Como West Public School Prayer
COMO WEST PUBLIC SCHOOL PRAYER
Mr DOWNY (Sutherland) [5.47]: I raise an issue that has had a great deal of publicity in the past few days, the banning of the school prayer at Como West Public School. Most honourable members would be aware of the issue by now and I do not intend to canvass what has already been said in the media. It is good to see the Minister for Education and Training at the table tonight. Today he released a letter, of which I have a copy, stating that he will ask for urgent Crown law advice on the matter, including advice as to whether the legislation should be changed to preserve the principle of freedom of religion. I wish this action had been undertaken in the first place by the Department of School Education.
Earlier this year Como West School Council unanimously decided that the school prayer would be said at the daily assembly, and the prayer was circulated to the families of all the students. On 4 September a number of objections were raised at the parents and citizens meeting and the matter was discussed but the principal decided that the prayer would continue. A complaint was then lodged with the district superintendent of Sutherland schools and as a result, I understand, of an opinion that he had received from the legal branch of the Department of School Education he informed the principal that the prayer should be banned. The advice was based on section 30 of the Education Reform Act.
What concerns me and many people - not just the parents of the school but also people in the local community - is that what should have been a decision made by the local school committee was taken out of its hands. As a result of all that happened, last week the school P and C undertook a school survey. Of the 126 responses, 89 per cent - 112 families - indicated support for the school prayer. Only eight, or 6 per cent, opposed the school prayer. Another six families, 5 per cent, indicated that they supported the prayer with changes. Many responses included comments in addition to the marking of the boxes. Some of the responses were quite strong. One response stated:
Our children should not be short-changed by a minority. I think if there was a lot more peace and love in our lives there would not be the problems in the community today. Australia is a Christian country. What's wrong with our children being taught a few Christian values? With thanks for the opportunity to voice an opinion . . .
The point of this issue is that the local school community should have been given the opportunity to decide whether the prayer should remain. The parents, staff and the principal wanted the prayer retained, but a decision was made based on legal advice that the prayer should be banned. I am delighted, and I am sure the people of the Como school and local community are also delighted, that the Minister has decided to ask for urgent Crown law advice, which should have been taken in the first place. I do not believe that the Department of School Education or the people responsible for this decision fully comprehended what was likely to happen as a result of that decision.
The principal has also copped some flak over this issue. He was the messenger; he was told to stop the school prayer from being said at the school assembly. I feel sorry for him, and so do other people. We have sympathy for him because this man, who went to that school this year, is highly regarded by the school and the local community. There is no point in blaming the previous Government because of an interpretation of the Education Reform Act. I am sure honourable members on both sides of the House would know that there was never an intention under that legislation for this situation to have arisen. If it has arisen, it needs to be corrected. Following this ban there are ramifications, not only for schools in the Sutherland shire where a number of schools have banned the saying of this prayer, but also for schools throughout the State. I hope the situation can be resolved as quickly as possible.
Mr AQUILINA (Riverstone - Minister for Education and Training, and Minister Assisting the Premier on Youth Affairs) [5.51]: I make it plain that the Government has taken no steps to ban prayer in schools. The Government has issued no directive nor made any policy or legislative change to the existing law. It was the former Government's Education Reform Act 1990 - the Government of which the honourable member for Sutherland was a member - which cast doubt over the use of prayer at
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a school assembly. Section 30 of the Act states that education in government schools is to "strictly consist of non-sectarian and secular instruction". This section, I am advised, prevents prayer in government schools during educational time unless it is within the time set aside for special religious education.
My view as Minister for Education is that prayer should be permitted as long as participation is voluntary and as long as parents are aware of and have given permission for this participation. It appears, however, that even this type of arrangement is not permitted within the present law. That is the advice received, even though freedom of religion - the right of any person to adhere to any religious belief or to none - is a basic tenet of our democracy. In relation to the Commonwealth Parliament, it is guaranteed under the Australian Constitution. There is, therefore, a potential conflict between this freedom and an Act which forbids certain religious observances even on a voluntary basis. I have therefore asked for urgent Crown law advice. I have asked for an expert opinion on what is allowed under the present law and whether any changes are needed to preserve the principle of freedom of religion.
In the meantime, schools should continue doing what they are currently doing pending my consideration of the Crown law advice. The House should be very clear on this issue. This Government supports the right of schools to engage in prayer, with one qualification: if parents object to their children participating in prayers, they should have the right to withdraw their children. The basis of freedom of religion is that every person is free to hold his or her own religious beliefs and that no person is forced to subscribe to religious views which they do not hold. It should be clear that the Government has initiated no action to ban the prayer at Como West public school.