AN ACT to further alter the Constitution of the Council of the Diocese.

Transcription

1 CONSOLIDATED ACTS OF THE SYNOD OF THE ANGLICAN DIOCESE OF MELBOURNE No. 4 of 1877 Serial No. 19 Reprinted 1 April 2007 incorporating amendments up to No. 4/2005 No. 4 of 1877 Serial No. 19 Reprinted as at 1 April 2007 incorporating amendments up to No. 4/ COUNCIL OF THE DIOCESE ACT TABLE OF PROVISIONS Section 1. Short Title 2. In temporal affairs Bishop acts with advice of Council 3. Definitions 4. Members of Council 5. Term of office 6. Vacancies 7. Removal from office 8. Filling of vacancies 9. Clerks and lay persons who are not eligible to be members of Council 9A. Assistant bishops of the Diocese in attendance at Council meetings 9B. Persons entitled to attend Council meetings 10. Proceedings not invalid because of vacancy 11. * * * 12. * * * 13. * * * 14. * * * 15. Meetings of the Council 16. Quorum 16AA. Bringing matters before the Council 16A. Rules and by-laws 17. Delegation 17A. Absence and vacancy 18. Accounts and report to Synod 19. Member not to take part where conflict of interest NOTES 1. Commencement of 2. Amending Act 3. Rules for the Conduct of Business 4. By Laws of the Council 5. Guidelines on conflict of intent 6. Transitional Provision Act No. 4/ Appendix: Memorandum and Opinion 1 AN ACT to further alter the Constitution of the Council of the Diocese. Short Title s. 1 substituted by No. 4/ This Act may be cited as the. In temporal affairs Bishop acts with advice of Council 2. In matters pertaining to the temporal affairs of the Church the Bishop shall be assisted by a Council to be constituted as hereinafter mentioned and in all such matters he shall act with the consent of the said Council. Definitions s.3 inserted by No. 4/ In this Act- clerk means a licensed clerk but does not include an assistant bishop of the Diocese or a licensed clerk who, under section 9, is not eligible to be elected or appointed as a member of the Council; lay person does not include a lay person who, under section 9, is not eligible to be elected or appointed as a member of the Council; member means a member of the Council; 2

2 parish region includes an Authorised Anglican Congregation within the meaning of the Authorised Anglican Congregations Act 2004; means a region of the Diocese; regional clerk, for a region, means a clerk who is- licensed to a parish in the region; or is an Archdeacon having territorial jurisdiction in the region or, in the case of a non-territorial Archdeacon, who resides in the region; or is licensed to a school or other organisation situated in the region; regional lay person, for a region, means a lay person who- Members of Council s.4 inserted by No. 4/ The Council shall consist of- is on the electoral roll of a parish in the region; or is a communicant at a place of worship in the region, being St Paul s Cathedral or the place of worship of the Canterbury Fellowship or of a non-parochial congregation designated for the purposes of the Synod Act 1972; or is a member of a religious community approved for the purposes of the Synod Act 1972 and resides in the region. 12 clerks, including at least one regional clerk for each region, elected by Synod; 12 lay persons, including at least one regional lay person for each region, elected by Synod; not more than 3 clerks appointed by the Archbishop after 3 (d) consultation with the members of the Council; not more than 3 lay persons appointed by the Archbishop after consultation with the members of the Council. Term of office s.5 inserted by No. 4/ The term of office of a member expires on the day before the day on which the Council first meets after the election of members at the first ordinary session of each Synod. Vacancies s.6 inserted by No. 4/ The office of a member is vacant if- the member resigns by notice in writing given to the Archbishop; in the case of a person who was elected or appointed as a clerk, the member ceases to be qualified for election or appointment as a clerk; in the case of a person who was elected or appointed as a lay person, the member ceases to be qualified for election or appointment as a lay person. Removal from office s.7 inserted by No. 4/ (1) An elected member may be removed from office by vote of Synod. (2) An appointed member may be removed from office by the Archbishop. Filling of Vacancies s.8 inserted by No. 4/ (1) A vacancy in the office of an elected member shall be filled for the remainder of the member s term by a clerk or a lay person, as the case requires, in accordance with section 21 of the Regulation of Elections Act 1980 and regulations under than Act. (2) If a vacancy in the office of an elected member cannot be filled under sub-section (1), the vacancy shall be filled for the remainder 4

3 of the term by an election at the next ordinary session of Synod or, if so determined under section 31 of the Regulation of Elections Act 1980, by postal ballot under that Act. (3) A vacancy in the office of an appointed member shall be filled for the remainder of the member s term by a clerk or a lay person, as the case requires, appointed by the Archbishop after consultation with the members of the Council. Clerks and lay persons who are not eligible to be members of Council s.9 inserted by No. 4/ A person who is- (d) (e) the Chancellor; or the Deputy Chancellor; or the Advocate of the Diocese; or the Registrar of the Diocese; or the Director of Diocesan Services of the Diocese- is not eligible to be elected or appointed as a member of the Council. Assistant bishops of the Diocese in attendance at Council meetings s. 9A inserted by No. 4/2005 9A. The assistant bishops of the Diocese, being in attendance, may speak at meetings of the Council but may not vote. Persons entitled to attend Council meetings s. 9B inserted by No. 4/2005 9B The following are entitled to attend and speak at meetings of the Council but may not vote. if not an elected or appointed member, the Dean of Melbourne; the Chancellor or, in a vacancy in the office, or absence, of the Chancellor, the Deputy Chancellor; the Advocate; (d) the Registrar of the Diocese; (e) the Director of Diocesan Services of the Diocese. Proceedings not invalid because of vacancy s.10 substituted by No. 2/ No vacancy in the membership of the Council however caused shall affect the validity of the proceedings of the Council provided that there be a quorum of members present. ss repealed by No. 2/1986 * * * * Meetings of the Council s.15 amended by No. 2/ (1) The Council is convened by the Archbishop. (2) The Council must be convened by the Archbishop at least six times each year and may be convened by the Archbishop at other times at his discretion. Quorum s.16 amended by No. 2/ One third of the members shall form a quorum. Bringing matters before the Council s.16aa inserted by No. 2/2003 and amended by No. 4/ AA. (1) The Archbishop may bring a matter before the Council. (2) Five members of the Council may bring a matter before the Council by written notice given to the Archbishop. (3) The Archbishop must place a matter of which written notice has been received under subsection (2) on the business paper of the next meeting of the Council that is more than 14 days after the day on which he or she received the notice. (4) If a matter is brought before the Council under sub-section (2), the terms of the notice and the names of the members must be recorded in the Minutes. 5 6

4 Rules and by-laws s.16a inserted by No. 2/ A. The Council shall have power to make Rules 3 and By-laws 4 for the regulation and conduct of its business not inconsistent with this Act and from time to time to repeal alter and amend the same. Delegation s.17 amended by Nos. 1/1987 and 4/ The Council may delegate any portion of its powers to Committees consisting of members of the Council or of persons of whom a majority are members of the Council either with or without an obligation to report to the Council but the powers so delegated shall be strictly defined and shall be revocable by the Council at pleasure. Absence and vacancy s.17a inserted by No. 2/1928 and amended by No. 4/ A. If any member of the Council be without the permission of the Council absent from three consecutive ordinary meetings of the Council his office may be declared vacant by the Council. Accounts and report to Synod s.18 amended by No. 2/ (1) The Archbishop shall in every session of the Synod within four days after it has met lay a statement before it for the past year of all moneys appropriated or expended and of all moneys recommended to be appropriated or expended and of all acts done by him during that year in Council. (2) The statement referred to in sub-section (1)- Member not to take part where conflict of interest No member of Council or of a Committee of Council shall take part in the discussion or decision of any question in which he or his parish or parochial district is interested unless he be specially requested to do so by Council. NOTES 1 The was assented to on 18 July 1877 and came into operation on that date. 2 This reprint incorporates the amendments made to the Council of the Diocese Act by Acts Nos.6/1887, 2/1889, 4/1896, 2/1928 and the following Acts: Name No. Date of assent Date of commencement Council of the Diocese 2/ October October 1986 (Amendment) Act 1986 Diocesan Administration Act 1/ October December Council of the Diocese (Director 1/ October October 1996 of Diocesan Services) Act 1996 Council of the Diocese 2/ March March 2004 (Amendment) Act 2003 Council of the Diocese (Amendment) Act / October 2005 Part 1 and 3: 6 October 2005 Part 2: 9 March The Rules for Conduct of Business as at 1 April 2007 are as follows: (d) must report on how the functions given to the Archbishop in Council by Acts of the Synod have been discharged; must report on acts done by the Archbishop in Council in relation to matters in which it has been directed or requested by the Synod to act; must report on acts done by the Archbishop in Council to formulate policies and to ensure their implementation; and must be approved by the Council. 7 RULES FOR CONDUCT OF BUSINESS 1. [Rule 1 repealed by section 5(2) of Act No 2/2003] 2. That at a request of any Member of the Council, a division shall take place to ascertain the opinions of the Members on any matter submitted to them. 3. That on a similar request the list of such Members shall be entered on the Minutes. 4. That any Member of the Council shall be at liberty to suggest any proposition to the Bishop for the purpose of having it 8

5 submitted to the consideration of the Council, and should the Bishop decline to do so, such Member shall be entitled to have the proposition entered on the Minutes, with a notice that it had not been so submitted. 5. That the Bishop shall be at liberty to enter on the Minutes his reasons for refusing to submit any such proposition to the consideration of the Council. 6. That any Member of the Council dissenting from the views of the majority shall be entitled to have his reasons for such dissent entered upon the Minutes. 7. That, except as an Act of Synod or applicable Canon of General Synod may prescribe, a consent, concurrence, advice is given or other decision of the Council is made, by simple majority vote of those members personally present [Rule 7 made by the Council 26 February 2004] 4 The By-Laws of the Council as at 1 April 2007 are as follows: BYE-LAWS OF THE COUNCIL OF THE DIOCESE OF MELBOURNE (Adopted on the 12th April, 1912) 1. In any case in which the Council has the right to appoint any person to any office, except that of a Member of a Committee of the Council, the Members of the Council shall be notified thereof in writing, and nominations in writing, under the hand of a Member, shall be receivable before or at the first meeting held subsequent to such notice; but a majority of Members of the Council present at such meeting may extend the time for receiving nominations, in which case notice in writing of such extension of time shall be sent to each Member of the Council. 2. If the number of persons nominated for election shall not be more than the number to be elected, the persons so nominated shall be declared duly elected. 3. If the number of persons nominated for election exceed the number of persons to be elected, the election shall be held at the first meeting of the Council held subsequent to the date upon which nominations 9 have closed, and such election shall, except as otherwise provided herein, be held in the manner provided by the Acts of the Synod for the regulation of elections. 4. If in the opinion of the Archbishop and a majority of the Council present at any meeting an election shall be deemed urgent, the same may be held forthwith, notwithstanding anything hereinbefore contained, or that previous notice of any vacancy to be filled shall not have been given to Members of the Council. 5 The following Guidelines on conflict of interest were adopted by the Council on 17 August 2000: GUIDELINES ON CONFLICT OF INTEREST Section 19 of the 1877 provides No member of the Council or of a Committee of Council shall take part in the discussion or decision of any question in which he or his parish or parochial district is interested unless he be specially requested to do so by the Council. 1. While section 19 does not require that a member make a declaration of an interest, there is nevertheless an implied moral duty for a member of the Council who has a direct interest, or whose parish has a direct interest, in a particular question, to declare that interest. Accordingly, if a member, or a member's parish, has a direct interest in an item on the Agenda of a meeting of the Council or of a Committee, the member should declare the interest at the start of the meeting, or at any event before the item is considered, and should not take an active part in the discussion, and should not vote, on the item. This requirement would not extend to indirect interests of a kind affecting members generally, but would extend to members who serve on the governing bodies of schools, theological colleges, and welfare and missionary agencies when agenda items bear directly on the interest of those bodies. 2. Where a declaration is made and the Council, or a Committee acting under delegation from the Council, decides that, in the circumstances, it is appropriate so to do, the Council or Committee may make a special request of the member to take part in the discussion, and perhaps also to vote. 10

6 3. Items which are listed on an agenda to be dealt with formally ("unstarred items") and in which a member has declared an interest should be voted on separately from other such items. 4. If a member requests that the member's abstention from voting be recorded, or the Council or Committee resolves to record an abstention, the abstention should be recorded in the Minutes of the meeting. 5. Members of the Council should be reminded of the terms of section 19 and consideration might be given to printing the section on Council agendas. 6 Part 2 of the Council of the Diocese (Amendment) Act 2005 contained the following transitional provision: 7. The members of the Council holding office under the Principal Act as in force immediately before the commencement of this Part continue in office until the day before the day on which the Council as constituted under the Principal Act as amended by this Part first meets after that commencement.. APPENDIX Memorandum from Bishop Perry dated 7 November 1864 and Opinion of E F Mitchell, Chancellor of the Diocese, dated 1 October 1911 (as from 3 March 2004 affected by amendments to the made by Act No. 2/2003): MEMO. FROM BISHOP PERRY TO THE REGISTRAR 7TH NOVEMBER, 1864 MINUTE RE COUNCIL OF DIOCESE There appears to prevail in the Diocese (not unnaturally) great misapprehension as to the position and functions of the Council of the Diocese, which it is very desirable, as far as possible, to correct; and with this view I would request that no communication be ever made to the Council, except through the Bishop; and no communication from the Council; but all from the Bishop with the advice of the Council. I should wish the Rules of Practice, &c. in respect of Council to be entered at the beginning of Book of Minutes. C. MELBOURNE 7th November, 1864 OPINION OF THE CHANCELLOR OF THE DIOCESE OF MELBOURNE I can see nothing in these proposed Rules inconsistent with the provisions of the Council of Diocese Act of the Church Assembly, Melbourne (No. 4,1877). The first Rule, in my opinion, merely states in express terms what would be the legal position without it. The Bishop (or, rather as things now exist, the Archbishop) is, I think, alone entitled to bring matters before the Council. Clause 2 of the Act No. 4, 1877, makes it necessary that, in all matters relating to the temporal affairs of the Church, the Bishop shall not act without the consent of the Council; but the Act does not anywhere provide or suggest that the Council can initiate matters relating to the temporal affairs of the Church, and so put the Bishop in motion as to any matter which he does not desire to move in. In other words, the Council is there as an advisory body as to all matters which the Bishop, in the administration of the Diocese, brings before it; and as the Bishop must bring all matters which he wishes to act in relating to the temporal affairs of the Diocese before it, and cannot act in the matters he brings before it without the consent of the Council, it has in effect a power of veto ; but the Council cannot bring forward some matter which the Bishop has not brought before it, carry it by a majority, or even unanimously, against the wish of the Bishop, and so in effect direct him to do something he does not wish to do in the administration of the temporal affairs 11 12

7 of the Diocese. Apart from Rule 1, the other proposed Rules appear to me to be matters connected with the internal regulation and conduct of the business of the Council, which are not, so far as I can see, in any way inconsistent with the provisions of the Act No. 4, (Signed) E.F. MITCHELL 463 Chancery-Lane, 1st October,