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Legislation of the Anglican Church in Victoria |
A Bill for an Act No 1, 2010
Professional Standards Act 2010
AN ACT relating to professional standards within the
Church,
and for other purposes
BE IT ENACTED by the Bishop, the Clergy and the Laity of the Anglican Church of Australia within the Diocese of Ballarat in Victoria duly met in Synod according to law as follows:
PART 1 – PRELIMINARY
title
1. This Act may be cited as the Professional Standards Act 2010.
Commencement
Interpretation
“abuse” means bullying, emotional abuse, harassment, physical abuse, neglect, sexual abuse or spiritual abuse;
“Bishop” means the Bishop of Ballarat and includes a person appointed Vicar-General or Commissary pursuant to the Ballarat Bishopric Act 1988 and any Administrator of the Diocese within the meaning of that legislation;
“Board” means the Professional Standards Board established under Part 9;
“bullying” means the repeated seeking out or targeting of a person to cause them distress and humiliation or to exploit them and includes exclusion from a peer group, intimidation and extortion;
“Church” means the Anglican Church of Australia;
“Church authority” means the Bishop or a person or body having administrative authority of or in a Church body to license, appoint, authorise, dismiss or suspend a Church worker and in relation to a churchwarden or vestry member elected by a general meeting of a parish, the Bishop in Council;
“Church body” includes a parish, an incumbent, Vestry of a parish, school, any body corporate, organization or association that exercises ministry within, or on behalf of, the Church;
“Church worker” means a person who is or who at any relevant time was:
(a) a member of the clergy;
(b) a lay minister;
(c) a church warden or vestry member, whether elected by the general meeting of a parish or appointed by the incumbent or appointed by the vestry or the incumbent to fill a vacancy;
(d) a treasurer appointed by the churchwardens;
(e) any other person employed or appointed by an incumbent or the Parish Council of a parish including an organist, a choir director, a member of the choir, a superintendent, teacher or officer of a Sunday school or a salaried lay officer;
(f) a person employed or appointed by a Church body (other than a person referred to in paragraph (e)) within a class of persons prescribed from time to time by the Bishop-in-Council in a protocol; or
(g) any other person holding a position or performing a function, whether voluntarily or for payment with the actual or apparent authority of a Church authority or Church body, within a class of persons prescribed from time to time by the Bishop-in-Council in a protocol—
resident in the Diocese or holding a licence or permission to officiate or other authority from a Church authority but excludes a bishop subject to the jurisdiction of the Special Tribunal of the Church;
“clearance for ministry” means in relation to ministry–
(a) within the Diocese, the licence, permission to officiate or other relevant authority as the case may be of the Bishop; and
(b) outside the Diocese, written confirmation by the Bishop that the Church worker is fit for ministry either unconditionally or subject to certain conditions or restrictions;
“code of conduct” means a code of conduct approved from time to time under Part 2;
“complainant” means a person who makes an allegation of misconduct involving a Church worker under a protocol;
“complaint” means a complaint under section 23 of this Act;
“Constitution” means the Constitution of the Anglican Church of Australia;
“Diocese” means the Diocese of Ballarat;
“Diocesan Tribunal” means the Tribunal established by the Ecclesiastical Offences Act 1988 and section 53 of the Constitution;
“Director” means the Director of Professional Standards appointed under Part 5;
“emotional abuse” means acts or omissions that have caused, or are likely to cause emotional harm or lead to serious behavioural or cognitive disorders and includes:
(a) subjecting a person to excessive and repeated personal criticism;
(b) ridiculing a person, including the use of insulting or derogatory terms to refer to them;
(c) threatening or intimidating a person;
(d) ignoring a person openly and pointedly; and
(e) behaving in a hostile manner or in any way that could reasonably result in another person feeling isolated or rejected.
“equivalent body” means a body of another diocese exercising powers, duties or functions equivalent to those of the PSC, the Board or the panel as the case may be, or where there is no such body, the bishop of the diocese;
“harassment” means unwelcome conduct, whether intended or not, in relation to a person where the person reasonably feels in all circumstances offended, belittled or threatened;
“Incumbent” in relation to a parish, means –
(a) the clerk instituted or collated to the cure of souls in the parish;
(b) if there is no such clerk, a person appointed by the Bishop to the charge of the parish; or
(c) if for a period of five weeks or more the Incumbent is absent or otherwise unable to perform duties under this Act, the Archdeacon of the area in which the parish is situated or a clerk appointed by the Bishop.
“member of the Clergy” means a person in Holy Orders;
“misconduct” means –
(a) abuse; or
(b) other conduct
by a Church worker which, if established, would call into question:
(i) the fitness of that Church worker, whether temporarily or permanently, now or in the future to hold a particular or any office, licence or position of responsibility in the Church or to be or remain in Holy Orders or in the employment of a Church body; or
(ii) whether, in the exercise of that Church worker’s ministry or employment, or in the performance of any function, the Church worker should be subject to certain conditions or restrictions
but excludes for the purposes of this Act any breach of faith ritual or ceremonial;
“ministry” means ordained ministry or lay ministry authorised under the Authorised Lay Ministry (Adoption) Act 1992 or an equivalent Act of the synod of another diocese, as the case may be.
“national register” means the national register established pursuant to the National Register Canon 2007 of the General Synod of the Church or any canon prescribed by General Synod in substitution for that canon;
“neglect” means the neglect of a child where the child has suffered, or is likely to suffer, significant harm to his or her wellbeing or development;
“physical abuse” means any intentional or reckless act, use of force or threat to use force causing injury to, or involving unwelcome physical contact with, another person but does not include lawful discipline by a parent or guardian.
“process failure” means the failure by a Church body or Church authority prior to this Act coming into effect to deal appropriately with or to investigate matters involving –
(a) abuse; or
(b) alleged inappropriate or unreasonable conduct of a Church worker who had knowledge that another Church worker had engaged in conduct constituting sexual abuse;
“Professional Standards Committee” or “PSC” means the Professional Standards Committee established under Part 4;
“prohibition order” means an order prohibiting a Church worker from holding a specified position or office in or being employed by a Church body or Church authority or from carrying out any specified functions in relation to any office or position in the Diocese or in relation to employment by a Church body;
“protocol” means any protocol approved from time to time by the Bishop-in-Council under Part 3;
“referring body” means the PSC or an equivalent body which refers a question or questions under section 56 to the Board;
“respondent” means a Church worker against whom an allegation of misconduct is made;
“Review Board” means the Professional Standards Review Board established under Part 13;
“sexual abuse” means sexual assault, sexual exploitation or sexual harassment and in relation to a child includes the use of a child by another person for his or her own sexual stimulation or gratification or for that of others;
“sexual assault” means any intentional or reckless act, use of force or threat to use force involving some form of sexual activity against an adult without their consent or against a child;
“sexual exploitation” means any form of sexual contact or invitation to sexual contact with another person, with whom there is a pastoral or supervisory relationship, whether or not there is consent and regardless of who initiated the contact or invitation. It does not include such contact or invitation within a marriage;
“sexual harassment” means unwelcome conduct of a sexual nature, whether intended or not, in relation to a person where the person reasonably feels in all circumstances offended, belittled or threatened;
“spiritual abuse” means the mistreatment of a person by actions or threats when justified by appeal to God, faith or religion where the person has suffered, or is likely to suffer, significant harm to his or her wellbeing or development.
(2) For the purposes of this Act—
(a) a person employed by a Church body; or
(b) a person holding a position or performing a function whether voluntarily or for payment with the actual or apparent authority of a Church authority or Church body—
will be taken to be engaged by a Church authority.
(3) In this Act, a reference to conduct shall be read as a reference to—
(i) doing or refusing to do any act;
(ii) refraining (otherwise than inadvertently) from doing an act; or
(iii) making it known that an act will not be done.
purposes of Act
purposes given effect to
to enter into necessary agreements and arrangements
PART 2 – CODE OF CONDUCT
may approve code of conduct
may promote code of conduct
PART 3 –PROTOCOLS
and content of protocols
(2) The protocol or protocols must include:
(a) procedures for receiving a complaint;
(b) the appointment, role and function of professional support persons and carers;
(c) provision for informing a complainant and victim of alleged misconduct, and a respondent, of rights, remedies and relevant procedures available to them;
(d) provision for assisting or supporting, as appropriate, any person affected by alleged conduct the subject of a complaint;
(e) an explanation of the processes for investigating and dealing with a complaint;
(f) provisions for dealing fairly with each party to a complaint;
(g) processes for referral to mediation and conciliation in appropriate circumstances;
(h) processes for dealing with alleged process failure;
(i) provisions for regular information, reports, advice and recommendations to the Bishop and any other relevant Church authority; and
(j) procedures for working, where necessary, with law enforcement, prosecution or child protection authorities of the States and Territories and of the Commonwealth of Australia.
knowledge and understanding of protocols
PART 4 – PROFESSIONAL STANDARDS COMMITTEE
of Professional Standards Committee
of members of Professional Standards committee
of PSC
(2) The membership of the PSC shall be constituted so as collectively to provide experience and appropriate professional qualifications in:
(a) law;
(b) the ministry; and
(c) child protection, investigations, social work, ethics or counselling.
(3) The PSC shall include at least one person who is not a member of this Church and so far as it is reasonably practicable shall have at least one man and at least one woman.
and procedures of PSC
(2) The PSC may meet from time to time as determined by the chair or a majority of its members and may conduct its business by telephone or electronic communication.
(3) Subject to any protocol and to this Act, the procedures of the PSC shall be as determined by the PSC.
(4) A majority of the members shall constitute a quorum.
(5) The PSC shall act in all things as expeditiously as possible.
and proceedings of PSC validated
may be an equivalent body of another diocese.
Power of PSC to delegate
(2) The PSC cannot delegate—
(a) its powers under subsection (1); or
(b) its powers under Parts 10, 11 and 12 of this Act.
(3) A delegation under this section must be made by instrument in writing signed by a member of the PSC in accordance with a resolution of the PSC.
and duties of PSC
(a) to implement the protocol to the extent that the protocol is not inconsistent with this Act;
(b) to receive a complaint against a Church worker;
(c) to review and monitor the work of the Director;
(d) to appoint suitable persons to fulfil the several roles required to implement any protocol in each particular case;
(e) where appropriate, to arrange for the conciliation or mediation of any complaint;
(f) where appropriate, to recommend to the Bishop-in-Council any changes to any protocol and any other changes to Church processes, structures and education programmes that would reduce the risk of misconduct in the Diocese;
(g) subject to any limit imposed by the Bishop-in-Council to authorise such expenditure on behalf of the Diocese or the Church body as may be necessary to implement, in a particular case, the protocol and the provisions of this Act;
(h) to advise any relevant Church authority or Church body as to the financial or other needs of a person affected by alleged misconduct and as to any possible or actual legal proceedings against such Church body or Church authority arising out of the alleged misconduct of a Church worker and how a parish or congregation may best be supported;
(i) where appropriate, to refer any allegation of misconduct in its possession to a member of a law enforcement, prosecution or child protection authority of a State or Territory or of the Commonwealth of Australia to which the allegation is or may be relevant;
(j) to exercise such other powers and functions as are conferred on it by this or any other Act or by a protocol.
(2) The power and duty of the PSC to exercise its functions under this Act arises in respect of—
(a) conduct wherever it is alleged to have been engaged in by a Church worker; and
(b) conduct which is alleged to have occurred within the Diocese wherever the Church worker involved in the alleged conduct may reside.
PART 5 – DIRECTOR OF PROFESSIONAL STANDARDS
of Director
(2) The Director shall be appointed by and shall hold office on such terms and conditions as may be determined from time to time by the Bishop-in-Council or in accordance with any regulations or protocol of the Bishop-in-Council.
of Director
(a) to receive any complaint on behalf of the PSC and in his or her discretion to make a complaint against a Church worker;
(b) to manage the implementation of the protocol in respect of any complaint;
(c) to be the executive officer of the PSC;
(d) to attend meetings of the PSC except for any part of a meeting which deals with conditions of employment, remuneration or performance of the Director;
(e) to provide a central focus in matters involving personal ethics and behaviour including advice about appropriate standards and enforcement;
(f) to provide or arrange care or treatment of parties to the process of any protocol.
(g) to provide input into education and vocational training programs for members of the Diocese, including those involved in managing or providing pastoral care and other community services;
(h) to provide advice to complainants and Church workers about the operation of a protocol, with particular emphasis on helping Church workers in authority to understand and discharge their responsibilities under any protocol;
(i) to keep proper records of complaints, decisions, meetings, employment screening details, police checks and people affected by allegations of misconduct;
(j) to consult and co-operate with Church associated organisations to promote consistency between them and the Diocesan protection policies and procedures;
(k) in cases of alleged illegal behaviour, to support the complainant in making a report to Victoria Police and Child Protection Service Victoria; and
(l) to report to the PSC on any recommended changes to the Protocol and any other changes to Church processes, structures and education programmes that would reduce the risk of abuse in a Diocese.
(m) such specific functions and duties as may be determined from time to time by the PSC;
(n) such other functions and duties as may be prescribed by this or any other Act or as may be determined by the Bishop-in-Council.
(2) The Director shall act in all things as expeditiously as possible.
may have corresponding capacity for another diocese.
PART 6 – MANDATORY REPORTING
matters must be reported
(2) This section does not affect the operation of the Canon Concerning Confessions 1989 of General Synod or any other canon or legislative instrument relating to confessions in force in the Diocese.
PART 7 – COMPLAINT OF MISCONDUCT
to the PSC
(2) A complaint of misconduct against a person who is not a Church worker shall be deemed to be a complaint against a Church worker under subsection (1) of this section if—
(a) the complainant and the respondent to the complaint have agreed in writing to submit the complaint to the PSC to be dealt with under this Act as if it were a complaint under subsection (1) of this section and to be bound by any decision pursuant to section 103 of the Church authority nominated by them in the submission; and
(b) the PSC has consented in writing to that submission.
of complaints
(2) A complaint must include details of the misconduct complained about.
(3) The PSC may not act on an anonymous complaint.
(4) Nothing in the preceding subsection shall prevent or restrict the PSC in the exercise of its powers under section 29(2) of this Act.
requirements of complainant
(a) give further details of the complaint; and
(b) verify any details of the complaint by statutory declaration or in another manner specified by the Director.
(2) A requirement under subsection (1) must be in writing and allow the complainant a reasonable time to comply.
PSC may respond to a complaint
(2) When the PSC and an equivalent body or equivalent bodies have the power and duty to investigate information concerning the alleged misconduct of the same Church worker and the respective bodies cannot agree on—
(a) which body shall carry out the investigation or any parts of such investigation; or
(b) whether a question or questions specified in section 56(a) should be referred to the Board or to an equivalent body which has jurisdiction—
the PSC shall refer the disagreement for decision by the Director and the persons acting in a corresponding capacity for every other diocese acting together.
(3) The PSC shall act in accordance with the unanimous decision of the persons referred to in subsection (2) or, if such persons cannot agree within a reasonable time of the disagreement being referred, in accordance with the decision of the Primate or a member of the House of Bishops appointed by the Primate.
(4) In all matters affecting the operation of this Act the PSC and the Director shall cooperate with and assist an equivalent body and a person acting in the corresponding capacity of the Director in another diocese.
(5) In making a decision under subsection (2) the Director shall not be bound by the views or instruction of the PSC but shall take into account the most convenient course for all concerned and the proper and expeditious conduct of the investigation or referral as the case may be.
may dismiss or can proceed with certain complaints
(a) the PSC is of opinion that the complaint does not fall within the provisions of this Act;
(b) the behaviour the subject matter of the complaint can properly be dealt with by other means;
(c) the subject matter of a complaint is under investigation by some other competent person or body or is the subject of legal proceedings;
(d) the person making the complaint has failed to provide further details to the Director or to verify the allegations by statutory declaration when requested by the Director to do so;
(e) the PSC is of opinion that the complaint is false, vexatious, misconceived, frivolous or lacking in substance; or
(f) the PSC is of opinion that there is insufficient reliable evidence to warrant an investigation or further investigation.
to be given notice of outcome of complaint and reasons
PART 8 – INVESTIGATIONS
PSC is to investigate
(2) The PSC may investigate the conduct of a Church worker if the PSC has reason to believe that the conduct may amount to misconduct under this Act even though no complaint has been made about the conduct or a complaint about the conduct is anonymous or has been withdrawn.
(3) If the complainant has not given written consent to the Director giving notice of the complaint to the respondent and to the PSC dealing with it under Part 12 of this Act –
(a) the PSC shall not be required to investigate the complaint and otherwise to refer it to the Board; and
(b) the PSC or the Director may dismiss the complaint or take no action in relation to the complaint.
(4) The PSC may by instrument in writing delegate, upon such terms and conditions as the PSC may approve, the powers to investigate a Church worker under this section.
to obtain material
to respond to PSC
(a) to provide a detailed report to the PSC within the time specified in the notice in relation to any matter relevant to the investigation; and
(b) to verify the report by statutory declaration or another manner specified by the PSC.
(2) It is the obligation of a respondent, subject to subsection (3):
(a) truthfully to answer any question put by or on behalf of the PSC or the Board or the Review Board in the exercise of powers conferred by this Act;
(b) not to mislead the PSC or the Board or the Review Board or a member or delegate of any of them; and
(c) not unreasonably to delay or obstruct the PSC, the Board or the Review Board or a member or delegate of any of them in the exercise of powers conferred by this Act.
(3) If a respondent declines to answer a question on the ground that the answer might tend to incriminate the person a written record shall be made of the question and of the ground of refusal.
PART 9 – PROFESSIONAL STANDARDS BOARD
of Professional Standards Board
of Board may be an equivalent body.
of the Board
of the Board
(a) law;
(b) the ministry; and
(c) child protection, investigations, social work, ethics or counselling
and shall so far as reasonably practicable have—
(d) one member of the clergy;
(e) at least one man and at least one woman; and
(f) two members who are not members of the Church.
of members of the Board
vacancies on the Board
of Board
questions decided by Board
PART 10 – SUSPENSION
or standing down or prohibition order or action action where unacceptable risk
(a) the respondent be suspended or stood down from the duties of any office or position of responsibility held by the respondent or certain of those duties;
(b) a prohibition order be made against the respondent; or
(c) such other action be taken as may be thought fit.
to be given notice
reference on notice where immediate unacceptable risk
may respond
(a) the recommendation has been made without notice and the grounds relied on;
(b) the PSC will report the recommendation to the Board at its next meeting and that the Board will consider whether the recommendation should stand; and
(c) the respondent may advance further submissions to the Board if he or she wishes to do so.
or Board to consider respondent’s response
of Board if satisfied as to unacceptable risk
(a) determine accordingly and make a recommendation to the Bishop or other Church authority that pending that outcome action be taken as referred to above in section 40;
or where the PSC has already made a recommendation under section 40—
(b) affirm or vary that recommendation; or
(c) set aside that recommendation and make another in substitution for it.
to be considered by PSC or Board before recommending
(a) the seriousness of the alleged misconduct;
(b) the nature of the material to support or negate the allegations;
(c) the extent to which any person is at risk of harm;
(d) after consultation with the relevant Church body or its representative, the effect on the respondent, a relevant Church body and on the Church in the diocese of acting and of not acting under this Part; and
(e) any other allegation of similar conduct previously made to the PSC or to an equivalent body within the previous ten years;
and may take into account any other relevant matter.
under section 103 may be exercised while matter under consideration
of a standing down or suspension
(a) if the PSC terminates the investigation without referring the matter to the Board;
(b) upon any direction to that effect given by the Bishop or other Church authority; or
(c) upon the Church authority giving effect to a recommendation of the Board or the Review Board as the case may be or such a recommendation as varied or modified by a Church authority under section 103.
of suspension, prohibition or voluntary standing down
(a) the respondent shall comply with the terms of any prohibition order;
(b) the respondent is ineligible for appointment to any position or function covered by any suspension or prohibition order;
(c) the relevant Church authority may fill the vacancy caused by any suspension or prohibition order, or while the respondent is standing down; and
(d) the respondent is entitled to whatever stipend, salary, allowances and other benefits that he or she would otherwise have received and which are to be met or reimbursed from funds of the Diocese, the Parish or other Church body as the case may be.
PART 11 – CLEARANCE FOR MINISTRY
worker to obtain clearance for ministry for purposes of ministry.
(a) to transfer from one office licence or position of responsibility in a Church body in the Diocese to another in the Diocese;
(b) to take up an office licence or position of responsibility in a Church body in the Diocese;
(c) to transfer from one office licence or position of responsibility in a Church body in the Diocese to another in another diocese; or
(d) to take up an office licence or position of responsibility in a Church body in another diocese.
of eligibility for clearance for ministry within the Diocese.
for clearance for ministry
of PSC where applicant fit for ministry
(a) in the case of an applicant for a clearance for ministry within the Diocese, that the applicant is unconditionally fit for the proposed office licence or position of responsibility; or
(b) in the case of an applicant for a clearance for ministry outside the Diocese, that the applicant is unconditionally fit for ministry—
the PSC shall determine accordingly and recommend to the Bishop to that effect.
of the PSC as to fitness by ministry
discretion regarding clearance for ministry
PART 12 – REFERENCE OF A COMPLAINT OR MATTER TO THE BOARD
to refer certain matters to the Board
(a) the conduct the subject of the complaint if established would call into question whether—
(i) the Church worker is unfit, whether temporarily or permanently, then or in the future to hold a particular or any office licence or position of responsibility in the Church or to be or remain in Holy Orders or in the employment of a Church body; or
(ii) in the exercise of a church worker’s ministry or employment or in the performance of any function, the Church worker should be subject to certain conditions or restrictions; or
(b) in connection with an application by a Church worker for a clearance for ministry, by reason of alleged abuse or other conduct the church worker may not be fit for ministry in the Church either generally or to hold a proposed office, licence or position of responsibility in the Church or may be fit subject to certain conditions or restrictions—
the PSC shall refer the matter, and an equivalent body may refer the matter, to the Board or if it is more appropriate, to an equivalent body which has jurisdiction.
PSC to refer matters
and materials to be delivered to the Board
to invite submissions from parties
may give directions as to documents and conduct of inquiry.
(a) as to the inspection by and supply of copies to the respondent or any other person of the documents or material relevant to the reference; and
(b) as to the conduct of its inquiry into the reference.
Board is to respond to a reference
(a) the final report if any of the investigator including attachments;
(b) any further material received from the complainant and the respondent; and
(c) any other relevant evidentiary material;
(d) such report of the PSC as may be submitted; and
(e) any applicable professional standards prescribed by a code of conduct.
of Board satisfied of unfitness
(a) the Church worker is unfit, whether temporarily or permanently, then or in the future to hold a particular or any office licence or position of responsibility in the Church or to be or remain in Holy Orders or in the employment of a Church body; or
(b) in the exercise of a Church worker’s ministry or employment or in the performance of any function, the Church worker should be subject to certain conditions or restrictions
the Board may determine accordingly and may recommend to the Bishop or other Church authority any one or more of the following:
(c) that the Church worker be counselled;
(d) that the Church worker be suspended from office or employment or from performing the function as the case may be for such period recommended by the Board;
(e) that the licence or authority of the Church worker be revoked;
(f) that the Church worker’s contract of employment (if any) be terminated;
(g) that the Church worker cease to hold any office then held;
(h) that the Church authority make a determination that for a specified period, whether temporary or permanent –
(i) the Church worker is unfit to hold a particular or any office licence or position of responsibility in the Church or to be or remain in Holy Orders or in the employment of a Church body; or
(ii) in the exercise of a Church worker’s ministry or employment or in the performance of any function, the Church worker shall be subject to such conditions or restrictions as the Board recommends;
(i) recommend to the relevant Church authority that a prohibition order be made in terms specified by the Board;
(j) that the Church worker’s holding of office or employment or performance of the function as the case may be, shall be subject to such conditions or restrictions as the Board may specify;
(k) that the implementation of a determination shall be suspended for such period and upon such conditions as the Board shall specify;
(l) that a person be appointed to promote a charge against the respondent before the Diocesan Tribunal;
(m) that the Church worker should be deposed from Holy Orders;
(n) otherwise as the Board sees fit.
may appoint persons to assist inquiry
may seek further information
Board may dismiss complaint
(a) makes a finding that the respondent did not commit any misconduct as alleged; or
(b) is not satisfied as to any of the matters in section 62(a) and (b) above—
the Board may dismiss the complaint or take no further action in relation to the complaint.
to act expeditiously
PART 13 – PROFESSIONAL STANDARDS REVIEW BOARD
of Review Board
Board may be an equivalent body
of the Review Board
of Review Board members
(a) a President and a Deputy President, both of whom shall be or shall have been either a judicial officer or a practising barrister or solicitor of at least 10 years’ standing of the Supreme Court of a State or Territory; and
(b) five other persons of whom at least—
(i) two shall not be members of the Church;
(ii) two shall be members of the clergy; and
(iii) three shall have professional qualifications and experience in child protection, investigations, social work, ethics or counselling.
of members of Review Board Panel
vacancies in the Review Board Panel
a Review Board
(2) For the purpose of any application to the Review Board, the Review Board shall consist of the President or Deputy President, who shall be the presiding member, and one clergy member and one lay member of the panel.
(3) So far as it is reasonably practicable, the Review Board shall include at least—
(a) one man and at least one woman; and
(b) one person who is not a member of the Church.
(4) For the purposes of this section a vacancy in the office of President includes a situation in which the President is not able to act because of a personal interest in a matter, illness or absence from the Diocese.
(5) The quorum for a meeting of the Review Board shall be all the members of the Review Board.
to the Review Board
(2) The secretary to the Review Board may act in a corresponding capacity for another diocese either generally or for a particular case or matter.
single member may constitute Review Board for certain purposes
Board may determine an application despite vacancy
constituted Review
Boards may sit simultaneously
Board’s proceedings valid despite vacancies etc
questions of law and other questions
(a) any question of law or procedure will be determined by the presiding member; and
(b) any other question will be determined by majority decision of the members, and in the case of an equality of votes the opinion of the presiding member shall prevail.
(2) Where the Review Board is constituted by a member sitting alone who is not the President or the Deputy President, any question of law that arises must be referred to the President or Deputy President for decision and any decision made on such a reference is a decision of the Board.
may make rules of the Review Board
member may determine practice and procedure of Review Board.
PART 14 – APPLICATION FOR REVIEW
Interpretation
to Review Board
and material to be delivered following application
to determine membership of Review Board
Board may exercise the powers of the Board
(a) affirm the decision under review; or
(b) vary the decision under review; or
(c) set aside the decision under review and make another decision in substitution for it; or
(d) set aside the decision under review and remit the matter for reconsideration by the Board in accordance with any directions or recommendations of the Review Board.
Board to deal with application expeditiously
PART 15 - PROCEEDINGS OF THE BOARD AND THE REVIEW BOARD
Board and Review Board to conduct proceedings
(a) shall act with fairness and according to equity, good conscience, natural justice and the substantial merits of the case without regard to technicalities or legal forms; and
(b) is not bound by the rules of evidence but may inform itself on any matter in such manner as it thinks fit.
of Board and Review Board and requirement to give recommendations.
(a) may regulate the proceedings of its meetings as it sees fit;
(b) shall hold their meetings in private and permit such persons to attend as each may in its discretion direct;
(c) may inform itself from the record of any court or tribunal and may adopt any findings, and accept as its own, the record of any court or tribunal;
(d) is not obliged to hold a hearing at which evidence is adduced or submissions heard orally; and
(e) must give reasons for any determination and recommendation, other than by way of directions in the course of an application, unless the determination is made by consent of the respondent and the PSC.
may appoint legal representation
and Review Board may receive written evidence.
and Review Board may rely on decisions of other bodies
(a) has been convicted by a court within or outside of Australia of an offence involving conduct that constitutes abuse;
(b) has been found guilty by a court within or outside of Australia (that did not proceed to a conviction) of an offence involving conduct that constitutes abuse;
(c) has made an admission that the respondent engaged in conduct constituting abuse in proceedings before a court or tribunal within or outside of Australia;
(d) has been the subject of a finding by a court or tribunal within or outside of Australia that the respondent engaged in conduct constituting abuse; or
(e) has been disqualified by a court or tribunal within or outside of Australia from professional practice on account of conduct constituting abuse
then—
(f) a certificate, reasons for judgment or other record from the court or tribunal (as the case may be) shall be conclusive evidence that the respondent engaged in the conduct constituting abuse; and
(g) neither the referring body nor the respondent shall be at liberty to call or give evidence or make submissions for the purpose of calling into question the conviction or finding of guilt of the respondent or denying that the respondent engaged in the conduct constituting abuse.
of proof applying to Board and Review Board
(2) Each of the Board and the Review Board shall scrutinize evidence with greater care if there is a serious allegation to be established, or an inherent unlikelihood of an occurrence of a given description or if there are grave consequences that would flow from a particular finding.
members of Board and Review Board not to meet with parties
where personal interest
reports
(2) A respondent or applicant for a clearance for ministry is not obliged to comply with a request of the PSC or the Board under the preceding subsection.
(3) A copy of the report of an examination under subsection (1) shall be provided to the respondent or applicant for a clearance for ministry and to the Director and the PSC, the Board and if applicable the Review Board.
of Board or Review Board as to fitness for ministry conclusive evidence
further action where Diocesan Tribunal unlikely to find respondent guilty
matters not to be inquired into
(a) inquire into any matter which is or has been the subject of any formal investigation or enquiry conducted—
(i) under or pursuant to any provision of the Constitution; or
(ii) under or pursuant to a Canon of the General Synod, a Canon or an Ordinance of another diocese relating to the discipline or professional standards of clergy or Church workers by a board of enquiry, tribunal or other body—
save to the extent of any fresh evidence that was not reasonably available during the previous formal investigation or enquiry, but may take into account the finding of any such formal investigation or enquiry; or
(b) inquire into, make any findings in relation to or take into account any alleged breach of—
(i) faith of the Church, including the obligation to hold the faith;
(ii) ritual of the Church, including the rites according to the use of the Church and the obligation to abide by such use; or
(iii) ceremonial of the Church, including ceremonial according to the use of the Church and the obligation to abide by such use.
Board and Review Board to consider
(a) the conduct of the Church worker as it finds it to have been;
(b) in the material before the Board, any other fact or circumstance relevant to the determination of the question or questions before it; and
(c) any failure of the Church worker to comply with a provision of this Act.
costs to be awarded
whom a copy of the determination and recommendation to be provided.
(a) the relevant Church authority;
(b) the complainant;
(c) the respondent; and
(d) the Director and the PSC.
PART 16 - THE BISHOP OR OTHER CHURCH AUTHORITY
authority may give effect to recommendation
(a) a recommendation of the PSC, the Board or if applicable, the Review Board or an equivalent body having jurisdiction to make a recommendation to the Church authority; or
(b) any variation or modification of that recommendation, consistent with any facts found by the body making the recommendation, as the Church authority sees fit.
of deposition from Holy Orders
(a) is incapable of:
(i) officiating or acting in any manner as a bishop, priest or deacon of this Church;
(ii) accepting or holding an office in this Church capable of being held only by a person in Holy Orders;
(b) ceases to have any right privilege or advantage attached to the office of bishop priest or deacon;
(c) shall not hold himself or herself out to be a member of the clergy; and
(d) is not capable of holding an office in the Church which may be held by a lay person without the prior consent of the Bishop.
deposition from Holy Orders effected
(2) The Bishop must forthwith:
(a) register the Instrument in the Registry of the Diocese;
(b) deliver a copy of the Instrument to the Bishop of the Diocese in which the person who is the subject of the Instrument was ordained;
(c) deliver a copy of the Instrument to the Registrar of the Primate; and
(d) cause relevant details to be forwarded to the Director for entry into the national register.
PART 17 – CONFIDENTIALITY AND PUBLICATION
of confidentiality
(a) in the course of carrying out the duties of that office or position;
(b) as may be authorised by or under this Act or any protocol;
(c) as may be authorised or required by the National Register Canon 2007 or any canon prescribed by General Synod in substitution for that canon;
(d) in any proceedings before a diocesan tribunal, a provincial tribunal or the special tribunal;
(e) as may be required by law; or
(f) to any insurer or insurance broker of a Church body or Church authority where the information may give rise to or be relevant to a claim for indemnity by the Church body or Church authority against the insurer or is relevant to obtaining or continuing insurance cover.
of disclosure to other church bodies
(a) which is information that is relevant to, or arising during the course of an investigation being undertaken by the PSC where the PSC knows that the Church worker is residing in the diocese of the equivalent body; or
(b) which is information concerning misconduct alleged to have occurred in the diocese of the equivalent body—
and shall co-operate with any equivalent body.
(2) The PSC must disclose to the Episcopal Standards Commission relevant details of information in its possession concerning the alleged conduct of a Bishop referred to in section 56(6) of the Constitution and must co-operate with the Episcopal Standards Commission.
(3) The PSC may disclose to a person or body of another church exercising powers, duties or functions similar to those of the PSC details of information in its possession concerning the alleged misconduct of a person who the PSC has reason to believe is a member or purported member of that church and the PSC must co-operate with such person or body to whom the information is disclosed.
and Review Board may publish reasons publicly
authority may publicise action taken
to report annually to Bishop and Bishop-in-Council
(2) The PSC shall, in respect of every matter with which it is dealing, report either orally or in writing to the Bishop with such frequency and as fully as the Bishop shall reasonably require.
PART 18 – INDEMNITY
of those with functions under the Act
(a) the Director and any delegate of the Director;
(b) any carer appointed under this Act or any protocol;
(c) the members of the PSC and each of them;
(d) any delegate of the PSC;
(e) the members of the Board and each of them;
(f) any person appointed by the Board pursuant to this Act;
(g) the members of the Review Board and each of them;
(h) the secretary to the Review Board; and
(i) any person appointed by the Review Board pursuant to this Act—
for any act or omission respectively by them in good faith and in the exercise or purported exercise of powers or functions, or in the discharge or purported discharge of duties under this Act.
PART 19 – REGULATIONS
may make amend or repeal regulations
PART 20 – AMENDMENTS
to Parochial Government Act 1991
PART 21 – TRANSITIONAL PROVISIONS
Interpretation
“commencement day” means the day on which this Act comes into operation;
“Director of Professional Standards” means the director of professional standards of the Diocese as constituted before the commencement day;
“Professional Standards Committee” means the professional standards committee of the Diocese as constituted before the commencement day;
already made
(a) the complaint was made before the commencement day; and
(b) the complaint has not been the subject of a recommendation by the Director of Professional Standards or the Professional Standards Committee to the Church authority before that day.
(2) On and after the commencement day the complaint is to be dealt with under this Act.
investigation
(2) On and after the commencement day the investigation is to be conducted in accordance with this Act.
to include conduct before commencement of this Act
SCHEDULE 1
TO:
I, [BISHOP OF BALLARAT] do by these presents hereby depose you from Holy Orders (particulars of which are set out below) in accordance with the recommendation of the Professional Standards Board of the [Diocese of Ballarat].
PARTICULARS OF HOLY ORDERS
FULL NAME AND ADDRESS:
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ORDAINING BISHOP
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PLACE
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DATE
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ORDINATION AS DEACON: |
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ORDINATION AS PRIEST: |
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CONSECRATION AS BISHOP: |
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DATED
SCHEDULE 2
The Parochial Government Act 1991 is amended as follows—
Amend section 19 by adding after paragraph (c) –
“(d) if the Bishop gives effect to a recommendation under and in accordance with the Professional Standards Act 2010 that the Rector or Priest-in-Charge cease to hold office.”
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URL: http://www.austlii.edu.au/au/legis/vic/anglican/psa2010d361