrases – "appropriation", "benefits to students", "executive power of the Commonwealth".

Constitution – ss 51(xx), 51(xxiiiA), 51(xxxix), 61.

Acts Interpretation Act 1901 (Cth) – s 15A.

Financial Framework Legislation Amendment Act (No 3) 2012 (Cth) – Sched 1, item 9.

Financial Management and Accountability Act 1997 (Cth) – s 32B.

Financial Management and Accountability Regulations 1997 (Cth) – Pt 5AA, Sched 1AA.

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