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Legislation of the Anglican Church in Victoria

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COUNCIL OF THE DIOCESE ACT 1988-1999 (BALLARAT DIOCESE)

No. 8
COUNCIL OF THE DIOCESE ACT 1988-1999

1. In matters pertaining to the temporal affairs of the Church the Bishop shall be assisted by a Council to be constituted as hereinafter mentioned And in all such matters he shall act with the consent of the said Council.

2. The Council of the Diocese shall consist of the Dean of Ballarat the Archdeacons of the Diocese the Chancellor of the Diocese the Official Principal the Advocate of the Diocese and twenty-four persons of whom one half being Clergymen and lay representatives in equal proportions shall be elected in manner hereinafter mentioned and on the names of the persons so elected being reported to the Synod the Bishop may at any time thereafter appoint as members of the Council as many persons as shall be equal to those elected by the Synod.

3. The Bishop shall lay upon the table of the Synod the names of members from time to time appointed by him as soon as practicable after appointment.

4. In the first Session of every Synod on a day to be named by the President the Synod shall elect from members thereof six Clergymen and six lay representatives to be members of the Council of the Diocese.

5. The Bishop may at pleasure remove any member appointed by him and appoint a member in his place or in the place of any such member dying or resigning.

6. Any elected member of the Council shall be removable by vote of the Synod.

7. Any vacancy occurring upon the removal death or resignation of any elected member of the Council may be filled at any time by the election of a member in his place so soon as an election can be held in manner aforesaid Provided that the Council may temporarily fill up any vacancy which may occur from members of the Synod and members of the Council so appointed shall hold office until the next session of Synod and no longer.

8. Subject to the foregoing provisions the present and future members of Council whether elected or appointed by the Bishop shall hold office until the election and appointment of their successors in a Synod subsequent to that in which they were elected or appointed.

9. No vacancy or vacancies in the Council by reason of failure to elect or appoint or for any other reason shall affect the validity of the proceedings of the members of the Council for the time being who shall be deemed to form a properly constituted Council under this Act.

10. The Council may be convened by the Bishop from time to time at his discretion.

11. One-fourth of the members of the Council not being members virtute officii shall form a quorum.

12. (1) The Council may delegate any portion of its powers to Committees either with or without an obligation to report to the Council but the powers so delegated shall be strictly defined and shall be revocable by the Council at pleasure.

(2) In the exercise of any powers vested in it by the Synod to manage and deal with the property of the Church, the Council may

(a) confer authority so to do upon a property and Finance Committee, and

(b) employ an agent or agents to act in such a capacity on such terms and conditions and in such manner as the Council shall determine.

13. (1) There shall be a Standing Committee of the Council.

(2) The membership of the Standing Committee shall be: the Bishop, the Archdeacons, the Chairman of the Property and Finance Committee of the Council, two additional clerical members and three additional lay members.

(3) The additional clerical and lay members referred to in the preceding subsection shall be elected by the Council from amongst its own members and shall hold office for the life of each Synod, any occasional vacancies being filled by the Council.

(4) The Registrar shall be the Secretary of the Standing Committee and at its meetings may speak but not vote.

(5) The functions of the Standing Committee shall be

(a) to deal with matters which in the opinion of the Standing Committee necessitate decision prior to the next scheduled meeting of the Council;

(b) subject to Section 12 of this Act, to deal with matters referred to the Standing Committee by the Council;

(c) to advise the Bishop on any matters referred to the Standing Committee by the Bishop.

(6) The Standing Committee shall be convened by the Bishop and shall meet as required.

(7) The Bishop shall be the chairman of the Standing Committee, or, in his absence and the absence of the Vicar-General, such member of the Standing Committee as elected by the Committee.

(8) The quorum at meetings of the Standing Committee shall be five.

(9) The Standing Committee shall keep minutes of its meetings and such minutes shall be presented regularly to the Council by way of report.

(10) Should on any occasion the Council by resolution to that effect express its disagreement with the opinion of the Standing Committee that a matter had necessitated action by the Standing Committee prior to the next scheduled meeting of the Council, it may declare the elected positions on the Standing Committee vacant and shall thereupon proceed forthwith to fill such vacancies.


14. The Bishop shall every year lay before the Synod in the first session of that year within one week after it has met a statement for the past year of all monies appropriated or expended and of all acts done during that year by him in Council.


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