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Legislation of the Anglican Church in Victoria

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CONTENTS OF PARISH ADMINISTRATION ACT 1984 (WANGARATTA DIOCESE)


Section Page
Preamble
Repeal 1 520
Short Title 2 520
Sections arranged in Parts 2 520
Definition (not Interpretation) 3 520

Part I. The Constitution of Parishes
Units of pastoral responsibility 4 521
Alteration of Parishes 5 521
Description of Boundaries etc to be filed in Registry 6 521
Inspection of any declaration 7 521
Declaration by Bishop to be conclusive 8 521

Part II. Parochial Districts
Approval, Alteration, and Revocation 9(1) 522
Relief from Act 9(2) 522

Part III. New Churches and Other Buildings
Procedures for new Church in new Parish 10 522
Consent of Bishop in Council required 11 522
Duties of Provisional Committee 12 522
Provisional Committee to be
Interim Parish Council 13 523
Committee to submit accounts 14 523
New buildings in existing Parish 15 523
Lands to be vested in the Trusts Corporation 16 523
Redundant Church Lands 17 523

Part IV. The Consecration of Churches
When a Church may be consecrated 18 524
Furniture etc to be provided before Consecration 19 524
Petition for Consecration 20 525

Part V. The Appointment of Clerks
Definition of Nominative Cure 21 525
Appointment when not a Nominative Cure 22 525
Election of Diocesan Nominators 23 525
Method of Election of Diocesan Nominators 24 526
Election of Parochial Nominators 25 526
Failure to elect Parochial Nominators 26 526
Qualification of Parochial Nominators 27 526
Vacation of Office 28 526
Vacancies : how filled 28A and 29 526
Meeting of Parishioners and procedures 29A 527
Procedure when vacancy in Nominative Cure occurs 30 527
Appointment of a woman priest 30A 527
Period during which Nominators shall hold office 31 528
Meetings of Board of Nominators 32 528

Section Page

Bishop : to institute 33(1) 528
to decline 33(2) 528
Statements at meetings to be confidential 34 529
When appointment shall lapse to the Bishop 35 528
Provisions affecting Cathedral parish 35A 529
During vacancy Bishop may appoint a clerk to perform
ecclesiastical duties 36 529
Clerk to take oaths etc 37 529
Institution effects vacancy of previous Cure 38 529
Disqualification of locum tenens for institution 39 529
Appointment of Incumbent for Parish of Wangaratta 40 529

Part VI. The Tenure of Cures
Application 41 529
Code of Ministerial Conduct 41A 529
Removal of Incumbent 42 530
Removal of other Clerks 43 531
Incumbency becomes vacant 43A 531
Stipend Continuance Insurance 43A 531
Suspension from duties 43AA 532
Synod to elect Tenure Board 44 534
Removal of Member by Synod 45 534
Vacation of Seat 46 534
Filling of vacancies 47 534
Bishop may attend Board, Chairman to be elected 48 534
Quorum 49 534
Adjournment and government of business 50 534
Bishop may summon Board 51 534
Suspension of Incumbent 51A 535
Notice to Members and Incumbent 52 536
Incumbent: right to be represented 53 536
Board may recommend resignation of Incumbent 54 536
Upon report Bishop may require resignation 55 536
Notice of requirement to be served 56 536
Bishop may remove on failure to resign 57 536
Effect of resignation or removal 58 537
Licences deemed subject to this part 59 537
Bishop's decision to be final 60 537
Clerk not ineligible for another Cure 61 537
Schedule 537

Part VII. Annual Leave and Absence
Annual Leave Entitlement, Temporary Absence 62 537
Disputes as to stipend 63 538




Section Page

Part VIII. Retirement of Clergy
Application 64 538
Retirement due to age or incapacity 65 538
When vacancy comes into effect 66 538

Part IX. Parish Council and Vestries

Division 1 General
Authority of Council 67 538
Authority of Vestry 68 538

Division 2 Constitution and Election of Councils
Composition of Council 69 538
Functions and duties of Council 70 539
Annual Meeting of Parishioners 71 540
Notice of Annual Meeting 72 540
Proceedings at Annual Meeting 73 541
Special or Extraordinary meeting 74 542
Nominations in writing 75 542
Appointments by Incumbent 76 542
Term of Office 77 542
Qualifications of Councillor 78 542
Declaration to be made 79 542
Absence without leave 80 543
Parishioner in one Parish only 81 543
Bishop in Council to settle disputes as to elections 82 543
Failure to hold Annual Meeting 83 543
Filling of Vacancies 84 543
Removal of Councillor from office 85 543

Division 3 Constitution and Election of Vestries
Composition of Vestry 86 544
Duties of Vestry 87 544
Annual Meetings of Congregations 88 544
Notice of Annual Meeting 89 545
Proceedings at Annual Meeting 90 545
Special or Extraordinary meeting 91 545
Nominations in writing 92 545
Appointment by Incumbent 93 545
One Churchwarden only 93A 546
Term of Office 94 546
Qualification of Churchwarden 95 546
Declaration to be made 96 546
Absence without leave 97 546
Parishioner in one Parish only 98 546
Bishop in Council to settle disputes as to Elections 99 546


Section Page

Failure to hold Annual Meeting 100 547
Filling of Elected Vacancy 101 547
Filling of Appointed Vacancy 102 547
Filling of Vacancy by Bishop 103 547
Removal of Churchwarden from office 104 547

Division 4 Rules for the Conduct of Parochial Meetings
Incumbent or Bishop to be Chairman 105 547
Chairman appointed by Incumbent or the Meeting 106 548
Convening Meetings 107 548
Quorum and Minutes 108 548
Proceedings not invalidated 109 548

Division 5 Rights Powers and Duties of Incumbents Councils and Vestries
Sub-division A Property
Right of Incumbent to access 110 548
Churches to be open daily 111 548
Provision of Rectory 112 548
Free use of Rectory-restrictions concerning 113 548
Vacant Rectory 114 549
Accommodation for Assistants 115 549
Restrictions on use of Church 116 549
Consent for use of Parochial Building 117 549
Forfeiture and Deprivation 118 549
Duties of Vestry 119 549
Duties of Council 120 549
Vestry not to alter, remove etc. 121 550
Council not to construct alter or remove, 121 550
Painting and decorating, Memorials 121 550
Insurances 122 550

Sub-division B Divine Service
Performance of Clerical Office 123 550
Duties of Churchwardens 124 551
Mode of Conduct 125 551

Sub-division C Lay Officers
Appointments by Incumbent 126 551
Appointments by Bishop 127 551

Sub-division D Finance
Oversight and Control by Council 128 551
Application of Funds by Vestry and by Council 129 551
Annual Statements 130 552
Consideration of Annual Statements 131 553


Section Page

Reference of Annual Statements back to Council or Vestry 132 553
Bank Accounts 133 553
Withdrawal of Monies from Bank 134 553
Credit Union or Building Society Accounts 134A 554
Parochial Year 135 554
Determination of Stipends 136 554
When Bishop may fix stipend 137 554
Sittings in church 138 554

Sub-division E Ministry Fund
Participation 139 555
Definitions 140 555
Payment into and from the Fund 141 555
Administration and Management 142 555
Requirements for and determination
of parish payments 143 555
Clergyman engaged on Diocesan duties 144 556
Records etc to be maintained and reported
annually to Synod 145 556
Power of Bishop in Council to
make Regulations 146 556

Sub-division F Records
Duty of Incumbent to keep Register 147 557
Duty of Incumbent and Parish Council to
furnish Returns 148 557
Incumbent to have custody of records etc and to
maintain inventory 149 557
Duty of Incumbent to maintain records
of Parishioners 150 557
Records of Parish open to inspection by
Archdeacon or Rural Dean 151 558
Duty to surrender records etc by Incumbent
on resignation etc 152 558
Power of Bishop in Council to make Regulations 153 558

Division 6 Miscellaneous Provisions
Accidental impediment misfeasance
or omission 154 558
Acts of Parish Council or Vestry
means majority of 155 558
State Aid Abolition Act 156 558
Date of Commencement of Act 157 559

Schedule A Acts Repealed 560


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