1 THE ORDERING OF WORSHIPPING COMMUNITIES STATUTE 2007 Preliminaries Division of the Diocese into Worshipping Communities Emerging expressions of Church life The Council and its Officers The Auditor or Independent Examiner All Meetings of Enrolled Members The Annual Meeting Special Meetings of Enrolled Members Provisions for Multi-Centred Worshipping Communities Council Meetings Worshipping Community Rolls Vacancies among Office Bearers Office of Profit to Disqualify Voting and Elections Those Entitled to Officiate Church Buildings Rights, Responsibilities and Duties Financial Requirements General Provisions Schedule 1: Application for Enrolment on the Electoral Roll Schedule 2: Nomination form Short Title PRELIMINARIES 1.1. This Statute may be cited as the Ordering of Worshipping Communities Statute Preamble 2.1. As the context in which the Church engages its mission is always changing, it is deemed appropriate to adopt a Statute entirely redrafted to meet the needs of worshipping communities as they engage in their mission now and into the future, and flexible enough to provide for the wide variety of situations in which they must now engage and the opportunity to do so in new ways. 3. Repeal 3.1. The Parochial Statute 1971 is repealed. Provided, however, that such repeal will not affect or invalidate any act done or commenced, or any appointment made under or by virtue of the repealed Statute, and all persons elected or appointed under the repealed Statute and holding office at the passing of this Statute will remain in office as if this Statute had been in force at the time they were elected or appointed, and they had been elected or appointed under this Statute, which will apply to them accordingly Ecclesiastical Districts in effect at the date of repeal are deemed Parishes under this Statute and any other Statute of the Diocese In the event of this Statute being inconsistent with any earlier Statute of the Diocese then the provisions of this Statute will prevail to the extent only of the inconsistency.
2 Interpretation 4.1. The meanings of words and phrases given in the Interpretation Statute 2007 apply in this Statute except that for the purposes of this Statute the words and phrases listed hereunder have their meanings given or altered as follows: Council: the authoritative administrative body of a Worshipping Community (referred to in Section 15 below) Rector: the member of the Clergy duly licensed by the Archbishop to the charge of a Worshipping Community and the Cure and includes Priest-in-charge, Curate-incharge, Locum Tenens, and any member of the clergy appointed by the Archbishop to perform the duties of a Rector as prescribed by this Statute. Secretary: the secretary to the Council of a Worshipping Community. 5. Professional standards and Diocesan policies 5.1. Every person appointed or elected under this Statute is subject to: (a) the provisions of the Professional Standards Statute 2003 and any policy or requirement made from time to time pursuant to that Statute; and (b) any other policies adopted from time to time by the Diocesan Council with the assent of the Archbishop. 6. The Diocese DIVISION OF THE DIOCESE INTO WORSHIPPING COMMUNITIES 6.1. The Diocese is the foundational unit of ministry and mission of the Church The Diocese may create sub-units for the advancement of the diocesan ministry and mission The Trustees hold the title and responsibility for all properties, funds, assets and liabilities of the Diocese of Perth and its sub-units. 7. Worshipping Communities 7.1. A Worshipping Community is a body of members of the Church gathered together and established in accordance with this Statute for the purpose of: (a) participating in regular worship; (b) the ministry of the Word and Sacraments; and (c) the mission of the Diocese The Worshipping Communities of the Diocese of Perth are the basic sub-units of the Diocese and may be either geographical or non-geographical The Diocese is divided into ecclesiastical districts which are geographical Worshipping Communities designated as Parishes, each Parish defining both a sphere of mission and an area of pastoral responsibility and comprising one or more congregations Non-geographical Worshipping Communities comprising members of the Church who share a Basis of Association may be established with the approval of the Diocesan Council and the assent of the Archbishop A Basis of Association is that which gives a non-geographical Worshipping Community its reason for existence as a sub-unit of the Diocese. Such reasons include but are not limited to common language, common cultural heritage, and association with an institution such as a school or a hospital Worshipping Communities may meet in a parish church or other place within the Diocese The organisation of Worshipping Communities must comply with this Statute unless Diocesan Council provides otherwise.
3 The Archbishop must appoint for each Worshipping Community a member of the clergy to perform for it the duties of a Rector as prescribed by this Statute. Such member of the clergy may be the chaplain of an institution connected with the Worshipping Community. 8. Diocesan Council policies 8.1. The Diocesan Council with the assent of the Archbishop may make policies for the establishment, alteration and regulation of Worshipping Communities. 9. Establishment of Worshipping Communities 9.1. The Diocesan Council with the assent of the Archbishop may of its own initiative or on the application of members of the Church establish a Worshipping Community An application to establish a Worshipping Community must include: (a) the proposed: (i) boundaries of the Worshipping Community if it is to be geographical; or (ii) Basis of Association if it is to be non-geographical; (b) the number of members of the Church and a list of the communicant members seeking to establish the proposed Worshipping Community who: (i) in the case of a geographical Worshipping Community live within the proposed boundaries; or (ii) in the case of a non-geographical Worshipping Community share the Basis of Association stated in the application; (c) the particulars of any church or rectory that would be under the control of the proposed Worshipping Community and the particulars of any proposals for the erection thereof; (d) an undertaking by the members of the Church referred to in section 9.2(b) that they agree to obey the Statutes and Statutory Resolutions of Synod The Diocesan Council must consult with any other Worshipping Community that it considers may be directly affected by the establishment of the proposed new Worshipping Community If the Diocesan Council with the assent of the Archbishop is satisfied that there is a need for the proposed Worshipping Community it resolves to establish it and determines and declares: (a) in the case of a geographical Worshipping Community its boundaries; or (b) in the case of a non-geographical Worshipping Community its Basis of Association, the Archdeaconry and Deanery to which it will belong and any other matter concerning the ordering of the Worshipping Community The Archbishop directs that a Special Meeting of Enrolled Members of the new Worshipping Community be held to transact any business that could be transacted at an Annual Meeting, including the election of its office bearers The Diocesan Council must report such establishment to the next session of Synod Every declaration made by the Diocesan Council under section 9.4 must be under the hand and seal of the Archbishop and is conclusive evidence of such boundaries or Basis of Association. 10. Alteration or abolition of Worshipping Communities The Diocesan Council with the assent of the Archbishop may from time to time on its own initiative or on application by the Council of a Worshipping Community propose an alteration to the number, boundaries and Bases of Association of Worshipping Communities. (a) The Diocesan Council with the assent of the Archbishop may propose an alteration or abolition where:
4 (b) (i) the Diocesan Council with the assent of the Archbishop is satisfied that a Worshipping Community has failed to comply with any Statute or Statutory Resolution of Synod; (ii) changing demographics have altered the needs of the Diocese; (iii) the Worshipping Community is unable to keep its buildings and other property in good repair; or (iv) any other proper 1 reason. A proposal for alteration or abolition by the Council of a Worshipping Community must be in terms similar to those defined in section The proposal must include details of the allocation of any territories, assets and liabilities of the Worshipping Communities affected by the proposal, and the allocation of responsibility for the pastoral care of their people The Rector and Council of any Worshipping Community that would be affected by the proposal must be consulted by the Diocesan Council not less than thirty days before the proposal is due to take effect. Such Rector or Council may submit to the Diocesan Council their opinion of the proposal and the Diocesan Council must consider any such submissions provided that the submissions are received by the Diocesan Registrar not less than seven days before the proposal is due to take effect After the consultation required by section 10.3 the Diocesan Council with the assent of the Archbishop may give effect to the proposal on such terms and conditions as it thinks fit The Diocesan Council must report particulars of the alteration to the number, boundaries and Bases of Association of Worshipping Communities to the next Session of Synod and such alteration stands unless disallowed by Synod. 11. Grouping of Worshipping Communities Worshipping Communities may, with the approval of the Archbishop, the Diocesan Council and of each Council concerned, be grouped for the sharing of resources for ministry and mission, strategic planning and co-operation A committee made up of representatives of each Worshipping Community in the group may be established to facilitate the co-operation of those Worshipping Communities without displacing the role of their own Councils The Archbishop may appoint a priest or other minister to serve such a grouping of Worshipping Communities. 12. Partnership between a Worshipping Community and a school or other institution A Worshipping Community may enter into an agreement with an Anglican school or other institution of the Church to establish a partnership to share a church, chapel or other facilities Such agreement has no effect until it has been approved by the Archbishop, the Diocesan Council, the Trustees, the Council of a Worshipping Community, and the school or institution concerned. 13. Naming of Worshipping Communities Where it is appropriate, each Worshipping Community is to be designated by the locality of the principal church within it or by the principal town or suburb, and the designation is to be in the form: (a) in the case of a geographical Worshipping Community, Anglican Parish of [Principal Locality] ; or 1 The word proper inserted Synod 2010
5 (b) in the case of a non-geographical Worshipping Community, The [Basis of Association] Anglican Worshipping Community of [Principal Locality]. All such designations require the approval of the Archbishop and the Diocesan Council Each church is to be dedicated in the name of a saint, holy person or other commemoration set out in an approved Calendar of The Anglican Church of Australia and requires the approval of the Archbishop A Worshipping Community may have an additional name or dedication which requires the approval of the Archbishop. EMERGING EXPRESSIONS OF CHURCH LIFE 14. Authorisation of emerging expressions of Church life The Diocesan Council with the assent of the Archbishop may authorise experimental and emerging expressions of Church life that do not meet the full requirements of this Statute The designation, terms, conditions and duration of the authorisation are at the discretion of Diocesan Council with the assent of the Archbishop The Diocesan Council with the assent of the Archbishop may provide guidelines for the development and review of experimental or emerging expressions of Church life After consultation with the office bearers or other leaders of the experimental or emerging expression of Church life, the Archbishop may revoke its authorisation. 15. Composition of the Council THE COUNCIL AND ITS OFFICERS The Council is the authoritative administrative body of a Worshipping Community 2, and may also be referred to as a Parish Council or Worshipping Community Council Subject to section 36, every Worshipping Community must have a Council comprising: (a) the Rector; (b) any other clergy licensed to work in the Worshipping Community; (c) two or three Wardens; (d) not fewer than four Councillors and, except with the prior approval of the Archbishop, not more than twelve Councillors; (e) the Worshipping Community s lay members of Synod, who may also hold office as Wardens or Councillors; and (f) such Additional Clergy as are appointed or elected under section 18 whose number is not to exceed one-fourth of the total number of Wardens and Councillors Where a partnership has been established under section 12 of this Statute the Council of the Worshipping Community may co-opt up to two senior officers of the school or institution. (a) In the case of a school, the senior officers co-opted are normally to be either the Principal or the Senior Chaplain however styled or both. In the case of another institution, the senior officer or officers co-opted are to be of similar standing to the Principal and Senior Chaplain of a school. (b) Such co-opted members of the Council have a right of proposition and a right to vote provided that they fulfil the requirements of items (a) to (f) of the declaration in Schedule 1 of this Statute. (c) The term of office for members co-opted under this section is until the end of the Annual Meeting subsequent to their being co-opted. They are then again eligible to be co-opted. 2 Amended Synod 2010
6 Where the Council of a Worshipping Community refuses to carry out its duties or where some other serious cause is hindering the work of a Worshipping Community, the Diocesan Council may with the assent of the Archbishop after due enquiry, and with notice to the Council, suspend the Council and request the Archbishop to make arrangements for carrying on the work in that Worshipping Community, and the Archbishop may do so. 16. The Wardens Wardens must at the time of their nomination and throughout their term of office be lay Enrolled Members of the Worshipping Community and not be a Warden for any other Worshipping Community Wardens must have attained the age of eighteen years One or two Wardens are to be elected by the Annual Meeting One Warden is to be appointed by the Rector The term of office for the Wardens is until the end of the Annual Meeting subsequent to their election or appointment. 17. The Councillors Councillors must at the time of their nomination and throughout their term of office be lay Enrolled Members of the Worshipping Community Councillors must have attained the age of sixteen years Subject to section 15.2(d), the number of Councillors is to be determined by the Annual Meeting. (a) Three-fourths of the number of Councillors are elected by the Annual Meeting. (b) The remaining Councillors are appointed by the Rector The term of office for the Councillors is until the end of the Annual Meeting subsequent to their election or appointment. 18. The Additional Clergy Any member of the clergy who is enrolled on the Electoral Roll is eligible for election or appointment as an Additional Clergy member of the Council Subject to section 15.2(f), the number of Additional Clergy is to be determined by the clergy present at the Annual Meeting and may be nil If there are to be any Additional Clergy then at the Annual Meeting: (a) the Rector is to appoint one of the Additional Clergy; and (b) the remaining clergy are to elect the remaining Additional Clergy The term of office for the Additional Clergy is until the end of the Annual Meeting subsequent to their election or appointment. 19. Executive Committee The Council of a Worshipping Community may appoint an executive committee comprising 4 the Rector and at least two other members of the Council with such powers as the Council determines. 20. Archbishop may disallow The Archbishop has the right to disallow the appointment or election under this Statute of any person, and is not required to give an explanation. 3 Inserted Synod Amended Synod 2010
7 21. Auditor or Independent Examiner THE AUDITOR OR INDEPENDENT EXAMINER For every Worshipping Community whose "current working income" before any exclusions as defined in clause (2) of the Schedule to the Assessment Statute 1974 (in this statute called "gross income") exceeds $250,000 there must be an Auditor who is: (a) not a member of the Council nor a member of a firm of auditors of which any member is a member of the Council; and is either: (b) a registered company auditor under the Corporations Act 2001; or (c) a firm of registered company auditors under the Corporations Act 2001; or (d) a person who is a member of CPA Australia or the Institute of Chartered Accountants in Australia For every Worshipping Community whose "gross income" does not exceed $250,000 there must be an Independent Examiner who is: (a) not a member of the Council; and (b) a person who has been certified by the Diocesan Secretary as having the requisite ability and practical experience to carry out a competent examination of the accounts of the Worshipping Community The Auditor or Independent Examiner is to be elected by the Annual Meeting The term of office for the Auditor or Independent Examiner is until the end of the Annual Meeting subsequent to their election or appointment or until their successor is appointed. 22. Convenor and Chairperson ALL MEETINGS OF ENROLLED MEMBERS The Rector is the convenor and Chairperson of Meetings of Enrolled Members except that: (a) the Rector may appoint in writing another Enrolled Member either to convene or to chair Meetings of Enrolled Members, or both; (b) the Rector may withdraw such an appointment by written notice to the appointee; and (c) any such appointment lapses upon the Rector ceasing to hold office The convenor, in consultation with the Wardens, is to determine the date, time and place at which any Meeting of Enrolled Members is to be held The Chairperson of a Meeting of Enrolled Members: (a) must conduct the business of the meeting until it is concluded, or until the meeting is adjourned; (b) may vote and must exercise a casting vote if required; (c) must confine the meeting to the purpose(s) for which it is assembled; and (d) must decide all questions of order Where there is no Rector, the Archbishop or some other person appointed by the Archbishop is to: (a) be the convenor and Chairperson of Meetings of Enrolled Members; and (b) make the appointments to the Council that would otherwise be made by the Rector at such Meeting of Enrolled Members. 5 Section 21.1 replaced: concept of Independent Examiner added Synod 2012 throughout 6 Section 21.2 replaced Synod 2012
8 Notice of Meeting Notice of a Meeting of Enrolled Members must be given as follows: (a) during every service on all Sundays and during every weekly service held for the Worshipping Community for four weeks before the day of the Meeting; or (b) if no such service is to be held during the period of notice then notice must be given in writing to all Enrolled Members four weeks before the day of the Meeting The convenor is to determine the form in which notice is given, and the notice must include: (a) the date, time and place at which the Meeting of Enrolled Members is to be held; and (b) the purpose or purposes for the Meeting of Enrolled Members The proceedings of a Meeting of Enrolled Members are not invalidated because of any failure to give notice in the manner prescribed unless: (a) the Council is of the opinion that the irregularity has caused or may cause substantial injustice that cannot be remedied by a resolution of the Council; and (b) the Council passes a resolution declaring the proceedings to be invalid. 24. Limitation of business The business considered at a Meeting of Enrolled Members must be limited to matters which such a Meeting is permitted to deal with under this Statute and of which notice has been given as prescribed by this Statute Nothing may be done by a Meeting of Enrolled Members that interferes with the authority of the Archbishop, the rights of the Trustees, the proper functions of the Rector, or the powers of the Council. 25. Eligibility to vote The following people are eligible to vote and have a right of proposition at Meetings of Enrolled Members: (a) the Rector; (b) every member of the clergy eligible for membership of the Council under section 15.2(b); and (c) every Enrolled Member. If a person s eligibility to vote is challenged at a Meeting of Enrolled Members then the Chairperson determines whether that person is eligible and the Chairperson s decision is final. 26. Quorum The quorum for a Meeting of Enrolled Members comprises: (a) the Rector or Chairperson appointed under section 22; (b) one Warden; and (c) one-fourth of the number of Enrolled Members. 27. Visitors A Meeting of Enrolled Members may give leave to any person who is not an Enrolled Member to attend the Meeting and to address it. Such a visitor may neither vote nor have the right of proposition At the request of 7 the Meeting, the Chairperson is to order all visitors to withdraw from the Meeting. 28. Adjournment A Meeting of Enrolled Members may vote to adjourn itself. 7 Amended Synod 2010
9 THE ANNUAL MEETING 29. Date of the Annual Meeting The Annual Meeting must be held during the months of May or June. 30. Notice of Annual Meeting In addition to the requirements of section 23, the notice of the Annual Meeting must include: (a) a list of the vacancies to be filled by election at the Annual Meeting; (b) the name of the Returning Officer to whom nominations are to be submitted; (c) the date and time at which nominations will close; (d) the date and time by which reports must be submitted to the convenor; and (e) the date and time by which Enrolled Members may submit to the convenor items of business for consideration by the Annual Meeting. (i) Such items of business must be submitted to the convenor not less than 14 days before the Annual Meeting. (ii) If the Annual Meeting is permitted under this Statute to consider such business, the convenor must include that business in the notice of the Annual Meeting for the remainder of the period of notice and in the agenda for the Annual Meeting. (f) in each general election year for lay members of Synod and Alternates, notice that enrolments on the Electoral Roll must be renewed on or after 1 March. 31. Nominations for election Any two Enrolled Members may by signing a nomination form nominate any other person eligible for election as Warden, Councillor, Nominator of Clergy, Auditor or Independent Examiner provided that the person so nominated gives their signed consent on the nomination form. (a) Nominations must be in the form prescribed by Schedule 2 of this Statute. (b) The nomination form may include biographical details of the candidate to be made available to voters. (c) Nominations must be received by the convenor not less than six clear days before the date on which the Annual Meeting or Special Meeting of Enrolled Members referred to in section 33.1 is to be held. 32. Agenda for the Annual Meeting The business to be transacted at an Annual Meeting and its order is as follows: (a) Prayers. (b) Recording of attendance and apologies. (c) The Chairperson reads to the Meeting section 25 of this Statute and the declaration in the application for enrolment on the Electoral Roll in Schedule 1 of this Statute. (d) The Chairperson appoints two scrutineers for any voting or elections to occur. (e) The minutes of the preceding Annual Meeting and any Special Meetings of Enrolled Members held since the preceding Annual Meeting are to be presented for confirmation and signed by the Chairperson as correct records. (f) Presentation and reception of reports as follows: (i) The Rector s Report (ii) The Wardens Report (iii) The Financial Report, which must include: audited, reviewed or examined 8 statements of income and expenditure; 8 Option to have accounts reviewed or examined added Synod 2012
10 a statement of assets and liabilities or at least a statement of uncollected revenue and outstanding liabilities; and a budget of anticipated income and expenditure for the ensuing financial year. (iv) Reports of organisations and groups within the Worshipping Community. Such reports may be circulated at or prior to the Annual Meeting and tabled at the meeting. Leave may be granted by the Annual Meeting for any person present to speak to any report so tabled. (g) Appointments and Elections: Subject to section 36, the following appointments and elections occur: (i) Wardens The Annual Meeting determines whether it will elect one or two Wardens, and then proceeds to their election. The Rector appoints one Warden, and declares that appointment either at the Annual Meeting or at the earliest convenient time thereafter. (ii) Councillors Subject to section 15.2(d) the Annual Meeting determines the number of Councillors and then proceeds to elect three-fourths of that number of Councillors. The Rector appoints the remaining Councillors and declares those appointments either at the Annual Meeting or subsequent to it. (iii) Lay members of Synod and their Alternates If the Archbishop s mandate for a general election of lay members of Synod and their Alternates has been received then: their election proceeds; and Alternates are then assigned to lay members of Synod 9 as prescribed by the Synod Elections Statute (iv) Additional Clergy The clergy appoint or elect the Additional Clergy in accordance with section 18. (v) Auditor or Independent Examiner The Annual Meeting elects an Auditor or Independent Examiner in accordance with section 21, (vi) Nominators of Clergy The Annual Meeting elects four Nominators of Clergy at least one of whom must be a Warden. 10 (h) Business that satisfies the requirements of section 24. (i) Questions, votes of thanks and similar courtesies. (j) Closing prayers Voting and elections, where they are required, must be conducted as prescribed by sections 53 to Annual Meetings: other provisions If for any reason the Annual Meeting is not held in accordance with sections 29 to 32 or if it fails to complete its business, then the Archbishop may direct that a Special Meeting of Enrolled Members be held to transact any business that could be transacted at an Annual Meeting. 9 The Synod Elections Statute 2007, section Clergy Appointments Statute, section 4(d) and section 4A.
11 The Chairperson of the Annual Meeting or Special Meeting of Enrolled Members held pursuant to section 33.1 must, within thirty days after an election or appointment, notify the Diocesan Registrar of the names of the officers elected or appointed and certify that they have signed the declaration prescribed by the Declarations Statute Convening Special Meetings SPECIAL MEETINGS OF ENROLLED MEMBERS Special Meetings of Enrolled Members may be convened as follows: The Rector or the convenor appointed under section 22.1 must convene a Special Meeting of Enrolled Members either: (a) at the Rector s discretion; or (b) within seven days of receipt by the Rector of a request subscribed by not less than ten Enrolled Members. Such request: (i) must be in accordance with section 24; (ii) must state the object of the Meeting proposed to be called; and (iii) may be given or sent to the Rector either personally or through an agent Notice of Special Meetings of Enrolled Members must be given according to the requirements of section Agenda for a Special Meeting The business to be transacted at a Special Meeting of Enrolled Members and its order is as follows: (a) Prayers. (b) Recording of attendance and apologies. (c) The Chairperson reads to the Meeting section 25 of this Statute and the declaration in the application for enrolment on the Electoral Roll in Schedule 1 of this Statute. (d) The Chairperson appoints two scrutineers for any voting or elections to occur. (e) The business for which the Special Meeting of Enrolled Members was called. (f) Votes of thanks and similar courtesies. (g) Closing prayers. PROVISIONS FOR MULTI-CENTRED WORSHIPPING COMMUNITIES 36. Allocation of positions to centres or congregations Before the election of Councillors or Wardens and with the prior approval of the Archbishop the Annual Meeting may determine that specified numbers of Councillors or Wardens be allocated to Enrolled Members associated with particular centres or congregations in the Worshipping Community The Annual Meeting determines whether such office bearers are elected either: (a) by all Enrolled Members present voting together; or (b) by Enrolled Members present and associated with each centre or congregation voting for candidates from their centre or congregation.
12 Election of Local Committees When in any Worshipping Community there is more than one centre or congregation there may be, if the Council approves, a Local Committee for any such centre or congregation A Local Committee is to comprise: (a) the Rector; (b) such members of the clergy duly licensed by the Archbishop to work in the Worshipping Community whom the Rector appoints to serve on the Local Committee; and (c) not less than three nor more than ten Enrolled Members who normally worship in that centre or congregation The Rector is to convene a Meeting of Enrolled Members who normally worship in that centre or congregation for the purpose of electing members of the Local Committee. Such meeting is to be held during the month of May or June each year, provided that the initial election may be made at a meeting held at any convenient time fixed by the Rector The term of office for members of the Local Committee is until the end of the next meeting convened under section 37.3 or until their successors are appointed. 38. Meetings of Local Committees The Rector or some other person appointed by the Rector in writing is the convenor and Chairperson of meetings of the Local Committee In the absence of the Rector and the Rector s appointed convenor (if any) from a meeting of a Local Committee the meeting is to elect its own Chairperson The quorum for a Local Committee meeting is one-third of the total number of positions on the Local Committee, whether vacant or not, and must include the Rector or Chairperson appointed under section The Local Committee must meet at least quarterly subject to any general directions or limitations the Council may impose Minutes must be taken of every Local Committee meeting and kept in a minute book. 39. Local Committees: other provisions The Local Committee may appoint a secretary and, with the concurrence of the Wardens, a treasurer who is to furnish the audited, reviewed or examined statements in relation to the Local Committee required under section 67 of this Statute The Local Committee is to fill any vacancy among its elected members The Local Committee may open and operate in its own name a cheque account with the Anglican Community Fund (Inc) provided that: (a) the written consent of the Wardens is obtained to open such bank account; and (b) all cheques and withdrawal forms must be signed by two members of the Local Committee appointed by it from time to time with the approval of the Wardens. (c) subject to electronic authorisation of each transaction by two of the signatories, funds may be drawn from the account of the Local Committee by electronic funds transfer. Insofar as they can apply, the provisions of section 65 apply to Local Committees No expenditure beyond a sum to be fixed by the Council from time to time may be incurred by the Local Committee without the prior consent of the Council.
13 COUNCIL MEETINGS 40. Convenor and Chairperson of Council meetings The Rector is the convenor and Chairperson of Council meetings unless: (a) the Rector appoints in writing another member of the Council either to convene or to chair its meetings, or both. Such appointment ceases upon the Rector: (i) withdrawing such an appointment by written notice to the appointee; or (ii) ceasing to hold office; or (b) with the consent of the Rector, the Council resolves to elect another member of the Council to chair its meetings. Such person holds the office of Chairperson until the earliest of the following events occurs: (i) the next Annual Meeting; (ii) the Rector withdraws consent or ceases to hold office; or (iii) the Council determines otherwise Notwithstanding the provisions of section 40.1, an ordinary or special Council meeting may be convened and/or chaired by the Archbishop, a person appointed by the Archbishop, or the Archdeacon The Chairperson of a Council meeting is to: (a) conduct the business of the meeting until it is concluded, or until the meeting is adjourned; (b) have an original and a casting vote; (c) confine the meeting to the purpose or purposes for which it is assembled; and (d) decide all questions of order. 41. Council meetings: other provisions The convenor is to give every member of the Council four clear days notice of a meeting unless: (a) the Council resolves otherwise; or (b) the Rector and Wardens agree that a matter of urgency requires that a meeting be held on short notice The Council must meet at least quarterly at such times and places as the Rector and Council determine Council meetings may be conducted by electronic means including but not limited to teleconferencing, video conferencing and instant messaging The Archbishop, a person appointed by the Archbishop and the Archdeacon may attend and participate in any meeting of the Council The quorum for a Council meeting is one-third of the total number of positions on the Council, whether vacant or not, and must include at least one of: (a) the Archbishop or a person appointed by the Archbishop; (b) the Archdeacon; (c) the Rector or one of the clergy referred to in section 15.2(b); or (d) a Warden Minutes must be taken of every Council meeting and kept in a minute book Except where the Chairperson at the Chairperson s absolute discretion considers a matter before the Council to be of a confidential nature and: (a) the Council passes a resolution; or (b) the Chairperson makes a ruling
14 to that effect, any Enrolled Member of the Worshipping Community who is not a member of the Council may attend a meeting or meetings of the Council and may be invited by the Chairperson to speak on any matter under consideration but may not vote or propose any matter. 42. The first meeting of the Council The Council must meet within 28 days of the Annual Meeting At its first meeting or as soon after it as is convenient the Council must: (a) review and if necessary revise the minutes of the Annual Meeting; (b) fill any vacancies remaining after the Annual Meeting that an Annual Meeting is competent to fill; (c) from among its own number elect: (i) a Secretary; and (ii) a Treasurer; 11 The term of office for the Secretary and Treasurer is until the end of the first meeting of the Council following the Annual Meeting. (d) authorise between three and five signatories to its accounts who must be members of the Council If the Council desires the Rector to be the Secretary or the Treasurer then the consent of the Archbishop must first be obtained The Council may elect a new Secretary or Treasurer and change its authorised signatories as required The Chairperson of a Council meeting must, within thirty days after an election or change of office bearers, notify the Diocesan Registrar of the names of the officers elected or appointed, and certify that they have signed the declaration prescribed by the Declarations Statute Special meetings of the Council A special meeting of the Council is to be convened: (a) at the Rector s discretion; (b) at the request of all of the Wardens; (c) at the request of a majority of the members of the Council; (d) at the discretion of the Archbishop or a person appointed by the Archbishop; or (e) at the discretion of the Archdeacon. 44. Council proceedings not to be invalidated No proceedings of a Council are invalidated or made illegal in consequence of any vacancy in the Council, whether arising from: (a) failure to elect or appoint the full complement of members of the Council; (b) any other cause. 45. Electoral Roll WORSHIPPING COMMUNITY ROLLS An Electoral Roll for each Worshipping Community must be compiled and maintained by the Rector and the Secretary. 11 Added Synod 2013
15 Any person who wishes to be enrolled must sign an application and declaration in the form prescribed by Schedule 1 of this Statute and submit it to the Rector or the Secretary, whereupon that person s name will be added to the Electoral Roll Either the Rector or the Secretary may remove from the Electoral Roll the name of any person who does not comply with the declaration in Schedule 1 of this Statute The Rector or the Secretary must remove the name of an Enrolled Member from the Electoral Roll of the Worshipping Community upon receiving a written request from any such Enrolled Member and, if requested, give that person a written certificate that their name has been so removed All enrolments on the Electoral Roll must be renewed on or after 1 March 12 in each general election year for lay members of Synod and Alternates. 46. Pastoral Roll In addition to the Electoral Roll, the Rector may keep a roll containing such information as is desirable for the mission and ministry of the Worshipping Community. VACANCIES AMONG OFFICE BEARERS 47. Election results not reported or declaration not signed If within thirty days of the election or appointment of any office bearer: (a) the election or appointment is not reported to the Diocesan Registrar; or (b) the office bearer fails to sign any declaration required by Statute then the office held by that office bearer is deemed vacant. 48. Office not filled at the Annual Meeting If any appointed or elected office that could have been filled at the Annual Meeting or at a Special Meeting of Enrolled Members held pursuant to section 33.1 was not filled, whether due to an insufficiency of nominations or any other cause, it is deemed vacant. 49. Office vacated by resignation, death, etc Any elected or appointed member of the Council, the Auditor or Independent Examiner, the Secretary or the Treasurer may resign from office by notice in writing signed and sent to the Rector upon receipt of which that person s office becomes vacant Lay members of Synod and Alternates may resign from office by notice in writing signed and sent to the 13 Archbishop, upon receipt of which their office becomes vacant In addition to the provisions of sections 49.1 and 49.2, the office of any elected or appointed member of the Council or Alternate becomes vacant by: (a) the death of that person; (b) that person ceasing to be an Enrolled Member of the Worshipping Community; or (c) that person (not being an Alternate) being absent from each of three consecutive meetings of the Council without leave of absence granted by resolution of the Council In addition to the provisions of section 49.1, the office of Auditor or Independent Examiner becomes vacant: (a) by the death of the Auditor or Independent Examiner; or (b) when the Auditor or Independent Examiner fails to act and the Council so resolves The Diocesan Council with the assent of the Archbishop may by resolution after due inquiry remove from office any appointed or elected member of the Council, an Auditor or 12 Amended Synod Amended Synod 2013
16 Independent Examiner, a Secretary or a Treasurer who is considered by the Diocesan Council to be unfit for any cause to continue in office, and that person s office thereupon becomes vacant. Such person must first be afforded an opportunity of stating in the presence of the Archbishop or the Diocesan Council any objection they may have to such removal. 50. Office bearers subject to criminal proceedings Any person appointed or elected to any office under the terms of this Statute who is charged with an indictable criminal offence shall be suspended from exercising that office until such time as the proceedings have been concluded, unless the Diocesan Council with the assent of the Archbishop determines otherwise Any office bearer who is found guilty of an indictable criminal offence shall no longer hold that office which becomes vacant, unless the Diocesan Council with the assent of the Archbishop determines otherwise. 51. Filling of vacancies Vacancies in the offices of lay members of Synod and Alternates must be filled as prescribed by the Synod Elections Statute If the number of vacancies in the Council is such that there cannot be a quorum then the Archbishop may: (a) direct that a Special Meeting of the Enrolled Members be held to fill the vacancies; or (b) make appointments to fill some or all of the vacancies and must within thirty days after making such appointments notify the Diocesan Registrar of the names of the officers appointed, and certify that they have signed the declaration prescribed by the Declarations Statute If the office of any appointed or elected member of the Council, Auditor or Independent Examiner, Secretary or Treasurer is vacant then it is filled as follows: (a) The Rector appoints a person to fill any vacancy in a position appointed by the Rector, and notifies the Council of the appointment at its next meeting. (b) The clergy meet to elect one of their number to fill a vacancy for an elected Additional Clergy person. (c) The Council fills any other vacancies The Rector must within thirty days after an appointment or election is made under section 51 (other than an appointment made by the Archbishop) notify the Diocesan Registrar of the names of the officers elected or appointed, and certify that they have signed the declaration prescribed by the Declarations Statute OFFICE OF PROFIT TO DISQUALIFY 52. Office of profit or a contract to disqualify No person holding any paid position of the Worshipping Community or being under contract to perform any work for the Worshipping Community is eligible for the office of Warden, Councillor, Auditor or Independent Examiner for such Worshipping Community unless a resolution declaring the person to be eligible has been first passed by either a Meeting of Enrolled Members or a meeting of the Worshipping Community s Council No person holding the office of Warden or Councillor 15 is competent to undertake any paid position of the Worshipping Community or enter into any contract until the person has resigned from that office, unless the Council resolves otherwise. 14 The Synod Elections Statute 2007, section This would include the Secretary or Treasurer of a Parish Council. Auditor deleted from this section Synod 2012.
17 VOTING AND ELECTIONS 53. Returning Officer The Chairperson of a Meeting of Enrolled Members or of the Council is the Returning Officer for all voting and elections held at that meeting The Returning Officer decides all questions concerning: (a) the validity of votes; and (b) the manner of conducting ballots and elections not otherwise provided by Statute. The Returning Officer s decision is final. 54. Voting Motions before Meetings of Enrolled Members or meetings of the Council are determined by a simple majority of the members present and voting The Chairperson of a meeting may vote and must exercise a casting vote if required Voting may be on the voices, by show of hands or by some other method at the discretion of the Chairperson. Any Enrolled Member present may call for a vote by secret ballot, whereupon the Chairperson must place the matter in the hands of the scrutineers who conduct the ballot No person may vote as proxy for any Enrolled Member at a Meeting of Enrolled Members. 55. Elections at Meetings of Enrolled Members Where a ballot is required for an election, the procedure set out below applies The convenor of the Meeting of Enrolled Members: (a) determines by random selection the order in which the names of the nominees appear on the ballot papers; and (b) ensures that sufficient ballot papers are prepared for each office after the close of nominations and before the meeting Every Enrolled Member desiring to vote must obtain ballot papers for each office from the scrutineers, who ensure that: (a) only eligible persons receive ballot papers; and (b) no person receives more than one set of ballot papers Enrolled Members exercise their vote by: (a) striking out the names of all nominees for whom they do not wish to vote; and (b) placing their ballot papers in the ballot box designated by the scrutineers. No ballot paper will be invalidated by the number of names remaining on it differing from the number of vacancies to be filled After the ballot closes for each office, the scrutineers: (a) count the number of ballot papers on which each nominee s name remains; and (b) certify to the Chairperson the number of votes that each nominee received The Chairperson declares the names of those elected to each office, being those who received the greatest number of votes. If there is a tie, the Chairperson must exercise a casting vote and may do so by random selection The Meeting of Enrolled Members may continue with any business on its agenda that does not depend on the outcome of the ballot, and the result of the ballot may be declared at some convenient time after the Meeting.
18 Elections by the Council Council elections may be conducted by a method similar to that described in section 55 or by such other method as the Council determines. 57. Publication of election results The Rector must ensure that the results of all elections and appointments of office bearers are published in writing. This may be done by: (a) a notice displayed on a notice board accessible to the Worshipping Community; (b) inclusion in a newsletter of the Worshipping Community; or (c) any other means appropriate to the Worshipping Community. 58. Those Entitled to Officiate THOSE ENTITLED TO OFFICIATE Only persons licensed or approved by the Archbishop are permitted to: (a) celebrate Divine Service; (b) administer any sacrament; (c) perform any other rite, ceremony or ordinance of the Church; or (d) preach any sermon in any church or Worshipping Community Before any person may perform any of the acts listed in section 58.1 in a church or Worshipping Community: (a) the consent of the Rector is required if the person is authorised to officiate in the Diocese; and (b) the consent of the Archbishop and of the Rector is required if the person is not authorised to officiate in the Diocese. The Archbishop and the Rector are always entitled to perform these acts. 59. Church Property: its use and access CHURCH BUILDINGS Buildings set apart by dedication or consecration for use as a church may only be used for: (a) the celebration of worship, the administration of the sacraments and the due performance of all other rites and ceremonies of religion according to the order and use of the Anglican Church of Australia; and (b) activities consistent with the mission and ministry of the Church unless the prior consent of the Archbishop for another use has been given The consent of the Rector is required for any meeting to be held in a building of a Worshipping Community that is not let, leased or otherwise set aside for the exclusive use of others The Wardens and other officers of the Worshipping Community and the officers of the Diocese are to have reasonable access to the buildings and property of the Worshipping Community to perform all acts related to their respective offices The Archbishop may at any time direct or permit a meeting to be held in a building of a Worshipping Community that is not let, leased or otherwise set aside for the exclusive use of others.
19 Church Property: maintenance, alterations and replacement The Council, except as otherwise ordered in this Statute, is responsible for the general control, maintenance and management of all churches and buildings of which the Worshipping Community is the beneficial owner The Rector and Wardens must send to the Trustees each year during the month of May a report ( the Report ) on the condition of all property of which the Worshipping Community is the beneficial owner The Report shall be on the form provided by the Trustees for the purpose and shall contain full answers to the particulars required by the Trustees If from the Report or the Trustees own inspection it appears to the Trustees that any property of which the Worshipping Community is the beneficial owner is not in good order and repair, the Trustees must make and send an order to the Council ( the Order ) setting out the work that the Trustees require to be effected Within 30 days of receipt of the Order, the Council must begin to effect the work Within 30 more days the Council must report progress of the work to the Trustees Upon the completion of the work, the Rector and Wardens must send to the Trustees a statement signed by them that the work has been effected satisfactorily If the Council fails to comply with the Order or to report progress of the work, or if the Trustees consider that the work is not being effected satisfactorily or is being unduly delayed, it shall be lawful for the Trustees to pay to have the necessary work effected satisfactorily and promptly, and the cost thereof and all expenses incurred in connection therewith shall be refunded by the Council when required by the Trustees The issue of a Faculty by the Archbishop and the Trustees, on the application of the Rector and Wardens, is required before the following acts can take place on property of which a Worshipping Community is the beneficial owner: (a) the erection of a new church or other building; (b) alteration of any kind to the fabric of an existing church or building; (c) the erection, renewal, removal or alteration of monuments or plaques; or (d) alterations or additions to any fittings or ornaments of a church When the Council intends to undertake any building project it must follow any procedure prescribed by the Trustees. RIGHTS, RESPONSIBILITIES AND DUTIES 61. Powers and Responsibilities of the Rector The Rector is to have the custody of: (a) all Church registers and records; (b) all vessels used in the celebration of Holy Communion; and (c) all vestments and linen The Rector is responsible for: (a) the ordering of worship, the administration of the sacraments and the due performance of all other rites and ceremonies of religion according to the order and use of the Anglican Church of Australia; (b) providing leadership to the Worshipping Community in promoting the mission of the church; (c) recording all services in a service register; and 16 Sections 60.2 to 60.8 inserted Synod 2012 based on the repealed Church Property Maintenance Statute 1925