Religious Law Conference
For the first time in the Southern Hemisphere leaders from law, academia and religion will come together in the same room to dissect the intersection of religious law and secular law. In the current climate it is important to understand what freedoms exist; what is reportable conduct; which is the appropriate forum for religious disputes; what is religious discrimination; how to have harmonious governance; how to respond to complaints against clergy; and the law governing church property.
Description
Attend and earn 7 CPD units in Substantive Law
This conference was recorded in NSW on 21 November 2018
Session 1
Law and Religion
Chair: The Honourable K R Handley AO C StJ QC
SEPARATION OF CHURCH AND STATE AND RELIGIOUS FREEDOM
9.05am to 9.30am: The ‘Establishment Clause’ of s 116 of the Constitution
Examine the Establishment Clause aspect of s 116 by looking to the clause’s American origins, its explication in the Australian case law, and its possible future directions.
Presented by Celia Winnett, Barrister, Sixth Floor Selborne Wentworth Chambers
9.30am to 9.55am: Prohibiting Religion: Constitutional Principles
Section 116 of the Australian Constitution relevantly provides: “The Commonwealth shall not make any law … prohibiting the free exercise of any religion.” Explore the drafting history of this provision and contemporary Australian jurisprudence.
Presented by Danielle Forrester, Barrister, Sixth Floor Selborne Wentworth Chambers
9.55am to 10.45am: Freedom of Religion in Australia and Internationally
- What does freedom of religion mean in Australia?
- The Ruddock Religious Freedom Review
- Contemporary debates
- International comparisons
Presented by Associate Professor Luke Beck, Monash University Faculty of Law; author, Religious Freedom and the Australian Constitution: Origins and Future, Routledge
RELIGIOUS ADMINISTRATION
10.45am to 11.30am: Boards and Advisory Councils: Issues and Challenges
Consider issues presented by Church advisory councils and boards, the different roles they may have and the different ways in which dysfunctionality can arise.
- Clarity in the statutes/constitutions of the relevant bodies
- Formation of church governors so that they can make proper use of these bodies
- A ‘hybrid’ board that can have both advisory and executive functions
Presented by Fr Brian Lucas, Director, Catholic Mission; author, Church Administration Handbook, St Pauls Publications
11.30am to 11.45am Morning Tea
11.45am to 12.30pm: Ownership of Church Property in Australia
- Who really ‘owns’ church property?
- The role of church trust bodies
- Recent examples: Ellis case, Anglican Diocese of Bathurst case, church and cemetery sales in Tasmania
- Royal Commission recommendations concerning church assets available to meet claims
Presented by Bill d’Apice, Partner, Makinson d’Apice; author, Church Administration Handbook, St Pauls Publications
12.30pm to 1.15pm: Religious Confession Privilege Law in Australia
- History and current status
- Abrogation necessary in child abuse cases
- New reporting obligations
Presented by Associate Professor Keith Thompson, Associate Dean, The University of Notre Dame Australia; author, Religious Confession Privilege at Common Law, Martinus Nijhoff Publishers
Session 2
Religious Litigation
Chair: The Honourable K Mason AC QC
2.00pm to 2.45pm: Secular Courts and Church Disputes
- Theological and jurisprudential reasons for the reluctance of secular courts to intervene in religious disputes
- The limited justiciability of proceedings launched to dispute disciplinary action
- Other canonical processes against clergy
Presented by The Honourable K Mason AC QC
2.45pm to 3.30pm: Liability for Clergy Misbehaviour
- Civil liability
- Criminal liability
- National Redress Scheme
Prepared by Garth Blake AM SC and Mandy Tibbey, Barrister, Eight Wentworth Chambers
Presented by Mandy Tibbey, Barrister, Eight Wentworth Chambers
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm: Discrimination Law and Freedom of Religion
- Coverage of discrimination on the basis of religion under anti-discrimination statutes
- Exemptions that apply to avoid injury to the religious susceptibilities of adherents of a religion
- Recent cases exploring the intersection between religion and equality
Presented by Bronwyn Byrnes, Barrister, 6 St James Hall Chambers
4.30pm to 5.15pm: Religious Litigation
- Cases: Sturt & Anor v Farran, Harrington v Coote, Baker v Gogh
- Enforceability of healing regimes: DEF v Trappett
Presented by Kevin Tang, Barrister, Eight Wentworth Chambers
5:15pm Closing drinks courtesy of Colin Biggers & Paisley Lawyers