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STANDING ORDERS ACT 1988 (BALLARAT DIOCESE)

No. 6
STANDING ORDERS ACT 1988
STANDING RULES AND ORDERS OF THE
SYNOD OF THE DIOCESE

As amended by the Standing Orders Amendment Act 1992, the Standing Orders Amendment Act 1996 and the Standing Orders Amendment Act 1997

General Conduct of Business

1. That in all cases not hereinafter provided resort shall be had to the Standing Rules and Orders of the Legislative Assembly of Victoria which shall be followed so far as the same are applicable to the proceedings of this Synod and not inconsistent with these Rules and Orders.

2. The Bishop of Ballarat or his Commissary shall be the President of Synod and the President shall take the chair at the hour appointed for the meeting of the Synod and if at the expiration of half an hour after the hour appointed there be not a quorum the President shall adjourn the Synod to a later hour until the next sitting day.

2A. (1) The Bishop-in-Council shall prior to each meeting of Synod appoint a committee of members of Synod to be called the Synod Business Committee.

(2) The members of the Synod Business Committee shall be the Chancellor, the Advocate, the Registrar, the Clerical Secretary of Synod, the Lay Secretary of Synod, and up to two further members as Bishop-in-Council may determine.

(3) The aims of the Committee shall be:

(a) to arrange the business of the Synod in such a way as will, in its opinion, best facilitate Synod’s dealing with the business before it from day to day; and

(b) to cause to be proposed to Synod such motions relating to the order of business as, in its opinion, are desirable to achieve this aim.

(4) The duties of the Committee shall be:

(a) subject to Standing orders, the Interpretation Act 1988 and nay orders of Synod, to classify and arrange the business of Synod from day to day, including the order to presentation of bills and motions of which notice has been duly given; and

(b) to offer advice as required to the presenters of Bills and the movers of motions on the drafting of such bills and motions.

Quorum, Prayers, Order of Proceedings

3. That forty members of whom twenty shall be lay members and twenty clerical members shall constitute a quorum and that if at any time after the commencement of the business of the day on any member moving that the Synod be counted there be not a quorum present the President shall by his own authority adjourn the Synod.

4. That the Synod shall be opened with such prayers as are decided by the President after which the minutes of the previous meeting shall be dealt with as hereinafter provided and the business shall then proceed in the following order:

1. Questions.

2. Petitions.

3. Reports.

4. Notices of Questions and of Motions.

5. Orders of the Day.

6. Motions according to the Order of their Notice.

5. That all the proceedings of the Synod shall be recorded by a Secretary thereof or by the Registrar of the Diocese and such Secretary or Registrar shall cause the same to be fairly copied into a minute-book and before the commencement of the business of the next day of meeting of the Synod the minutes so copied shall be read by the President and if he be satisfied as to the correctness thereof he shall state the fact to the Synod and sign the same but shall if requested so to do by any member of the Synod cause the minutes or any portion thereof to be read to the Synod before attaching his signature thereto and in that case such signature shall not be attached unless a majority of the members of the Synod then present assent to the correctness of the minutes as entered.

6. That the Registrar of the Diocese shall have the charge of such minutes when signed and shall preserve the same in the Registry of the Diocese and the same shall be open at all reasonable times to the inspection of the members of the Synod.

7. That a record of every division list be made by the Registrar.

8. That the President may take part in all the proceedings of the Synod as fully as though he were an ordinary member thereof with the exception of voting but shall be allowed in the case of an equality of votes upon any division to give a casting vote.
9. That a question being put shall be resolved in the affirmative or negative by the majority of voices “aye” or “no” or by a show of hands.

10. That the President shall state whether in his opinion the “ayes” or the “noes” have it and unless his opinion be acquiesced in by the minority the question shall be determined by a division.

11. That whenever a division shall be demanded by any member of the Synod the members present shall divide themselves into two orders the one being lay and the other clerical and the members of each order shall then in separate classes take their seats the “ayes” on the right and the “noes” on the left of the chair respectively and the President shall appoint one clerical and one lay Teller from either side and shall declare which has the majority from written lists of each class of members voting on each side to be handed to him by the Tellers PROVIDED that where the Church Constitution Act or any Regulation Act or Resolution made thereunder shall not require the votes of the clergy and those of the laity to be taken separately the clerical and lay members shall vote in one class the “ayes” on the right and the “noes” on the left of the chair.

11A.(1) A question shall be decided by ballot if -

(a) the Bishop or Chairman of Committees so determines; or

(b) a majority of the Synod voting as a whole or of the Committee of the whole Synod on a motion "That the question be decided by ballot" so decides.

(2) A motion referred to in paragraph (1) (b) may be moved without notice at any time prior to the question being put.

(3) A ballot shall be conducted in the following manner:

(a) A single piece of paper of one colour for members of the House of Laity and of a different colour for members of the House of Clergy shall be handed to each member of the Synod present by such person or persons or in such manner as the Bishop or Chairman shall direct;

(b) No member who has received a ballot paper may leave the Synod until directed by the Bishop or Chairman;

(c) When the Bishop or Chairman is satisfied that all ballot papers have been distributed, he shall direct that no member may enter the Synod until he so allows;

(d) A member voting in favour of the motion shall write "Yes" on the paper and a member voting against the motion shall write "No" on the paper. A paper which contains neither "Yes" nor "No" shall be treated as informal and shall not be counted for or against;

(e) All ballot papers distributed shall be returned in such manner as the Bishop or Chairman shall direct, and when satisfied that all papers have been returned he may direct that members may enter or leave the Synod;

(f) The Bishop or Chairman shall appoint tellers who shall forthwith count the votes, if necessary in houses, for and against and any informal votes, and one of the tellers shall inform the Bishop or Chairman of the result which shall be announced by the Bishop or Chairman.

12. That no member shall digress from the subject-matter of the question under discussion or comment upon the words used by any other member in a previous debate and that all imputation of improper motives and all personal reflections upon members shall be considered highly disorderly.

13. That a member called to order shall sit down until permitted to explain.

14. That when in consequence of highly disorderly conduct the President shall call upon any member by name such member shall withdraw so soon as he has been heard in explanation and after such member’s withdrawal the Synod shall at once take the case into consideration and on any motion being made to suspend such member from the service of the Synod no amendment adjournment or debate shall be allowed.

15. That no notice save and except a notice given under the provisions of standing order 16 shall be received or set down in the notice-paper unless the giver thereof shall at the time of giving notice have read the same aloud in the Synod.

16. That no member shall make any motion initiating any subject for discussion but in pursuance of notice given in writing at a previous meeting of the Synod unless such motion be made on the first day of meeting in pursuance of a notice given by circular or otherwise to each member of the Synod a reasonable time before such day of meeting or in the last number of the official organ of the Diocese which shall have been published not less than one week before the first day of such meeting And the President of the Synod shall be the sole judge of the sufficiency of such notice in the event of any objection being made thereto by any member of the Synod.

17. After any question has been proposed either in the Synod or in any Committee of the whole a motion may be made by any member rising in his place and without notice and whether any other member is addressing the chair or not “that the question be now put” and unless it shall appear to the President or Chairman that such motion is an abuse of the rules and forms of Synod an infringement of the rights of the minority or is moved for the purpose of obstructing business the motion “that the question be now put” shall be put forthwith and decided without amendment or debate and no other motion shall be made or question of order raised until such motion has been disposed o£

18. When the motion” That the question be now put” has been carried and the question consequent thereon has been decided any further motion may be at once made to bring to a decision any question already proposed from the Chair and if a clause be then under consideration a motion may be made “That the question That certain words of the clause defined in the motion stand part of the clause or That the clause or the clause as amended stand part of or be added to the Bill be now put,” Such motions (the assent of the President or Chairman as aforesaid not having been withheld) shall be put forthwith and decided without amendment or debate and no other motion shall be made or question of order raised until such motion has been disposed of.

19. If a motion “that the question be now put” be negatived no similar motion shall be received within half an hour of the declaration of the preceding decision.

20. A motion without notice may be made “That a member who is speaking be not further heard” and if it shall appear to the President or Chairman that such member has already had full opportunity of stating his views on the question and is using his right to speak in such a manner as to be an abuse of the rules and forms of Synod or for the purpose of obstructing business and that such motion if carried would not be an infringement of the rights of the minority the motion “That the member who is speaking be not further heard” shall be put forthwith and decided without amendment or debate and no other motion shall be made or question of order raised until such motion has been disposed of.

21. That it shall be in order on the presentation of any document except a petition to move without notice that it be printed and to appoint a day for its consideration.

22. Subject to nay direction of the Synod Business Committee, the Registrar or Secretary shall prepare a notice paper of the business of every meeting and shall place on the notice-paper in the order in which they are received all notice of motions given at a previous sitting of the Synod which notice-paper shall be laid on the table of the Synod at the hour of meeting and the business shall be called on in the order in which it stands on the notice-paper.

23. Before the orders of the day or the motions are proceeded with the President at each sitting shall read over the motions on the Business Paper and any motion may be taken as a formal motion unless objection be taken thereto by the word “object” being called and such motion being declared formal shall be declared forthwith put from the Chair and no debate shall be allowed on such formal motion and the remaining motions shall be moved in the order in which they stand on the notice paper and if not so moved shall be expunged therefrom unless it be otherwise determined by the Synod.

AMENDMENTS

24. That an amendment proposed but not seconded will not be entertained by the Synod nor entered in the minutes of proceedings and when any amendment is before the chair the debate shall be strictly confined to such amendment.

25. That a question having been proposed may be amended (1) by leaving out certain words only (2) but leaving out certain words in order to insert or add other words or (3) but inserting or adding words.

26. When the proposed amendment is to leave out certain words the President shall put a question “That the words proposed to be omitted be omitted” which shall be resolved by the Synod in the affirmative or negative as the case may be.

27. That when the proposed amendment is to leave out certain words in order to insert or add other words the President shall put a question “That the words proposed to be omitted be omitted” which if resolved in the negative will dispose of the amendment but if resolved in the affirmative and there is no motion before the Synod for amending the proposed amendment another question shall be put “That the words (of the amendment) proposed to be inserted (or added) in the place of the words omitted be so inserted (or added)” which shall be resolved in the affirmative or negative as the case may be.

28. That when the proposed amendment is to insert or add certain words the President shall put a question “That such words be inserted (or added)” which shall be resolved in the affirmative or negative as the case may be.

29. That no amendment shall be proposed in any part of a question after a later part has been amended or has been proposed to be amended unless the proposed amendment has been by leave of the Synod withdrawn.

30. That no amendment shall be proposed to be made to any words which the Synod has already agreed to or which the Synod has resolved shall be inserted in or added to a motion except the addition of other words thereto.

31. That a proposed amendment may be by leave of the Synod withdrawn.

32. That when an amendment has been proposed from the Chair amendments may be moved thereto as if such proposed amendment were an original question.

33. That when amendments have been made the main question as amended shall be put.

34. When amendments have been proposed but not made the question shall be put as originally proposed.


PREVIOUS QUESTIONS

35. When it is desired to avoid or postpone a decision on any question it shall be competent for any member to move the “Previous question” and it shall be put by the president thus—”Shall the question be now entertained?”




LAPSED QUESTIONS

36. That if a debate on any motion moved and seconded be interrupted by the Synod being counted out such debate may be resumed at the point where it was so interrupted on motion upon notice.

37. That if a debate upon any order of the day be interrupted by the Synod being counted out such order may be restored to the paper for a future day on motion upon notice and then such debate shall be resumed at the point where it was so interrupted.

COMMITTEES OF THE WHOLE SYNOD

38. That a member shall be appointed Chairman of Committees and when so appointed shall continue to act as such Chairman during the continuance of the Synod unless the Synod shall direct otherwise.

39. That the same number of clerical and lay members shall be required to form a quorum in Committee of the whole Synod as are required to form a quorum of the Synod.

40. The several rules for maintaining order in or restricting debate shall be observed in every Committee of the whole House but no motion for the previous question can be made in Committee.

41. That if the discussion of any question in a Committee of the whole Synod be interrupted for want of a quorum the Synod may whenever it deems fit resolve itself into a Committee of the whole Synod and the discussions of such question shall then be resumed at the point where it was so interrupted.

42. That Voting and Divisions and Ballots when demanded shall be taken in Committee of the whole Synod in the same manner as in the Synod itself and in the case of an equality of votes the Chairman shall give a casting vote.

43. That a motion made in Committee of the whole Synod need not be seconded.

44. That in Committee of the whole Synod Members may speak more than once to the same question.

45. That the same order in debate shall otherwise be observed in Committee of the whole Synod as in the Synod itself.

46. That a resolution that the Chairman do now leave the Chair shall supersede the proceedings of a Committee.

47. That when a bill or other matter has been partly considered in Committee and the Chairman has been directed to report progress and ask leave to sit again and the Synod has ordered that the Committee shall sit on a particular day the President when the order for the Committee has been read shall forthwith leave the chair without putting any question and the Synod thereupon resolves itself into such Committee.

SELECT COMMITTEES

48. That it shall not be compulsory on the President to serve on any Select Committee.

49. That no Select Committee shall consist of less than five or more than eleven members and the notice of motion appointing such shall contain the names of the members proposed to serve on such Committee whose consent shall have been previously obtained and it shall be in the power of any member of the Synod to propose any other name or names of persons who have consented to serve on such Committee and all the names thus proposed with those in the original motion shall form such Committee but if the number exceed the number to be elected then the election shall be by ballot. In all cases the President shall nominate a Convener.

50. That Select Committees shall choose their own chairman who shall sign the Report and unless directed specially to report to the Synod during the sessions in which they are appointed shall have power to sit during the recess and to report at the next Session and every Select Committee shall continue in existence until its report shall have been finally disposed of or permission for its dissolution shall have been given.

51. That the quorum of every Select Committee shall be fixed at the time of appointing such Committee.

PETITIONS

52. That all petitions presented to the Synod must be in general accordance with Parliamentary practice.

SUSPENSION OF STANDING RULES AND ORDERS

53. That any Standing Rule or Order may at any time be suspended on motion with notice carried in the usual way and any Standing Rule or Order may also be suspended without notice with the consent of all the members present.

54. The Synod at any time or from time to time close its doors and sit in private in consequence of a ruling by the Chair or of a motion made seconded and put to vote without debate and in dealing with cases or questions which have been declared by the Chair to affect character or partake of the nature of personal disputes or misunderstandings the Synod shall deliberate and decide thereon in private unless a motion to the contrary duly made and seconded is carried and every such motion shall be put to the Synod without discussion.




CONTINUANCE OF LEGISLATION

55. If in any Session any Bill shall have passed through the second reading but has not been carried through its further stages by reason of the prorogation of the Synod such Bill may at the next Session of the same Synod by unanimous Resolution of the House be resumed at the stage which it had reached at the preceding Session.

REGULATIONS ACTS OR RESOLUTIONS

56. That all Regulations Acts or Resolutions of the Synod to be made done or come to by the Synod which may concern the position rights duties and liabilities of any member or clergyman of the Anglican Church of Australia or any person in communion therewith in regard to the ministry membership or communion or which may concern the right of nomination in or management of the said Church shall be called “Acts” of the Synod of the Anglican Church of Australia in the Diocese of Ballarat and shall be brought before the Synod in the manner provided by the Interpretation Act and shall be debated first in principle and then as a Committee of the whole Synod in detail provided that in Committee the Sections of the Bill shall be debated before the Preamble (if any) and the Title and the Synod shall then at such time as it pleases receive the report of the Committee and decide by resolution whether to accept the Bill with or without amendment Such proposed Regulations Acts or Resolutions while under consideration by the Synod shall be styled “Bill” during the progress thereof through the Synod.

57. That every such “Bill” shall immediately after it shall have passed the Synod be printed and authenticated by the Registrar of the Diocese as the Bill to which the Synod has agreed and thereupon he shall certify the day on which such Bill did pass and shall present such Bill to the Bishop of the Diocese for his assent.

58. That the assent of the Bishop of the Diocese or his refusal to assent to any Bill that shall have been passed by the Synod shall with all convenient speed after the assent or refusal of assent by the Bishop shall have been declared by him to the Registrar of the Diocese be notified by such Registrar to the members of the Synod and such Registrar if such Bill shall have been assented to shall cause the same so soon as the Bishop’s assent has been endorsed thereon or subscribed thereto to be duly registered as an Act of the Synod of the Anglican Church of Australia within the Diocese of Ballarat and preserved in the Registry of the said Diocese and a copy may be furnished to each member of the Synod each Vestry and Church Committee in such way and on such terms as the Bishop-in-Council may deem fit.

59. (1) An Act of the Synod shall be made by:

(a) The Synod resolving that the Bill be now read a first time;

(b) The Synod agreeing (if that be the case) to the Bill in principle by resolving that the Bill be now read a second time;

(c) The Committee then considering the Bill in detail and passing it with or without amendment, unless the Synod resolves without dissent that consideration of the Bill by the Committee is unnecessary; and

(d) The Synod then resolving the Bill be now read a third time.

(2) A motion that a bill be now read a first time shall, unless the Synod otherwise resolves, be put forthwith without debate.

(3) When the Synod has resolved that a Bill be now read a first time a motion may be put forthwith without notice:

(a) That the Bill be now read a second time; or

(b) That the second reading be an order of the day for another time;

but if no such motion is put and passed the second reading is an order of the day for the following sitting of the Synod.

(4) When a motion that a Bill be now read a second time has been spoken to by the mover and seconder, the president shall, before the debate continues, allow questions to be asked of and replied to by the mover or seconder to assist members to elucidate the purpose and intended effect of the Bill.

(5) When the Synod has resolved that a Bill be now read a second time, the Synod shall, without any motion to that effect, forthwith be deemed to have resolved itself into Committee to consider the Bill in detail, unless the Synod resolves without dissent that consideration of the Bill by the Committee is unnecessary or by majority that consideration of the Bill by the Committee be an order of the day for another time.

(6) When the Committee sits to consider a Bill in detail the Chairman may enquire whether any member intends to propose an amendment or ask a question on any Clause of the Bill and, if no member so intends, the Chairman may declare that the Committee has completed its consideration of the Bill, and shall thereupon report it as having passed through Committee without amendment.

(7) The Chairman may allow a Bill to be considered in Committee;

(a) As a whole;

(b) Clause by clause; or

(c) By groups of Clauses or by groups of Clauses and single Clauses;

as the Chairman in his or her discretion considers will best facilitate consideration of the amendments of the Bill that sre to be proposed.

(8) If the Bill is not taken as a whole in Committee:

(a) The title and preamble (if any) are postponed until the Clauses have been passed;

(b) The Chairman shall put the question in respect of each Clause or each group of clauses, as the case requires, that it stand part of the Bill, either as printed or as amended as the case may be; and

(c) When the Clauses have all been considered and agreed to either with or without amendment, the questions shall be put, first that the preamble (if any) stand part of the Bill, and then that the title of the Bill be as printed.

60. Where there occurs any conflict between the provisions of Section 59 and those of any other Sections of this Act the provisions of Section 59 shall prevail.