Church of the New Faith
Encyclopedia
Church of the New Faith was a name used by the Church of Scientology
in Australia
from 1969 until 1983, owing to laws in various States of Australia that attempted to restrict or ban the practice of Scientology
.
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 practicing 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 Adelaide
, South Australia
for training.
The Church of the New Faith was incorporated in Adelaide on 18 June 1969
In 1972, Western Australia repealed its Scientology Act.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 marriage
s 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 . 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 nor the current regulations now contain any reference to Scientology. The Western Australian Scientology Act, 1968 has been replaced by a Psychologists Registration Act, 1976 with similar provisions.
Church of Scientology
The Church of Scientology is an organization devoted to the practice and the promotion of the Scientology belief system. The Church of Scientology International is the Church of Scientology's parent organization, and is responsible for the overall ecclesiastical management, dissemination and...
in Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
from 1969 until 1983, owing to laws in various States of Australia that attempted to restrict or ban the practice of Scientology
Scientology
Scientology is a body of beliefs and related practices created by science fiction and fantasy author L. Ron Hubbard , starting in 1952, as a successor to his earlier self-help system, Dianetics...
.
History
In 1965 the State of VictoriaVictoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
passed a law, the Psychological Practices Act, 1965, banning the use of the E-meter
E-meter
An E-meter is an electronic device used during Dianetics and Scientology auditing. The device is a variation of a Wheatstone bridge, which measures electrical resistance and skin conductance. It is formally known as the Hubbard Electrometer, for the Church's founder, L. Ron Hubbard...
and teaching Scientology for money. Considering Scientology to be a form of psychology
Psychology
Psychology is the study of the mind and behavior. Its immediate goal is to understand individuals and groups by both establishing general principles and researching specific cases. For many, the ultimate goal of psychology is to benefit society...
, it required anyone practicing 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
Melbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...
, closed in response to this law.
Similar laws were later passed in Western Australia
Western Australia
Western Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east...
in 1968 (the Scientology Act) and South Australia
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
(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
Saint Hill
Saint Hill may refer to:* Saint Hill Green, a village near East Grinstead, Sussex, England* Saint Hill Manor, head office for the UK branch of the Church of Scientology...
, 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 Adelaide
Adelaide
Adelaide is the capital city of South Australia and the fifth-largest city in Australia. Adelaide has an estimated population of more than 1.2 million...
, South Australia
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
for training.
The Church of the New Faith was incorporated in Adelaide on 18 June 1969
In 1972, Western Australia repealed its Scientology Act. In January 1973, the newly elected federal Labor
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
government recognised Scientology as a religious denomination under the Marriage Act, allowing Scientology ministers to conduct marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
s 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
Payroll tax
Payroll tax generally refers to two different kinds of similar taxes. The first kind is a tax that employers are required to withhold from employees' wages, also known as withholding tax, pay-as-you-earn tax , or pay-as-you-go 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
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
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 . 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 nor the current regulations now contain any reference to Scientology. The Western Australian Scientology Act, 1968 has been replaced by a Psychologists Registration Act, 1976 with similar provisions.
Additional sources
- Scientology in der Schweiz (report by Konsultative Staatsschutzkommission, SwitzerlandSwitzerlandSwitzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
)- 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 6 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)