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THE DIOCESAN CENTRE ACT 1989-2002 (BALLARAT DIOCESE)

No.11
THE DIOCESAN CENTRE ACT 1989 - 2002

To provide for the Constitution of the Diocesan Centre and the Cathedral Church of the Diocese of Ballarat.

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

1. This Act may be cited as “The Diocesan Centre Act 1989 - 2002”.

2. (a) The Cathedral Act No. 11 of 1988 is hereby repealed.

(b) Except as in this Act expressly or by necessary implication provided

(i) all persons things and circumstances appointed or created by or under the Repealed Act or existing or continuing under that Act immediately before the commencement of this Act shall under and subject to this Act continue to have the same status, operation and effect as they respectively would have had if that Act had not been so repealed;

(ii) In particular but without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any vote dismissal financial arrangement trust contract vacancy election installation appointment co-option decision determination investment nomination payment petition electoral roll document declaration resignation title office benefit debt obligation liability or right cast effected entered into filled held made presented received signed subscribed to tendered or accepted acquired or existing filled or vacated or incurred or acquired or continuing by or under the Repealed Act immediately before the commencement of this Act.

THE DIOCESAN CENTRE

3. The Diocesan Centre shall include the Cathedral Church, the Bishop’s Registry, the Synod Hall, the building known as the Old Deanery, and all ancillary buildings on the land described in the First Schedule of this Act.

(a) The Bishop’s Registry, Synod Hall, the building known as the Old Deanery, and ancillary areas shall be administered and maintained by the Diocese which shall be responsible for their usage and all costs relating to their functioning.

(b) The Cathedral Church shall be administered and maintained by the Dean and Cathedral Council in accordance with the provisions of this Act.

(c) The facilities of the Diocesan Centre shall be available to all Parishes and organisations of the Diocese by arrangement with the administering authorities described in this Section.

THE CATHEDRAL

4. (a) The Cathedral is the Mother Church of the Diocese: it is the symbol and centre of diocesan unity, from which the Bishop exercises his ministry as teacher, pastor and overseer.

(b) The Cathedral shall be entitled “The Cathedral Church of Christ the King” and may be referred to as Christ Church Cathedral, Ballarat.

5. The Bishop is the Ordinary of the Cathedral and provided he gives due notice to the Dean the Cathedral Church shall be available to him for the celebration of the Sacraments and the preaching of the Gospel.

6. There shall be a clergyman in charge of the Cathedral who shall be at least in priests orders.

(a) He shall have the dignity and title of the Very Reverend, the Dean of Ballarat.

(b) He shall be appointed by the Bishop after consultation with the Archdeacon of Ballarat, the Canons of the Cathedral and the Cathedral Council.

(c) He shall be installed in the Cathedral by the Bishop.

(d) The Bishop shall during the vacancy of the office of the Dean exercise the rights responsibilities and privileges of that office but shall not be entitled to receive any emoluments pertaining thereto.

(e) The Dean shall have the ordering of Divine Service in the Cathedral and have all the rights, privileges, duties and responsibilities of a Rector under the provisions of the Parochial Government Act 1988 excepting as found in this Act.

7. The Dean shall have the right to appointment and dismissal of all officers of the Cathedral. They shall receive such allowances as shall be determined by the Cathedral Council from time to time provided that all clergyman so appointed shall receive at least such minimum stipends and allowances as shall be determined by the Bishop-in-Council from time to time.

CANONS OF THE CATHEDRAL

8. Canons of the Cathedral shall be clerical and lay together with any Canon Theologian appointed pursuant to Section 8B of this Act.

(a) The position of Canon is a position of honour and dignity.

(b) The number of Clerical Canons shall not exceed six and the number of Lay Canons shall not exceed six.

(c) A Canon shall not receive any emolument for his position as a Canon.

(d) A Canon may receive an allowance at the discretion of the Cathedral Council for expenses incurred in the performance of his duties as a Canon of the Cathedral.

(e) A Canon shall have the right to occupy a stall in the Cathedral.

(f) A Canon shall be installed by the Dean after receiving his licence as a Canon from the Bishop.

(g) The appointment of Canons shall be as follows:-

The Bishop may appoint any clergyman or communicant lay member of the Church to the position of Canon.

(h) Clerical Canons shall cease to hold office if:-

i. They resign in writing to the Bishop.

ii. They cease to be licensed by the Bishop.

iii. They fail to attend more than three consecutive meetings of the Chapter without leave.

iv. They cease to reside in the Diocese.

v. They have served for a period of three full Synods or have attained the age of 70 years, or have ceased from full-time ministry, whichever is the first occurring.

(i) Lay Canons shall cease to hold office if:-

i. They resign in writing to the Bishop.

ii. They cease to be communicant members of the church.

iii. They cease to reside in the Diocese.

iv. They fail to attend more than three consecutive meetings of the Chapter without leave.

v. They have served for a period of three full Synods or have attained the age of 70 years, whichever is the first occurring.

(j) When, for any cause, the Dean or Archdeacon or Clerical Canon or Lay Canon shall vacate his office, the title appertaining thereto shall be surrendered. Provided however that the Bishop shall have the right to confer upon any Dean or Archdeacon or Clerical or Lay Canon the Title of Canon Emeritus of the Cathedral, but such Canons shall not be entitled to any stall by right.

(k) Nothing in this section limits the Bishop’s discretionary power to cease the appointment of a Canon at any time or to refuse the usage of the title Canon Emeritus to any previous holder of an appointment.

8A. (1) There shall be a Chapter of Christ Church Cathedral (‘the Chapter’), the members of which shall be the Dean of Ballarat, the Canons appointed under Sections 8 and 8B of this Act, the Archdeacons of the Diocese and the Chancellor of the Diocese.

(2) Without derogating from the rights, duties and responsibilities of the Cathedral Council as established under this Act, the Chapter shall exercise a consultative role in relation to matters affecting Christ Church Cathedral and the role of the Cathedral within the Diocese.

(3) The Dean shall convene meetings of the Chapter at least quarterly, to receive a report from the Dean and to transact such business as may be appropriate. The Dean shall take the chair at such meetings, or in his absence such person as those present at the meeting may appoint.

(4) The Dean shall be the Executive Officer of the Chapter, and shall be responsible for the keeping of Minutes, Chapter correspondence, and the safe custody of all Chapter records.

(5) The Chapter may appoint such other officers and make such rules for the conduct of its business as it deems appropriate.

(6) The Chapter shall make an annual report to the Synod of the Diocese.

8B. (1) The Bishop may from time to time appoint a suitably qualified person as Canon Theologian with the designation of ‘Canon’.

(2) A person appointed as Canon Theologian shall be a member of the Anglican Church of Australia or of a Church in full communion with the Anglican Church of Australia.

(3) A Canon Theologian shall hold office for a term determined by the Bishop not exceeding three years, but may be re-appointed for one further term not exceeding three years.

(4) The duties of the Canon Theologian and any other terms of engagement shall be determined by the Bishop.

THE CATHEDRAL COUNCIL

9. There shall be a managing body of the Cathedral called the Cathedral Council hereinafter the Council and it shall consist of:-

(a) The Bishop who shall be the President of the Council. He shall have the right to attend and to chair meetings and may direct the Dean to occupy the Chair even if the Bishop is present.

(b) The Dean who save as otherwise provided in the section shall be the Chairman of the Council.

(c) The Archdeacon of Ballarat.

(d) The Bishop’s Registrar.

(e) Three lay members of the Congregation of the Cathedral who are on the Electoral Roll and who shall be elected by a meeting of the Congregation called by the Dean under the provisions of this Act.

(f) Two lay communicants who shall be appointed by the Dean.

(g) Four lay communicants who shall be appointed by the Bishop-in-Council.

(h) Any clergyman who is on the staff of the Cathedral and has been so nominated by the Dean with the concurrence of the Bishop provided that his membership shall terminate with his resignation from the staff of the Cathedral or at the discretion of the Dean.

10. Elected members of Council shall be elected at the Annual General Meeting of the Cathedral congregation which follows the first session of each new Synod and shall continue to hold office until the next such Annual General Meeting unless removed from office under the terms detailed in Clause 11. Notice of election, publication of nominations and manner of elections shall be according to the provisions of the Parochial Government Act 1988.

All appointed members of Council shall hold office from the Annual General Meeting of the Cathedral congregation which follows the first session of each new Synod and shall continue to hold office until the next such Annual General Meeting unless removed from office under the terms detailed in Section 11.

11. Resignation from Council shall be communicated in writing to the Dean. Any vacancy occurring by death resignation or removal from office (as provided in this Act or under the provisions of the Parochial Government Act 1988 dealing with members of Vestry) shall be filled by the electing or appointing body who elected or appointed the person to the position so vacated. A person so elected or appointed to a casual vacancy shall hold office for the remainder of the term. No vacancy shall be filled when the Council has less than three months remaining of its period of office unless such elections or appointments be necessary to complete a quorum.

12. Except as is provided by Section 9 (h) members of the Cathedral staff and others may be invited to any meeting of the Council by the Dean and shall have the right to speak but not to vote.

(a) It shall be lawful in the absence of the Dean and the Bishop for members of the Council to appoint one of their number to act as Chairman for that particular meeting.

(b) The Chairman of the Council shall have both a deliberative and casting vote.

(c) The convenor of the meetings of the Council shall be the Dean or in his absence the Bishop or the Archdeacon of Ballarat. The convenor may be petitioned to convene a meeting and if a majority of members of the Council so petition the convenor he shall cause a meeting to be called.

(d) The time to be given for notice of meeting shall be determined by the Council at its first meeting following election and appointment.

(e) A quorum of the Council shall be five lay members and one of the following:-

The Dean or

The Bishop or

Any clergyman of this Diocese acting as commissary to the Dean or Bishop.

14. No lay member of the Council shall be legally qualified to perform the duties of his office until he shall have subscribed to the declaration set out in the second schedule of the Act.

15. The Secretary of the Council shall be a member of the Council and shall be elected at the first meeting of the Council following the election and appointment of a new Council, or if the need arises during the term of the Council.

16. The Treasurer of the Council shall be a member of the Council and shall be elected at the first meeting of the Council following the election and appointment of a new Council or if the need arises during the term of the Council. He shall be responsible for payment of all Cathedral staff running expenses, investments and management of all Cathedral finances under the direction of the Council.

17. All trust accounts, investment accounts and other monies held by or on behalf of the Cathedral Church shall be invested with the Ballarat Diocesan Trustees excepting accounts used for the day to day management of Cathedral affairs.

18. The Council may appoint committees to deal with any matters of business and such committees shall report their activities to the Council at regular intervals. The Dean shall be ex officio Chairman of all such committees but may appoint a convertor to chair such committee meetings on his behalf. Each committee so appointed shall have power to co-opt others on terms as it sees fit.

19. The Council shall be responsible for the management of the Cathedral and shall report at each session of Synod through the Dean its affairs including the presentation of financial statements.

20. The Dean may call meetings of the Congregation at which he shall take the chair. At such a meeting the Council shall inform the Congregation of what is planned for the ministry and the mission of the Cathedral and may ask advice and help as required.

21. The Cathedral shall have no territorial parish boundaries but it shall be considered a pastoral division of the Diocese and a member of the Cathedral congregation deemed to be a parishioner as defined in Section 74 (1) of the Constitution of the Anglican Church of Australia and as an elector as defined in Section 48 of the Parochial Government Act 1988.

22. The Cathedral Congregation shall form an electoral district under the provision of the Synod Act 1988.

23. There shall be an annual meeting of the Congregation of the Cathedral. It shall be convened and regulated according to the provisions of the Parochial Government Act No.12 1988 Sections 44-48 except as provided in this Act. After prayers the business of the meeting shall be as follows:-

(a) Receipt of apologies for absence.

(b) The reading and confirmation of the Minutes of the preceding Annual Meeting.

(c) The reception of the Electoral Roll as defined in the Parochial Government Act 1988.

(d) The presentation of reports which shall include a report by the Secretary of the Council. The Dean and office-bearers of organisations connected with the Cathedral may report on their ministries.

(e) The presentation of Financial Statements as required by the Parochial Government Act 1988.

(f) Election of Synod representatives if required.

(g) At the Annual Meeting following the first session of each Synod:

i. The election of three lay members of the congregation to the Cathedral Council.

ii. The election of an auditor not being a member of the Cathedral Council. Any casual vacancy in this office shall be filled by the Cathedral Council.

(h) Any other business affecting the Church’s welfare subject to the consent of the meeting

24. Save as herein provided the provisions of the Parochial Government Act 1988 shall be lawful for the ordering and regulation of the management of the Cathedral.

SCHEDULE 1

Description of the land:-

Part of Lot No.1 on Plan of Subdivision No.125567 lodged in the Office of Titles being the land remaining untransferred in Certificate of Title Volume 2314 Folio 795 Volume 2330 Folio 938.

SCHEDULE 2

I declare that I am a communicant member of the Anglican Church of Australia, that I have attained the age of eighteen years and that upon taking office as a member of the Cathedral Council 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.

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(Signature of Declarant)