When considering employee entitlements and Centrelink entitlements for a member of the clergy it’s important to clarify these issues:

1. Is the member of clergy a volunteer, an employee or an independent contractor?
2. Is the religious group the member of clergy works with an incorporated or unincorporated body?
3. Is the religious group accustomed to controlling the actions of its clergy or is the clergy member really the decision maker of the religious congregation?

The case law reveals that a member of clergy who has a spiritual calling can also be a party to a contract of employment in relation to his or her work as a member of clergy, if that was the intent of both parties (the religious group and the member of clergy). This concept is not confined to denominations of the Christian faith, but applies across the many religions in Australia.

We advise in relation to stipends, donations and other clergy income that may affect Centrelink entitlements, and on whether particular members of clergy are entitled to receive employee benefits such as annual leave, long service leave and personal leave. If you would like advice on the entitlements of a minister of religion, or how his or her income affects his or her Centrelink entitlements, do not hesitate to contact Sharminie Niles.