- 260 CLERGY DISCIPLINE STATUTE To provide for the maintenance of due order and discipline among the clergy of the Diocese, and to guard against errors of Doctrine WHEREAS it is expedient to provide for the maintenance of due order and discipline among the clergy of the Diocese and to guard against errors of Doctrine BE IT THEREFORE RESOLVED by the Archbishop, clergy and laity of the Diocese of Perth in Synod assembled 1. The following shall be deemed to be ecclesiastical offences, triable under the provisions of this Statute, and shall be legally sufficient to justify the removal of a Rector, curate, or Assistant curate from his parish or cure, or his suspension from the exercise of his ministerial functions and deprivation of the emoluments of his parish or cure during the period of such suspension. Class I - 1: Heresy or false doctrine; by which it is to be understood the public maintenance and teaching of any doctrine contrary to the authorised teaching of the Church of England as set forth and explained in the Book of Common Prayer, in the form and manner of Making, Ordaining, and Consecrating of Bishops, Priests, and deacons, and in the Thirty-nine Articles of Religion. Class I - 2: Breach of Church Discipline. Class II - 1: Conduct productive of scandal or evil report. Class II - 2: Habitual and wilful neglect of ministerial duty after special admonition in writing by the Archbishop in reference thereto. 2. The Synod shall at once upon the passing of this Statute, and subsequently every three years at the first session following the general election, appoint six clergymen and six laymen, being members of the Synod, to be a Panel of Triers, from whom shall be selected in the manner hereinafter mentioned Assessors for the trial of ecclesiastical offences in respect of which Articles of Accusation shall have been exhibited under the provisions of the Statute, provided that upon the occurrence of any vacancy among such Assessors, by death, resignation, or removal, the Archbishop shall with the concurrence of the Synod, or if the Synod is not in session and until its next meeting, of the Diocesan Council, fill up such vacancy forthwith. 3. The Synod shall at once upon the passing of this Statute, and subsequently every three years at the first session following the general election of Synodsmen, select by ballot a fit person, being a barrister of seven years' standing, to be nominated to the Archbishop for appointment as Church Advocate of the Diocese, to conduct on behalf of the Church all proceedings instituted under this Statute: providing that if the Archbishop shall not see fit to appoint such person the Synod shall again proceed to select and nominate another fit person in like manner. Provided also that should any vacancy occur in the office of Advocate the Archbishop may with the consent of the Synod, or, if the Synod is not in session and until its next meeting, of the Diocesan
- 261 Council, appoint a fit and proper person to be Advocate until the next meeting of the Synod. 4. Any charge against a clergyman of the Diocese shall be made to the Archbishop in writing and signed by the person or persons preferring it, in the form set forth in Schedule A, provided that if the charge be one of heresy or false doctrine, such charge shall be brought by at least two communicants, one of whom shall be a member of the said clergyman's parish; and all such charges shall be countersigned by two communicants of their parish or district, or by five communicants of the Church in the Diocese, certifying their belief that the person or persons bringing such charges are worthy of credit. 5. The Archbishop shall within two months after receipt of such charge or charges, if in his opinion it be a matter of sufficient importance, cause to be served upon the accused (who throughout the proceeding shall be styled the Respondent) a copy of the said charge or charges, and refer it to a committee of preliminary inquiry, to be appointed by the Archbishop, consisting of not less than three persons, being communicants of the Church. 6. If the committee of preliminary inquiry report that there is no sufficient ground for the charge the Archbishop shall dismiss the same, and state in writing to the promoter or promoters of the charge the reason for so dismissing it. 7. Should the said Committee report that there are sufficient grounds for instituting further proceedings the Archbishop shall, unless the Respondent forthwith submit himself to the judgment and sentence of the Archbishop, direct the Church Advocate to exhibit articles of accusation against the Respondent before the tribunal hereinafter constituted, provided that if both parties be willing, the Archbishop may, at request of either of them hear and decide the case himself. 8. The Respondent shall be furnished by the Church Advocate with a written citation under the Episcopal Seal to appear before the Archbishop and his assessors on a day not less than thirty days after service thereof and at the place and hour specified in the citation to answer the charge; notice whereof shall be at once given by the Archbishop to the assessors. 9. The Tribunal before which the accused clergyman shall be so cited shall be constituted of the Archbishop as presiding Judge, and of seven assessors, of whom one shall be a Barrister of seven years' standing and a member of the Church of England, to be appointed by the Bishop-in-Council, and the remaining six (three being clergymen and three laymen) be taken by lot by the Bishop-in-Council from the Panel of Triers hereinbefore mentioned, provided that the aforesaid Barrister shall have no vote on any question before the Tribunal; but shall sit only as a legal Assessor; also provided that the Respondent shall be allowed to select from the Panel of Triers, one clerk and one layman in the place of any of the three clergymen and any one of the three laymen so taken by the Bishop-in-Council. 10. On the day appointed for the hearing of the charge the Triers shall sign before the Archbishop the declaration contained in Schedule B.
- 262 11. The argument for the defence may be made either by the Respondent himself or by his agent or counsel, or partly by the Respondent and partly by his agent or counsel and such arguments may be written either wholly or in part. 12. Every witness shall, before he gives any evidence, make a solemn declaration that he will speak the truth, the whole truth, and nothing but the truth. All oral evidence given on the trial shall be reduced to writing, and the witness giving it shall be required to sign it. The Respondent if he demands it shall be examined as a witness. 13. If after the issue of a Citation under this Statute, it shall be made to appear to the Archbishop by the Church Advocate or the Respondent, that any person whose evidence is required is unable to attend as a witness upon the hearing of the charge, for reasons satisfactory to the Archbishop, the Archbishop may order the examination of any such person on a day to be named in such order before a Commissary appointed by him, and upon such examination the Respondent or his Agent or Counsel may cross examine such person, and the evidence taken shall be reduced to writing by the person taking the examination and signed by the witness, if he be able to sign, and returned certified by the Commissary without delay to the Archbishop, who shall upon demand of either party produce the same at the trial, and any evidence taken as aforesaid shall be admitted upon the trial of any charge. 14. If the Respondent shall after due citation, neglect or refuse to appear, the Tribunal may proceed, as if he were present, to enquire into and decide upon the articles of accusation. 15. If at any time after the charge has been made, or during the trial, the Respondent shall confess the truth of any charge or charges brought against him, it shall be lawful for the Archbishop to dispense with further evidence on the charge or charges so confessed, and thereupon proceed to sentence the Respondent as if he had been found guilty by the Triers. 16. If the offence charged against the Respondent be one of doctrine, or discipline involving a matter of doctrine, the verdict shall be a special verdict after the form in Schedule C. In other cases the verdict shall be one of guilty or not guilty, provided that no verdict shall be given in any case without the consent of a majority of five-sixths of the Triers. 17. If the verdict be one of guilty, or be a special verdict, or if at any time after the charge has been made the Respondent shall confess the truth of any charge brought against him, the Archbishop shall give notice to the said Respondent of the time and place when and where he will pronounce sentence, and shall in pursuance of such notice, and after having heard such observations as the Respondent may desire to offer in arrest of judgment or in mitigation of punishment, then and there proceed to pronounce sentence accordingly. 18. When articles of accusation are exhibited the Archbishop may suspend the Respondent from the exercise of his ministerial functions pending the trial, but the Respondent shall not before sentence to that effect be deprived of any emolument attached to his cure.
- 263 19. No accusation shall be entertained in respect of any offence committed more than one year before the accusation has been made to the Archbishop 1 except in respect of an accusation of an offence of conduct disgraceful in a member of the clergy and productive or likely to be productive of scandal or evil report. 20. Either party dissatisfied with the sentence of the Archbishopmay appeal to the Primate for review before the Committee of Appeals of the General Synod of Australia and Tasmania, notice thereof being given by the said party to the Archbishop within one month after the delivery of such sentence. 21. The Archbishopshall, if he thinks fit, require any person or persons making a charge under the provisions of this Statute to deposit a sum of money sufficient to pay the cost of the Committee of Preliminary Enquiry, and if such Committee report that there be no sufficient ground for instituting further proceedings, such sum so deposited shall be applied in payment of expenses; but if the Committee shall report that there are grounds for instituting further proceedings then the sum so deposited shall be returned to the person or persons making the charges, and the cost of such Committee, and of all subsequent proceedings, shall be defrayed in the manner hereinafter provided. In case of appeal the appellant shall on entering notice of appeal deposit such reasonable sum for costs as the Church Advocate may direct. 22. The costs of all proceedings under this Statute shall be charged on the Synod Expenses Fund. 23. It shall be competent for the Archbishop and the Church Advocate to make all such other rules as may from time to time be necessary for regulating proceedings in the hearing and determination of causes to be brought before them, and to alter and rescind the same. Provided that the same shall not be repugnant to any of the provisions of this Statute. All rules so made shall be laid before the Synod at the session next after the making of the same. 24. This Statute shall be known as the Clergy Discipline Statute. 1 Amended 1997
- 264 SCHEDULE A I (or We)... of do hereby charge the Revd N N of. that he has committed the ecclesiastical offence of the kind hereinafter set forth, that is to say, that he has been guilty of (here state the offence, with particulars of time and place, and names of witnesses intended to be brought forward) and I (or We) desire that your Lordship will forthwith cause an enquiry to be made into these charges, in which enquiry I (or We) engage to render every assistance. And I (or We) solemnly declare that I (or We) believe the charges laid to be substantially true. A B... C D... We being communicants of the Church of England, certify our belief that the parties bringing the above charges are worthy of credit. E F, communicant at GH, communicant at
- 265 SCHEDULE B I, A B, of hereby declare that I will well and truly try the several articles of accusation now to be exhibited, and that I will find according to the evidence to the best of my judgment and ability. As witness my hand this..day of.. A B... Witness: C D of... SCHEDULE C FORM OF SPECIAL VERDICT IN THE ARCHBISHOP'S COURT OF THE DIOCESE OF PERTH The Assessors of the trial of C D charged with having well and duly considered the evidence given before them do find that the said C D on or about did (stating particularly and clearly the facts as found).