Attorney-General (Vic) (Ex rel Black) v Commonwealth

Attorney-General (Vic) ex rel Black v Commonwealth (popularly known as the DOGS case) was a 1981 Australia High Court case that held federal funding of non-government schools operated by religious organisations did not contravene the establishment clause when the funding was for ordinary educational purposes.

Section 116 of the Australian Constitution states that:The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.

This led the Catholic education system to lobby the federal government to start providing state aid to non-government which it succeeded in doing in 1964.

[4] From 1964 to 1981 the advocacy group 'Defence of Government Schools' (DOGS) brought a High Court case to test the validity of Australian state government funding of religious schools.

The DOGS argued that religious schools breached Section 116 of the Australian Constitution.