The Workplace Relations Commission found that the Department of Defence discriminated on the religion ground in its process for appointing military chaplains. In a decision dated 1 March 2023, it ordered the Department to review the process so suitably qualified candidates could apply.
John Hamill complained that he could not apply for a chaplain role because he did not believe in God. The Department denied discrimination, saying the role had genuine occupational requirements linked to chaplaincy. There was no formal application process: the Department sought a nomination from a bishop and appointed the priest nominated.
The WRC accepted the importance of chaplaincy in the Defence Forces, including during overseas service. It found, however, that being a priest or minister was not a determining requirement for the role as a whole and that the requirement was not proportionate. It concluded the appointment process discriminated because there was no application process and it was based entirely on being a clergy member of one of two churches.
The adjudication officer decided that compensation was not warranted. Instead, the Department was ordered to review the process to comply with equality law and allow suitably qualified candidates to apply.