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BALLARAT CITY PARISHES PROVISIONAL AMALGAMATION ACT 1999 (BALLARAT DIOCESE)

A BILL FOR AN ACT NO. 3, 1999

A Bill for an Act to provide for the provisional amalgamation of the parishes of St Paul’s, Ballarat, St Peter’s, Ballarat, and Christ Church Cathedral, Ballarat.

BALLARAT CITY PARISHES PROVISIONAL AMALGAMATION ACT 1999

Whereas the Parish Councils of St. Paul’s, Ballarat, and St. Peter’s, Ballarat, and the Cathedral Council of Christ Church Cathedral, Ballarat, have agreed that they should operate as a single combined parish for a trial period; and whereas the Pastoral Committee so recommended to the Council of the Diocese, and the Council of the Diocese accepted the recommendation by resolution at its meeting on 16 February 1999; and whereas it is necessary to provide by legislation for the creation and governance of the combined parish and for related matters:

Be it enacted by the Bishop the Clergy and the Laity of the Anglican Church of Australia in the Diocese of Ballarat duly met in Synod according to law as follows:-

1. This Act may be cited as the ‘Ballarat City Parishes Provisional Amalgamation Act 1999’.

2. The provisions of this Act shall apply notwithstanding the provisions of any other Act of Synod.

3. From a date to be named by the Bishop, the Parishes of St. Paul’s, Ballarat, and St. Peter’s, Ballarat, and Christ Church Cathedral shall for a trial period operate as a single combined parish in accordance with the provisions of this Act.

4. Until the Council of the Diocese otherwise determines, the combined parish will be known as ‘the Parish of Ballarat ’ (‘the Parish’).

5. (1) The present incumbents of St. Paul’s and St. Peter’s and any Dean to be appointed to Christ Church Cathedral and their successors shall with any assistant ministers of these churches constitute a collegiate ministry for the Parish under the leadership of the Dean.

(2) In the event of a vacancy occurring in the incumbency of either St Paul’s or St Peter’s, the Dean shall become a member of the Ministry Appointment Commission for the purposes of the filling of that vacancy, and his concurrence shall be required for the nomination by the Commission of any priest for the vacancy.

6. (1) There shall be a Provisional Council for the Parish.

(2) The Provisional Council shall comprise the Dean, the senior resident priests of St Paul’s and St Peter’s and fifteen lay members, being five members appointed by and from each of the Parish Councils of St. Paul’s and St. Peter’s and the Cathedral Council.

(3) The lay members of the Provisional Council shall hold office for one year, but shall be eligible for reappointment.

(4) The Provisional Council shall have such powers and responsibilities as may be delegated to it from time to time by the said Parish Councils and the Cathedral Council, which Councils are hereby authorised to make such delegations.

(5) The Dean shall be the Chairman of the Provisional Council, which may appoint from amongst its own members such other officers as it deems necessary or desirable, and which shall have authority to regulate its own business.

(6) Ten members of the Provisional Council shall constitute a quorum, provided at least two lay representatives of each of the parish Councils of St Paul’s and St Peter’s and the Cathedral Council are present.

(7) Subject to the provisions of this Act, the Parish Councils and other parochial structures of St. Paul’s and St. Peter’s and the Cathedral Council shall continue to function in accordance with the provisions of the Parochial Government Act 1991 (-1997), the Diocesan Centre Act 1989 (-1997) and other applicable diocesan legislation.

7. (1) The first line of Section 8 of the Diocesan Centre Act 1989 is amended by adding after the word ‘lay’ the expression ‘and (unless and until the Ballarat City Parishes Provisional Amalgamation Act 1999 expires or is repealed) residentiary and honorary’.

(2) The Diocesan Centre Act 1989 is further amended by adding the following paragraph to Section 8:

‘(e) Residentiary and Honorary Canons may be appointed pursuant to the Ballarat City Parishes Provisional Amalgamation Act 1999 and shall hold office unless and until that Act expires or is repealed.’

8. The Diocesan Centre Act 1989 is further amended by adding the following Section after Section 8:

‘The Cathedral Chapter

8A (1) There shall be a Chapter of Christ Church Cathedral (‘the Chapter’), the members of which shall be the Canons appointed under Section 8 of this Act and those appointed pursuant to the provisions of Sub-sections (2) and (3) of this Section together with the Chancellor of the Diocese.

(2) The senior resident priests of St. Paul’s, Ballarat, and St. Peter’s, Ballarat, shall be Residentiary Canons of Christ Church Cathedral with the designation of “Canon”.

(3) The Archdeacons of the Diocese shall be Honorary Clerical Canons of Christ Church Cathedral.

(4) The Chapter shall exercise a consultative role in relation to matters affecting Christ Church Cathedral.

(5) Meetings of the Chapter shall be convened by the Dean as and when required but not less than once a year, to receive a report from the Dean and to transact such business as may be appropriate.

(6) This Section shall cease to have any effect upon the expiry or repeal of the Ballarat City Parishes Provisional Amalgamation Act 1999.’

9. The Provisional Council and the Pastoral Committee shall each present a written review of the working of the Parish to the Council of the Diocese at least once a year.

10. This Act shall expire on 31 December 2002 unless earlier repealed.

I, Robin Gray Mitchell, Registrar, do certify that this Act was passed by the Synod of the Diocese of Ballarat on 15 MAY, 1999.

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I David, by God's Grace, Lord Bishop of Ballarat, assent to this Act.


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