Church of the New Faith
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Church of the New Faith was a name used by the Church of Scientology in Australia from the late 1960s until 1983, owing to laws in various States of Australia restricting or banning the practice of Scientology.
In 1965 the State of Victoria passed a law, the Psychological Practices Act, 1965, banning the use of the E-meter and teaching Scientology for money. Considering Scientology to be a form of psychology, it required anyone practising psychology to be registered with a newly established Victorian Psychological Council. However, since the Act's definition of psychology was broad enough to include the pastoral counselling traditionally done by priests and ministers of religion, any religious denomination recognised by the Australian government under the federal Marriage Act was exempted from its provisions. The Scientology organisation in Spring Street, Melbourne, closed in response to this law.
Similar laws were later passed in Western Australia in 1968 (the Scientology Act) and South Australia (the Psychological Practices Act) in 1973. The Church changed its name to "Church of the New Faith" and remained active in these two States.
In November 1968, two Australian Scientologists who had been working at Saint Hill, Ian and Judith Tampion, set up a mission of the Church of the New Faith in an inner suburb of Melbourne. They held meetings and sold books, but Scientologists in Melbourne would travel to South Australia for training.
In 1972, Western Australia repealed its Scientology Act. In January 1973, the newly elected federal Labor government recognised Scientology as a religious denomination under the Marriage Act, allowing Scientology ministers to conduct marriages and making them effectively exempt from the provisions of the Victorian Psychological Practices Act. The mission in Melbourne now became a fully functional Church offering training and counselling to the public. However, Victoria's law remained active, though the Victorian Scientology organisation was incorporated in South Australia.
In 1980, the Victorian branch of the Church of the New Faith applied for exemption from payroll tax. (The Church had exemption already in all other states where it operated). The Commissioner of Pay-Roll Tax rejected the application. The Church appealed the decision, and lost on 18 December 1980. The Church lodged a Victorian Supreme Court appeal against this on 24 February 1981, which the full Supreme Court rejected on 5 May 1982.
Around this time, the Victorian Psychological Practices Act was becoming controversial, and was seen by many to be counterproductive. On 25 February 1981, officials of major religions urged repeal of the Act. It was amended by the Psychologists Registration (Scientology) Act, 1982 to remove all references to Scientology on 24 June 1982.
This did not, however, give the Church tax exempt status in Victoria. The Church appealed the payroll decision to the High Court on 9 November 1982 and the case was accepted. They won the case (Church of the New Faith v. Commissioner of Pay-Roll Tax (Victoria)) in late 1983 and immediately started operating as the Church of Scientology once more, with confirmed status as a tax-exempt religion.
Victoria's Psychological Practices Act was finally repealed by the Psychologists Registration Act, 1987 [1]. The South Australian Psychological Practices Act has remained in force and regulates the activities of hypnotists and psychologists in that State. However, neither this Act itself [2] nor the current regulations [3] now contain any reference to Scientology. The Western Australian Scientology Act, 1968 has been replaced by a Psychologists Registration Act, 1976 [4] with similar provisions.
[edit] References
- Scientology in der Schweiz (report by Konsultative Staatsschutzkommission, Switzerland)
- Unofficial translation by Joe Cisar from Supplement A of the report: "In 1965 the State of Victoria passed a law in which several core activities of the group were banned. This did not entail a ban of the group itself, but forbade the use of the e-meter and instruction in return for money. The same happened in 1968 in the States of Western Australia and in 1969 in South Australia. Disrupted by Victoria's legislation, the group legally changed its name to "Church of the New Faith." It remained active, but appeared to either do without the banned activities, or at least to conduct them less openly."
- Scientology religion claim sham, says judge (Prue Innes and Aileen Berry, The Age, Fri 19 December 1980, p3)
- Scientologists seek recognition (The Age, Fri 21 November 1980, p14)
- Churchmen urge an end to bans on scientology (Louise Carbines, The Age, Sat 18 April 1981, p3)
- Scientology is not religion, says court (The Advertiser (Adelaide), Thu 06 May 1982, p28)
- Scientology ban lifted (The Age, Fri 25 June 1982, p10)
- Scientology's status challenged in court (David Solomon, Australian Financial Review, Wed 10 November 1982, p7)
- Church of the New Faith v. Commissioner of Pay-Roll Tax (Victoria) (High Court of Australia) — final decision
- Scientology wins status of church in High Court (Carol Simmonds, The Australian, 28 October 1983)
- Psychological Practices Act, 1973 (SA Parliament)
- 1996 Regulations under the Psychological Practices Act, 1973 (SA Parliament)
[edit] Notes
- ^ http://www.dms.dpc.vic.gov.au/Domino/Web_Notes/LDMS/PubLawToday.nsf/95c43dd4eac71a68ca256dde00056e7b/1F235F8E2A661A4BCA256E5B00037E28/$FILE/87-60a011.pdf
- ^ http://www.parliament.sa.gov.au/Catalog/legislation/Acts/p/1974.37.htm
- ^ http://www.parliament.sa.gov.au/Catalog/legislation/Regulations/p/1996.199.htm
- ^ http://www.slp.wa.gov.au/statutes/swans.nsf/PDFbyName/226A3ED741613520482565D70018F4F8?OpenDocument
