Contents - 111 - DIOCESAN TRUSTEES STATUTE 2016 PART 1 PRELIMINARY 111 PART 2 MEMBERSHIP OF THE PERTH DIOCESAN TRUSTEES 112 PART 3 POWERS OF THE TRUSTEES 113 PART 4 MEETINGS OF THE TRUSTEES 114 PART 5 TRUSTS AND OTHER INVESTMENTS 114 PART 5 FINANCIAL REPORTING AND AUDIT 116 SCHEDULE 1: DECLARATION 117 ------------------------------------------------- BE IT RESOLVED by the Archbishop, clergy and laity of the Diocese of Perth in Synod assembled that: PART 1 PRELIMINARY 1. Short Title 1.1. This statute shall be cited as the "Diocesan Trustees Statute 2016". 2. Repeal 2.1. The Diocesan Trustees Statute 1952 and the Audit Statute 1974 are hereby repealed. 2.2. The repeal of the Diocesan Trustees Statute 1952 will not affect or invalidate any act done or commenced, or any appointment made under or by virtue of the Diocesan Trustees Statute 1952, and all persons elected or appointed under that 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 this Statute will apply to them. 3. Interpretation 3.1. In this Statute unless the context otherwise indicates: Archbishop means the archbishop of the Diocese elected in accordance with the Archbishop's Statute, or the Administrator acting the absence of the Archbishop; Diocesan Auditors shall mean the persons elected by the Synod of Perth as the auditors of the Diocese; Diocesan Council means the body constituted by the Diocesan Council Statute; Diocesan Secretary means the person appointed by the Trustees as Secretary in accordance with this Statute or as acting Secretary for the time being; Diocesan Treasurer shall mean the person selected by the Trustees as Treasurer in accordance with this Statute; Investment Pools or Pools means any one or more of the Diocesan Funds common pool, the Fixed Trust Investment Pool, the Variable Trusts Investment Pool, and any Property Investment Pool or Equity Investment
- 112 - Pool as defined under the Trust Funds Statute 2016; and Trustees shall mean The Perth Diocesan Trustees. PART 2 MEMBERSHIP OF THE PERTH DIOCESAN TRUSTEES 4. Members 4.1. The Trustees shall comprise: (a) (b) the Archbishop of Perth; two clerical Trustees elected by Synod; (c) two Trustees, at least one of whom shall not be a member of the clergy, appointed by Diocesan Council; and (d) six lay Trustees who shall be communicant members of the Anglican Church elected by Synod. 5. Term of office 5.1. The two clerical Trustees elected by Synod and the two Trustees appointed by Diocesan Council shall hold office for a period of three years. 5.2. The six lay Trustees elected by Synod shall hold office for a period of nine years. 5.3. Subject to sections 7 and 8, elected and appointed Trustees shall hold office until their successors are elected or appointed. 5.4. The Trustees appointed by Diocesan Council shall be deemed to retire at the first session of each Synod, but shall be eligible for re-appointment at a meeting of Diocesan Council after the first session of Synod. 5.5. At each session of Synod at which any elected clerical or lay Trustees retire, the Synod shall elect by ballot Trustees to fill the vacated offices. 5.6. At the first session of each Synod two of the six elected lay Trustees shall retire. 5.7. The elected lay Trustees to retire shall be those who have been longest in office. 5.8. As between two or more elected lay Trustees who have been in office an equal length of time, the lay Trustee to retire shall in default of agreement between them be determined by ballot of the Trustees. 5.9. A retiring Trustee shall be eligible for re-election. 5.10. Before entering upon their duties under this Statute, all lay Trustees must sign the declaration in Schedule 1 together with a declaration that they will hold all property, which is vested in them as Trustees, upon the trusts and subject to the provisions of this Statute. 6. Validity of acts 6.1. The Trustees may act notwithstanding any original or subsequent vacancy in membership. 7. Resignation 7.1. Any lay Trustee may resign from office in writing addressed to the Archbishop.
- 113-8. Removal of Trustees 8.1. If the Archbishop sees fit, and with the advice of the Diocesan Council, the Archbishop may in writing remove a lay Trustee from office for any of the following causes : (a) failure to sign the declarations in section 5.10; (b) absence without leave from three consecutive meetings of the Trustees; (c) sequestration of his estate as a bankrupt or insolvent; (d) commission of any offence punishable at law; (e) drunkenness or unchastity; (f) incapacity from mental or physical infirmity to perform the duties of his office; or (g) refusal to conform to any statute of the Diocese. 9. Vacancies 9.1. Any casual vacancy among the clerical Trustees elected by Synod under section 4.1(b) or the lay Trustees elected by Synod under section 4.1(d) may be filled by the Diocesan Council until the next session of Synod when the vacancy shall be filled by Synod. 9.2. The person elected by Synod to fill that vacancy shall hold office for the balance of the term of the Trustee they replace. 9.3. Any casual vacancy among the clerical Trustees elected under section 4.1(b) or the lay Trustees elected under section 4.1(d), which has not been filled by Diocesan Council shall be filled at the next session of Synod. The person elected under section 9.3 shall hold office for the balance of the term of the Trustee they replace. 9.4. Any casual vacancy occurring among the Trustees appointed by Diocesan Council under section 4.1(c) may be filled by the Diocesan Council alone. The person appointed under section 9.4 shall hold office for the balance of the term of the Trustee they replace. PART 3 POWERS OF THE TRUSTEES 10. Common seal 10.1. The common seal of the Trustees shall be kept at the Diocesan offices, Perth, in the custody of the Diocesan Secretary. 10.2. The seal shall only be used by authority of the Trustees. 10.3. Every instrument to which the seal is affixed shall be signed by the Archbishop and countersigned either by one lay Trustee and the Diocesan Secretary or by two lay Trustees. 10.4. A record of every instrument to which the seal is affixed shall be entered in a register kept for that purpose. 11. Delegation
11.1. The Trustees may delegate: (a) - 114 - any of their rights, powers and authorities; and (b) the signing of any instrument pursuant to a limited power of attorney, in accordance with policies adopted by the Trustees from time to time subject always to the provisions of this Statute and the Anglican Church of Australia (Diocesan Trustees) Act 1888. 11.2. The Trustees shall have power to make rules for the conduct of all business coming before them and may reimburse themselves for expenses incurred by them in the exercise of the duties imposed upon them. 12. Diocesan Secretary and Diocesan Treasurer 12.1. The Trustees must: (a) appoint a suitable person to be their Secretary; and (b) select from amongst their number a Treasurer; each of whom must sign the declaration in Schedule 1. PART 4 MEETINGS OF THE TRUSTEES 13. Meetings 13.1. At a meeting of the Trustees, five Trustees shall form a quorum. 13.2. The Trustees shall elect a chairperson from amongst their number.the chairperson shall preside at any meeting of the Trustees at which the chairperson is present. 13.3. If the votes at any meeting are equal the chairperson shall in addition to a deliberative vote have a second or casting vote. 13.4. If at any meeting at which the chairperson is not present the voting is equal, the matter shall be postponed to the next meeting of the Trustees at which the chairperson is present. 13.5. All questions before the Trustees upon which they are not unanimous, shall be decided by the majority of votes of those present at the meeting and the decision of the majority shall be the decision of the Trustees. PART 5 TRUSTS AND OTHER INVESTMENTS 14. Trusts 14.1. All real or personal property which is vested in or which may be transferred to the Trustees or which has been or may hereafter be given granted, devised or bequeathed to or for the benefit of the Church shall be held by the Trustees upon trust subject to the conditions (if any) of that gift, grant, devise or bequest for the use of the Church and as the Synod of the Diocese shall direct. 14.2. All real estate purchased or received in exchange and all money arising from the sale or exchange of real estate shall be held by the Trustees upon the same trusts (if any) as the real estate was originally held by the Trustees. 15. Property
- 115-15.1. The Trustees may purchase, lease, exchange, hire or otherwise acquire any real or personal property which the Trustees think necessary or convenient or capable of being profitably dealt with. 15.2. With the prior approval of Diocesan Council the Trustees may establish a tenancy in common with any other religious entity or entities and may enter into agreement with that entity or entities as the Trustees think fit for the joint use and maintenance of any property held by the Trustees. 15.3. The Trustees may improve, build up, manage, develop, lease, sell, dispose of, turn to account or otherwise deal with all or any part of the real and personal property of the Diocese. 15.4. The Trustees may borrow money, mortgage (including as part of the mortgage arrangements to seal or otherwise execute bills of sale) and charge all or any part of such property for all or any of the purposes referred to in section 15.3 or for the purpose of redeeming any mortgage, other security or charge or any part thereof upon any lands or other property vested in the Trustees. 16. Securities 16.1. The Trustees may hold any investments, stocks, shares, debentures, mortgages or other securities bequeathed or given to the Diocese. 16.2. The Trustees may invest all moneys held by them in mortgages upon real estate or in any fully paid up stocks, shares or debentures issued by any company or association carrying on business in Australia. 16.3. The Trustees may continue or vary any investments held by them from time to time in such manner as the Trustees may think fit. 17. Setting aside land 17.1. With the prior approval of Diocesan Council, the Trustees may from time to time by resolution set apart as a site for specific church purposes any land or any part thereof purchased or held by the Trustees. 17.2. No land may be set apart in violation of any specific trust subject to which the land was given or acquired. 17.3. After the setting apart, the land shall be held by the Trustees exclusively for those purposes and no other purpose. 17.4. With the prior approval of the Diocesan Council in each case but not otherwise, any land set apart or any part thereof may: (a) be released from the trust by the Trustees; (b) have the trust on it varied from one purpose to another or widened to include other purposes; or (c) be leased from time to time for any term not exceeding ninety-nine years and subject to such rents and conditions as the Trustees think fit.
18. Loans to parishes - 116-18.1. Upon the request of the Diocesan Council the Trustees may in their discretion advance moneys to erect or add to Church buildings, rectories and appurtenances. PART 5 FINANCIAL REPORTING AND AUDIT 19. Synod statement 19.1. The Trustees shall lay before each session of Synod a statement showing the funds administered by them and the resources subject to Synod's control and the manner in which they are employed at 30 April in that year (Synod statement). 20. Audit 20.1. The accounts of the Trustees and the Synod statement shall be audited prior to each session of Synod by the Diocesan Auditors. 20.2. The Synod statement shall be audited so that the Diocesan Auditors are able to report whether in their opinion: (a) the Synod statement discloses a true and fair view of the funds administered by the Trustees and the resources subject to Synod's control and the manner in which they are employed as at 30 April; (b) the Trustees have fairly accounted for the income and expenditure of the separate trusts under their administration in the twelve months under review; and (c) the statement of income and distribution of the Investment Pools discloses a true and fair view of the income of the Pools' investments and of the distribution thereof for the twelve months under review.
SCHEDULE 1: DECLARATION - 117 - To be subscribed by the Diocesan Secretary and Diocesan Treasurer. I, Mr/Mrs/Ms/Miss/Dr [Full Christian Names and Surname in Block Letters] of Parish or Organisation:. having been elected or appointed to the office of:.. DECLARE THAT: (a) (b) (c) I am a lay person; I have attained the age of eighteen years and I have been baptised; I am a communicant member of the Anglican Church of Australia, namely: (i) I have been confirmed in the Anglican Church of Australia or am ready and desirous of being so confirmed; or (ii) I have been received into communicant membership of the Anglican Church of Australia or am ready and desirous of being so received; or (iii) I am a communicant member of a Church that is in full communion with the Anglican Church of Australia; (d) I am not a member of any church that is not in communion with the Anglican Church of Australia; (e) I receive communion regularly including normally at Christmas and Easter; (f) I regularly attend the public worship of the Anglican Church of Australia; (g) I will faithfully perform all the duties of my office; and (h) I accept and will obey the Constitution and the Statutes of Synod. Signed by the abovenamed officer:. in the presence of:... this day of.., 20..