The Catholic Church has been joined by Jewish and Islamic leaders in urging the Labor Government to reject recommendations from the Productivity Commission Inquiry into Philanthropy which could threaten their ability to run schools and even their ability to appoint and remove religious leaders.
The Catholic Church and legal experts said the Australian Charities and Not-for-profits Commission could, under the changes, appoint or remove religious leaders in a move that risked breaching section 116 of the Constitution. The section bans the Commonwealth from making any law that prohibits the free exercise of any religion.
President of the Australian Catholic Bishops Conference, Archbishop Timothy Costelloe SDB, expressed his disappointment with the report late last week.
“The commission was charged with increasing philanthropy in Australia but incredibly thinks that can be achieved by excluding people of faith, who are known to give generously of their time and money,” he said.
“The Productivity Commission has recommended abolishing Basic Religious Charities without addressing the significant constitutional difficulties (Constitution Section 116) which many have identified.
“For example, abolishing Basic Religious Charities would mean the Australian Charities and Not-for-profits Commission could replace and appoint responsible persons in religious entities or direct religious bodies to alter governance rules and structures.
“In practice this means they could remove a priest from management of a parish and appoint someone else, interfering in the operation of a religious organisation.”
The government has already promised it wouldn’t stop tax-deductible donations to school building funds and confirmed it also wouldn’t support the commission’s suggestion of abolishing tax-deductible donations towards religious education in public and private schools.
Executive Council of Australian Jewry co-chief executive Peter Wertheim said no government official should be placed in a position of becoming an arbiter of doctrine in any religion.
“We call on the Government to reject the commission’s proposal to empower the ACNC Commissioner to suspend, appoint and remove the leaders of religious charities,” Mr Wertheim said.
“It would be beyond their competence, and there is zero evidence of any need for such a drastic measure.”
Australian Federation of Islamic Councils president Rateb Jneid said the recommendations contradicted religious freedom and expression.