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Legislation of the Anglican Church in Victoria |
(Replacing the Acts referred to in Schedule A of this
Act)
No. 2, 1984
AN ACT
TO AMEND AND CONSOLIDATE THE LAW RELATING TO THE
ADMINISTRATIONOF PARISHES THE APPOINTMENT RIGHTS POWERS AND DUTIES OF CLERGYAND
CHURCH
OFFICERS AND OTHER PURPOSES.
Amended: Act No. 4, 1985
No. 3, 1987
No. 4,
1988
No. 6, 1988
No. 1, 1991
No.10, 1992
No. 8, 1993
No.
6, 1994
No. 4, 1995
No. 3, 1996
No. 4, 1997
No. 7, 1998
No.
1, 1999
No. 2, 2001
No. 1, 2002
No. 5, 2003
No. 1, 2005
BE it enacted by the Bishop the Clergy and the Laity of the Anglican Church
of Australia within the Diocese of Wangaratta in Victoria
duly met in Synod
according to law as follows:-
1. The Acts mentioned in the Schedule hereto marked "A" shall be and the same are hereby repealed except as to any operation already effected by or act done under any enactment therein comprised or as to any right title or obligation or liability already acquired or accrued under any such enactment.
Short Title Amended:
Acts
No. 4,
1985
No. 3, 1987
No. 4, 1988
No. 6, 1988
No. 1,
1991
No. 10, 1992
No. 8, 1993
No. 6, 1994
No. 4,
1995
No. 3, 1996
No. 4, 1997
No. 7, 1998
No. 1,
1999
No. 2, 2001
No. 1, 2002
No. 5, 2003
No. 1,
2005
Sections arranged
In parts
2. This Act may be cited as "The
Parish Administration Act 1984-2005.
Its sections are arranged in Parts
as follows:-
Part I. The Constitution of Parishes.
Part
II. Parochial Districts
Part III. New Churches and other Buildings.
Part
IV. The Consecration of Churches.
Part V. The Appointment of
Clerks.
Part VI. The Tenure of Cures.
Part VII. Annual Leave and
Absence.
Part VIII. Retirement of Clergy.
Part IX. Parish Councils and
Vestries.
Schedule "A" Acts Repealed.
Definition
Amended:
Acts:
No. 4, 1988
No. 1, 1991
No. 4, 1995
3. (a) For the purposes of this Act save for parts V and VI hereof the word "Incumbent" where the context so admits shall include "the Priest in Charge".
(b) Unless otherwise determined by the Bishop-in-Council the provisions of this Act relating to Parishes shall apply equally to Parochial Districts
PART I. THE CONSTITUTION
OF PARISHES
Units of pastoral responsibility
4. For the purposes of this Act but subject to the provisions of Part II hereof the Diocese shall be divided into such units of pastoral responsibility as the Bishop-in-Council may declare which may consist of one or more worshipping congregations and each such unit shall be called a Parish.
A Parish shall mean a unit of pastoral responsibility now constituted a Parish or as the Bishop-in-Council may hereafter declare to be a Parish provided that no unit so described shall be declared a Parish unless it shall:
(a) possess at least one church building licensed for
Divine worship;
(b) possess a suitable residence with such amenities prescribed from time to time by the Bishop-in-Council for the use of the Incumbent;
(c) provide at least the amount of Stipend and Allowances as shall from time to time be determined by the Bishop-in-Council.
The official designation of each Parish shall be determined by the Bishop-in-Council.
Alteration of Parishes
Amended:
Acts No. 10, 1992
No. 3, 1995
5. It shall be lawful for the Bishop-in-Council from time to time to alter the official designation of any Parish or to unite parishes or parts of parishes or declare a Parish or part thereof to be a parochial district or to divide a Parish. Before any such alteration union declaration or division is made particulars thereof shall be forwarded to the Incumbent and Managing Body of such Parish or Parishes as may be concerned for their opinion and after consideration of such opinion and further evidence the Bishop-in-Council shall declare the new official designation of the Parish or Parishes as the case may be.
Description of boundaries etc. to be filed in
Registry
Amended:
Act No. 4, 1995
6. The Bishop shall by words of description with or without maps or plans declare in writing the boundaries and official designation of every Parish or parochial district and every such declaration shall be filed in the Registry and a copy of each such declaration duly certified by the Bishop shall be forwarded to the Managing Body of the Parish or parochial district concerned.
Inspection of any declaration
7. The Registrar shall allow any person to inspect any declaration as aforesaid filed pursuant to Section 6 hereof.
Declaration by Bishop
to be conclusive
8. Every filed declaration by the Bishop or certified copy thereof of the boundaries and official designation of any Parish whether such declaration be made in pursuance of this Act or of any preceding Act of Synod shall be conclusive evidence of such boundaries and official designation and every certified copy of any such declaration shall be prima-facie evidence of the matter therein contained.
PART II.
PAROCHIAL DISTRICTS
Approval, alteration and revocation
Amended:
Act no. 4, 1995
9. (1) The Bishop-in-Council is empowered to
(a) approve a proposal for the establishment of a Parochial District; or
(b) alter the details of any of the provisions constituting any Parochial District; or
(c) revoke any
established Parochial District
Provided that prior to the adoption of any such approval alteration or revocation the Bishop either alone or together with any member or members of the Bishop-in-Council appointed by him shall consult with the Council of any parish thereby affected.
(2) Should the Bishop-in-Council pursuant to its powers prescribed by Section 3 (b) hereof determine that nay of the provision of this Act shall not apply to any Parochial District it may prescribe rules and regulation in lieu thereof.
PART III. NEW CHURCHES AND
OTHER BUILDINGS
Procedures for
new church in
new parish
10. When it is proposed to acquire a site for the erection thereon of a Church Rectory or other building to be used for Church purposes in a Parish newly declared pursuant to Part I of this Act a meeting of the promoters of the undertaking shall be called by the Incumbent or if there be none such by the Archdeacon and at such meeting the Incumbent or his deputy or the Archdeacon shall preside and a Provisional Committee with a Secretary and Treasurer thereof shall be appointed and the said Provisional Committee shall take the necessary steps to obtain subject to the approval of the Bishop a suitable site and to raise money for the erection on such site of the proposed building and shall also take steps to have such site duly vested in the Trusts Corporation.
Consent of Bishop-in-Council required
11. The erection of any Church Rectory or other building to be used for Church purposes whether in a parish newly declared pursuant to Part I of this Act or otherwise shall not be begun nor shall any debt be incurred in respect of Church property without the consent of and the approval of plans by the Bishop-in-Council.
Duties of Provisional Committee
12. The Provisional Committee shall receive all moneys contributed towards the erection and completion of the Church Rectory or other building intended to be erected and shall duly expend the same in the erection and completion of such buildings respectively and in enclosing the same and in providing all things requisite for the celebration of Divine Service and the Administration of the Sacraments in the said Church and when the said Church or a sufficient portion thereof has been duly completed and furnished the said Provisional Committee shall as the case may then require apply to the Bishop for the consecration thereof or for his licence for the celebration of Divine Service and the Administration of the Sacraments therein. And no such Church shall be opened for such purposes (save for consecration) unless it shall have been duly licensed by the Bishop.
Provisional
committee to be interim Parish Council
13. The Provisional Committee shall have and may exercise with reference to the property in respect of which they are elected all the powers and shall perform all the duties conferred upon and required of Parish Councils and Vestries under the provisions of this Act until Parish Council and Vestry shall have been duly appointed.
Committee to submit accounts
14. Upon the appointment of Parish Council and Vestry the Provisional Committee shall submit an account of all moneys received and expended by them to a meeting of Parishioners called by the Incumbent or if there be none such by the Archdeacon for the purpose of receiving the same and shall hand over to the Parish Council the balance of all moneys in hand and all vouchers books and accounts connected therewith and thereupon the duties of the Provisional Committee shall cease and determine.
New buildings in existing Parish
15. The Parish Council of any Parish may subject to the approval of the Bishop-in-Council and to the conditions prescribed in this part for a Provisional Committee provide for the acquirement of additional sites and for the erection of additional Churches or other buildings on such additional land or on land already held and the affairs of any such additional Church shall be managed by the said Parish Council unless and until the Bishop-in-Council shall direct the election for it of a separate Vestry.
Lands to be
vested in Trusts Corporation
16. All lands acquired for Church purposes after the passing of this Act shall be vested in the Trusts Corporation.
Redundant Church
Lands
Amended:
Act No. 1, 1991
17. (1) In this section the word
"parish" shall include "parochial district"
(2) Church land shall not be sold other than any which in the opinion of the Bishop-in-Council after full enquiry particularly at the Parish level in each instance:
(a) has no possible foreseeable use to the Church and is in consequence deemed to be redundant; or
Amended:
Act No. 7, 1998
(b) is required to be sold -
(i) to purchase other land in
the same Parish: or
(ii) to construct a new building in the same Parish on land other than
that to be sold; or
(iii) to extend or extensively renovate an existing building in the same
Parish; or
(iv) to, in whole or in part, defray the cost of any such construction, extension or renovation provided that such work shall have been completed not more than eight years before the date when the land has been sold.
Inserted:
Act
No. 2, 2001
is not precluded from sale, or from the use of the proceeds of sale as
provided for in sub-section 2(b), by the terms of any specific
trust.
(3) Before the decision is made to sell any land in a Parish the Bishop-in-Council shall ascertain whether any Parish has any claim legal or otherwise to the whole of the proceeds from such sale.
Furniture etc to be provided before consecration
(4) The proceeds from the sale of land deemed to be redundant pursuant to the provisions of sub-section 2(a) hereof and not subject to a specific trust and not being proceeds to which the Bishop-in-Council acknowledges that a Parish has any claim shall be divided between the Diocese and the Parish in the proportions and for the purposes.
Amended:
Act No. 7,
1998
Petition for Consecration
(a) one third to a fund established for the purpose of Church extension and development within the Diocese and in this section referred to as "the Fund".
(b) two thirds to the parish for the purposes of capital development within the Parish.
Provided that if the Parish Council so elects and subject to the consent of the Bishop in Council such two thirds share or part thereof may be given to:
(a) Inserted:
Act No. 2, 2001
the Diocese for such purpose as the Bishop in Council may determine; or
(b) any other Parish within the Diocese for the purposes of capital development within that Parish.
Amended:
Act No. 7, 1998
Act No. 2, 2001
(5) Where it has been acknowledged that the Parish has a claim under subsection (3) hereof except where the proceeds are used by the Parish pursuant to Subsection (2) (b) (iv) here of the use by that Parish of these proceeds or of a share thereof which by that subsection it is entitled, shall be limited to any present or future project within the Parish of a capital developmental nature unless a specific trust otherwise prescribes.
(6) Any interest accruing to the Fund may be capitalised to the Fund.
(7) Any payment from the Fund may in the discretion of the Bishop-in-Council be by way of direct grant or by way of a loan repayable over a period of years with or without interest.
PART IV. THE
CONSECRATION OF CHURCHES
When a church may be consecrated
18. When there shall have been provided a sufficient Church upon a site approved by the Bishop and vested in the Trusts Corporation and when such Church shall have been duly furnished for the decent performance of Divine Service and the Administration of the Sacraments the Bishop may upon the petition hereinafter mentioned proceed to consecrate such Church.
19. A
Church shall not be deemed to be duly furnished unless it contains:-
(1) a suitable Holy Table with books linen and vessels for Holy Communion.
(2) a Font.
(3) a reading
desk.
(4) proper accommodation for a congregation.
(5) the Holy Bible.
(6) the Book of Common Prayer and An Australian Prayer Book.
(7) books for registration and record and a fireproof lockable receptacle.
Petition for Consecration
20. Every petition for the Consecration of a Church shall be signed by the Incumbent if any and the Members or a majority of them of the Provisional Committee or of the Parish Council as the case may be of such Church with a certificate in writing signed by them that no money is due to or is claimed by any person in respect of such Church.
PART V. THE
APPOINTMENT OF CLERKS
Definition of Nominative Cure
Amended:
Act
No. 4, 1995
21. A Parish may be deemed a Nominative Cure where:-
(a) it pays without any reduction or subsidy to the Bishop’s Registry
(i) for the Ministry Fund of the amount determined pursuant to sub-section (b) of Section 143 of this Act the part of the cost of the ministry for the parish as applies to the incumbent;
and
(ii) for its share of insurance the monies required to be paid pursuant to Section 122 of this Act;
and
(iii) for the Diocesan Assessment the monies required to be paid pursuant to The Diocesan Assessment Act 1982
by such instalments and in such manner as shall be advised to the Parish by the Registrar of the Diocese;
and
(b) it makes its due and regular contribution to the Mission of the Church.
If any question shall arise at any time as to whether any Cure is a Nominative Cure or not the same shall be referred to the Bishop-in-Council the decision of which shall be final and conclusive.
Appointment when not
a nominative cure
Amended:
Act No. 4, 1995
22. In every other case the right and power to make an appointment to a vacant cure shall be and is hereby vested entirely in the Bishop who shall nevertheless before making the appointment ensure compliance with the provisions of Section 29A of this Act and consult with representatives elected for this purpose according to the procedures for electing Parochial nominators.
Election of Diocesan Nominators
23. There shall be Diocesan Nominators to be elected as hereinafter provided for the nomination of Clerks in Full Orders for institution and induction to vacant Nominative Cures.
Method of Election of Parochial
Nominators
Amended:
Act No. 6, 1994
Act No. 4, 1995
24. Every Synod in its first session shall on a day to be named by the President elect by ballot three members thereof who are clerks duly licensed in the Diocese to be the Committee of Nominators for the Diocese.
It shall also elect in like manner three such members whose names shall form a supplemental list from which vacancies caused by death resignation or removal from the Diocese may be filled as the Bishop-in-Council may direct or from which a substitute may be summoned to any meeting at which one of the original members is unable to attend.
Election of Parochial
Nominators
Amended:
Act No. 1, 1991
Act No. 4, 1995
25. The Parishioners at the Annual Meeting of the Parish shall elect three Parochial Nominators and not more than three Supplementary Nominators and the Chairman of the meeting shall forthwith report the result of such election to the Registrar.
For the election of the supplementary nominators nominations shall be received and an election held separate from the nominations to be received and an election to be held for those to be elected as primary nominators. The names of the supplementary nominators shall be recorded on a supplementary list in the order according to the number of votes each received on election or if no election the order shall be determined by lot.
Failure to elect Parochial Nominators
26. If no such election be made or no such report thereon be made to the Registrar by the Thirtieth day of April in each year the Bishop-in-Council may appoint the due number of Parishioners as such Nominators.
Qualification of Parochial
Nominators
Amended:
Act No. 4, 1995
27. Every Parochial Nominator and Supplementary Nominator shall be a Parishioner eligible to be elected a member of Synod. Before acting as Parochial Nominator every person elected as such shall sign and deliver ot the Bishop a declaration in writing in the form prescribed by Section 22 of the Synod Act 1904-1995.
Vacation of Office
28. The office of any Parochial Nominator and Supplementary Nominator shall be vacated by death resignation or may be declared vacant by the Bishop-in-Council for failure to hold the necessary qualifications.
Vacancies:
How Filled
Inserted:
Act No. 1, 1991
28A. The office of a member of the Committee of Nominators or of any Parochial Nominator becomes vacant or a member of the Committee of Nominators or a Parochial Nominator be unable to attend a meeting of the Board of Nominators as defined in Section 30 hereof to determine who of the supplementary nominators is to fill the vacancy or attend the meeting as the case may be the name shall be the one in accordance with the recorded and published order of the names on the supplementary list.
Procedures on vacancy of if there be no
supplementary
Amended:
Act No. 1, 2003
29. If the office of any Parochial Nominator becomes vacant during his term of office and there shall be no Supplementary Nominator to take his place the Parishioners shall at a special meting called for that purpose elect some person qualified as aforesaid to fill th4e vacancy and the Secretary of the parish Council shall forthwith report the result of such election to the Registrar.
If no such election and no such report thereon be made within two months from the date of such vacancy then the bishop in Council may appoint some qualified Parishioner to fill such vacancy.
Every person so elected or appointed shall hold office for the remainder of the term for which his predecessor had been elected or appointed.
Meeting of Parishioners and procedures inserted:
Act
No. 4, 1995
29A When a vacancy shall occur in any Cure or if the Bishop see fit when notice is received by him of any impending vacancy in any Cure, prior to the commencement of the procedures provided for in Sections 22 and 30 of this Act, a meeting of parishioners of the parish shall be held within thirty days of the vacancy or of the notice to the Bishop of the impending vacancy as the case may be and shall be chaired by the Archdeacon of the archdeaconry in which the parish is situate or where the Archdeacon is unwilling or unable for whichever reason of so acting by a person nominated by the Bishop.
The said meeting shall be deemed to be an extra-ordinary meeting of parishioners pursuant to Section 74 of this Act save that it shall be chaired as aforesaid.
The purpose of the meeting is to give the parishioners of that parish the opportunity of consulting together to arrive at
(a) a
consensus as to the present state of the parish;
(b) a vision as to the future ministry of the parish
and of preparing a profile for a priest who might be seen to fulfil the needs of the mission of God in the parish.
The Chairman of the meeting shall give a report of the result thereof to the Bishop within seven days of the meeting.
Procedure when
vacancy in Nominative Cure occurs.
Amended:
Act No. 4, 1995
30. When a vacancy shall occur in any Nominative Cure the Committee of Nominators for the Diocese together with the Parochial Nominators for the Cure so vacant shall be a Board of Nominators which shall meet within fourteen days of the Bishop receiving the report of the meeting given pursuant to Section 29A of this Act or of the vacancy whichever date is the later presided over ex-officio by the Bishop if present who shall not have a deliberative vote but in case the vote be equal shall have a casting vote.
The quorum of the Board shall be four two clerical and two lay representatives.
The Bishop shall summon the Board by notice in writing to its members detailing therein the time and place of the meeting thereof; a copy of the report of the said meeting shall be attached to the notice and the mode of procedure shall be determined by the Board but subject to the provisions of Section 32.
A Cure shall be deemed to be vacated by death deprivation or removal by lawful authority or when the resignation of the Clerk holding the Cure has been accepted by the Bishop.
Appointment of a woman priest
Inserted:
Act No. 1,
2005
30A In consequence of the provisions of Part II of the Auxiliary Bishop (Arrangements) Act 2004 where the Parish is one to which an appointed priest or priest in charge may be a woman:
(1) the Bishop on summonsing the Board of Nominators to meet to fill the
vacancy in that Parish shall invite, by notice in writing, detailing the
date, time and place, the auxiliary bishop to attend the meeting of the
Board whereat the auxiliary bishop may speak but shall not be eligible
to vote; and
(2) the Bishop shall not appoint a priest who is a woman as incumbent or priest in charge of that parish in contravention of the provisions of Section 6 of the Auxiliary Bishop (Arrangements) Act 2004.
If and when the Diocese by ordinance adopts the Law of the Church of England Clarification Canon 1992 of the General Synod the provisions of this Section shall cease to be in force.
Period during which Nominators shall hold Office
31. Diocesan and Parochial Nominators shall hold office from the date of their election until the election of their successors Provided that they shall continue in office for the purpose of completing a nomination to a Cure vacant at the time of such election until it be filled.
Meetings
of Board of Nominators
Amended:
Act No. 4, 1995
32. The Board of
Nominators when summoned by the Bishop shall first meet
in conference for
the purpose of:
(a) determining its mode of
procedure
(b) discussing the report of the said parish
meeting
(c) discussing the plan and amenities of the
Rectory
(d) determining the stipend and allowances to be
offered
(e) listing the candidates for election.
It shall then adjourn for such period as it may deem desirable and on reassembling may further adjourn or may proceed to election.
The Board having reassembled after adjournment shall elect a Clerk in full Orders and otherwise fitted to undertake the Cure and shall nominate him to the Bishop. Alternatively the Board may submit to the Bishop the names of two Clerks with a statement of its order of preference.
If in the absence of the Bishop the votes on any nomination or question shall be equal the Board shall report the matter to the Bishop and leave the decision on such nomination or question to him but the Bishop in his discretion may instead of deciding refer the matter back to a further meeting of the Board.
Procedure if
one clerk only
nominated
Amended:
Act No. 4, 1995
Bishop:
To institute and
admit
33. (1) If only one Clerk be nominated to the Bishop and the Bishop be satisfied of his fitness he shall within seven days of such nomination communicate to the Nominee in writing offering him the Cure and stating the conditions of the appointment. If such Clerk be willing to accept the appointment the Bishop shall as soon as practicable institute to the Cure the Clerk so nominated who shall thereupon be inducted into possession of the benefice.
The decision of the nominee shall be communicated to the members of the Board within seven days of its receipt by the Bishop.
Procedure if two clerks nominated
(2) If the names of two Clerks are submitted to the Bishop by the Board of Nominators with a statement of its order of preference the Clerks named shall in the order so given be deemed to be nominated within the meaning of subsection (1) hereof.
Bishop may declare first
nomination
If the Bishop shall decline to accept the first nomination submitted by the Board or if such Clerk shall not be willing to accept such appointment the Clerk whose name stands second in such order shall be deemed to be the Clerk nominated as aforesaid.
Statements at Meetings to be
confidential
34. Every statement made at a meeting of a Board of Nominators shall be deemed to be made in confidence and any member of such Board who shall to the satisfaction of the Bishop be proved to have divulged any such statement shall ipso facto cease to be a member of that Board.
35. When after the occurrence of a vacancy in a Nominative Cure no nomination shall have been made to the Bishop within five months of the first meeting of the Board of Nominators the appointment shall lapse to the Bishop.
35A. The provisions of Sections 29A, 30, 32, 33 and 35 shall apply to the filling of a vacancy to the incumbency of the Parish of the Holy Trinity Wangaratta only to the extent that they are compatible with the provisions of The Cathedral Act.
When appointment shall lapse to the
Bishop
Special provisions affecting the
Cathedral Parish
Inserted:
Act No. 2, 2005
During vacancy bishop may
appoint a locum tenens
Amended:
Act No. 4, 1995
36. When a Cure shall be vacant or the Incumbent thereof under suspension the Bishop may appoint a Clerk to perform the ecclesiastical duties thereof during the time of such vacancy or suspension and such Clerk shall during the time of his appointment be entitled to all the emoluments and advantages appertaining to the Cure as if he were the Clerk instituted thereto.
Clerk to take Oaths
Amended:
Act No. 4, 1995
37. Every Clerk appointed to a Cure shall before he be instituted thereto take the oaths and make the declaration and subscription required by law and by the practice of The Anglican Church of Australia to be made taken and subscribed by a Clerk instituted to a Cure of souls.
Institution effects vacancy of previous Cure
Amended:
Act
No. 4, 1995
38. Every institution shall have the effect of vacating any Cure previously held by the Clerk so instituted.
Disqualification of locum
tenens for appointment
39. No Clerk licensed by the Bishop as locum tenens of a parish shall be capable of being instituted as Incumbent of that parish unless his appointment as locum tenens was terminated more than twelve months prior to the date of his nomination to the Cure.
Appointment of Incumbent for
Parish of Wangaratta
Amended:
No. 4, 1995
40. Notwithstanding anything contained in this Act the provisions hereof shall apply to the appointment of an Incumbent for the Parish of Wangaratta only insofar as they are consistent with provisions of the Cathedral Act 1972.
PART VI. THE TENURE OF
CURES
Application
Code of ministerial
conduct
Inserted:
Act No. 1, 2005
41. The provisions of this Part shall apply to all Incumbents and Clerks heretofore or hereafter to be inducted instituted collated licensed or appointed to any Parish benefice charge Cure curacy or ecclesiastical office in the Diocese.
41A. The Synod of the Diocese may by resolution adopt a code of ministerial conduct which shall be deemed to regulate the conduct of all incumbents and Clerks inducted instituted collated licensed or appointed to any Parish benefice charge Cure curacy or ecclesiastical office in the Diocese after the date of the resolution of the Synod.
42. (1) The Bishop, by written direction, may remove an incumbent of a
Parish:
(a) if the Bishop is satisfied that the incumbent has breached any code of ministerial conduct adopted by resolution of the Synod of the Diocese;
(b) following conviction by a competent tribunal of an offence legally sufficient to justify removal; or
(c) otherwise in accordance with this Part.
(2) In order for the Bishop to remove an incumbent of a Parish under subsection (1)(a) the following must firstly occur:
Removal of Incumbent
Amended:
Act No. 1, 2005
(a) the Bishop must be of the view that the incumbent has
breached the code of ministerial conduct or the Bishop has received a complaint in writing from either the Archdeacon in whose jurisdiction the Parish concerned is situated or from any five parishioners of the Parish concerned that the incumbent has breached the code of ministerial conduct; and
(b) the Bishop must advise the incumbent of his view that the incumbent has breached the code of ministerial conduct and the details of that breach or provide the incumbent with copies of the written complaint: and
(c) the Bishop must within seven days from receipt of any complaint in writing call together a Pastoral Review Committee consisting of three people for the purpose of investigating the complaint which Committee shall consist of at least one lay person and one member of the clergy and none of whom shall be a parishioner of the Parish concerned nor the Archdeacon in whose jurisdiction the Parish concerned is situated; and
(d) the Pastoral Review Committee must investigate the complaint, including interviewing the complainant or complainants and the incumbent and at its discretion may interview such other persons as the incumbent and the complainant or complainants may advise and must report in writing to the Bishop within twenty eight days from the date of the appointment as to whether the Committee is of the view that the incumbent has breached the code of ministerial conduct; and
(e) the Bishop must give a copy of the report of the Pastoral Review Committee to the incumbent within three days of its receipt by him.
(3) If after considering the report of the Pastoral Review Committee the Bishop is of the view that the incumbent has breached the code of ministerial conduct he may give the incumbent notice in writing that within twentyeight days he intends to remove the incumbent pursuant to subsection (1)(a).
(4) The incumbent shall have the right within the period of twentyeight days referred to in subsection (3) to refer the matter to the Tenure Board for consideration which Board shall meet to consider whether the investigation of the Pastoral Review Committee and its report justifies a conclusion that the incumbent had breached the code of ministerial conduct and otherwise the Tenure Board shall meet in accordance with the provisions of this Part.
(5) Where the Tenure Board reports to the Bishop that it is of the view that the complaint that the incumbent has breached the code of ministerial conduct is justified the Bishop may immediately remove the incumbent pursuant to subsection (1).
(6) The removal of the incumbent takes effect when the written direction referred to in subsection (1) is made.
(7) The complainant or complainants shall be advised when the matter has been concluded of the actions taken in relation to the incumbent.
(8) A notice under subsection (3) may be given to the incumbent :
(a) in person; or
(b) by sending it by registered post to the
incumbent at his address last known to
the Registrar
of the Diocese.
(9) A notice under subsection (3) is taken to have been given to an
incumbent of a Parish :
(a) in the case of delivery in
person - at the time of delivery;
(b) in the case of posting - 2 business days after the day on which the document was posted.
(10) In this Section :
“business day” means a day other than –
(a) a Saturday or Sunday; or
(b) public holiday in the place
to where the notice is sent or
delivered.
(11) The provisions of subsection (1) (a) shall apply to an incumbent inducted into a Parish prior to the commencement of this Section as well as an incumbent inducted into a parish after the commencement of this section.
Removal of
other Clerks
43. Every other Clerk shall hold his parish benefice charge Cure curacy or office at the pleasure of the Bishop and be removable therefrom on three months' notice in writing of the Bishop's intention to remove him.
When an Incumbency becomes
vacant
Inserted:
No. 5, 2003
Amended:
Act No. 1, 2005
43A (1) The incumbency of a priest inducted to a parish shall become vacant
upon:
(a) the priest’s institution as incumbent to another parish or institution or appointment to some other stipendiary priestly office which in the opinion of the Bishop is inconsistent with his incumbency; or
(b) the Bishop exercising his discretion to retire the priest on his attainment of the age of sixty-five years; or
(c) the priest being removed, in the terms of Section 42 hereof; or
(d) the recommendation by a Diocesan Tribunal constituted under the Diocesan Tribunal Act 1993 of
(i) expulsion from the office of incumbent; or (ii) deprivation of rights and emoluments appertaining to the office of incumbent; or (iii) deposition from Holy Orders; or
(e) the Bishop, in the terms of Section 43 hereof, removing him; or
(f) the priest resigning from the
incumbency; or
(g) the priest becoming entitled to stipend continuance payments as a result of the acceptance of a claim under an approved stipend continuance policy.
(2) In this Section -
Stipend Continuance I Inserted:
No.
5, 2003
“approved stipend continuance policy” means the insurance policy, or a class of insurance policy, approved for the purposes of this section by the Bishop in Council for the time being that which, as required by Section 4 of The Insurance Act 1995-2003, provides for stipend continuance payments;
“stipend continuance payments” means payments under an insurance policy, or class of insurance policy, to a priest, during the temporary disability of the priest being payments in lieu of stipend at a rate not less than 150% of the stipend of the priest.
Suspension
from duties of office when charge promoted
Inserted:
No. 1, 2005
43AA (1) Where a charge has been promoted before a Diocesan Tribunal
constituted under the Diocesan Tribunal Act 1993-1998 against any person licensed by the Bishop, the Bishop with the concurrence with the Bishop in Council may suspend such person from the duties of his office until the determination of the charge or for some lesser time, and may make such arrangements for the performance of the duties of the office as may be authorised by any Act of Synod or in the absence of such Act as the Bishop may deem proper.
(2) The Bishop may suspend a person licensed by him or any
other
person in holy orders resident in the Diocese (“the person to
be
suspended”) from the duties of his office where –
(a) the Bishop or some other person or persons pursuant to Section 11 of the Diocesan Tribunal Act 1995-1998 intends to promote a charge against the person (other than a charge alleging breach of faith, ritual or ceremonial); and
(b) the charge relates to an offence against a law of the
Commonwealth of Australia or of a State or Territory therein
that is punishable by a penalty of at least 12 months’ imprisonment or more where :
(i) the trial of
the offence of the person to be suspended
is pending in a court of
competent jurisdiction; or
(ii) the person to be suspended has been convicted of the
offence by a court of competent jurisdiction; or
(iii) the Bishop has received a report in writing from a lay
person qualified to be a member of the Appellate
Tribunal stating that there is a prima facie case that
the person to be suspended has committed the
offence.
(3) Suspension under subsection (2) must be by notice in writing signed by the Bishop, served on the person to be suspended, stating –
(a) the intention of the Bishop or any other authorised person
to promote the charge;
(b) the conduct complained of; and
(c) the period of suspension.
(4) The period of suspension is not to exceed 28 days from the date of
service of the notice referred to in subsection (3).
(5) Where -
(a) a person has been suspended under subsection (2);
(b) the period of suspension has expired; and
(c) a charge has not been promoted during the period of
suspension,
it shall not be open to the Bishop to suspend the person further in
relation to the conduct specified in the notice referred to in
subsection (3).
(6) If during the period of suspension referred to in subsection (2) the Bishop or other authorised person or persons promotes the charge the suspension of the person shall continue until the first meeting of the Bishop in Council and thereafter with the concurrence of the Bishop in Council.
(7) The Bishop may revoke the suspension of a person suspended by him
under this Section and may do so at any time during the period of
suspension.
(8) Suspension of a person from the duties of office under this Section
does not deprive that person of the emoluments appertaining to that
office.
(9) A notice under subsection (2)(a) may be given to the person to be
suspended:
(a) in person; or
(b) by sending it by registered post to that person at his address
last known to the Registrar of the Diocese.
(10) A notice under subsection (2)(a) is taken to have been given to the
person to be suspended
(a) in the case of delivery in person - at the time of delivery;
(b) in the case of posting - 2 business days after the day on
which the document was posted.
(11) In this Section :
“business day” means a day other than -
(a) a Saturday or Sunday; or
(b) a public holiday in the place to where the notice is sent or
delivered.
Synod to elect
Tenure Board
Amended: Acts
No. 6,
1994
No. 4, 1995
44. Every Synod in its first session shall elect two Clerks of not less than five years standing and licensed in the Diocese and two Lay Members of Synod to constitute a Board to be known as the Tenure Board and who shall hold office until the election of their successors in a subsequent Synod. It shall also elect two such Clerks and two Lay Members whose names shall form a supplemental List from which vacancies on the Tenure Board which may occur by death removal by Synod resignation removal from the Diocese inability to attend or otherwise shall be filled and any vacancies so occurring shall be filled from the supplemental list in order in which the names of the persons elected thereto appear on such supplemental list.
Removal of Member
by Synod Vacation of Seat
Disqualification
45. Any Member of the Board may be removed by Synod and on such removal his seat shall be vacated and no Lay Member of the Board shall sit at any meeting of the Board at which the tenure of the Incumbent of the Parish of which such Lay Member is a Parishioner is under consideration.
Vacation of Seat
46. The seat of any Member resigning in writing refusing to act or removing from the Diocese shall be deemed to be thereby vacated.
Filling of Vacancies
Amended:
Acts No. 8,
1993
No. 4, 1995
47. In the event of any vacancy occurring in the Board not filled from the Supplemental list, or in the Supplemental list the vacancy so occurring shall be filled according to the provisions of Section 7A of The Regulation of Elections Act 1911-1995; any person so elected for the Supplemental list shall be placed lowest on that list.
48. The Bishop shall be entitled to be present at all meetings of the Board but shall have no vote either deliberative or casting. And the Board shall from time to time appoint one of its members to be its Chairman. Such chairman shall have a deliberative but no casting vote.
49. Three members shall form a quorum of the Board.
Quorum
Bishop may
attend
Board
Chairman to
be elected
50. The Board may adjourn from time to time and may make rules for the government of its own business and proceedings.
Bishop may summon Board
51. Whenever in the opinion of the Bishop expressed in writing to the Members of the Tenure Board it is desirable to consider whether in the best interests of the Parishioners of any Parish the Incumbent thereof if he be of more than five years standing in Priest's Orders should be called upon to resign it shall be lawful for the Bishop to summon a meeting of the Tenure Board at such time and place as he shall think fit.
Suspension of
Incumbent
Inserted:
Act No. 1, 2005
51A (1) If the Bishop –
(a) has given an incumbent notice in writing of his intention to remove the incumbent pursuant to Section 42 (1) (a); or
(b) has summoned or proposes to summon a meeting of the Tenure Board in accordance with Section 51 and is satisfied that it is in the best interests of the Parish or of the incumbent of the Parish that the incumbent be suspended, -
the Bishop may, by notice in writing given to the incumbent, suspend the incumbent from the Parish, or from particular duties in the Parish.
(2) Suspension under subsection (1) must be by notice in writing
signed by the Bishop, served on the incumbent, stating :
(a) (i) the Bishop has given to the
incumbent notice in writing
pursuant to
Section 42(3); and/or
(ii) the Bishop has summoned or proposes to summon a
meeting of the Tenure Board; and
(b) the incumbent is suspended in accordance with
subsection (1).
(3) The suspension of an incumbent continues until –
(a) the Tenure Board advises it is not in the best interests of the
parishioners of the Parish or the incumbent thereof to be called
to resign; or
(b) the Bishop revokes the suspension; or
(c) the incumbent resigns; or
(d) the incumbent is removed from his cure by the Bishop in
accordance with this Part; or
(e) otherwise in accordance with subsection (4).
(4) Where the Bishop fails to summon a meeting of the Tenure Board in
respect of the incumbent the suspension of the incumbent ceases on the expiration of 28 days from the date of service of the notice referred to in subsection (2) on the incumbent.
(5) If the incumbent is suspended from his Parish, or from particular
duties in the Parish, the Bishop may appoint another clerk as locum
tenens in the Parish or to undertake particular duties in the
Parish.
(6) The cost of an appointment of another clerk under subsection (5) shall be met from funds made available by the Bishop in Council.
(7) The suspension of an incumbent from a Parish, or from particular
duties in a Parish –
(a) does not deprive that person of the emoluments appertaining to
his incumbency; and
(b) is not to be taken to adversely affect any decision or findings to be
taken by the Tenure Board regarding the incumbent.
(8) A notice under subsection (2) may be given to the incumbent :
(a) in person; or
(b) by sending it by registered post to the incumbent at his address
last known to the Registrar of the Diocese.
(9) A notice under subsection (2) is taken to have been given to an
incumbent of a Parish :
(a) in the case of delivery in person - at the time of delivery;
(b) in the case of posting - 2 business days after the day on
which the document was posted.
(10) In this Section :
“business day” means a day other than -
(a) a Saturday or Sunday; or
(b) a public holiday in the place to where the notice is sent or delivered.
Notice to members and Incumbent
52. Seven clear days notice in writing of every meeting of the Board shall be given or sent through the post to each member thereof and by registered letter to the Incumbent concerned. The notice to such Incumbent shall be in the form or to the effect set forth in the Schedule to this Part and it shall not be necessary to formulate or present any charge or accusation against such Incumbent.
Incumbent:
Right to be represented etc.
53. Such Incumbent shall have the right to be present and be represented at the hearing and shall be given reasonable opportunity to place any evidence he may desire to call or statement he may wish to make fully before the Board.
Board may recommend resignation of Incumbent
54. If three Members of the Board after having met pursuant to such summons as aforesaid shall be of opinion that it is necessary in the interests of the Parishioners of the Parish that such Incumbent should be called upon to resign they shall without it being necessary to formulate any charge report in writing under their hands such opinion to the Bishop.
Upon report Bishop may require
resignation
Notice of requirement to be served
55. Upon receiving any such report it shall be lawful for the Bishop if he shall see fit and without assigning any reason other than such report by writing under his hand to require the resignation of such Incumbent of and from every parish benefice charge Cure curacy or office held by him.
56. Such requirement in writing shall be served on such Incumbent by being delivered to him personally or sent through the post by registered letter addressed to him at his usual or last known place of abode.
Bishop may remove on failure to resign
57. If such Incumbent shall refuse or neglect to hand to the Bishop within three months from the service of such requirement on him such resignation in writing it shall be lawful for the Bishop summarily and without further notice by writing under his hand and his episcopal seal to remove such Incumbent from any and every parish benefice charge Cure curacy and office held by him and to cancel and withdraw every licence held by such Incumbent.
Effect of resignation or removal
58. A duplicate of the instrument of removal shall be served in the manner specified in Section 56 upon the Incumbent affected and every such resignation or the service of such duplicate instrument of removal shall ipso facto render vacant the parish benefice charge Cure curacy or office held by such Incumbent and such Incumbent shall forthwith without further demand or notice quit and deliver up possession of all lands buildings furniture books muniments records and vessels held occupied or used by him or of which he shall have the custody or possession under or by virtue of his licence or office and if he fail to do so shall be deemed a trespasser and may be proceeded against in the civil courts.
Licences deemed subject to this Part
59. Every licence heretofore or hereafter to be issued to any Clerk in respect of any parish benefice charge Cure curacy or office shall be deemed to be expressly subject to the provisions of this Part.
Bishop’s
decision to be final
60. Every decision and action by the Bishop under the provisions of this Part shall be final and conclusive.
Clerk not ineligible for
another Cure
61. Any Incumbent who shall resign or be removed under this Act shall not thereby be deemed ineligible for appointment to another Cure.
SCHEDULE
Schedule 52
To the
Reverend................................
Incumbent in the Parish of
.............................
I do hereby give you notice that in my opinion it is desirable to consider whether in the best interests of the Parishioners of the Parish of ................. you should be called upon to resign your Incumbency or Cure and I have therefore summoned a meeting of the Tenure Board appointed by the Synod under the provisions of the Parish Administration Act 19.. to be held at ....... on .............. the ................ day of ............. 19.. at ....... a.m.\p.m. to consider whether you should be called upon so to resign.
You will be entitled to be present and be represented at such meeting and to place fully before the Tenure Board any evidence you may desire to call or statement you may wish to make.
Dated the ......... day
of .............. 19.....
PART VII. ANNUAL LEAVE AND
ABSENCE
Annual leave entitlement
Temporary absence
62. An Incumbent shall be entitled to such annual leave as the Bishop-in-Council may from time to time determine. If the Incumbent is to be away from his Parish for a continuous period exceeding seventy two hours he is to inform his Archdeacon or Rural Dean and if his absence is to exceed twenty-four hours he is to notify a responsible officer of the Parish.
The annual leave to be taken by the Incumbent shall not exceed that to which he is entitled without the approval of the Bishop and only after suitable arrangements acceptable to the Bishop for the care of the Parish during his absence have been made. Except with the approval of the Bishop annual leave shall be taken when the entitlement for such leave accrues due.
Disputes as to stipend
63. Any dispute which may arise in relation to the payment of stipend during the period of such leave may be referred by the Parish Council or the Incumbent to the Bishop whose decision thereon shall be final and conclusive.
PART VIII. RETIREMENT OF
CLERGY
Application
64. This Part shall apply to every Clerk now or hereafter licensed appointed instituted or inducted to any benefice charge Cure of souls or office in the Diocese.
Retirement due to age or incapacity
65. (1) When any Clerk shall attain the age of sixty-five years it shall be lawful for the Bishop in his discretion upon proof to his satisfaction of such age to declare by writing under his hand and seal that such Clerk shall be retired.
(2) When any Clerk before attaining the age of sixty-five years shall become permanently incapacitated from performing his ministerial duty it shall be lawful for the Bishop in his discretion upon proof to his satisfaction of such incapacity to take such action as he considers appropriate but in accordance with the provisions of Part VI of this Act to effect the retirement of such Clerk.
When vacancy comes into effect
66. At the expiration of three calendar months from the date of such declaration the Cure of such Clerk and every other benefice and office held by him shall by virtue of such declaration become vacant.
PART IX.
PARISH COUNCIL AND VESTRIES
Division 1
General
Authority of Council
67. Each Parish shall have a Parish Council (hereinafter called "the Council") which shall have authority in any matters concerning the Parish except for those matters to which by the Act authority is given to a Vestry.
Authority of
Vestry
Inserted:
Act No. 2, 2001
68. Each worshipping congregation (hereinafter called "a congregation") in a Parish shall have a Vestry (hereinafter called "the Vestry") which shall have authority in the matters specified by this Act.
68A Notwithstanding the requirements of Part IX so far as it relates to worshipping congregations and vestries within a Parish the Bishop in Council at the request of a Parish Council may resolve in its sole discretion to determine that any one or more of these requirements may not be complied with or may be varied.
Division 2 Constitution and Election of
Councils
Composition
of Council
69. The Council shall
comprise
(a) The Incumbent
(b) one two or three representatives of
each Vestry; and
(c) four eight or twelve Councillors;
except in the case of the Parish of Wangaratta where the composition of the Council may be varied with the consent of the Bishop-in-Council.
Functions and
Duties of Council
70. (1) The functions of the Council shall
include:-
(a) promoting in the parish the whole mission of the Church;
(b) making due provision for and participating in appropriate pastoral ministries to be exercised within the Parish;
(c) exercising an oversight over and ultimate control of the disposition of any monies raised and received in the name of the Church in the Parish;
(d) promoting evangelistic ecumenical and special concerns of the Church;
(e) the consideration and discussion of matters concerning the religious or public interest; and
(f) promulgation throughout the Parish and execution of any enactment or resolution of Synod.
Amended:
Act
No. 8 1993
(2) It shall be the duty of the Council:
(a) to
elect a Secretary and a Treasurer.
(b) subject to the provisions of Section 136 of this Act to determine the stipend or salary of and the amount to be provided for the travelling for the Incumbent other clergy and parish assistants and officers.
(c) to meet the Diocesan Assessment as required by The Diocesan Assessment Act 1982.
(d) to provide
(i) an adequate residence for the Incumbent as required by Section 112
hereof; and
Amended :
Acts
No. 8, 1993
(ii) accommodation and amenities for its Stipendiary Assistant Priest
Deacon and Lay Assistant or an allowance in lieu as required
by Section 115
hereof
and to carry out care as required by Section 120 hereof and to pay the monies required by Section 122 hereof.
Act
No. 4, 1995
(e) to call for and receive nominations for Parochial Nominators and Supplementary Nominators.
(f) to consult together on matters of general concern and importance to the parish.
(g) to inform the Parish on a regular basis of the activities and decisions of the Council including but without limiting the generality of this requirement progress in and plans for the extension of the Gospel.
Inserted:
Act No. 1,
1991
(3) In the exercise of its functions the Council shall take into
consideration any expression of opinion by a general meeting
of parishioners.
(4) If any vestry shall fail to account to the Council in such manner and as and when required by the Council for all monies raised and received by it in the name of the Church its representatives on the Council until such failure is remedied may be permitted to take part in the deliberations but not to vote upon any matter deliberated and determined upon by the Council.
(5) The Council may alter from time to time the manner and the time when a Vestry shall account to it for all monies raised and received by it in the name of the Church.
(6) Any Secretary or Treasurer who is not a member of the Council shall have the right to be present and speak at meetings of the Council but shall not have the right to nominate vote or initiate any business.
(7) The Secretary
shall:
Inserted:
Act No. 1, 1991
(1) make a report to each annual
meeting of the Parish;
(2) take keep and maintain an accurate record of the minutes of all Parochial General and Council meetings and circulate the same to parishioners and members of Council as the case may be;
(3) assist the Rector in the preparation of an agenda for all Parochial General and Council meetings and circulate the same to parishioners and members of the Council as the case may be;
(4) bring all correspondence to the meetings of the Parish Council and deal with the same as directed; and
(5) file all correspondence and
answers thereto.
Annual Meeting of Parishioners
Amended:
Act No.
1, 1991
71. In every year on some day before the first day of April there shall be held in each Parish a meeting of parishioners (hereinafter called "the Parish Annual Meeting"). The Incumbent or a Chairman appointed by him shall be the
Chairman of the Annual Meeting Provided However if the Bishop be present at the Parish Annual Meeting he shall be Chairman ex officio thereof should he so elect. If none of the Bishop, the Incumbent or a Chairman appointed by him be present at the Annual Meeting the parishioners present at the meeting shall elect a Chairman. The Chairman shall have a right to vote on any resolution presented but shall not have an additional or casting vote.
Notice for Annual Meeting
72. The date time and place of holding the Parish Annual Meeting shall be determined by the Incumbent and shall be announced at least fourteen days previously by a notice in writing at the principal door of each Church in the Parish and notice of such meeting shall also be given during all Divine Services on two Sundays (or one if Divine Service be held less frequently than once a week) immediately preceding the same and every notice shall be in the form of the Schedule hereto.
SCHEDULE
Notice is hereby given that a meeting of Parishioners is intended to be held at ............... on ........... the ............ day of ........... 19.. at ..... a.m./p.m. for the purpose of electing Parish Councillors and Auditors and for other purposes of an Annual Meeting in accordance with the provisions of the Parish Administration Act 19..
Dated the ............. day of ............ 19..
Signature ................................................Incumbent.
Proceedings
at Annual Meeting
Amended:
Acts No. 4, 1985
No. 3, 1987
No. 1, 1991
No. 4, 1995
No. 4, 1997
73. At the Parish Annual Meeting after prayers and the reading and confirmation of the minutes of the preceding Annual Meeting the Parishioners present shall
(1) Receive and discuss a report of the Incumbent on the Pastoral Life of the Parish and the whole mission of the Church in the Parish.
(1)A Receive and discuss a report of the Secretary of the Parish Council on the work of the Council during the previous year.
Receive and discuss and if thought fit adopt the annual audited statements of account prepared as hereinafter provided in Section 130 hereof.
Inserted:
Act No. 1,
1999
(2)A Receive and discuss the budget of receipts and expenditure for the current financial year prepared pursuant to Sub-section (1)(v) of Section 130 of this Act.
(3) Receive and discuss such other reports as the Incumbent deems desirable.
Amended:
Act No. 2, 2001
(4) Determine the number of representatives of each Vestry of the Parish as Councillors pursuant to Section 69(b) of this Act.
(5) Determine the number of other Councillors to be appointed and
elected.
(6) Elect three fourths of the other
Councillors.
(7) Elect one or more persons to audit the annual statements of account for the current year.
(8) Elect the Parochial
Nominators and Supplementary Nominators.
(8)A Should the Parish Council have determined that the first option contained in Section 17 of The Synod Act 1904 - 1997 be adopted for the election of Lay Representatives and Lay Supplementary Representatives elect from the nominations received such representatives provided that the name of each Parishioner voting is recorded on the Parish record maintained pursuant to Section 150 of this Act.
(9) Determine the mode of election for the Parish's representatives to the Youth Synod of the Diocese.
(10) Consider and if thought fit resolve any matter of which at least seven days prior notice has been given to the Incumbent or the Secretary.
At the Parish Annual Meeting any matter of general interest to the Parish may be discussed. Notwithstanding this section before the close of any meeting the minutes thereof may be read and confirmed if the Meeting so desire.
Special or Extraordinary Meeting
Amended:
Act
No. 1, 1991
74. A special or extraordinary meeting of Parishioners may be called by the Incumbent or by the Council or on request of not less than ten Parishioners addressed to the Incumbent stating therein the purpose of the proposed meeting. The form of and proceedings for the calling of the same shall be as far as applicable the same as that for the Parish Annual Meeting.
Nominations in writing
Amended:
Acts No. 1,
1991
No. 4, 1995
75. Nominations for Councillors other than those who are representatives of the Vestries and for parochial nominators and supplementary parochial nominators shall be in writing signed by any two Parishioners as nominator and seconder signed by the nominee consenting thereto and delivered to the Incumbent or to the Secretary of the Council no later than seven days before the commencement of the Parish Annual Meeting at which the elections for which these nominators have been delivered will be made.
A notice detailing the nominations shall be posted on the Church door or notice board as and when each is received.
76. One fourth of the Councillors other than those who are representatives of the Vestries shall be appointed by the Incumbent at or within twenty-one days of the Parish Annual Meeting.
Appointment by
Incumbent
Term of Office
77. The term of office for Councillors and Auditors shall be from the date of their election or appointment until the election or appointment of their successors.
Qualifications for Councillor
78. No person shall be capable of being appointed or elected under this Act a Councillor unless he be a communicant of The Anglican Church of Australia and a Parishioner of at least one year's standing except with the permission of the Bishop.
Declaration to be made
Amended:
Acts No. 1, 1991
No. 4, 1995
No. 3, 1996
79. No Councillor shall perform the duties of his office until he shall have subscribed two copies of a declaration in the form set forth in the Schedule hereto.
In case he fails to do so within one month of his election or appointment his office may be declared vacant by the Council or by the Bishop-in-Council. One copy of such declaration shall be forwarded without delay to the Registrar by the Incumbent.
SCHEDULE
I the undersigned ........................... having been
elected/appointed a Councillor of the Parish of ............. do declare
that I
am only qualified for the office under the provisions of the Parish
Administration Act 19.. and that I will faithfully perform
all the duties of my
office and conform to Acts of Synod of the Diocese relating thereto.
Amended:
Acts No. 1, 1991
No. 4, 1995
No. 3,
1996
For reference during my term of office I have full access to a copy of
the said Act and of The Acts Interpretation Act 1991 - 1993.
Dated this
........... day of .......... 19..
Signature
..............................
Absence
without leave
80. In the event of any Councillor being absent without leave of the Council for three successive ordinary meetings of such Council which shall have been duly convened his office shall be declared vacant by the Council.
Parishioner in
one Parish only
81. No person shall have the privileges of a Parishioner in more than one Parish or in more than one Church in the same Parish or in more than one congregation in the same Parish.
Bishop in Council to settle disputes
as to elections
82. The Bishop-in-Council may settle and determine all doubts and disputes that may arise with reference to any elections of or transactions by Councillors and may make and alter rules not inconsistent with the provisions of this Act for the conducting of elections and the transactions of business as aforesaid and may also settle and determine all doubts and disputes with reference thereto. Any decision made hereunder by the Bishop-in-Council shall be final and conclusive.
Failure to hold Annual Meeting
83. In the case of failure to hold a Parish Annual Meeting or to elect or appoint Councillors or Auditors at the proper time and in the proper manner the Bishop may do all such things as he may deem necessary for holding such meeting or making such appointments and to that end may extend the time within which this Act directs the meeting to be held may declare any appointment to be valid notwithstanding any accidental or unavoidable misfeasance or omission may appoint a person other than the person herein named to conduct any election or may himself make such appointments. And in such case the number of Councillors shall be fixed by the Bishop within the aforesaid limits.
Filling of Vacancies
84. Any vacancy occurring
in the office of
(1) a representative of a Vestry as a Councillor may be filled by that Vestry;
(2) elective Councillor or Auditor before the Annual Meeting may be filled by the Council;
(3) appointed Councillor may be filled by the Incumbent;
(4) a Councillor however occasioned and not filled in accordance with the foregoing provisions of the Section within two months of the occurring thereof may be filled by the Bishop by writing under his hand.
Removal of Councillor
from Office
85. The Bishop may after due investigation if he sees fit by writing under his hand remove from his office any Councillor for any of the causes hereinafter mentioned that is to say:
(1) Sequestration of his estate as an insolvent.
(2) Commission of any offence punishable by law being sinful in itself.
(3) Alcoholism or sexual
immorality.
(4) Incapacity from mental or physical infirmity to perform the duties of his office.
(5) Refusing or neglecting to conform to any Act assented to by the Bishop as an Act of Synod.
(6) Conduct implying secession from The Anglican Church of Australia.
Division 3
Constitution and Election of Vestries
Composition
of
Vestry
86. The Vestry shall comprise:
(a) the Incumbent or at his discretion his Assistant Priest or with permission of the Bishop, a Deacon; and
(b) three
Churchwardens.
Duties of Vestry
Amended:
Act No. 1, 1991
Act
No. 8, 1993
87. It shall be the duty of the Vestry:
(a) to elect a Secretary and a Treasurer both of which offices may be held by one person and either of which offices may be held by a Churchwarden.
(b) to share with the Incumbent the pastoral oversight over and ministry to this congregation.
(c) to comply
with the provisions of Section 119 hereof.
(d) to consult together on matters of general concern and importance to its congregation;
(e) to appoint to
the Council its representatives;
(f) to give effect to the resolutions
of the Council;
(g) to account to the Council in such manner and as and when required by the Council for all monies raised and received by it in the name of the Church;
(h) to support the Council in the implementation of the other duties and functions of the Council as set out in Section 70 hereof.
(i) to ensure that an accurate record of minutes of all meetings of the Vestry is taken kept and maintained.
Annual Meetings
of Congregation
Amended:
Act No. 6, 1988
88. In every year on a date no longer than one month from the date when the Parish Annual Meeting is to be held there shall be held a meeting of Parishioners of each congregation in the Parish (hereinafter called "the Congregation's Annual Meeting"). The Incumbent or a Chairman appointed by him shall be the Chairman of the Congregation's Annual Meeting Provided However if the Bishop be present at the Annual Meeting he be Chairman ex officio thereof. If none of the Bishop the Incumbent or a Chairman appointed by him be present at the Congregations Annual Meeting the parishioners present at the meeting shall elect a Chairman. The Chairman shall have a right to vote on any resolution but shall not have an additional or casting vote.
Notice
of
Annual Meeting
Amended:
Act No. 1, 1991
89. The date time and place of each such meeting shall be determined by the Incumbent who shall announce the same to the congregation at the Divine Services of two consecutive Sundays immediately preceding the date of the proposed meeting and where there is no weekly service at the service preceding the date of the proposed meeting.
Proceedings at Annual
Meeting
Amended:
Acts No. 3, 1987
No. 1, 1991
No. 4, 1995
90. At each Congregation's Annual Meeting the Parishioners shall after prayers and the reading and confirmation of the minutes of the preceding annual meeting -
(1) Receive and discuss a report of the Incumbent on the Pastoral Life of the Congregation.
(2) Receive and discuss and if thought fit adopt any annual audited statements of account
Inserted
Act No. 1, 1999
(2)A Receive and discuss the budget of receipts and expenditure for the current financial year prepared pursuant to Sub-section (2)(i) or Section 130 of this Act.
(3) Receive and discuss such other reports as the Incumbent deems desirable.
(4) Elect two of the
Churchwardens.
(5) Elect one or more persons to audit any annual statements of account.
(6) Consider and if thought fit resolve any matter of which at least seven days prior notice has been given to the Incumbent or Secretary.
Amended:
Act No. 1, 2005
Consider and if thought fit resolve any matters which the Incumbent may bright forward or permit to be brought forward
and may appoint a committee without voting rights to assist the Vestry.
Special or Extraordinary Meeting
91. A special or extra-ordinary meeting of the Parishioners of a congregation may be called by the Incumbent or by the Vestry or on request of not less than five Parishioners addressed to the Incumbent stating therein the purpose of the proposed meeting. The form of and the proceedings for the calling of the same shall be as far as applicable the same as that for the Congregation's Annual Meeting.
Nominations
in writing
Amended:
Act No. 1,
1991
92. Nominations for Churchwardens shall be in writing signed by any two Parishioners as Nominator and Seconder signed by the Nominee consenting thereto delivered to the Incumbent or any member of the Vestry no later than seven days before the commencement of the Congregation's Annual Meeting at which the elections for which these nominations have been delivered will be made.
A notice detailing the nomination shall be posted on the Church door or notice board as and when each is received.
Appointment
by Incumbent
93. One of the Churchwardens shall be appointed by the Incumbent at or within twenty-one days after the Congregation's Annual Meeting.
One Churchwarden
only
Inserted:
Act No. 1, 1991
93A. Notwithstanding anything in this Division to the contrary where a congregation comprises less than fifteen parishioners the Annual General Meeting may determine that there be one Churchwarden only who shall be elected by that meeting.
Term of Office
94. The term or office for Churchwardens and Auditors shall be from the date of the election or appointment until the election or appointment of their successor.
Qualifications for Churchwarden
95. No person shall be capable of being appointed or elected a Churchwarden unless he be a communicant of The Anglican Church of Australia and a Parishioner of at least one year's standing.
Declaration
to be
made
96. No Churchwarden shall perform the duties of his office until he shall have subscribed two copies of a declaration in the form set forth in the Schedule hereto. In case he fails to do so within one month of his election or nomination his office shall be declared vacant by the Vestry. One copy of such declaration shall be forwarded without delay to the Registrar by the Incumbent.
SCHEDULE
Amendment:
Acts No. 4, 1995
No. 3, 1996
I the
undersigned .............. having been elected/appointed a Churchwarden of the
Church of .............. do declare that I am
duly qualified for the office
under the provisions of the Parish Administration Act 19.. and that I will
faithfully perform all the
duties of my office and conform to Acts of Synod of
the Diocese relating thereto. For reference during my term of office I have
full access to a copy of the said Act and of The Acts Interpretation Act
1991-1993.
Dated this ....... day of.......... 19..... Signature
.........................
Absence
without
leave
Amended:
Act No. 4, 1995
97. In the event of any Churchwarden being absent without leave of the Vestry from three successive ordinary meetings of such Vestry which shall have been duly convened the office of such Churchwarden shall be declared vacant by the Vestry.
Parishioner in
one Parish only
98. No person shall have the privileges of a Parishioner in more than one congregation of a Parish.
Bishop in Council to settle disputes as to elections
99. The Bishop-in-Council may settle and determine all doubts and disputes that may arise with reference to any elections or transactions by Churchwardens and may make and alter rules not inconsistent with the provisions of this Act for the conducting of elections and the transaction of business as aforesaid and may also settle and determine all doubts and disputes with reference thereto. Any decision made hereunder by the Bishop-in-Council shall be final and conclusive.
Failure to hold
Annual Meeting
100. In the case of failure to hold a Congregation's Annual Meeting or to elect or appoint Churchwardens or Auditors at the proper time and in the proper manner the Bishop may do all such things as he may deem necessary for holding such meeting or making such appointments and to that end may extend the time within which this Act directs the meeting to be held may declare any appointment to be valid notwithstanding any accidental or unavoidable misfeasance or omission may appoint a person other than the person herein named to conduct any election or may himself make such appointments.
Filling of elected
vacancy
Filling of appointed vacancy
101. Any vacancy occurring in the office of elective Churchwardens or Auditors before the Annual Meeting may be filled by the Vestry.
102. Any vacancy in the office of Churchwarden appointed by the Incumbent may be filled by him.
Filling of vacancy by Bishop
103. Any vacancy in the office of Churchwarden however occasioned and not filled in accordance with the foregoing sections of this Act within two months of the occurring thereof may be filled by the Bishop in writing under his hand.
Removal of Churchwarden from Office
Amended:
Act No. 4, 1995
104. The Bishop may after due investigation if he sees fit by writing under his hand remove from his office any Churchwarden for any of the causes hereinafter mentioned that is to say:
(1) Sequestration of his estate as an insolvent.
(2) Commission of any offence punishable by law being sinful in
itself.
(3) Alcoholism or sexual immorality.
(4) Incapacity from mental or physical infirmity to perform the duties of
his office.
(5) Refusing or neglecting to conform to any Acts assented to by the
Bishop as an Act of Synod.
(6) Conduct implying secession from The Anglican Church of
Australia.
Division 4 Rules for the
Conduct of Parochial Meetings
Incumbent or Bishop to be
chairman
105. The Incumbent shall by virtue of his office act as Chairman at all meetings of the Council and Vestries and except where otherwise directed by the Bishop at all meetings of Parishioners under this Act and shall have one vote only except in the case of an equality of votes at an election in which case he shall have a second or casting vote Provided That he may appoint a Chairman from among those present to act in his stead and Provided Further That if the Bishop be present at any such meeting he shall be the Chairman ex officio thereof.
Chairman appointed by Incumbent or
the meeting
106. The Incumbent may from time to time by writing under his hand appoint any other person to be Chairman in his absence of any meeting at which he is entitled to preside. But if neither the Incumbent nor any other person duly appointed by him to act in his stead be present the meeting shall elect a Chairman who shall have the right to vote but shall not have an additional or casting vote.
Convening Meetings
107. The first meeting of each Council and each Vestry after their respective
Annual Meeting shall be called by the Incumbent and subsequent meetings shall be convened at such times and places and in such manner as the Council and Vestry shall determine Provided That the Incumbent may call on seven days prior notice in writing a special meeting at any time and shall do so on the requisition of one-fourth of the Council and Vestry as the case may be.
Quorum and Minutes Amended:
Act No. 4,
1995
108. At all meetings of Councils and Vestries one-third of the whole
number of
members shall Constitute a quorum and there shall be kept accurate minutes of the proceedings and resolutions thereof provided that in the case of Vestries two Churchwardens be present except in the case of a Vestry having one Churchwarden only as provided by Section 93A hereof that Churchwarden be present.
Proceedings not invalidated
Proceedings not invalidated
109. No proceeding of a Council and Vestry shall be invalidated or illegal in consequence of there being any vacancy therein at the time of such proceeding whether arising from failure to elect or appoint the whole number of Councillors and Churchwardens or from any other cause.
Division 5 Rights Powers and Duties of Incumbents Councils and Vestries
Sub-division A Property
Right of Incumbent to access
110. The Incumbent shall have access at all times to every Church and other buildings used for parochial purposes in the Parish and may celebrate Divine Service administer the Sacraments and perform all other rites and ordinances of The Anglican Church of Australia without any hindrance from any person whomsoever except as hereinafter provided and the custody and disposal of the keys of every such Church and other buildings shall belong to the Incumbent and the respective Vestry and they shall have the right to give and allow access at all times thereto.
Churches to be open daily
111. The Incumbent shall ensure wherever practicable that the licensed Churches of the Parish are open daily.
Provision
of
Rectory
112. Each Parish shall provide for the Incumbent an adequate residence complete with at least such amenities and allowances as shall be determined from time to time by the Bishop-in-Council.
Free use of rectory -
restrictions concerning
113. The Incumbent may freely use and enjoy the Rectory and any land secured by deed to the use of the Incumbent Provided That he shall not without consent in writing of the Bishop and of the Council let or otherwise dispose of such Rectory nor shall he without the consent of the Bishop reside beyond the boundaries of his Parish.
Vacant rectory
114. With the consent of the Bishop-in-Council first had and obtained the Council may let a vacant Rectory.
Accommodation for
Assistants
Amended:
Act No. 4, 1985
115. The Parish shall provide its Assistant Priest Deacon and Stipendiary Lay Assistant either with such accommodation and amenities as shall be determined from time to time by the Bishop or with an allowance of such amount as shall be determined from time to time by Bishop-in-Council.
Restrictions on
use of Church
Amended:
Act No.
5, 2003
116. Unless the Church is the subject of a Scheme of Co-operation under the Shared Use of Church Property Act 2003 no Church whether consecrated or unconsecrated shall except with the authority in writing of the Bishop first had and obtained be used for any purpose other than the celebration of Divine Service and the administration of the Sacraments and performance of the rites and ordinances of The Anglican Church of Australia or for Religious Instruction and for such meetings as the Bishop shall approve.
Consent for use of Parochial
building
Amended:
Act No. 1, 1991
117. No meeting shall be held in any parochial building without the consent of the Incumbent or in the case of a vacancy in the Cure of the relevant Parish Council or Vestry as the case may be.
Forfeiture and
deprivation
118. In case an Incumbent shall be legally divested of his Cure he shall ipso facto forfeit and be absolutely deprived of all and singular his rights privileges and interest in or respecting every Church Rectory and other buildings and land connected with such Cure.
Duties of
Vestry
119. Each Vestry shall:
(1) Have the care of its Church its other buildings the grounds of the Church and other buildings all articles appertaining to celebration of Divine Service and all other of its parochial property for which it will make a half-yearly inspection thereof.
(2) Report half yearly to the Council of its half yearly inspection detailing all repairs or alterations required in the fabric fittings or furniture of the Church and other buildings.
(3) Ensure that everything in and about the Church and Church grounds is fit and in proper order for the performance of Divine Service.
120. The Council shall:
Duties
of Council
(1) Have the care of the Rectory the grounds thereof and the fabric and fittings of the Rectory for which it or a Sub-Committee thereof shall make a half yearly inspection thereof.
(2) Following each half yearly inspection attend to all repairs or alterations required in the building of the Rectory or of the fabric and fittings thereof.
121. Buildings,
fabric etc. of a Church and other buildings the fabric thereof
etc:
Vestry not to
alter remove etc.
Council not to constrict
alter
or remove
(1)(a) The Vestry shall not
(i) add to alter or remove its Church or its other buildings; or
(ii) add to alter or remove any part of the fabric or of the fittings or furniture of any such building
without the approval of the Incumbent to the plans therefor and the consent in writing of the Bishop to such plans and his faculty therefor first had and obtained.
(b) The Council shall not
(i) construct any Church Rectory or other building in the Parish or add to alter or remove any Rectory therein; or
(ii) add to alter or remove any part of the fabric or of the fittings or furniture of the Rectory
without the approval of the Incumbent to the plans therefor and the consent in writing of the Bishop to such plans and his faculty therefor first had and obtained.
2) Painting or redecorating:
The Council with respect to the Rectory and the Vestry with respect to its Church and other buildings shall not paint any unpainted
surface of any Church Rectory or other building nor redecorate the surface of any such building previously painted without the faculty of the Bishop first had and obtained.
(3) Memorials:
Memorials
Any structure for the deposition of ashes or any Monuments Ornaments furniture or furnishings given or purchased as memorials may be placed in or removed from the Church or churchyard by the Vestry with the consent of the Incumbent but subject to the Bishop after submission to him before the commission or purchase thereof of a design or plan therefor and in accordance with any regulations of the Bishop-in-Council relating thereto giving his faculty therefor.
Insurance
Amended:
Act No.
8, 1993
122. Each Parish Council shall provide such monies as are required by Section 6 of the Insurance Act 1995 or of like provision in any legislative amendment or re-enactment thereof.
Performance of Clerical
Duties
Sub-division B Divine Service
Painting and
decorating
Performance of Clerical office
123. No person except the Bishop shall be allowed to perform any clerical office in any Church except with the consent of the Incumbent together with that of the Bishop unless he is duly licensed by the Bishop to officiate in the Diocese in which case the consent of the Incumbent alone shall be necessary Provided Always that in case such Incumbent shall be suspended as officio the consent of the Bishop alone shall be necessary.
124. The
Churchwardens shall:
Duties of Churchwardens
(1) Provide all things necessary for the conduct of Divine Service including Bread and Wine for the Holy Communion.
(2) Keep order in the Church during Divine Service and provide for the due seating of the people and the collection of their alms and other devotions.
(3) Report to the Bishop any grave irregularities in the performance of Divine Service any wilful neglect of duty or any flagrant misconduct on the part of the Incumbent.
Mode of Conduct
125. No change in the mode of conducting the Service which has been customary in any Church shall be introduced without the consent of the Churchwardens ratified at a subsequent general meeting of parishioners to be held within twenty-eight days of such consent and in the case of a disagreement the matter in dispute shall be referred to the Bishop whose decision shall be final and conclusive Provided Always that there shall be nothing contrary to the Constitution of The Anglican Church of Australia.
Sub-division C Lay
Officers
Appointments
by Incumbent
126. The Organist Choirmaster members of the Choir Servers of the Sanctuary Lection Readers the Superintendent and Teachers of the Sunday School or Church School and other Lay Officers shall be appointed by the Incumbent shall be subject to his Control and may be dismissed by him.
Appointments
by Bishops
127. Lay Readers and Lay Eucharistic Assistants may be appointed by the Bishop on the nomination of the Incumbent and Churchwardens. No lay person unless already licensed thereto by the Bishop shall be permitted to officiate.
Sub-division D
Finance
Oversight and Control by Council
Amended:
Act
No. 2, 2001
128. The Council shall exercise an oversight over and ultimate control of the disposition of monies raised and received in the name of the Church by the Council the Vestry and any parochial organisation in the Parish. Each Council and Vestry shall establish rules for the raising and receipt of all these monies which rules, in respect of these monies, shall give due regard to the accountability and security, to prevention of any wrongful act and to confidentiality of members of the Church.
Application of
Funds
129. Such funds shall be held:
(1) by each Vestry
(a) for the provision of all things necessary for the due celebration of Divine Service and the administration of the sacraments;
By
Vestry
Amended:
Act No. 4, 1985
Act No. 8, 1993
(b) to enable it to comply with the provisions of Section 119 hereof provided that if any rental be received for any building the costs of rates repairs and insurance thereof shall be a first charge thereon;
and
(c) to pay any surplus to the Council.
(2) by the Council:
By
Council
Amended: Acts No. 4, 1985
No. 10, 1992
No. 8,
1993
No. 4, 1995
(a) to manage and invest the balance thereof Provided That any investment so made shall be in accordance with the provisions of any specific trust or of the Trustee Act 1958 and Further Provided That where the total of all such funds exceeds such a sum as the Bishop-in-Council shall determine the excess by which they do exceed such sum in minimum multiples of $500.00 shall be invested by the Trusts Corporation;
(b) Subject to the provisions of Section 136 of this Act to pay or allow as the case may be the stipend and the travelling and other allowances to the Incumbent any clerical assistant and any stipendiary lay assistant and the salary to any lay person of the Parish;
(c) To pay in the
following order
(i) interest on money borrowed for the Church or Rectory;
(ii) premiums payable in respect of each Church Rectory and other parish
buildings and the fittings and furniture thereof;
(iii) for the
Mission of the Church beyond itself;
(iv) for the Diocesan
Assessment;
(iv) for general parochial purposes; and
(vi) as to any surplus for such
pious or charitable uses as it may think fit.
(c.c) to enable it to comply with the provisions of Section 120 hereof provided that if any rental be received for any building the cost of rates repairs and insurance thereof be a first charge thereon;
and
(d) For a
special project approved by Bishop-in-Council.
Annual
Statements
130. (1) The Treasurer of the Council shall:
(i) present to the Council before each Parish Annual Meeting of Parishioners of the Parish a statement of receipts and expenditure and of assets and liabilities of the Parish or of any Parochial organisation;
(ii) submit to the Auditor such statements together with all books of account and vouchers and other documents books and evidence relating thereto as the Auditor may require;
(iii) present to each Parish Annual Meeting of the Parishioners of the Parish the audited statements;
Amended:
Act No. 5, 2003
(iv) submit in each year 2 copies of each of such statements to the Registrar within 7 days of the 31st day of March, subject to the provisions of Section 132 hereof;
Inserted and
amended Act No. 1, 1999
(v) prepare and present to the Council before the end of each financial year a budget of receipts and expenditure for the ensuing financial year;
Inserted and amended:
Act No.
1, 1999
(vi) deliver after the Parish Annual Meeting of Parishioners of the Parish to the Treasurer for the then current financial year all statements all books of account and vouchers and all other documents books and evidence relating to the financial affairs of the Parish including those relating to the current financial year; and
(vii) make available to the Council for their inspection the books of account when requested by them.
(2) Each Vestry
shall:
Inserted and amended
Act No. 1, 1999
(i) prepare and present to the Vestry before the end of each financial year a budget of receipts and expenditure for the ensuing financial year.
(ii) present to the Congregation's Annual Meeting of its parishioners an audited statement of receipts and expenditure.
(iii) within seven days after the congregation's Meeting deliver to the Treasurer of the Council a copy of the audited statement.
Consideration of Annual
Statements
131. The Parish Annual Meeting and the Congregation's Annual Meeting may receive and adopt any such statements or may refer the same back to the Council or Vestry or the incoming Council or Vestry as the case may be for further report and information and may adjourn the annual meeting for the purpose of further considering the same.
Reference of Annual Statements back to
Council or Vestry
132. Upon any such statements being so referred back the Council or the Vestry as the case may be shall report any further information accordingly notwithstanding that the term of office of any of them shall have ended.
Bank Accounts
Amended:
Act No. 8, 1993
133. Parochial Church funds except such as may be invested under subsection (2) of Section 129 hereof shall be kept on current or savings account or accounts in a Bank or Banks in the name of the Council or in the name of the Council designated to a Vestry or to any Parochial Organisation. The Bank account of any Vestry and parochial organisation shall be opened or closed as the case may be on the authority of the Council.
Withdrawal of monies from Bank
134. Each cheque or withdrawal voucher drawn on the Bank account of the Council shall be signed by the Treasurer and by one of three members of the Council appointed by the Council for that purpose or in the absence of the Treasurer by two of such Councillors so appointed.
Each cheque or withdrawal voucher drawn on the Bank account of a Vestry or of a parochial organisation may be signed in the same manner as for the Bank accounts of the Council or in the case of a Vestry by two of the Churchwardens or in the case of a Parochial organisation by two members of that organisation authorised by it or by the Council.
Credit Union or
Building
Society
accounts
Inserted:
Act No. 7, 1998
134A. Should there be no Bank which offers banking facilities within five kilometres of a Parish centre or of a Church for which monies are kept in an account or accounts, the Parish Council on its own behalf or on behalf of a Vestry may maintain such account or accounts in a Credit Union or Building Society which has been duly registered under State Law provided that:
(a) there is no bank where it is proposed that monies are to be kept on account or accounts with a Credit Union or Building Society;
(b) the amount kept or proposed to be kept in such account or accounts for the Parish Council on its own behalf or in such account or accounts for the Parish Council on behalf of the Vestry shall not exceed the sum of ten thousand dollars unless authorised in writing by the Bishop in Council.
The provisions of Section 133 and 134 hereof shall continue to be in force, the necessary changes being made in consequence of the provision of this section.
Parochial year
135. The Parochial financial year shall be from the first day of January to the thirtyfirst day of December.
Determination
of
stipends
Amended:
Act No. 8, 1985
Act No. 1, 1991
136. The amount of stipend and associated allowances paid or allowed to the Incumbent, assistant clergymen and stipendiary lay assistants of any parish shall be determined and may from time to time be varied by the Council Provided That the amount of such stipend and allowances shall not be less than the minimum rate determined from time to time by the Bishop-in-Council.
When Bishop may fix
Stipend
Amended:
Act No. 8, 1985
Act No. 1, 1991
137. Where the amounts of stipend or associated allowances has not been determined in accordance with the immediate preceding Section of this Act the Bishop may after due enquiry into the circumstances determine the amounts and declare the same in writing to the Council and the amounts so declared shall be the respective stipend and allowances to be paid or allowed to the Incumbent assistant clergymen and stipendiary lay assistants.
Sittings in Church
Amendment:
Act No.
4, 1995
138. All the sittings in a Church shall unless the Vestry with the consent of the Incumbent and of the Bishop otherwise determines be open to the use of the Parishioners without any payment in respect thereof and the Incumbent and the Vestry may make rules for the appropriation of seats to Parishioners.
Sub-division
E Ministry Fund
Participation
139. Each Parish shall participate
in the Ministry Fund of the Diocese.
Definitions
Amended:
Act No.
3, 1987
140. In this subdivision unless inconsistent with the context or
the subject matter:
"Ministry Fund" means the fund (in this subdivision referred to as "the
Fund") established as the means of meeting the cost of Ministry
within the
Diocese.
"Fund Year" means the 1st day of January to the 31st day of
December.
"Parish" means each Parish Council whether a Parish nominative or
otherwise.
"Cost of Ministry" means the total amount of all stipends travelling and
depreciation allowances long service leave and superannuation
contributions and
other proper allowances and contributions of all stipendiary clergy and lay
ministers licensed within the Diocese.
Payments into and from the
Fund
Amended:
Acts No. 3, 1987
No. 4, 1995
141. (a) There shall be paid into the Fund such amounts as are hereinafter provided in this subdivision.
(b) There shall be paid from or an allowance
charged to the Fund:
(i) all stipends travelling and depreciation allowances long service leave and superannuation contributions and all other proper allowances and contributions of all stipendiary clergy and lay ministers licensed in the Diocese;
(ii) such contributions for superannuation and/or long service leave in respect of clergy on leave of absence from the Diocese as the Bishop-in-Council may from time to time direct;
(iii) the fee to be paid for the administration and management of the Fund.
Administration and
management
142. The Bishop-in-Council shall administer and manage the Fund at and from the Bishop's Registry.
Requirements for and determination of
Parish payments
143. (a) Once in each year by a date to be fixed at the Bishop-in-Council and advised in writing to each Parish each Parish shall submit to the Bishop-in-Council on a form to be prescribed by the Bishop-in-Council a detailed budget of its receipts and expenditure for the forthcoming Fund Year together with such further information and matters as may be requested by the Bishop-in-Council or as may be considered to be relevant by the Parish and any such submissions made shall be considered by the Bishop-in-Council.
(b) The Bishop-in-Council having considered the financial position and affairs of each Parish shall determine the amount to be paid by each Parish to the Fund for the next Fund Year.
(c) In making its determinations pursuant to paragraph (b) hereof the Bishop-in-Council shall make provisions to meet the cost of ministry.
(d) In the event of a Parish becoming vacant during the course of a year the Bishop-in-Council may make such variation to its determination in respect of that Parish as it considers to be proper.
Clergyman engaged on Diocesan
duties
144. Notwithstanding anything hereinbefore contained the provisions of this Subdivision shall not apply to any Clergymen engaged solely on Diocesan duties.
Records etc to be maintained and reported annually to
Synod
145. The Bishop-in-Council shall keep full and accurate records of all transactions submissions reports determinations and other relevant matters relating to the Fund and the administration and management thereof and shall submit to each session of Synod an audited statement in respect of its administration and management thereof.
Power of Bishop in
Council to make regulations
Amended:
Acts No. 3, 1987
No. 4,
1995
146. (i) The Bishop-in-Council subject to disallowance of the same by resolution of Synod may make regulations for and with respect to:
(a) the appointment of a committee to be known as the Ministry Fund Committee to advise the Bishop-in-Council on determining the amounts to be paid by each Parish to the Fund and generally on the administration and management of the Fund.
(b) meeting of the Ministry Fund Committee and the conduct and carrying out of the business of the Ministry Fund Committee.
(c) the method by which parishes shall pay the determined contributions to the Fund.
(d) the method by which payments to and allowances in respect of the clergymen and lay ministers from the Fund shall be made.
(e) income tax deductions to be paid to the Australian Taxation Office in respect of each clergyman and lay ministers.
(f) the fee to be paid to the Diocese for the administration and management of the Fund.
(g) generally, prescribing all such matters and things as are authorised or required to be prescribed or as are necessary or convenient to be prescribed for carrying into effect the purpose of this Act.
(ii) Where any form is prescribed under Section 143 of this Act or Sub-section (i) of this Section substantial compliance therewith shall be sufficient for the purpose of this Act.
Sub-division F Records
Duty of
Incumbent to maintain records of parishioners
147. It shall be the duty of the Incumbent of the Parish to keep or cause to be kept records in proper registers of all Baptisms Confirmations Burials and Marriages solemnised and of services held in the Parish by any Officer of The Anglican Church of Australia. And such registers shall be the property of the Church and not of the Incumbent by whom they are compiled and shall be kept in a fireproof lockable receptacle.
[Editor's Note: See Ordinance No. II, 1906 of the Synod of the Province of Victoria infra p. 666 ]
Duty of Incumbent
and Parish Council to furnish returns
148. The Incumbent and Council in any Parish shall furnish to the Registrar such annual and other returns including statements of receipts and expenditure and such other information and statements regarding Parochial affairs as the Bishop-in-Council may from time to time require.
Incumbent to have custody of records etc and to
maintain inventory
149. The Incumbent shall have the custody of all Church Books muniments records registers and sacred vessels in the Parish and maintain a current inventory thereof.
Duty of Incumbent to keep register
150. (1) It shall be the duty of the Incumbent of each Parish to keep or cause to be kept a full complete and up to date record to be annually reviewed of all parishioners at least of The Anglican Church of Australia resident within his Parish.
(2) Such record shall be in the form or to the effect of the Schedule hereto and shall contain the particulars specified in the said Schedule.
(3) It shall be the duty of every such Incumbent to forward a copy of the record of any member or family who shall leave his Parish to the Incumbent of the Parish whether within the Diocese or not to which such member or family shall remove.
SCHEDULE
Size:(to fit in standard envelope):14 cm.wide by 8.5cm.deep
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Family Name: Address: Phone: |
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Baptised
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Confirmed |
Communicant |
Deceased |
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REVERSE
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Came from: |
Date: |
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Went to: |
Date: |
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Next Parish notified: |
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Visits and Remarks: |
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Records of Parish open to inspection by Archdeacon or Rural Dean
151. The books muniments records registers and all other items belonging to the Parish shall be open to the inspection of the Archdeacon or Rural Dean who shall make a report of their condition when required to do so by the Bishop.
Duty to surrender records etc by Incumbent on
resignation etc
152. On his resignation or suspension or removal from a Cure it shall be the duty of the Incumbent to surrender the books muniments records registers sacred vessels and all other items belonging to each congregation to the Churchwardens who shall hand the same over to the succeeding Incumbent when inducted.
Power of Bishop in Council to make
regulations
153. The Bishop-in-Council is empowered to make such regulations as will ensure that the historical record of the Diocese and each Parish is maintained.
Division 6 Miscellaneous
Provisions
Accidental impediment misfeasance or omission
154. When any accidental or unavoidable impediment misfeasance or omission shall have happened in the carrying out of the provisions of this Act the Bishop-in-Council may take all such measures as may be necessary for removing such impediment or rectifying such misfeasance or omission and may declare any act done to be valid notwithstanding such misfeasance or omission.
Acts of Parish Council or Vestry means majority of
to Synod
155. The words "Council" and "Vestry" wherever the same may occur in this Act unless the contrary as to the number be expressed shall mean the majority of such Council or Vestry as the case may be Provided That all acts or resolutions shall be valid which are done or passed by the majority of those present at any meeting of a Council or Vestry at which there is present a quorum according to the provisions of this Act.
State Aid
Abolition
Act
156. Nothing in this Act shall prevent the bringing under the operation of the State Aid Abolition Act any land of the character therein described of which Trustees shall have been appointed under the provisions of any act hereby repealed or of this Act or of which there shall be persons entitled to be regarded as Trustees thereof under the State Abolition Act and any vacancy in the trusteeship of land which has already been brought under the provisions of such Acts shall be filled up in accordance with the provisions for that purpose contained in the Declaration of Trusts affecting the same. But the care control and management of any Church Rectory or other building erected on such land shall and may be exercised by a Council or Vestry in accordance with the provisions of this Act.
Date of Commencement
of
Act
157. This Act shall come into operation on the first day of January 1985 but all Vestries Parish Councils and Churchwardens elected or appointed under the provisions of the Trustees and Vestries Act 1934-1982 shall continue to act so far as may be necessary for the management of the affairs of each Parish until each Council and each Vestry is elected and appointed under the provisions of this Act thereupon each Council and each Vestry shall assume from each outgoing respective managing body full management and control of the property and affairs of the Parish in accordance with the provisions hereof.
SCHEDULE .A.
The Patronage Act No.1 1909
Tenure Act No.3 1914
Retirement of
Clergy Act No.1 1930
The Parish Records Act No.2 1931
Trustees and
Vestries Act No.1 1934
Parts II, IV, V, VI, VII.
The Ministry Fund Act
1981.
Passed: 5th August 1984
Assented to: 13th
September 1984
Act Amended: No. 4, 1985 Passed: 26th October 1985
Assented to: 19th December 1985
Act Amended: No. 3, 1987
Passed: 12th September 1987
Assented to: 14th September 1987
Act
Amended No. 4, 1988 Passed: 8th October 1988
Assented to: 10th
October 1988
Act Amended No. 6, 1988 Passed: 8th October 1988
Assented to: 10th October 1998
Act Amended No.1, 1991 Passed:
7th September1991
Assented to: 19th September 1991
Act Amended No.
10, 1992 Passed 4th September 1992
Assented to: 7th
September 1992
Act Amended No. 8, 1993 Passed: 27th August 1993
Assented to: 15th September 1993
Act Amended No. 4,
1995 Passed: 5th September 1995
Assented to: 4th
October 1995
Act Amended No. 3, 1996 Passed: 0th
August 1996
Assented to: 19th September 1996
Act Amended No. 4,
1997 Passed : 29th August 1997
Assented to: 4th
September1997
Act Amended No. 7, 1998 Passed: 2nd October
1998
Assented to: 23rd October 1998
Act Amended No. 1,
1999 Passed: 30th July 1999
Assented to: 6th August 1999
Act
Amended No. 2, 2001 Passed: 11th March 2001
Assented to: 4th April 2001
Act Amended No. 1,
2002 Passed: 31st May 2002
Assented to: 31st May 2002
Act Amended
No. 5, 2003 Passed: 31st May 2003
Assented to:
13th June 2003
Act Amended No. 1, 2005 Passed:
28th May 2005
Assented to: 30th
June 2005
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