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PAROCHIAL GOVERNMENT ACT 1991 (BALLARAT DIOCESE)

No. 13
PAROCHIAL GOVERNMENT ACT 1991-1999

A Bill for an Act to provide a structure for the government of Parishes and Parochial Districts outlining responsibilities and creating offices for the management of Parish affairs to the Glory of God, Father Son and Holy Spirit.

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

1. This Act may be cited as the Parochial Government Act 1991-1999 and is divided into Parts and Divisions as follows:-

PART 1 Constitution of Parishes and Parochial Districts.

Division 1. Ecclesiastical Divisions and Rural Deaneries and their Clergy - Sections 4-9

2. Definition of Boundaries - Sections 10-16

PART 2 Deployment and Payment of Clergy

Division 1. Diocesan Pastoral Committee and Ministry Appointment Commission - Sections 17 - 18

2. Vacancies - Sections 19 - 20

3. Appointment of Clergy - Sections 21 - 26

4. Licensing and Institution of Clergy to Parishes - Sections 27 - 28

5. Exchange of Parishes - Sections 29 - 31

6. Absence of Clergy - Sections 32 - 33

7. The Maintenance of Pastoral Relationships - Section 34

8. Payment of Clergy - Sections 35-38

9. Debt Management Committees - Sections 39-41

PART 3 The Constitution and Functions of Parish Councils and Lay Officers and the Conduct of Church Business.

Division 1. Establishment of the Parish Council - Sections 42-55.

2. Rules governing the Election Appointment and Removal of Parish Churchwardens Guardians Parish Councillors and Church Committee Members - Sections 56 - 70.

3. Procedure and Functions of the Parish Council - Sections 71 - 85.

4. The duties of Parish Churchwardens - Section 86.

5. Duties of Guardians and Committees - Sections 87 - 88.

6. The keeping of records - Sections 89- 96.

PART 4 Church Buildings and Other Church Property.

Division 1. Trusteeship of Church Property - Sections 97 - 107

2. Erection of Churches and other Buildings - Sections 108 - 111

3. Licensing and Consecration of Buildings for Public Worship - Sections 112 - 117.

4. The use of Churches and Church Buildings - Sections 118 - 123.

5. Alteration of Fabric and Furnishings of Churches and Church Buildings - Section 124

6. Sale of Church Land and Division of Proceeds. Section 125

PART 5 Miscellaneous Provisions - Sections 126 - 130.

2. (1) The Parochial Government Act No. 12 1988 is hereby repealed.

(2) Except as in this Act expressly or by necessary implication provided all persons things and circumstances appointed or created by or under repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed.

3. In this Act unless inconsistent with the context or subject matter -

“Congregation” means members of the Church who meet regularly for Divine Worship at a particular worship centre whether or not licensed by the Bishop or duly consecrated.

“Deanery Chairmen” means the Chairmen of the Rural Deanery Councils established by Resolution of the Bishop-in-Council and appointed or elected pursuant to such Resolution.

“The Diocese” means the Diocese of Ballarat.

“Division” means division of a Part.

“Furniture” when used with reference to the furniture of a Church shall mean all articles pertaining to the use of the Church or Clergyman for Divine Service and specifically such articles as are included in the term “Ornaments of the Church” in what is commonly called the Ornaments Rubric of the Book of Common Prayer.

“Part” means part of this Act.

“Prescribed” means prescribed by this Act or by the regulations.

“Registrar” means the Registrar of the Diocese of Ballarat.

“Regulations” means regulations made under this Act.

“Rural Deanery” means such Parishes and Parochial Districts as are declared by the Bishop-in-Council from time to time to comprise a Rural Deanery and the “Rural Dean” is that Clergyman appointed by the Bishop to be responsible to him for such Rural Deanery.

“Schedule” means Schedule to this Act.

“Synod” means the Synod of the Diocese of Ballarat.

“Trustee” or “Trustees” shall not mean include or apply to the Corporation named “The Ballarat Diocesan Trustees” unless such Corporation be plainly indicated by its corporate name.

PART ONE
THE CONSTITUTION OF PARISHES
AND PAROCHIAL DISTRICTS

DIVISION 1. Ecclesiastical Divisions and their Clergy.

4. The basic unit of the Church is the Diocese made up of the people of God gathered around the bishop to proclaim the Word of God and to administer the Holy Sacraments. To further the commission of Christ to his Apostles the Church has over the centuries divided dioceses into smaller units which do not diminish the role of the diocese but enhance the ministry of the Church. For the purpose of this Act the ecclesiastical divisions of the Diocese shall be called Parishes or Parochial Districts.

5. (1) A Parish shall mean such a portion of the Diocese as is now a Parish or as the Bishop-in-Council may hereafter declare to be a Parish provided that no portion of the Diocese shall be declared a Parish unless it shall :

(a) possess at least one church building licensed exclusively for the Divine Service,

(b) possess a suitable house within the standards determined by the Bishop-in-Council from time to time for the use of the Rector,

(c) provide at least the amount of Stipend and Travelling allowance and other allowances as shall from time to time be determined by the Bishop-in-Council, and

(d) pay all assessments and fulfil all other diocesan requirements duly determined by the Bishop in Council, and approved by Synod from time to time.

(2) Any Parish which fails to fulfil any one of the foregoing conditions shall when the Bishop-in-Council sees fit be reduced to the status of a Parochial District provided that the Rector shall not by reason of any such reduction of parochial status be deprived of any of the rights conferred on him by his Institution to that Parish.

6. The Bishop-in-Council shall allocate each Parish and Parochial District to be part of a Rural Deanery and all Clergymen licensed by the Bishop in such Parishes and Parochial Districts or Clergymen resident in the Rural Deanery who hold the Bishop’s Licence shall be members of the Chapter of the Rural Deanery to which their Parish or Parochial District is allocated. The Rural Dean of each Rural Deanery shall be licensed by and shall be responsible to the Bishop in such matters as may be determined by the Bishop from time to time.

7. The Priest who is duly licensed instituted and inducted to the charge of a Parish shall be called the Rector.

8. A Parochial District shall mean such a portion of the Diocese as is not included in the bounds of a Parish but which is under the charge of a Clergyman duly licensed thereto by the Bishop and if such Clergyman be in Priest’s Orders he shall be called the Priest In Charge.

9. The conduct of affairs of a Parish or Parochial District shall be in the hands of a Managing Body which shall be called a Parish Council.

DIVISION 2. Definition of Boundaries.

10. The official designation of each Parish and Parochial District shall be determined by the Bishop and may from time to time be altered by him.

11. The boundaries of a Parochial District may be from time to time defined by the Bishop-in-Council.

12. It shall be lawful for the Parish Council of a Parochial District upon compliance with the conditions of Section 5 of this Act to petition the Bishop-in-Council to declare the Parochial District to be a Parish and if such Parochial District be declared a Parish the Bishop-in-Council shall define its boundaries by such description as it sees fit.

13. A Parochial District shall not be declared a Parish until a period of twelve months shall have elapsed after date of the petition referred to in Section 12 during which period the said Parochial District shall comply with the provisions of Section 5.

14. It shall be lawful for the Bishop-in-Council from time to time to alter the boundaries of any Parish or to unite adjoining Parishes or to divide a Parish. Before any such alteration union or division is made particulars thereof shall be forwarded to the Rector and Parish Council of such Parish or Parishes as may be concerned for their opinion and after consideration of such opinion and any further evidence the Bishop-in-Council shall declare the new boundaries.

15. In the event of the division of a Parish the Rector for the time being of the original Parish shall be given the choice of which portion thereof he will serve.

16. Whenever the Bishop-in-Council shall declare the boundaries of a Parish one copy of every such declaration shall be delivered to the Parish Council of each Parish concerned and one copy shall be filed in the Diocesan Registry. Each of the aforementioned copies shall be certified by the Bishop and the Registrar.

PART TWO
DEPLOYMENT AND PAYMENT OF CLERGY

DIVISION 1. Diocesan Pastoral Committee and Ministry Appointment Commission:

17. (1) There shall be a Diocesan Pastoral Committee (“the Committee”).

(2) The members of the Committee shall be the Bishop, the Archdeacons, the Deanery Chairmen, the Rural Deans and two lay persons appointed by the Bishop-in-Council for the life of each Synod.

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

(4) The functions of the Committee shall be

(a) to devise and keep under review a plan for the deployment of clergy and ministers within the Diocese based on the needs for ministry and their financial implications;

(b) to recommend to Bishop-in-Council priorities for positions to be filled within the deployment plan;

(c) to consider matters relating to the viability of Parishes and Parochial Districts, including boundaries, and to make recommendations on such matters to Bishop-in-Council;

(d) to advise Parishes and Parochial Districts on their corporate life; and

(e) to deal with such other matters as may be referred to it by Bishop-in-Council.

(5) The Committee shall be convened by the Bishop and shall meet at least twice annually.

(6) The quorum at meetings of the Committee shall be seven.

(7) The Committee shall keep minutes of its meetings and shall make written reports to the Bishop and the Bishop-in-Council at least twice annually.

18. (1) There shall be a Ministry Appointment Commission (“the Commission”).

(2) The membership of the Commission shall be as follows:

(a) the Bishop, and the Archdeacons ex officio, and

(b) one clerical and two lay members elected by Synod from its members; and

(c) when the Commission is considering the nomination of a priest to fill a vacancy in any Parish or Parochial District, the Rural Dean of the Rural Deanery in which the vacancy occurs and the Parochial Nominators of the Parish or Parochial District.

(3) In the first Session of every Synod on a day to be named by the President the Synod shall elect from members thereof one clergyman and two lay persons to be members of the Commission and such membership shall be subject to the following provisions:

(a) Any member of the Commission elected by the Synod shall be removable by vote of the Synod.

(b) Any vacancy occurring upon the removal death incapacity or resignation of a member of the Commission elected by the Synod may be filled by the election of a member in his or her place at the next Session of the Synod provided that Bishop-in-Council may temporarily fill up any vacancy which may occur from members of the Synod and members of the Commission so appointed shall hold office until the next Session of Synod and no longer;

(c) Members of the Commission elected by the Synod shall hold office from the date of their election until the election of their successors provided that all the original members shall continue in office until the completion of any business connected with the filling of a vacant Parish or Parochial District which may have been before the Commission at the time of the election of their successors.

(d) Should a member of the Commission elected by the Synod be a clergyman or a Parishioner of a Parish or Parochial District which becomes vacant, the place of that member on the Commission for all purposes connected with the filling of that vacancy shall be taken by a clergyman or lay person (as the case may be) appointed by the Bishop.

(4) The following provisions shall apply to the election of Parochial Nominators and Supplementary Parochial Nominators:

(a) In every Parish and Parochial District the Parish Council shall at its first Meeting elect three persons duly qualified as provided in this Act to be Parochial Nominators for the Parish or Parochial District and three other persons with the same qualifications to be Supplementary Parochial Nominators and the names and addresses of such Parochial Nominators and Supplementary Parochial Nominators shall be forwarded to the Registrar by the Parish Council Secretary within fourteen days of such election.

(b) The Parochial Nominators and the Supplementary Parochial Nominators at the time of a Parish or Parochial District becoming vacant shall continue in office until the Annual Meeting of parishioners next after the filling of the vacancy when a new election shall be made;

(c) In the event of one or more of the Parochial Nominators being unable to attend any meeting of the Commission a corresponding number of the Supplementary Parochial Nominators shall be summoned to attend such meeting;

(d) No person shall be elected a Parochial Nominator or a Supplementary Parochial Nominator unless he or she shall have attained the age of eighteen years and be a Lay Communicant of the Anglican Church of Australia resident in the Parish or Parochial District or an attendant at a Church within the Parish or Parochial District and no person who at the time is in receipt of a stipend from the Church shall be competent to serve as a Parochial Nominator or Supplementary Parochial Nominator.

(5) The functions of the Commission shall be

(a) subject to the provisions of Division 3 of this Part, to nominate to the Bishop a priest to fill a vacancy in a Parish or Parochial District;

(b) to advise the Bishop in relation to any other position identified by the Diocesan Pastoral Committee;

(c) to make recommendations to the Diocesan Pastoral Committee in relation to the deployment plan devised by that Committee; and

(d) at the request of the Bishop, to investigate and make recommendations to him in relation to the maintenance of good pastoral relations in Parishes and Parochial Districts.

(6) The Commission shall be convened as required by the Bishop.

(7) The quorum at meetings of the Commission shall be

(a) in the case of a meeting to make a nomination to the Bishop for the filling of a vacancy in a Parish or Parochial District, six, including at least two of the Parochial Nominators, and

(b) in the case of any other meeting, four.

(8) The Commission may subject to this Act and to any rules and regulations which may from time to time be made by the Synod make rules and regulations for its own guidance in the transaction of its business and any such rules and regulations made by the Commission shall be tabled at the next Session of the Synod.

DIVISION 2. Vacancies:

19. A Parish or Parochial District shall be deemed to be vacant

(a) on the death of the Rector or Priest-in-Charge, or

(b) on the acceptance by the Bishop of a written resignation by the Rector or Priest-in-Charge, or

(c) on the termination of the licence of the Rector or Priest-in-Charge under the provisions of Section 26.

20. In the event of a Parochial District being declared a Parish as provided in Section 12 of this Act such act of declaration by the Bishop-in-Council shall be deemed not to have created a vacancy within the meaning of this Part.

DIVISION 3. Appointment of Clergy:

21. (1) Subject to the provision of Section 24, in the event of a vacancy occurring in any Parish or Parochial District the Bishop shall convene a meeting of the Ministry Appointment Commission within thirty days of a vacancy thus occurring.

(2) Not less than fourteen days notice in writing of the time and place of the first meeting of the Commission shall be given to every member thereof and the time and manner of convening any subsequent meeting of the Commission and the place of the meeting shall be determined by the Bishop.

(3) The Commission shall nominate to the Bishop a priest to be appointed by him to the vacant Parish or Parochial District and may prepare a list of priests in preferential order for nomination to the Bishop without a further meeting.

(4) A vote of greater than 70% of those present at a meeting of the Commission shall be necessary to carry a motion of nomination.

22. (1) The Bishop if he be satisfied of the fitness of the Priest nominated by the Commission shall proceed in due course to institute him as Rector of the vacant Parish or to appoint him as Priest-in-Charge of the vacant Parochial District.

(2) If the Bishop be not so satisfied he shall call another meeting of the Commission within fourteen days of the date of the receipt by him of the nomination at which meeting the Bishop shall give reasons as he sees fit why he should not proceed to the institution or appointment of the Priest nominated by the Commission and the Commission shall again deliberate upon the matter.

23. (1) When in the event of a vacancy in a Parish or Parochial District

(a) the Parochial Nominators signify in writing to the Bishop that they desire that he shall fill the vacancy, or

(b) the Commission fails to make a nomination to the Bishop within six months of its first meeting,

the appointment may be made by the Bishop at his discretion.

(2) Such an appointment shall be reckoned as a “fourth vacancy” appointment for the purposes of Section 24.

24. (1) Notwithstanding the provisions of Section 21, on the occasion of every fourth vacancy in a Parish or Parochial District the Bishop may if he thinks fit appoint a Priest to fill that vacancy without reference to the Ministry Appointment Commission.

(2) On the coming into operation of this Part, the Commission for the purposes of sub-section (1) of this section shall determine by the drawing of lots that quarter of Parishes and Parochial Districts which are to be considered on their first appointment, that quarter which are to be considered on their second appointment, that quarter which are to be considered on their third appointment and that quarter which are to be considered on their fourth appointment, and shall inform Parish Councils of the outcome.

(3) The next ensuing vacancy in a Parish or Parochial District which is to be considered on its third appointment will be deemed a “fourth vacancy” for the purposes of sub-section (1).

25. The appointment and licensing of a Clergyman to any office not provided for by this Act and the termination of such an appointment and revocation of such licence shall appertain to the Bishop.

26. The licence of any Clergyman shall ipso facto be terminated upon his:

(a) being convicted by a competent tribunal for an offence legally sufficient to warrant such termination of licence: or

(b) being declared incapacitated under the provisions from time to time of the governing rules made under the Australian Clergy Provident Fund Canon 1995 as amended from time to time or similar fund to which the clergyman belongs; or

(c) attaining the age of sixty-five years provided nevertheless that in the case of a Clergyman attaining the age of 65 years the Bishop may in his absolute discretion issue a temporary licence to that Clergyman to perform such work and in such circumstances as the Bishop may think fit and may withdraw that license at will.

DIVISION 4. Licensing and Institution of Clergy to Parishes:

27. The licence of a Priest by the Bishop to any Parish shall be evidence of a valid Institution to that Parish.

28. Having instituted a Priest to any Parish, and after giving prior notice to the said Priest, the Bishop may place under his charge any adjacent portion of the Diocese not included in any other Parish and the said Priest shall be responsible for the performance therein of such duties during such time as the Bishop may direct and the whole of such area shall be treated as a single Parish for administrative purposes for such time as is applicable.

DIVISION 5. Exchange of Parishes:

29. (1) Notwithstanding anything contained in this Act it shall be lawful for an exchange of Parishes to take place between two Rectors provided that the Rectors desiring such exchange shall obtain the written consent of the Bishop and the Parochial Nominators of the Parishes concerned.

(2) Thereupon the Rectors shall be deemed to have resigned their respective Parishes and the Bishop shall then proceed to institute the said Rectors to their new Parishes.

30. (1) Notwithstanding anything contained in this Act it shall be lawful for an exchange of Parishes to take place between a Rector of a Parish in this Diocese and a Priest in another Diocese provided that the Rector of the Parish in this Diocese shall obtain the written consent of the Bishop and the Parochial Nominators of his Parish to the exchange.

(2) Thereupon the Rector concerned shall be deemed to have resigned from his Parish and the Bishop shall then proceed to institute the Priest from the other Diocese to the Parish in this Diocese affected by the exchange.

31. If from any cause any exchange authorised by this Act shall not be completed all acts done in furtherance thereof shall be deemed to have been void ab initio.

DIVISION 6. Absence of Clergy:

32. (1) Every Clergyman shall be entitled to annual leave of absence from his Parish or Parochial District for a period of not more than thirty-four days including not more than four Sundays.

(2) Unless otherwise agreed with the Parish Council and the Bishop he shall take such leave annually in not more than three parts.

(3) Such annual leave shall be calculated from the date of being licensed in the Parish or Parochial District and shall not be allowed to accumulate except as otherwise agreed to by the Bishop and the Parish Council of the Parish or Parochial District.

(4) Every Clergyman in charge of a Parish or Parochial District shall give notice in writing to the Bishop of his intention to take such leave of absence and shall satisfy the Bishop that essential ministrations have been arranged during the period of his absence, and he shall also inform the Secretary and Churchwardens that he shall be absent.

(5) Every other Clergyman shall take such leave of absence at a time approved by the Clergyman in charge of such Parish or Parochial District.

(6) It shall be the duty of the Parish Council to provide for any charges incurred in the supply of the ministrations during the said period of leave of absence referred to in Sub-section (4) of this Section.

(7) A Clergyman whose term of office shall end during any annual leave period shall be entitled to the proportional part of his annual leave accrued up to the time of his leaving the said Parish or Parochial District.

33. If a Clergyman in charge wishes to be absent from his Parish or Parochial District for any period exceeding 48 hours not being included in the period of his annual leave he shall seek the permission of the Bishop in writing and shall satisfy him that arrangements have been made to provide spiritual ministrations during his absence and he shall also inform the Secretary or Churchwardens that he shall be so absent.

DIVISION 7. The Maintenance of Pastoral Relationships:

34. (1) The Archdeacon in whose jurisdiction the Parish or Parochial District concerned is situated shall inform the Bishop of any actual or potential breakdown in pastoral relationships between any clergyman and the people in his Parish or Parochial District.

(2) The Archdeacon may so inform the Bishop on his own initiative and must so inform the Bishop if requested to do so by any clergyman or the Churchwardens of the Parish or Parochial District.

(3) The Bishop may at his own discretion investigate and seek to resolve the matter himself or he may ask the Ministry Appointment Commission to investigate the matter and to make recommendations to him for its resolution.

DIVISION 8. Payment of Clergy:

35. (1) There shall be established within the accounts of the Diocese an account to be entitled “Ministry Fund” (“the Fund”).

(2) There shall be credited to the Fund:

(a) all money received from Parish Councils or other persons or bodies for the payment of clergy, as determined under section 37, and

(b) the income from the Diocesan Trust for Ministry, being a trust established by separate Act of Synod, and

(c) any other money which Bishop-in-Council may direct should be paid into the Fund.

36. The stipends, allowances and other emoluments attaching to the offices of all clergy licensed in the Diocese shall be paid by the Registrar from the Fund, provided that no money from the Diocesan Trust for Ministry shall be applied to payments to non-parochial clergy until the capital of the Trust has reached the amount of $1,500,000 in 1997 money values.

37. (1) Unless Bishop-in-Council otherwise determines, each Parish Council shall contribute monthly to the Fund a sum amounting to 75% of the cost of the stipends, allowances and other emoluments payable to all clergy holding office in the Parish or Parochial District.

(2) Bishop-in-Council shall determine, after application of the income from the Diocesan Trust for Ministry, the sums of money to be received monthly from Parish Councils to pay the balance of the cost of the stipends, allowances and other emoluments payable to all clergy holding parochial office.

(3) Any additional levy determined by Bishop-in-Council shall not exceed 10% of the amount payable pursuant to Sub-section (2) of this Section.

(4) Any annual surplus in the Fund or part thereof may be added to the capital of the Diocesan Trust for Ministry if Bishop-in-Council so determines.

38. (1) It is hereby declared and enacted that no clergyman holding the Bishop’s licence and appointed for the exercising of any functions of clergy is or ever has been an employee of the Bishop, the Ballarat Diocesan Trustees, the Registrar, a Parish Council or any other diocesan or parochial body, but is and always has been the holder of an office within the Diocese.

(2) No parochial clergyman shall enter into or be party to any contract of employment in respect of the exercise of his functions as a clergyman.

DIVISION 9. Debt Management Committees:

39. (1) Whenever the Registrar forms the view that a Parish or Parochial District is or is likely to be unable to meet its financial obligations under Section 37 or in any other regard, he shall so inform the Archdeacon in whose jurisdiction the Parish or Parochial District concerned is situated.

(2) Upon receiving such information, the Archdeacon shall appoint a Debt Management Committee for the Parish or Parochial District.

40. (1) A Debt Management Committee shall comprise the Archdeacon, the Registrar, the clergyman in charge of the Parish or Parochial District, one Churchwarden (as chosen by the Churchwardens), the Treasurer of the Parish Council, and up to two further members chosen by the Archdeacon at his absolute discretion.

(2) The functions of a Debt Management Committee shall be:

(a) to advise the Parish Council on all financial matters;

(b) to evaluate the future viability of the Parish or Parochial District;

(c) when appropriate, to establish and assist with the implementation of a plan to make the Parish or Parochial District financially viable;

(d) to make such recommendations as it considers necessary or desirable to the Diocesan Pastoral Committee;

(e) to report on its activities to each meeting of Bishop-in-Council, with such recommendations as it considers necessary or desirable.

41. The Archdeacon, subject to the approval of Bishop-in-Council, shall determine when the work of a Debt Management Committee shall be regarded as complete and the Committee wound up.

PART THREE

THE CONSTITUTION AND FUNCTIONS

OF PARISH COUNCILS AND LAY OFFICERS

AND THE CONDUCT OF CHURCH BUSINESS

DIVISION 1. Establishment of the Parish Council.

42. For every Parish and Parochial District of the Diocese there shall be one managing body to be called the Parish Council which shall consist of the Clergyman in Charge, all other clergy licensed to the parish, the three Parish Churchwardens and six, nine, twelve, fifteen, eighteen or twenty-one Parish Councillors appointed or elected as hereinafter required.

43. For every building licensed for Divine Worship and for every worshipping congregation within the Diocese there shall be a meeting of Electors called the Annual Meeting of the Congregation (hereinafter called the Annual Meeting ) which shall be held before the 15th day of August in every year and such meeting shall be summoned as provided in Section 50.

44. For every building licensed for Divine Worship or duly consecrated there may be two pro Churchwardens to be known as Guardians.

45. For every building licensed for Divine Worship and for every Congregation within the Diocese the Annual Meeting may elect a Committee to be known as the Church Committee.

46. Before the first Annual Meeting following the enactment of these provisions or a new Parish being declared the Clergyman in Charge of the Parish or Parochial District shall with due notice call a meeting of all Electors within that Parish or Parochial District to determine the number of representatives on the Parish Council from each worshipping centre.

47. In subsequent years following compliance with section 46 the Parish Council shall at the final meeting of each year before the Annual Meeting(s) fix the size of the Parish Council and the proportional representation of the worshipping centres of the Parish or Parochial District.

48. For the purpose of this Act and of the Synod Act Electors shall mean lay communicant members of the Church who have received Holy communion not less than three times in a year as part of the Congregation for which they claim enrolment and have attained the age of eighteen years and have signed a declaration in the form contained in Schedule A of this Act. No person shall be entitled to be an Elector at more than one Annual Meeting in any one year or to enrol in more than one parish or to claim enrolment in more than one congregation of a parish.

49. It shall be the duty of the Clergyman in Charge and the Secretary of the Parish Council to cause to be compiled and kept up to date an Electoral Roll containing the names and addresses of Electors and the Congregation for which they claim enrolment. Each Elector shall fill in and sign the Declaration contained in Schedule A of this Act. The Electoral Roll shall be presented to the Electors at each Annual Meeting for its reception.

50. The time and place of each Annual Meeting shall be decided by the retiring Parish Council and written notice thereof signed by the Clergyman in Charge shall be given not less than twenty-one days previously by affixing the same to the principal door of the Church and announcing the same during Divine Service not less than once prior to the day of the Annual Meeting and every notice shall be in the form contained in Schedule B.

51. If the Clergyman in Charge shall fail to call an Annual Meeting for each congregation of a parish so required by this Act the Bishop may call such Annual Meeting of which due notice shall be given in accordance with Section 50.

52. At each Annual Meeting after prayers and receipt of apologies for absence the order of business shall be:

(a) The reading and confirmation of Minutes of the preceding Annual Meeting;

(b) The reception of the Electoral Roll;

(c) The presentation of Reports which shall include the financial Statements of Parish Council required under Section 82;

(d) Appointments and elections to office within the Parish;

The election of officer holders which shall follow this order:-

(i) The election of one Guardian, if required;

(ii) The election of Parish Councillors and

(iii) The election of Church Committee members if required.

(e) Any other business.

53. If in the opinion of the majority of Electors it is deemed undesirable to elect a Guardian it shall be lawful for such Annual Meeting to dispense with its right to elect one Guardian providing that nothing in this section limits the right of the Clergyman in Charge to appoint one Guardian.

54. The Clergyman in Charge shall appoint a Guardian for every Congregation in his parish.

55. Where Guardians have not been elected under Section 53 it shall be lawful for a subsequent Annual Meeting to elect a Guardian in another year.

DIVISION 2. Rules governing the Election Appointment and Removal of Parish Churchwardens Guardians Parish Councillors and Church Committee Members.

56. At every Annual Meeting the Clergyman in Charge shall preside and the Electors present shall elect the required number of Parish Councillors and may elect one Guardian and two-thirds of the Church Committee Members.

57. If the number of nominations does not exceed the number of vacancies those nominated shall be duly elected.

58. If the number of nominations exceeds the number of vacancies the Election shall be determined by Ballot as follows:-

(a) The Clergyman in Charge shall prepare Ballot papers with the names of the candidates written in order as selected by lot, initial each ballot paper used, and shall retain the Ballot papers for a period of no less than fourteen days following the election.

(b) Any dispute over an Election shall be brought to the attention of the Bishop within fourteen days of the Election. The Bishop may require the Clergyman in Charge to forward the Ballot papers to him. It shall be lawful for the Bishop to declare an Election null and void and to require a further Election;

(c) Each Elector may exercise his vote by placing a mark against the name or names of those candidates not exceeding the number to be elected on the Ballot paper.

(d) It shall be lawful for an Elector to vote for fewer candidates than required by the Ballot; and

(e) A Ballot paper is informal if the number of names marked on the Ballot paper exceeds the number of candidates required to be elected.

59. If the Clergyman in Charge is unable through illness or other sufficient reason to preside at the Annual Meeting it shall be lawful for him to appoint a deputy. Should the Clergyman in Charge fail to appoint such a deputy it shall be the duty of the Churchwarden appointed by the Clergyman in Charge to communicate with the Bishop or his representatives who shall appoint the deputy or himself preside at the Annual Meeting. The Bishop shall be informed of the action taken under the provisions of this Section within seven days following the Annual Meeting.

60. The Clergyman in Charge shall appoint one third of the members of Parish Council from any or all of the Congregations of his Parish, one Parish Churchwarden, one Guardian for each Congregation except as provided in Sections 54 and 55 of this Act and one third of each Committee.

61. Any vacancy in the office of Parish Churchwarden Guardian Parish Councillor or Church Committee member appointed by the Clergyman in Charge occurring by death resignation or removal from office shall be filled by the Clergyman in Charge from any Congregation in his Parish.

62. Any vacancy in the office of Parish Churchwarden Guardian Parish Councillor or Church Committee Member elected by an Annual Meeting or elected by Parish Council occurring by death resignation or removal from office shall be filled by the Parish Council and in the case of a vacancy in the office of Guardian or Parish Councillor the person so appointed shall come from the Congregation from where the previous holder of the office came.

63. On receipt by the Bishop of an application in writing signed by a majority of the members of any Parish Council requesting him to remove any Parish Churchwarden Guardian Parish Councillor or Church Committee Member from office he may after due investigation by writing under his hand remove such Parish Churchwarden Guardian Parish Councillor or Church Committee Member from his office for any of the following causes:-

(a) Sequestration of his estate.

(b) Conviction for any offence punishable by law.

(c) Drunkenness or unchastity.

(d) Incapacity from mental or physical infirmity to perform the duties of his office.

(e) Refusal to conform to the Acts of Synod.

(f) Conduct implying secession from the Anglican Church of Australia.

(g) Failure for a period of six months to perform his duties.

64. Each retiring Parish Council shall fix the number of members of the succeeding Parish Council and shall fix the number of representatives to be elected at the Annual Meeting from each Congregation in the Parish.

65. In case the Clergyman in Charge or the Electors at the Annual Meeting shall fail to appoint or elect any or all Committeemen Churchwardens or Parish Councillors as provided by this Act the Bishop in the stead of the party so failing may appoint such Committeemen Churchwardens or Parish Councillors for the then current year in such numbers as are required.

66. No person shall be elected or appointed a Churchwarden a Guardian or a member of any Parish Council unless he is a lay communicant of the Church within the Parish or Parochial District in which he is elected or appointed. No person shall be elected or appointed a Churchwarden Guardian Parish Councillor or Committeeman unless he has attained the age of eighteen years.

67. The procedure for the election of Parish Churchwardens and Parochial Nominators shall be as follows:

(a) The Clergyman in Charge shall seek nominations for Parish Churchwardens Parochial Nominators and Supplementary Parochial Nominators in the form or to the effect of Schedule C of this Act at the same time as he gives notice of the Annual Meeting.

(b) At the first meeting of the Parish Council after its election in any year the Parish Council shall elect two Parish Churchwardens three Parish Nominators and three Supplementary Parochial Nominators from the nominations provided for in subsection (a). The date of the first meeting of the Parish Council shall be no later than the 31st day of August in any year;

(c) If the number of nominations does not exceed the number of vacancies those nominated shall be duly elected; and

(d) Where it is necessary to proceed to a Ballot the election shall proceed according to the provisions under Section 58 of this Act.

68. In a Parish or Parochial District where there is only one Congregation it shall be lawful for the Annual Meeting to elect the Parish Churchwardens Parochial Nominators and Supplementary Parochial Nominators.

69. No Parish Churchwarden Guardian Parish Councillor or Member of a Church Committee shall be legally qualified to perform the duties of his office until he shall have subscribed a declaration in the form or to the effect of the declaration contained in Schedule C of this Act.

70. Nominations for the offices of Parish Churchwarden Guardian Parish Councillor and Church Committee Member shall be in the form or to the effect of Schedule C of this Act signed by at least two Electors and bearing the written assent and declaration of the person nominated and shall be in the hands of the Clergyman in Charge in time to be affixed by him to the principal door of the Church before the final Sunday service immediately preceding the date of the Annual Meeting and without such written nomination assent and declaration no person shall be eligible for election.

DIVISION 3. Procedure and Functions of The Parish Council.

71. At the first meeting of the newly elected Parish Council the Council shall:-

(a) declare the number of members which shall form a quorum and if such quorum has not been declared then a simple majority of all members of the Parish Council shall form a quorum;

(b) Elect two Parish Wardens under Section 67.

(c) Elect three Parochial Nominators and three Supplementary Parochial Nominators under Section 67;

(d) Appoint from its own number a Secretary;

(e) Appoint from its own number a Treasurer except as provided in Section 72 who shall keep such accounts as the Parish Council determines and shall act as the Parish Council’s executive officer in financial matters,

(f) Appoint an Auditor or Auditors who may not be a member or members of the Parish Council.

(g) Cause to be sent to the Registrar an audited financial statement for the preceding year;

(h) Receive the minutes of all Annual Meetings in the Parish; and

(i) Receive notice from the Clergyman in Charge of the appointment of his officers.

72. It shall be lawful for the Parish Council to appoint a Treasurer from outside its own number providing such person shall not become ex officio a member of the Parish Council but may attend and speak at meetings of the Parish Council without seeking the consent of the Council.

73. It shall be lawful for one person to be appointed both as Secretary and Treasurer.

74. The names and addresses of all persons elected to office in the Parish shall be forwarded by the Parish Council Secretary to the Registrar by the 31st day of August in any year.

75. All meetings of Parish Councils shall be convened by the Secretary and the first of such meetings shall be held at such time as the Clergyman in Charge may determine but by the 31st. of August and all subsequent meetings shall be held at such times as the Parish Council may determine. The Clergyman in Charge may call a special meeting at any time and shall do so when requested to in writing by at least one-third of the members of the Parish Council.

76. It shall be lawful for the Bishop at any time to call a meeting of any Parish Council and to attend every meeting so called and preside provided that he may require his Commissary to attend the meeting and preside.

77. Except as provided in Section 59 of this Act the Clergyman in Charge or his nominee being a member of the Parish Council shall preside at all meetings provided that in the absence of such a Chairman the Parish Council may elect one of its members to preside and in every case the Chairman shall have a casting vote only.

78. All Synodsmen and all Stipendiary officers of the Parish shall be entitled to attend and speak at all meetings of the Parish Council but shall not be entitled to vote.

79. All Meetings of the Parish Council shall be open to Electors of the Parish to attend as observers and may be allowed to speak at the discretion of the Council.

80. The Council may invite any person to address its meetings from time to time.

81. (1) The Parish Council is the principal forum for the discussion of all affairs which affect the life of the Parish. It shall use its powers and privileges to influence the progress of the parish for the greater glory of God and in the effective promotion of the Mission of Christ’s Church. It shall encourage and support the Clergyman in Charge in his ministry and seek to assist him in the building up of the Body of Christ in the Parish.

(2) The Parish Council shall:-

(a) Control the administration of all freewill offerings to the Church and other Church monies not excluded by the trusts under which they are held or otherwise from the operation of this Section and the investment of funds with the Ballarat Diocesan Trustees.

(b) (i) Pay to the Registrar for the purposes of the Ministry Fund such sums as are required under Section 37 of this Act.

(ii) Such payments shall be a first charge upon the funds at its disposal, and in determining the sums the stipends and allowances payable to clergy shall be reckoned at not less than the amounts determined by Bishop-in-Council from time to time

(c) Provide for the satisfaction of all Diocesan requirements.

(d) Provide all things necessary for the celebration of Divine Worship and the administration of the Sacraments;

(e) Provide for the use of the Clergyman in Charge of the Parish or Parochial District a suitable house furnished with blinds floor coverings light fittings bookshelves and other such furnishings and equipment as may from time to time be required by the Bishop-in-Council and provide for the maintenance of such house and furnishings in good order and condition.

(f) Provide for necessary repairs to Church property of every description.

(g) Have the appointment control and dismissal of all persons employed in or about the Church except as otherwise provided in Section 126 of this Act and provide for the remuneration of all persons employed in or about the Church;

and

(h) In addition to the duties enumerated in this Section do all such other things as are necessary for the proper conduct of the affairs of the Parish or Parochial District.

82. Prior to the Annual Meeting the retiring Parish Council shall cause to be prepared a statement of all monies received and expended during the financial year. This statement shall be signed by the Churchwardens or the Secretary and Treasurer as the case may be and shall be certified as correct by the Auditor or Auditors and presented to the Annual Meeting as required by Section 52.

83. The Parish Council shall deliver to its successors all records containing the accounts of all monies to the end of the preceding financial year as presented to the Annual Meeting together with the balance of monies under its control and a statement of all transactions effected to the date of such delivery.

84. The financial year shall be from the first day of July to the thirtieth day of June following.

85. Nothing contained herein or in any Section of this Act shall be deemed to confer any power or authority on the Parish Council or any officer or person in the Parish as regards the order and arrangement of Divine Worship the whole control of which is vested in the Clergyman in Charge.

DIVISION 4. The Duties of Parish Churchwardens.

86. In addition to the rights powers and duties prescribed in the Book of Common Prayer the Parish Churchwardens shall take a place of conspicuous leadership amongst the lay people of the Parish and seek in all ways to encourage and support the Clergyman in Charge and to foster unity and peace amongst all Church people; and shall:-

(a) In conjunction with the Guardians provide for keeping order in the Churches and Church yards of the Parish during Divine Worship;

(b) Report to the Bishop any grave irregularities in the performance of Divine Worship or any wilful neglect of duty or any flagrant misconduct on the part of the Clergyman in Charge;

(c) Have the care of all buildings and grounds owned by the Church and under control of the Parish Council and all articles appertaining to the celebration of Divine Worship and all other parochial property provided that nothing in this Act shall be interpreted as limiting the rights of the Clergyman in Charge to control the use of such buildings grounds articles and property as provided in Part IV Division 4.

(d) Report to the Parish Council as may from time to time be necessary all repairs or alterations required in the fabric fittings or furniture of all buildings owned or leased by the Church and under the control of the Parish Council and in any case furnish such a report in writing to the Parish Council and the Archdeacon at least annually and at the commencement and termination of an incumbency and bring to the attention of the Parish Council any matter of concern to the people of the Parish.

(e) In conjunction with the Guardians keep in good order the Church and Church grounds and see that everything in and about the Church is in fit and proper order for the due performance of Divine Worship.

(f) At the request of the Clergyman in Charge meet with him and the Parish Council Treasurer to advise him in any matter which the Clergyman in Charge may deem appropriate and to form policy for presentation at meetings of the Parish Council.

(g) Regularly visit all the Church buildings and congregations of the Parish to promote unity and to refer needs or requests from the Guardians and Parishioners to the Clergyman in Charge and the Parish Council; and

(h) Be responsible to the Bishop following the resignation or by the withdrawal of the licence of the Clergyman in Charge in matters relating to their duties as Parish Churchwardens.

86A.The Parish Church wardens shall not be deemed by reason of this Act to have power of direction over the Parish Council to whom they are responsible to report.

DIVISION 5. Duties of Guardians and Committees.

87. The Guardians are to act as pro Churchwardens in the Congregations where they are appointed and elected. Their office is to be one of lay leadership to promote and encourage the mission of the Church and to aid and assist the Parish Churchwardens and to help and encourage the Clergyman in Charge; and the Guardians shall:-

(a) In conjunction with the Parish Churchwardens help to keep order in the Church and Churchyard during the performance of Divine Worship;

(b) Report to the Parish Churchwardens any irregularities in the performance of Divine Worship or any wilful neglect or any flagrant misconduct of the Clergyman in Charge;

(c) Bring to the attention of the Parish Churchwardens any material needs in the care and maintenance of Church property;

(d) Assist the Parish Churchwardens in the good maintenance of church property and assist in providing that all things are in fit and proper order for the performance of Divine Worship; and

(e) Remit the collections donations and any monies whatsoever belonging to the congregation to the Parish Council

88. (1) The Church Committee is an advisory body in the life of the Congregation and where a Congregation has decided to elect a Committee under Section 45 of this Act the Committee shall encourage in all ways the ministry of the Church and support the officers of the Parish and the Church Committee shall:-

(a) Consist of such number of members as the Annual Meeting deems appropriate.

(b) Have as members ex-officio the Guardians of the Church for which the Committee is formed and the Parish Wardens;

(c) Welcome the Clergyman in Charge as Chairman and ex-officio member if he deems it appropriate; and

(d) Be a forum for the discussion and promotion of the mission of the Church within its Church.

(2) This section does not confer power on a Church Committee to make decisions which in any way bind the Guardians, Parish Churchwardens or the Parish Council, nor does it empower the Church Committee to keep money or have accounts.

DIVISION 6. The keeping of records.

89. The Clergyman in Charge of a Parish or Parochial District shall keep or cause to be kept and have the custody and control of proper Registers and Records of all Baptisms Confirmations Marriages and Burials and of all other acts of public worship in the Parish or Parochial District and such Registers and Records shall be in such form as the Bishop-in-Council shall from time to time determine.

90. The Parish Council shall provide the Clergyman in Charge with all books necessary for such records and shall make arrangements for their safe custody.

91. All Registers and Records referred to in this Division shall be the property of the Parish or Parochial District and not of the Clergyman in Charge and on his resignation or the withdrawal of his Licence by the Bishop he shall surrender all Registers and Records under his control to the Parish Council which shall give him a receipt for the same. The Parish Council shall hand the said Registers and Records to the succeeding Clergyman in Charge and obtain a receipt.

92. The Parish Council shall be responsible for the completion of all records of Church Services as required by this Act when there is no Clergyman in Charge of the Parish or Parochial District.

93. All Registers and Records shall be open for inspection by the Archdeacon or any other duly authorised Commissary of the Bishop who shall after inspection make a report to the Bishop.

94. Each Parish Council shall make a full and complete inventory of all property under its control and shall amend the same from time to time as may be required and the said inventory shall be lodged with the Secretary of the Parish Council who shall be responsible for its safe custody and delivery to any lawfully authorised person.

95. The Parish Council shall provide all necessary books and stationery for the keeping of Minutes and Financial Records and ensure that these are retained in a satisfactory condition and made available for inspection when lawfully required.

96. The Clergyman in Charge and the Secretary of the Parish Council in every Parish and Parochial District shall furnish to the Registrar such annual and other returns as he shall require from them by the authority of Bishop-in-Council and such returns must be lodged at the Registry before the 31st day of August in any year, but Financial Returns by the 31st day of July.

PART FOUR

CHURCH BUILDINGS AND OTHER CHURCH PROPERTY

DIVISION 1. Trusteeship of Church Property.

97. Whenever appearing in this Division the word “Church” when used as a prefix shall be deemed to mean “Parish” or “Parochial District”.

98. All Church Property

Section (a) repealed (1999).

(b) acquired hereafter shall be vested in the said Corporation unless this be contrary to the condition of their acquisition.

99. The Trustees of any Church property or a majority of them may if they think fit convey such property to The Ballarat Diocesan Trustees upon the original trusts and such conveyance when it has been accepted by the said Corporation shall discharge all the Trustees of such property from all subsequent duties in respect of such trust.

100. The name of every Trustee of Church property shall be registered in a book to be kept by the Registrar and the death removal or resignation of any Trustee shall be duly recorded therein.

Sections 101 - 103 repealed (1999).

104. Subject to the limitations imposed by any express trust The Ballarat Diocesan Trustees shall upon the written instruction of both the Bishop-in-Council and the local Parish Council deal with the Trust property in any way so required of them.

105. The Ballarat Diocesan Trustees shall hold the legal estate of all property as shall be vested in it and preserve the same for the purposes set forth in the respective instruments of trust (if any) but the care of any Church or other building thereon and the management of the affairs thereof shall be exercised by Churchwardens and Parish Council as provided by this Act.

106. The trusteeship of any real estate of The Ballarat Diocesan Trustees shall not impose upon it any duty other than to allow its use for Church purposes.

107. Notwithstanding anything to the contrary herein the furniture and furnishings of every Church building shall be the property of The Ballarat Diocesan Trustees but the custody care and control of such furniture and furnishings shall remain with the several parties charged therewith by this Act.

DIVISION 2. Erection of Churches and Other Buildings.

108. The erection and maintenance of all Church buildings shall be under the control of the Parish Council of the Parish or Parochial District concerned subject to the limitations imposed by this Division.

109. Prior to acquiring a site for a Church or other building the Parish Council concerned shall obtain the consent of the Bishop-in-Council.

110. Plans and specifications for any building to be erected or altered for Church purposes shall be approved by the Bishop-in-Council before any contract or agreement is entered into and before building operations begin.

111. No Parish Council shall borrow money for any purpose without first obtaining the consent of the Bishop-in-Council.

DIVISION 3. Licensing and Consecration of Buildings for Public Worship.

112. No building erected for the purpose of the celebration of Divine Worship and the administration of the Sacraments shall be used for such purposes unless licensed or consecrated by the Bishop.

113. Upon the petition of the Clergyman in Charge and six residents of a Parish or Parochial District the Bishop may license a building therein. The form of petition shall be as prescribed by the Bishop-in-Council.

114. Subject to prior notice to the Clergyman in Charge and the Parish Council thereof the Bishop may revoke any licence of a building in a Parish or Parochial District. The revocation shall be in writing and shall state the reasons for the same and a copy shall be tabled at the next ensuing Session of Synod.

115. It shall be lawful for the Bishop at any time in his discretion to consecrate any Church Building upon receipt of a Petition from the Parish Council and the Clergyman in Charge. Such Petition shall be in the form prescribed by the Bishop-in-Council and shall be accompanied by a Certificate in writing signed by the Clergyman in Charge and the Secretary of the Parish Council certifying that no money is due to or claimed by any person or corporation in respect of such Church Building.

116. No Church Building shall be consecrated unless substantially built of brick stone concrete or other durable material upon a freehold site approved by the Bishop-in-Council and vested in The Ballarat Diocesan Trustees and shall have been provided with such sufficient furnishings and appointments as the Bishop may require.

117. Any Church of which a portion only is consecrated shall for the purpose of this Act be deemed to be a consecrated Church.

DIVISION 4. The Use of Churches and Church Buildings.

118. (1) Without written authority of the Bishop the Clergyman in Charge and the Parish Council a Church consecrated or otherwise shall only be used for the: -

(a) celebration of Divine Worship or

(b) administration of the sacraments or

(c) performance of the rites and ceremonies of the Church or

(d) the giving of religious instruction according to the principles of the Anglican Church of Australia.

(2) No person other than the Clergyman in Charge except the Bishop or his Commissary shall officiate in any Church unless the following consents are first obtained:-

(a) for a licensed Clergyman or Reader or Honorary Lay Helper of the Diocese that of the Clergyman in Charge.

(b) for any other person those of the Clergyman in Charge and the Bishop.

Save that should the Clergyman in Charge be suspended ab officio the consent of the Bishop alone shall suffice.

119. No parochial building shall be used for any purpose without the consent of the Clergyman in Charge or in the case of a vacancy in the Parish or Parochial District without the consent of the Bishop.

120. The Clergyman in Charge shall have access to the Church and other buildings used for parochial purposes at all times and may celebrate Divine Worship administer the Sacraments and perform all other Rites and Ceremonies of the Anglican Church of Australia without hindrance except as hereinafter provided and shall for such purposes have the keys of the Church and other buildings used for parochial purposes.

121. (1) The Clergyman in Charge may freely use and enjoy the Rectory belonging to the Church and any land secured by deed to the use of the Clergyman in Charge.

(2) He shall not without the consent in writing of the Bishop-in-Council and of the Parish Council let or otherwise dispose of such Rectory or land nor shall he without the consent in writing of the Bishop reside beyond the boundaries of his Parish or Parochial District.

(3) He shall allow access by the Church wardens to the Rectory at least annually for the purposes of Section 86 (d).

(4) Should any dispute arise between the Clergyman in Charge and the Churchwardens as to responsibility to the Rectory the matter in dispute shall be referred to the Archdeacon for decision.

122. In case a Clergyman in Charge shall be legally divested of his office he shall ipso facto forfeit and be absolutely deprived of all his rights privileges and interest in or respecting all property of his office so divested.

123. All sittings in a Church shall be free for the use of parishioners and others attending any service without any payment in respect thereof provided that the Clergyman in Charge may reserve places for the use of visitors for special occasions.

DIVISION 5. Alteration of Fabric and Furnishings of Churches and Church Buildings.

124. (1) No addition to or alteration or removal of any part of the fabric of any Church or other Parochial Building shall be effected without the written approval of the Clergyman in Charge the Parish Council and the Bishop-in-Council.

(2) No monument memorial object of religious use or of religious devotion or adornment or object of furniture may be placed in any church or churchyard or any part thereof nor removed from any church or church yard or any part thereof nor may the use of such article be discontinued without authorisation by the Bishop at his discretion (herein after referred to as a Faculty) and subject to the consent of the Parish Council and the Clergyman in Charge. The method of application for Faculties shall be subject to regulations prescribed from time to time by the Bishop-in-Council.

DIVISION 6. Sale of Church Land and Disposal of Proceeds.

125. (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

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 five years before the date when the land has been sold.

(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.

(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

(a) one third to the Diocesan Trust for Ministry.

(b) two thirds to the Parish for the purposes of development within the Parish. Provided that if the Parish Council so elects and subject to the consent of Bishop-in-Council such two thirds share or part thereof may be given to:

(i) the Diocese, or

(ii) the Diocesan Trust for Ministry, or

(iii) any other Parish within the Diocese for the purpose of development.’

PART FIVE

MISCELLANEOUS PROVISIONS

126. The Clergyman in Charge of a Parish or Parochial District shall have the appointment control and dismissal of:-

(a) the organist choir members verger and sacristan whether voluntary or paid; and

(b) all personnel of every organisation responsible for religious education in the Parish or Parochial District and the Clergyman in Charge shall regulate the management of every such organisation and shall direct their religious education programmes.

127. The Clergyman in Charge of a Parish or Parochial District in consultation with the Parish Churchwardens shall have the appointment, control and dismissal of all Stipendiary Lay Officers save that the approval of the Parish Council shall be obtained with regard to the emoluments paid to such Lay Officers.

128. (1) The Bishop-in-Council may make regulations with respect to -

(a) Conducting the elections and transaction of business by Trustees or Parish Councils and settling all doubts and disputes with reference thereto.

(b) The preparation and signing of applications and other documents for the purposes of this Act;

(c) Prescribing forms for the purposes of this Act including forms for alternative use or to be used in substitution for any forms in the Schedules to this Act and all forms so prescribed or forms to the like effect shall be sufficient in law; and

(d) All matters and things by this Act authorised to be prescribed or necessary or expedient to be prescribed to give effect to this Act.

(2) All such regulations shall be laid upon the table of the Synod at its next ensuing Session and a copy of all such regulations shall be posted to each member of the Synod within fourteen days of the making thereof.

129. The words “Trustees” “Parish Churchwardens” “Church Committee” “Parish Council” “Parish Councillors” whenever the same respectively shall occur in this Act shall mean the majority of such Trustees Parish Churchwardens Church Committee Parish Council or Parish Councillors present at a meeting duly called unless the contrary be distinctly expressed.

130. When any 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 and may enlarge the time within which this Act declares any matter shall be done and may appoint any person other than the person herein named to do any act matter or thing or conduct any election and in case of failure to elect any or all of the members of any Parish Council directed by this Act may appoint the necessary number of qualified persons to give full effect to the provisions hereof or in the event of failure to elect some of the members of any Parish Council directed by this Act to be elected may direct and empower the members who have been elected to exercise and carry on the powers and duties of such Parish Council as fully and effectually as if the full number had been elected.


SCHEDULE A

(Secs. 48 & 49)

The Anglican Church of Australia

DIOCESE OF BALLARAT


Parish of ................................................................................

Parochial District of ........................................................

ELECTORAL ENROLMENT FORM


I ..............................................................................................................

(Name of person)


of ..............................................................................................................

..............................................................................................................

(Address)


declare that I am a lay communicant member of the Anglican Church of Australia having received Holy Communion at least three times in the past year in the Church of

...............................................................................................................
(Name of Church)


in the Parish of ...............................................................................................

(Name of Parish)


I have attained the age of eighteen years and I claim enrolment for the above mentioned Church in this Parish.

Signed ..............................................................................................................
(Signature of person claiming enrolment)


NOTES TO AID YOU AS YOU MAKE THIS CLAIM

A You do not need to reside in the Parish or Parochial District for which you are claiming enrolment.

B You may not claim enrolment in more than one Parish or for more than one Church or Congregation within a Parish.

C The Book of Common Prayer defines a Communicant as someone who receives Holy Communion at least three times a year of which one must be Easter. You need to have received Holy Communion not less than three times in the past year at the particular Church or Congregation of the Parish for which you claim enrolment.

D You may only vote at the Annual Meeting or Congregation for which you are enrolled.

E You may vote at any meeting of all the Electors of the Parish which may from time to time be called for such purposes as electing Representatives for Synod or other matters.












SCHEDULE B

(Sec. 50)

The Anglican Church of Australia

DIOCESE OF BALLARAT


NOTICE OF ANNUAL MEETING

NOTICE is hereby given that a meeting of the Electors of


...........................................................................................................................

(Name of Church or Congregation)


in the Parish of

.....................................................................................................


will be held according to the following arrangements :-

VENUE ......................................................................................................


DATE ......................................................................................................


TIME ......................................................................................................



FOR THE PURPOSES OF ELECTING one Guardian for this Church,

...................................................



Parish Councillors and ............................... Members of the Church Committee

and for other purposes of an Annual Meeting in accordance with the provisions

of the Parochial Government Act. Nominations in accordance with the provisions

of the Act are required to be in the hands of the Clergyman in Charge on or

before the ................................................ day of .............................................

Those wishing to vote must be enrolled as Electors within the Parish.















SCHEDULE C

(Secs. 67(a), 69 & 70).

The Anglican Church of Australia

DIOCESE OF BALLARAT

FORM OF NOMINATION TO OFFICE IN A PARISH


Name of Person to be nominated .................................................................

Name of the Office .................................................................

For the Church of Congregation of .................................................................

In the Parish of .................................................................
Signatures of two Nominators
.................................................................


Assent of the person being nominated


I assent to the above nomination:-

Signature of Nominee .................................................................

Declaration of person being nominated


I declare I am a lay communicant member of the Anglican Church of Australia having received Holy Communion at least three times in the past year in the Church or Congregation for which I seek election and I have attained the age of eighteen years and that upon taking office I will faithfully perform all the duties of my office and do my utmost to secure due conformity with the Acts of Synod relating thereto.
Signature of Declarant .................................................................


NOTES TO HELP YOU FILL OUT THIS FORM

A This form must be in the hands of the Clergyman in Charge in time to be affixed by him to the principal door of the Church before the final Sunday service immediately preceding the date of the Annual Meeting.

B The person nominated must assent and sign the Declaration before he/she is eligible for election.

C When nominating a person as Parish Churchwarden you do not need to fill out the line FOR THE CHURCH OR CONGREGATION OF, as the nomination is for the whole Parish.

D To be a person who is nominated you must be enrolled in the Parish for which you seek Election.

E To be a person who nominates someone you must be an Elector of the Parish in which the nomination is made.

F If you are nominating a person for Parish Churchwarden, Parochial Nominator or Supplementary please note that in a Parish with more than one Church or Congregation it is the Parish Council which will elect from the nominations received. In a single centre parish the Annual Meeting may choose to elect the Parish Churchwardens under Section 68 of the Parochial Government Act 1991.

SCHEDULE D


I (or we) declare that I (or we) hold the property comprised in the within Deed in trust for the purposes of the Anglican Church of Australia in the Parish or Parochial District of ............................................................. within the Diocese of Ballarat.

No. 13.
THE ECCLESIASTICAL OFFENCES ACT 1988

THE TRIAL OF ECCLESIASTICAL OFFENCES

1. In addition to heresy false doctrine breach of ritual or schism the following shall be deemed to be Ecclesiastical Offences triable under the provisions of this Act and shall be legally sufficient to justify the removal of a Clergyman in charge from the exercise of his ministerial functions and from the receipt of the emoluments of his parish or office during such suspension, viz.

(1) Unchastity.

(2) Drunkenness.

(3) Habitual and wilful neglect of ministerial duty after special admonition in writing by the Bishop with reference thereto.

(4) Insolvency or failure or disability to pay just debts without sufficient

excuse for such insolvency failure or disability.

(5) Any offence punishable by law being sinful in itself.

(6) Conduct disgraceful to a Clergyman and productive of scandal and

evil report.

2. For the proper direction and conduct of trials of Ecclesiastical Offences the Bishop shall appoint a Chancellor to preside over the Courts to be held under this Act and may also appoint an Official Principal to perform the duties and exercise the powers of such Chancellor for such time as may be necessary and also an Officer to be styled the Advocate of the Diocese and shall have power to remove such Officers from their offices.


3. At the first Session of every Synod there shall be chosen by and from the members of such Synod five persons resident in the City of Ballarat or within sixteen kilometres thereof to be a Committee of Reference for considering and reporting upon all declarations of complaint made under this Act between the time of their election and the election of their successors which shall be referred to them by the Registrar of the Diocese and there shall also be chosen by and from the members of such Synod twelve clergymen and twelve laymen to be until the election of their successors a Panel of Triers from whom shall be selected in the manner hereinafter mentioned Assessors for the Trial of Ecclesiastical Offences in respect of which Articles of Accusation shall have been exhibited under the provisions of this Act and the election of such Committee and such Panel shall be conducted in the manner hereinafter mentioned Provided that the members of the present Committee of Reference and Panel of Triers respectively shall continue in office until the first Session of the next Synod.

4. Any person being unwilling to serve on the Committee of Reference or on the Panel of Triers may give notice thereof in writing to the Registrar and thereupon the Registrar shall cause his name to be erased from such list.

5. The election of the Committee of Reference shall be decided before that for the Panel of Triers and no person elected on the Committee of Reference shall be eligible for the Panel of Triers.

6. Every person desirous of promoting a complaint against a Clergyman for an Ecclesiastical Offence other than heresy false doctrine breach of ritual or schism shall send to the Registrar in the form marked A in Schedule A and in the form marked B hereunto annexed or as near thereto as may be a declaration in the nature of a deposition signed by such person and setting forth the grounds of such complaint together with a list of the witnesses known to him and of the documentary evidence in his possession connected with such charge.

7. Any six Communicants being parishioners desirous of promoting a complaint against a Clergyman for heresy false doctrine breach of ritual or schism shall send to the Registrar in the form marked A in the Schedule or as near thereto as may be a declaration in the nature of a deposition signed by them and setting forth the grounds of such complaint together with a statement of the evidence by which they propose to prove the same.

8. Within one month of the receipt of such declaration the Registrar shall send to the Clergyman accused who throughout the proceedings shall be styled the Respondent a copy thereof addressed to him at his last known place of abode and shall request him to reply thereto within a time to be specified in such request and at the expiration of such time the Registrar shall convene a meeting of the Committee of Reference and shall submit to them such declaration and any reply that may have been made thereto and if such Committee or a majority thereof shall declare in writing that they are of opinion that Articles of Accusation should be exhibited thereupon the Registrar shall forward the declaration with the opinion so expressed to the Advocate who shall thereupon exhibit Articles of Accusation before the Chancellor of the Diocese accordingly but if the Committee or a majority thereof shall declare in writing that upon consideration of such declaration and of the reply (if any) thereto that they are of opinion no proceedings should be taken thereupon against the Respondent a copy of such opinion shall be forwarded to the parties interested and no further proceedings shall be taken on such Declaration.

9. The Committee of Reference may in any matter before them require the complainant to furnish statements in writing of the facts to which each witness will depose signed by such witness and may before making any report also require that the complainant shall obtain the undertakings in writing in the form marked B in the Schedule of all or such of the witnesses as the Committee may think proper and if such statements and undertakings are not furnished to the Committee they may decline to make any declaration of opinion.

10. The Committee of Reference may permit or direct amendment of the declaration of complaint and of the reply thereto at any time before declaring their opinion thereon.

11. The Advocate if so directed by the Bishop with the consent of the Committee of Reference shall exhibit Articles of Accusation against any Clergyman.

12. The Advocate shall not exhibit Articles of Accusation in respect of any Offence which shall for six months before the sending to the Registrar of the declaration of complaint have been known to the complainant nor shall the said Advocate exhibit Articles of Accusation at the direction of the Bishop in respect of any Offences which shall have been known to the Bishop for more than six months previous to the giving of such direction.

13. No Articles of Accusation in respect of insolvency failure or disability to pay just debts without sufficient excuse shall be exhibited unless the Bishop certify thereupon his opinion that such Accusation ought to be investigated and the Bishop shall not give such Certificate until he has in writing called upon the respondent to explain to him in writing the cause of such insolvency failure or disability and a reasonable time for furnishing such explanation has elapsed.

14. It shall be lawful for the Bishop when Articles of Accusation shall have been exhibited as aforesaid against any Clergyman to suspend such Clergyman for a period not exceeding six months pending his trial from all exercise of his ministerial functions but not from any emolument of his benefice.

15. The Articles of Accusation shall specify with reasonable certainty the offence charged and shall set out as nearly as may be the time the place and the circumstances thereof and the Chancellor may at any time before trial permit or direct the Articles of Accusation to be amended as he may think fit.

16. On the exhibition of Articles aforesaid the Chancellor shall send by post or otherwise to the Respondent addressed to his last known place of residence in the State a copy of such Articles and shall cite him to appear on a day not less than thirty days from the date of such citation before the Commission for the Trial of Ecclesiastical Offences and the Chancellor shall appoint for the trial a day and hour and a place in the Parish or District wherein the Respondent officiates or as near thereto in the Archdeaconry in which such Parish or District is situated as may be or such other place as the Complainant and Respondent may in writing mutually agree upon and shall twenty days at least before such trial give to the Respondent notice of the time and the place appointed and shall further require him to attend on the fourteenth day from the date of citation at the hour of noon at the Registry of the Diocese either personally or by his agent for the purpose of selecting in the manner hereinafter provided the Assessors of the said Commission.

17. The Commission for the Trial of Ecclesiastical Offences shall consist of the Chancellor who shall preside therein and of four Assessors two being Clergymen and two Laymen who shall be selected in the manner following that is to say the Chancellor at the time and place last aforesaid at which time and place all persons who desire may attend shall select by lot out of the Panel of Triers herein before referred to four Clergymen and four Laymen and the Advocate and the Respondent shall each of them then and there strike off from the persons so selected one Clergyman and one Layman and the four persons who shall remain not struck off shall be and shall act as Assessors Provided that if the Respondent shall fail to attend as is above directed the first two Clergymen and the first two Laymen whose names shall have been drawn shall be and shall act as Assessors And provided also that if at any time before the trial it shall appear that any such Assessor is unable to act the Chancellor shall forthwith require the Respondent or his agent to draw or agree with the Advocate in the selection of another name from the said Panel and in like manner shall continue to act until the full number of Assessors shall be obtained and the person or persons so substituted shall be Assessor or Assessors in the same manner as if he or they had been originally selected.

18. If any of the Assessors chosen as aforesaid shall fail to attend at the time and place named for any trial the case shall be tried by the Assessors then present unless the Respondent or Advocate shall object in writing thereto and in the event of such objection being made the Respondent and the Advocate may agree upon some other name or names to be chosen from the Panel of Triers in the stead of the Assessor or Assessors failing to attend and if they cannot agree thereupon the Chancellor shall select such name or names and shall adjourn the proceedings until such time as he shall think fit in order to procure the attendance at the trial of the Assessor or Assessors so named or agreed upon.

19. On the day appointed as herein before directed for trial the Assessors shall make before the Chancellor a solemn declaration in the form set forth and marked C in Schedule A hereunto annexed that they will well and truly try according to the evidence submitted to them the case then to be brought before them and after such declaration the trial shall proceed and a decision of a majority of the Assessors who shall be present thereat or if they be equally divided in opinion the decision of the Chancellor shall be the decision of the Commission Provided always that in case of heresy false doctrine breach of ritual or schism no condemnation shall be valid without the concurrence of the Chancellor.

20. If the Respondent shall after citation and notice of trial as aforesaid neglect or refuse to appear it shall be lawful for the Commission to proceed as if he were present and to enquire into and decide upon the merits of the charge in his absence.

21. If before or during the trial the Respondent shall confess the truth of the charge brought against him it shall be lawful for the Commission at once and without hearing evidence to report to the Bishop the penalty which they think ought in such case to be imposed.

22. The Commission shall hear the Respondent either personally or if he should desire by his agent.

23. It shall be lawful for the Commission to permit the Articles of Accusation to be amended at the trial Provided always that such terms as the Commission may think fit shall be imposed on the party requiring the amendment.

24. When the Commission shall proceed to trial the Witnesses before giving their evidence shall make the Declarations set forth in the form marked D in the Schedule annexed hereto And such evidence shall be reduced to writing and be signed by them.

25. If a Witness be unwilling or unable to attend in person the Chancellor may appoint a Commissary to take his testimony upon such terms as to adjournment notice and otherwise as to the Chancellor shall see fit and both parties either by themselves or their agents may examine the witness and the questions and answers shall be reduced to writing and signed by the witness and the truth of such answers declared in the form marked E in Schedule A hereunto annexed and shall be certified to by the Commissary and be transmitted to the Chancellor and be received as evidence.

26. The proceedings of the Commission during a trial shall be open to the public unless the Chancellor shall at any period of such proceedings order the same to be private.

27. It shall be lawful for the Bishop the Chancellor and the Advocate from time to time to make such orders as they may think necessary for the conduct of the business of the Commission and to repeal or alter the same and all such orders or any alteration thereof shall be laid before the Synod by the Bishop as soon as convenient.

28. The Chancellor shall without delay notify to the Bishop and to the parties to the trial the decision of the Commission which notification shall bear the day of the dispatch thereof.

29. As soon as may be after the expiration of six weeks from the date of such notification the Bishop shall give notice to the parties to the trial and to each member of the Commission of the time and the place when and where he proposes to announce the decision and if need so require pronounce the sentence and shall permit any other persons to be present thereat and if the decision be adverse to the Respondent shall after having heard such observations as the Respondent may desire to offer in arrest of judgement or in mitigation of punishment then and there pronounce sentence Provided always that if a new trial shall in the meantime have been applied for and such application shall not have been heard or shall have been heard and granted the Bishop shall postpone all further proceedings in the matter until further notice.

30. The Registrar shall make up and preserve in the Registry a Record or Abstract of the proceedings had in every case investigated by the Commission to which shall be appended the evidence and the documents and writings used in such case or copies thereof or sufficient extracts therefrom and he shall on the request of either the Complainant or Respondent furnish copies of the whole or any part thereof on payment by the person desiring the same of scrivener’s charges.

31. A new trial may be granted by the Bishop upon an application made by the Respondent thereto within one month after the notification to the Bishop of the decision of the Commission and such application shall be made in writing addressed to the Bishop and delivered to the Registrar or left at his office under the proper signature of the applicant to which he shall annex the declaration set forth in the form marked F in the Schedule hereunto annexed.

32. If a new trial be granted new Assessors shall be appointed and all the proceedings shall be conducted as before mentioned and the record of the previous trial and the documents and writings used in such case or copies thereof may be put in and received as evidence.

33. If the time limited for any purpose mentioned in this Act shall expire on a Sunday or holiday such time shall be deemed extended to the day following.

34. When and so often as there shall be no layman in the Diocese of Ballarat holding the office of Chancellor of the Diocese or if the Chancellor shall be unable or unwilling to act all acts that are by this Act required to be done by the said Chancellor and all authorities and powers thereby vested in him may and shall be done and exercised by such layman as shall for the time being hold the appointment of Official Principal in the Diocese of Ballarat as though the Official Principal had been designated in this Act instead of the Chancellor of the Diocese.

SCHEDULE

FORM A


I (or We) . . . of . . . do hereby charge the Rev . . . of . . . that he has committed the Ecclesiastical Offence of the kind hereinafter set forth that is to say that he has been guilty of (here state the offence charged) and I (or we) herewith send in support of such charge a list of witnesses now known to me (or us) and such documentary evidence as I (or we) now possess on which charge I (or we) desire that the said . . . . be duly brought to trial and I (or we) the said . . . do solemnly and sincerely declare that I (or we) do not make this charge from any private ill will towards the said . . . or with any view to my (or our) own profit and I (or we) further in like manner declare that I (or we) believe the charges laid to be substantially true.




FORM B


I . . . of . . . do sincerely intend to attend as a witness and give evidence on the trial of the above matter before the Commission for the trial of Ecclesiastical Offences.

FORM C


I do solemnly and sincerely declare that I will well and truly try the several Articles of Complaint now to be exhibited before me and that I will find according to the evidence to the best of my Judgement and ability.

FORM D


I . . . of do solemnly and sincerely declare that the evidence which in this matter I am about to give shall be the truth the whole truth and nothing but the truth.

FORM E


I solemnly and sincerely declare that the foregoing is true without any admixture of falsehood and is the whole truth so far as I know to pertain to the business and that I am not influenced in this my testimony by any motive of fear or interest.

FORM F


The grounds of application . . . .In the matter of the complaint praying for New Trial of A.B. against C.D. I . . . do hereby apply for a rehearing of the above complaint on which a decision was given on the . . . day . . . of . . . last on the ground that (here state the grounds of application for rehearing) and further I declare that I do verily believe the decision above mentioned is erroneous and ought to be reversed.


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