January 20, 2019

Regulations

1

 

THE UNITING CHURCH IN AUSTRALIA

 

REGULATIONS

 

CONTENTS

 

Definitions

 

1. Membership

 

1.1 General

1.1.1 Recognition of Members

1.1.2 Forms of Membership

1.2 Baptised Members

1.2.1 Baptised Members

1.2.2 Record of Baptisms

1.2.3 Baptismal Certificate

1.2.4 Nurture of Baptised Persons

1.3 Confirmed Members

1.3.1 Confirmed Members

1.3.2 Preparation for Confirmation

1.3.3 Conditions and Mode of Confirmation

1.3.4 Confirmed Members Roll

1.4 Members-in-Association

1.4.1 Members-in-Association

1.4.2 Admission of Members-in-Association

1.5 Member’s Right to Vote

1.6 Membership Rolls

1.6.1 Membership Rolls

1.6.2 Removal of Name from Roll

1.6.3 Inspection of Rolls by Presbytery

1.7 Transfers

1.7.1 Transfer of Members

1.7.2 Admission of Members by Transfer

1.8 Adherents

1.8.1 Adherents

1.8.2 Privileges and Responsibilities

 

2. Ministry

 

2.1 Definitions

2.2 Definition and Scope of the Specified Ministries

2.2.1 Duties of a Minister

2.2.2 Definition and Scope of the Ministry of Pastor

2.2.3 Definition and Scope of the Ministry of Lay Preacher

Closed Ministries – Definition and Scope

2.2.4 Youth Worker

2

2.2.5 Lay Pastor

2.2.6 Community Minister

2.3 Candidature and Selection

2.3.1 Period of Discernment

2.3.2 Process for Candidature for Minister

2.3.2.1 Qualifications Required for an Applicant for

Candidature

2.3.2.2 Application for Candidature for Minister

2.3.2.3 Presbytery Responsibilities in Selection of

Candidates for Minister

2.3.2.4 Selection Panel of Candidates for Minister

2.3.2.5 Right of Appeal against the Decision of the

Presbytery or the Selection Panel

2.3.2.6 Change of Ordained Ministry

2.3.2.7 Termination of Candidature

2.3.3 Process for the Selection of a Pastor

2.3.4 Process for Candidature and Selection of Lay Preachers

2.4 Formation, Education and Recognition

2.4.1 Formation and Education for a Minister

2.4.2 Pastoral Care of Candidates and Certificated Candidates

2.4.3 Competency Development for Ministry of Pastor

2.4.4 Training for a Lay Preacher

2.4.5 Recognition and Ordination of a Minister

2.4.6 Recognition of Ministry of Pastor

2.4.7 Recognition of Lay Preachers

Closed Ministries – Formation, Education and Recognition

2.4.8 Candidature Process for Community Minister

2.4.9 Youth Worker Accreditation

2.5 Process for the Admission of Ministers

2.5.1 Admission of Minister from Another Denomination

2.5.2 Admission of a Former Minister

2.6 Designation, Placement and Appointment

2.6.1 Designation of Ministers

2.6.2 Eligibility of Minister for Call

2.6.3 Creating Approved Placements

2.6.4 Priority Placements

2.6.5 Issuing Calls

2.6.6 Placement Process for a Congregation or Presbytery

Placement

2.6.7 Placements Other Than Congregations and Presbyteries

2.6.8 Extension of Congregation Placements beyond the Tenth

Year

3

2.6.9 Designating an Appointment as Appropriate for the Ministry

of Pastor

2.7 Stipends and Conditions

2.7.1 Stipend

2.7.2 Conditions of Placement

2.7.3 Conditions of Placement for Ministers

2.7.4 Conditions of Appointment for a Pastor

Closed Ministries – Stipends and Conditions

2.7.5 Conditions of Placement for Youth Workers and Lay

Pastors

2.7.6 Conditions of Appointment for Community

Ministers

2.8 Induction, Commissioning and Commencement Services

2.8.1 Induction

2.8.2 Commissioning of a Pastor

2.8.3 Service to Mark the Commencement of a Placement of a

Youth Worker or Lay Pastor

2.9 Accountabilities and Memberships

2.9.1 Accountability of a Minister

2.9.2 Accountability of a Pastor

2.9.3 Membership of a Minister

2.9.4 Membership of a Pastor

2.9.5 Membership Entitlements of a Minister from Another

Denomination

Closed Ministries – Accountabilities and Memberships

2.9.6 Accountability of A Youth Worker, Lay Pastor or

Community Minister

2.9.7 Membership of a Youth Worker, Lay Pastor or

Community Minister

2.10 Termination and Withdrawal of Recognition

2.10.1 Termination of Placement of a Minister, Youth Worker or

Lay Pastor

2.10.2 Termination of Recognition of a Pastor

2.10.3 Withdrawal of Recognition of a Minister

2.10.4 Withdrawal of Recognition of a Lay Preacher

Closed Ministries – Termination and Withdrawal of Recognition

2.10.5 Termination of Appointment of a Community

Minister

2.10.6 Withdrawal of Accreditation of a Youth Worker

2.10.7 Withdrawal of Recognition of a Lay Pastor

2.11 Collegiate and Team Ministry Relationships

2.11.1 Ministers-in-Association

2.11.2 Collegiate Ministry

4

2.11.3 Ministry Teams

 

3. Government and Administration

 

3.1 Responsibilities of Congregations and Councils

3.1.1 Purpose and Responsibilities of a Congregation

3.1.2 Responsibilities of the Church Council

3.1.3 Responsibilities of the Presbytery

3.1.4 Consultation on Life and Witness of a Congregation

3.1.5 Responsibilities of the Synod

3.1.6 Responsibilities of the Assembly

3.2 Uniting Aboriginal and Islander Christian Congress

3.2.1 Membership

3.2.2 Responsibilities

3.2.3 Governing Structure

3.2.4 Officers

3.2.5 Reports to Assembly and Synods

3.2.6 Transfers of Property to Aboriginal Organisations

3.3 Membership of Councils

3.3.1 Church Council

3.3.2 Election of Elders and Church Councillors

3.3.3 Termination of Office of Elder and Church Councillor

3.3.4 Membership of the Presbytery

3.3.5 Associate Members of the Presbytery

3.3.6 Terms of Appointment of Members of the Presbytery

3.3.7 Membership of the Synod

3.3.8 Membership of the Assembly

3.3.9 Membership of the Assembly Appointed by Synods

3.4 Formation, Alteration and Dissolution of Congregations or Councils

3.4.1 Formation and Recognition of a Congregation

3.4.2 Relationships between Congregations

3.4.3 Dissolution of a Congregation

3.4.4 Amalgamation or Division of Congregations

3.4.5 Formation of the Church Council of a Congregation

3.4.6 Formation of a Presbytery

3.4.7 Dissolution or Alteration of the Bounds of a Presbytery

3.4.8 Formation of a Synod

3.4.9 Dissolution or Alteration of the Bounds of a Synod

3.5 Meetings of Congregations and Councils

3.5.1 Meetings of the Congregation (Including the Membership of

the Meeting of the Congregation)

3.5.2 Meetings of the Church Council

3.5.3 Special Meetings of the Church Council

3.5.4 Meetings of the Presbytery

5

3.5.5 Special Meetings of the Presbytery

3.5.6 Meetings of the Synod

3.5.7 Special Meetings of the Synod

3.5.8 Meetings of the Assembly

3.6 Officers of Councils

3.6.1 Officers of the Church Council

3.6.2 Officers of the Presbytery

3.6.3 Officers of the Synod

3.6.3.1 Election of the Moderator

3.6.3.2 Duties of the Moderator

3.6.3.3 Appointment of the Secretary of Synod

3.6.3.4 Duties of the Secretary of Synod

3.6.4 Officers of the Assembly

3.6.4.1 Appointment of the President

3.6.4.2 Duties of the President

3.6.4.3 Presidential Rulings

3.6.4.4 Appointment and Duties of the General Secretary

3.7 Committees, Boards and Other Bodies of Councils of the Church

3.7.1 Church Council Committees

3.7.2 Presbytery Committees

3.7.3 Pastoral Relations Committee

3.7.4 Synod Committees, Boards and other Bodies

3.7.4.1 Synod Standing Committee

3.7.4.2 Advisory Committee on Ministerial Placements

3.7.4. Ministerial Education Board

3.7.4.4 Theological Colleges

3.7.4.5 The Faculty

3.7.4.6 Financial Transactions and Investments Body

3.7.4.7 Institutions

3.7.5 Assembly Committees Boards and Other Bodies

3.7.5.1 Assembly Standing Committee

3.7.5.2 Audit, Finance and Risk Committee

3.7.5.3 Ministerial Education Commission

3.7.5.4 Beneficiary Fund

3.8 Regulations that Apply to All Councils

3.8.1 Principle for Appointments

3.8.2 Appointment of Committees

3.8.3 Other Officers

3.8.4 Conduct of Meetings

3.8.5 Quorums for Meetings

3.8.6 Funds of Councils

3.8.7 Accounting and Audit

3.9 Alternative Local Church Structures

6

3.9.1 Parish Missions

3.9.2 Faith Communities

3.9.3 Church Councils in Small Congregations

3.10 Exemptions, Alternatives and Alterations

3.10.1 Exemption and Alternative Regulations

3.10.2 Alterations to Regulation

 

4. Property

 

4.1 Definitions

4.2 Synod Property Board

4.2.1 Functions of Property Board

4.2.2 Delegation to Presbytery

4.2.3 Membership

4.3 Presbytery Property Committee

4.4 The Church Council

4.4.1 Responsibility for Property

4.4.2 Notice of Business

4.5 Property Other Than Congregational Property

4.6 Property Dealings

4.6.1 Property Proposals

4.6.2 Leases

4.6.3 Property Transactions

4.6.4 Applications for Approval

4.7 Execution of Documents and Making of Agreements

4.7.1 Certification of Documents and Agreements

4.7.2 Execution of Deeds

4.7.3 Making of Agreements and Execution of Documents Not

Under Seal

4.7.4 Documents Consequential of an Agreement

4.7.5 Agreement to be Binding

4.8 Application of Proceeds of Sale

4.9 Legal Actions and Arbitrations

4.10 Assembly Property

4.11 Miscellaneous

4.11.1 Unsafe Buildings

4.11.2 Indemnity

4.11.3 Custody of Deeds

4.11.4 United Work

4.11.5 To Furnish Information

4.11.6 Register of Properties

4.11.7 Inspection of Register

4.11.8 Returns

4.11.9 National Property Policy

7

4.11.10 Classifying Property for Alternative Missional Use

 

5. Church Discipline

 

5.1.1 Definitions

5.1.2 Discipline in the Church

5.1.3 By Whom Exercised

5.2 The Discipline of Members

5.2.1 Pastoral Care of Members

5.2.2 Suspension or Termination of Membership

5.2.3 Right of Appeal

5.2.4 Restoration of Membership

5.2.5 Allegation of Sexual Misconduct against Members or

Adherents

5.3 The Discipline of Officers

5.3.1 Responsibility of Officers

5.4 The Counselling and Discipline of Ministers

5.4.1 Complaints

5.4.2 Responsibilities of the Presbytery

5.4.3 Responsibilities of Pastoral Relations Committee

5.5 Synod Committee for Counselling

5.6 Synod Sexual Misconduct Complaints Committee

5.6.1 Introduction

5.6.2 Definitions

5.6.3 Complaints of Sexual Misconduct

5.6.4 Committee

5.6.5 Advisers

5.6.6 Convenor of Advisers

5.6.7 Make a Complaint

5.6.8 Receiving a Complaint

5.6.9 Attendance at Meetings

5.6.10 Investigation and Response to Complaints

5.6.11 Procedural Fairness

5.6.12 Resignation

5.6.13 Therapy Expenses

5.6.14 Confidentiality and Privacy

5.6.15 Appeal

5.6.16 Legal Proceedings

5.6.17 Putative Abuse

5.6.18 New Placement

5.7 Synod Committee for Discipline

5.7.1 Appointment

5.7.2 Complaints

5.7.3 Meetings

8

5.7.4 Process

5.7.5 Standing Aside of a Minister

5.7.6 Withdrawal of Recognition of a Minister

5.7.7 Review by the Committee for Discipline in Special Circumstances

5.7.8 Stay of Proceedings

 

6. Appeals

 

6.1 Appeal Panel

6.2 Time for Appeals to Which This Part 6 Applies

6.3 Appointment of Appeal Panel

6.4 Nature of Appeals

6.5 Appeal Process

6.6 Special Provisions Relating to Assembly Decisions

6.7 Confidentiality

9

 

DEFINITIONS

 

Unless the context or subject matter otherwise indicates, the definitions in

Paragraph 3 of the Constitution shall apply to words when used in the

Regulations and —

 

Beneficiary Fund means the Beneficiary Fund established pursuant to

Regulation 3.1.6(d);

 

Code of Ethics means the Code of Ethics for Candidates, Community

Ministers, Deacons, Deaconesses, Interns, Lay Pastors, Ministers of the

Word, Pastors, Youth Workers and Ministers from another denomination

serving in an approved placement relating to their professional and pastoral

responsibilities, as approved by the Assembly or the Assembly Standing

Committee from time to time;

 

Policies for the Prevention of Sexual Misconduct means those policies

approved by the Assembly or the Assembly Standing Committee from time

to time to deal with allegations of sexual misconduct against lay staff of the

Church and its agencies, against members, adherents and volunteers, and

against members in positions of leadership or responsibility;

 

Professional Supervision means the relationship a Minister has with

another professional whereby the Minister is assisted to maintain the

boundaries of the pastoral relationship and the quality of their ministry;

 

Responsible body means any body of the Church to which specific

responsibilities are assigned by the Constitution or by any Regulation, bylaw

or rule;

 

Youth Worker means a person accredited by the Church to the specified

ministry of Youth Worker.

Words in the singular shall include the plural and vice versa. Reference to a

 

Congregation may thus refer to more than one Congregation where those

Congregations are linked together for particular purposes.

[NOTE:

– the word “Korean” in brackets after a Regulation indicates that there is an

approved alternative Regulation for Korean congregations. The alternative

Regulations are found elsewhere in this publication.]

10

 

1. MEMBERSHIP

 

1.1 GENERAL

 

RECOGNITION OF MEMBERS

 

1.1.1 The members of the Church shall be:

(a) those persons who at the date of the first Assembly are

members of any one of the uniting churches, except those

who decline to be members of the Church.

(b) persons who at a later date become members in

accordance with the procedures of the Church.

 

FORMS OF MEMBERSHIP

 

1.1.2 The membership of the Church shall be in one of the following

forms:

(a) baptised members — comprising all baptised persons

who have not yet become confirmed members.

(b) confirmed members — comprising persons confirmed by

the Church or in a manner recognised by the Church.

(c) members-in-association — being persons who are

granted such recognition in accordance with Regulations

1.4.1. and 1.4.2.

 

1.2 BAPTISED MEMBERS

 

BAPTISED MEMBERS

 

1.2.1 (a) The names of candidates for baptism shall normally be

submitted to the Church Council for prior approval.

(b) The sacrament shall be administered by water and in the

name of the Father and of the Son and of the Holy Spirit

according to an order which meets the requirements of the

Assembly.

11

(c) Normally the sacrament shall be administered in the

presence of the Congregation within whose life the

candidates or the parents of the candidates are currently or

promise in future to be involved.

 

RECORD OF BAPTISMS

 

1.2.2 A record of each person baptised shall be made as prescribed in

the records of the Congregation in which the sacrament was

administered.

 

BAPTISMAL CERTIFICATE

 

1.2.3 All persons baptised shall be issued with a baptismal certificate

in the form approved by the Assembly.

 

NURTURE OF BAPTISED PERSONS

 

1.2.4 The Congregation and the Church Council shall seek to ensure

that all baptised persons are nurtured within the fellowship of the

Church, equipped for witness and service in the community and

prepared for confirmation.

 

1.3 CONFIRMED MEMBERS

 

CONFIRMED MEMBERS

 

1.3.1 Prior to confirmation the names of candidates shall be submitted

to the Church Council for approval.

 

PREPARATION FOR CONFIRMATION

 

1.3.2 Candidates for confirmation who have not been previously

baptised shall be baptised either prior to or in conjunction with

the confirmation.

 

CONDITIONS AND MODE OF CONFIRMATION

 

1.3.3 Confirmation shall be according to an order which meets the

requirements of the Assembly and which makes provision for

the candidate to declare: acknowledgement of Jesus Christ as

Saviour and Lord, determination to follow him in daily life,

intention to participate actively in the fellowship of the Church

and to support its work, and resolution to seek the extension of

the reign of God in human society.

 

CONFIRMED MEMBERS ROLL

 

12

 

1.3.4 Following confirmation the person’s name shall be recorded on

the roll of confirmed members.

 

1.4 MEMBERS-IN-ASSOCIATION

 

MEMBERS-IN-ASSOCIATION

 

1.4.1 A person may apply to the Church Council for recognition as a

member-in-association if the person:

(a) is a member of another Christian denomination but not

actively engaged in the life of that denomination and

participates in the corporate life of the Congregation and

accepts the polity and discipline of the Church; or

(b) participates actively in the corporate life of two

Congregations of the Church and is enrolled as a

confirmed member of the other Congregation.

 

ADMISSION OF MEMBERS-IN-ASSOCIATION

 

1.4.2 A person so recognised by the Church Council shall be admitted

to membership according to an order which meets the

requirements of the Assembly and the person’s name shall then

be entered on the roll of members-in-association.

 

1.5 MEMBERS’ RIGHT TO VOTE

 

1.5 All confirmed members and members-in-association shall have

the right to vote:

(a) at meetings of the Congregation in respect of which they

are enrolled.

(b) in any committee, council or other body to which they,

being eligible, have been appointed.

 

1.6 MEMBERSHIP ROLLS

 

MEMBERSHIP ROLLS

 

13

 

1.6.1 (a) The rolls of the Congregation shall be kept by the Church

Council and shall include:

(i) a roll of baptised members indicating the name,

place and date of baptism, and, in the case of

infants, the date of birth of the infant and the names

of parents;

(ii) a roll of confirmed members indicating the name,

the date of admission, transfer, removal or other

action concerning each member;

(iii) a roll of members-in-association, including the

name of the other denomination and congregation

in which membership is retained; and

(iv) a roll of adherents.

(b) The Church Council shall annually undertake a review of

the rolls and in making the review, shall consider whether

any person who is enrolled as a member-in-association in

accordance with Regulation 1.4.1(b) continues to

participate actively in the corporate life of both

Congregations.

 

REMOVAL OF NAME FROM ROLL

 

1.6.2 (a) A member’s name shall be removed from the roll when

such member

(i) dies;

(ii) is transferred to another Congregation;

(iii) resigns or otherwise signifies a desire to

discontinue membership; or

(iv) is declared by the Church Council to be a person no

longer qualified to be recognised as a member.

(b) The removal of a member’s name from the roll in

accordance with (a)(iv) shall not be effected until the

member has first been given reasonable notice that the

matter is to be considered, and until reasonable efforts

have been made by the Minister and the Church Council

to offer the member pastoral care.

(c) Any person who considers that their name has been

wrongfully removed from the roll of members shall have

the same rights of appeal as those set out in Regulation

5.2.3.

14

 

INSPECTION OF ROLLS BY PRESBYTERY

 

1.6.3 The rolls shall be available for inspection by the Presbytery at

such intervals as it determines. In the event of a Congregation

being disbanded its roll shall be forwarded to Presbytery for safe

keeping.

 

1.7 TRANSFERS

 

TRANSFER OF MEMBERS

 

1.7.1 (a) A member or the parents or guardians of a baptised

member may request and shall be granted by the Church

Council a certificate of transfer to a specific Congregation

in another place. In addition, the secretary of the Church

Council shall forward an appropriate letter to the secretary

of the Church Council of the new Congregation.

(b) In the event of a member moving beyond the bounds of

the Congregation but no certificate of transfer being

sought, the secretary of the Church Council shall forward

an appropriate letter to the secretary of the Church

Council related to the new Congregation, if known. If no

request for transfer is received within two years of a

member leaving the Congregation the member’s name

shall be removed from the members’ roll and the reason

for the removal entered therein.

 

ADMISSION OF MEMBERS BY TRANSFER

 

1.7.2 (a) Any member of the Church possessing a certificate of

transfer may apply to the appropriate Church Council and

shall be granted admission to membership, which shall be

recognised by an appropriate ceremony and the member’s

name entered on the roll.

(b) A person who is a confirmed member of another

denomination desiring to transfer membership to the

Church shall present a certificate of transfer or other

evidence to the Church Council which shall determine the

matter. A person so accepted shall be received and

recognised at an appropriate ceremony and the member’s

name entered on the roll of confirmed members.

15

 

1.8 ADHERENTS

 

ADHERENTS

 

1.8.1 In addition to a roll of members, a roll of persons who, though

not members or members-in-association, regularly attend the

services of worship and share in the life of the Congregation

shall be kept. Such persons shall be known as adherents of the

Church.

 

PRIVILEGES AND RESPONSIBILITIES

 

1.8.2 (a) Adherents may attend and speak at meetings of the

Congregation but not in the determination of any item of

business.

(b) Adherents may be appointed as members of committees

of the Congregation.

16

 

2. MINISTRY

 

2.1 DEFINITIONS

 

In Part 2 unless the context or subject matter otherwise indicates:

 

Applicant means a person who has applied to become a

candidate for the ministry of Minister of the Word or of Deacon;

 

Candidate means a person preparing for ministry as a Minister

of the Word or Deacon, whose application for candidature has

been approved in accordance with these Regulations;

 

Certificated Candidate means a candidate to whom the

Ministerial Education Commission has issued a statement

certifying that the education and formation requirements of

ordination have been fulfilled;

 

Minister means Minister of the Word, Deacon or Deaconess

(see Para 3, Constitution);

 

Ordinand means a candidate who has fulfilled the requirements

for ordination;

 

Placements Committee means the Advisory Committee on

Ministerial Placements referred to in Regulation 3.7.4.2;

 

Period of discernment means a period during which a person

will engage with the Church to explore a call to ministry;

 

Selection panel means the selection panel referred to in

Regulation 2.3.2.4;

 

Student means a person who is undertaking a course of study in

a theological college; the term ‘student’ does not carry any

necessary implication, of subsequent candidature for ministry.

[Korean]

17

 

2.2 DEFINITION AND SCOPE OF THE

 

SPECIFIED MINISTRIES

 

DUTIES OF A MINISTER (See Para 3, Constitution)

 

2.2.1 (a) Within the ministry of the whole Church, Jesus Christ

calls men and women to proclamation of the gospel in

word and deed through the ministry of the Word and the

ministry of Deacon. This calling is exercised by:

(i) preaching of the Word;

(ii) presiding at the celebration of the sacraments;

(iii) providing for other persons to preside at worship

and/or preach within the pastoral charge in which

the Minister is in placement;

(iv) witnessing in the community to the gospel of

Jesus Christ;

(v) guiding and instructing the members of the

Church and equipping them for their ministry in

the community;

(vi) nurturing candidates for baptism and

confirmation;

(vii) pastoral oversight and counsel wherever needed;

(viii) serving in the community, especially among

those who are hurt, dis-advantaged, oppressed or

marginalized;

(ix) careful attention to administrative

responsibilities;

(x) due observance of the discipline of the Church;

(xi) the enhancement of the Minister’s own gifts for

the work of ministry;

(xii) pioneering new expressions of the gospel and

encouraging effective ways of fulfilling the

mission of the Church.

(b) Every Minister shall participate fully and regularly in the

public worship of God and the mission and fellowship of

the Congregation with which the Minister is enrolled (See

Reg. 2.9.3).

(c) Every Minister shall report annually to the Presbytery

with which the Minister is enrolled on the ways in which

the duties of a Minister as prescribed in Regulations

2.2.1(a) and (b) are being exercised.

18

 

DEFINITION AND SCOPE OF THE MINISTRY OF PASTOR

 

2.2.2 (a) Pastor is a specified lay ministry of the Church and means

a lay person commissioned by a Presbytery, (or a Synod in

the case of a Synod appointment, or the Assembly in the

case of an Assembly appointment), to minister within a

Congregation, community or Church based organisation

for the purpose of undertaking one or more of the

following tasks:

(i) teaching the beliefs and practices of the Church;

and / or

(ii) pastoral oversight of members and / or groups operating

under the auspices of the Church; and / or

(iii) leadership of worship in congregations or faith

communities of the Church; and / or

(iv) evangelism or service beyond a gathered congregation

but which is exercised under the auspices of the

Church.

(b) No appointment of a person to a remunerated position,

which involves the exercise of the responsibilities outlined

in Regulation 2.2.2(a), shall be made without prior

consultation with the Presbytery (or the Synod in the case

of a Synod appointment, or the Assembly in the case of an

Assembly appointment).

(c) The Presbytery shall consider designating a ministry

location as appropriate for the ministry of Pastor when lay

persons are making a significant contribution of their gifts

to the Church by fulfilling any of the tasks set out in

Regulation 2.2.2(a) in ministry locations designated as

appropriate for the ministry of Pastor (See Reg. 2.6.9).

 

DEFINITION AND SCOPE OF THE MINISTRY OF LAY

 

PREACHER

 

2.2.3 (a) The ministry of Lay Preacher is one in which lay persons

may participate in the proclamation of the gospel and in

witness to Christian faith and experience, and for which

they have received gifts and are called by the Holy Spirit.

(b) A member of the Church who is recognised as a Lay

Preacher may conduct services of worship in the

Congregation in which such Lay Preacher holds

membership and in any other Congregation to which the

19

Lay Preacher may be invited by the Minister, or where

there is no Minister in placement the Church Council.

(c) Any Lay Preacher transferring membership from one

Congregation to another shall be recognised as such in the

Congregation to which transfer is made.

 

DEFINITION AND SCOPE OF THE MINISTRY OF YOUTH

 

WORKER

 

2.2.4 In these Regulations Youth Worker means a person accredited by

the Church to the specified ministry of Youth Worker, a ministry

directed primarily to persons aged between 12 and 25 years. The

scope of this ministry includes:

(a) assisting the Church to proclaim the gospel of Jesus Christ

to young people;

(b) assisting the Church to guide and nurture young people in

the Christian faith and membership of the Church;

(c) training and assisting leaders and other volunteers in

youth ministry;

(d) empowering young people for participation in the

community and in the Church;

(e) assisting the Church in mission with young people in the

community and engaging in mission with young people

on behalf of the Church;

(f) being an advocate for young people in the community and

in the Church;

(g) undertaking activities which enhance the Youth Worker’s

gifts and skills in youth ministry;

(h) co-operating with other Youth Workers, with members of

other specified ministries and with lay members of the

Church in the above areas of ministry.

 

DEFINITION AND SCOPE OF THE MINISTRY OF LAY PASTOR

 

20

 

2.2.5 The ministry of Lay Pastor is a specified lay ministry, normally

stipended and full-time, and is a pastoral ministry within a local

or particular setting.

 

DEFINITION AND SCOPE OF THE MINISTRY OF COMMUNITY

 

MINISTER

 

2.2.6 (a) Community ministry is a specified lay ministry of the

Church.

(b) In Regulations 2.2.6, 2.4.8, 2.7.6, 2.9.6 and 2.9.7 unless

the context or subject matter otherwise indicates:

(i) community means people of a particular locality

or people who belong to a particular cultural

group or sub-group;

(ii) Community Minister means a leader from

within a community commissioned by a

Presbytery to minister within that community;

Community Ministers are normally nonstipended

and part-time.

(c) The scope of the community ministry will be determined

by the Presbytery and may include:

(i) providing a ministry of service within a

community;

(ii) seeking to establish a new Congregation in a

community;

(iii) working within an existing Congregation.

 

2.3 CANDIDATURE AND SELECTION

 

PERIOD OF DISCERNMENT

 

2.3.1 (a) Any member of the Church may engage in a period of

discernment subject to and in accordance with the

guidelines approved by the Assembly Standing

Committee (on the advice of the Ministerial Education

Commission). The purpose is to enable the member and

the Church together to discern the nature of the ministry to

which God may be calling the member.

(b) A member of the Church who is considering making

application for candidature to either of the two ordained

ministries shall engage in a period of discernment.

21

 

2.3.2 PROCESS FOR CANDIDATURE FOR A MINISTER

 

QUALIFICATIONS REQUIRED OF AN APPLICANT FOR

 

CANDIDATURE

 

2.3.2.1 (a) An applicant for candidature as a Minister shall satisfy the

Presbytery:

(i) that the applicant is, and for the period of twelve

months prior to making an application under

Regulation 2.3.2.2 has been, a confirmed member

of the Church;

(ii) that the applicant is suitable in character,

personality and spiritual maturity and has the

capacity to exercise the responsibilities of the

specific ministry for which application is made;

and

(iii) that the applicant has engaged satisfactorily in the

period of discernment.

(b) The Presbytery may waive the 12 month requirement in

(a)(i) in exceptional circumstances.

(c) An applicant for candidature as a Minister shall, in

addition to the requirements of paragraph (a), satisfy the

Presbytery:

(i) that the applicant has satisfactorily completed the

final years of secondary education at a level

sufficient to secure entrance to a degree course in

an Australian University; or

(ii) that the applicant has educational qualifications

acceptable to the Assembly as equivalent thereto;

provided that any applicant who cannot so satisfy the

Presbytery may be permitted to proceed with the

application upon condition that prior to final

determination of the application by the Synod selection

panel under Regulation 2.3.2.4, an academic qualification

referred to in sub-paragraphs (c)(i) and (c)(ii) is obtained

or the applicant undertakes and satisfactorily completes a

precandidature course of education which complies with

the standards prescribed from time to time by the

Ministerial Education Commission and for which course

22

credit may, where appropriate, be given in the course of

training for the specific ministry.

 

APPLICATION FOR CANDIDATURE FOR MINISTER

 

2.3.2.2 (a) Any person seeking to become a candidate shall make

written application to the Presbytery through the Minister

of the Congregation (or through the appropriate member

of the ministerial team in the Congregation) in which the

applicant holds membership and shall make available to

the Presbytery such additional information and material as

is prescribed under these Regulations or as may be

required by the Presbytery or by the Ministerial Education

Board, including information on the applicant’s

participation in the period of discernment.

(b) An application may be lodged at any time prior to the

commencement of a course of study or during a course of

study or subsequent to a course of study, provided that any

candidate must fulfil or have fulfilled the pre-requisites

for and the demands of the course of study as set out in

these Regulations.

(c) Acceptance as a student of a theological college neither

presupposes nor precludes subsequent acceptance as a

candidate.

(d) Acceptance as a candidate does not preclude subsequent

acceptance for service in one of the other specified

ministries of the Church.

(e) Any former certificated candidate of the Church may

apply to a Presbytery for readmission as a candidate, in

which case Regulations 2.3.1 to 2.3.2.5 shall apply.

 

PRESBYTERY RESPONSIBILITIES IN SELECTION OF

 

CANDIDATES FOR MINISTER

 

2.3.2.3 (a) As soon as possible following receipt of an application the

Presbytery shall request a confidential report from the

appropriate Minister and shall seek comment from the

Church Council where the applicant’s membership is held

and other referees, and shall then consider the application

in accordance with the Regulations.

23

The Presbytery or a designated committee of the

Presbytery shall:

(i) receive the application together with the

confidential report of the Minister and the

comments of the Church Council;

(ii) consider the references submitted by the nominated

referees and by other persons as it sees fit;

(iii) interview the applicant;

(iv) conduct such other tests or call for such other

information as it may require or as may be required

by the selection panel; and

(v) prepare a report and recommendation to the

selection panel.

(b) In considering its report and recommendation under

Regulation 2.3.2.3(a)(v) the Presbytery or Presbytery

committee shall satisfy itself regarding the matters

mentioned in Regulation 2.3.2.1, and have regard, among

other things, to:

(i) the nature of the services to be performed within

the ministry for which application is made;

(ii) the present qualifications and apparent potential of

the applicant;

(iii) the spiritual maturity and motivations of the

applicant; and

(iv) the applicant’s personality and character.

A two-thirds majority of members present shall be

required to commend the applicant to the Synod selection

panel as suitable for candidature. Alternatively, the

Presbytery may defer such commendation or may reject

the application.

(c) Where the Presbytery resolves to commend the applicant

to the selection panel, the Presbytery shall forward to the

selection panel its report and resolutions together with

other reports, references and information conveyed to it in

accordance with Regulation 2.3.2.2 and 2.3.2.3.

 

SELECTION PANEL OF CANDIDATES FOR MINISTER

 

2.3.2.4 (a) Each application for candidature shall be considered by a

selection panel comprising the members appointed by the

Ministerial Education Board pursuant to Regulation

24

3.7.4.3(c)(iii)(3). and a representative appointed by the

applicant’s Presbytery. A Presbytery may appoint a

different representative in relation to each application for

candidature from the Presbytery.

 

Duties

 

(b) The selection panel shall have before it all relevant

documents and:

(i) arrange for medical, psychological and other

assessments;

(ii) seek further information as it considers necessary;

(iii) meet with the applicants; and

(iv) determine the outcome of applications forwarded

by Presbyteries.

(c) In considering the applications before it, the selection

panel shall have regard, among other things, to:

(i) the spiritual maturity and motivation of each

applicant;

(ii) the capacities and assessed potential for leadership

of each applicant;

(iii) the ability and assessed potential of each applicant

to fulfil the requirements of the course of studies

(where applicable) and the responsibilities of the

specified ministry;

(iv) the most appropriate vocational direction for each

applicant in accordance with the applicant’s gifts;

and

(v) the character and personality of the applicant.

(d) The selection panel shall determine the application by:

(i) acceptance of the applicant as a candidate for the

ministry applied for, with or without any

conditions attached to that acceptance, or

(ii) deferral of the application, with or without any

conditions which must be satisfied before further

consideration of the application; or

(iii) acceptance of the applicant for a form of ministry

other than that for which application was made, or

(iv) encouragement of the applicant to continue to

exercise a ministry as a lay member of the Church

but rejection of the application to serve in one of

the specified ministries,

25

and shall inform the applicant and the Presbytery of its

decision.

(e) The resolution of the selection panel accepting an

applicant shall:

(i) specify the ministry for which the applicant is

accepted as a candidate and, if appropriate, specify

any conditions which may attach to the acceptance,

and make recommendations relative to the

candidature; and

(ii) refer the candidate to the Ministerial Education

Board.

 

RIGHT OF APPEAL AGAINST A DECISION OF THE

 

PRESBYTERY OR THE SELECTION PANEL

 

2.3.2.5 (a) An applicant may appeal against a decision made pursuant

to Regulation 2.3.2.3(b), or 2.3.2.4(d)(ii), (iii) or (iv), only

on the ground that correct procedures have not been

followed in accordance with the Regulations.

(b) The appeal is to be made within 14 days of receipt of the

communication of the decision. The appeal shall be

lodged with the Synod Secretary in writing.

(c) The Synod Standing Committee shall appoint an appeal

committee of three persons to determine the matter. The

appeal committee shall consult with the applicant and the

Presbytery and, when appropriate, the selection panel. The

appeal committee shall then either dismiss the appeal or

require the Presbytery or the selection panel to reconsider

the application. A decision of the appeal committee shall

be final.

 

CHANGE OF ORDAINED MINISTRY

 

2.3.2.6 (a) A Minister of the Word or Deacon may apply in writing to

the Presbytery to be accepted as a candidate for the other

ordained Ministry. If accepted, and when all requirements

for ordination to the other ministry have been satisfied,

such person shall be ordained, and shall cease to be

recognised in their previous ministry.

26

(b) The Presbytery shall deal with the application in terms of

Regulations 2.3.2.3 to 2.3.2.5, with the exception of

requiring a report and recommendations of the Church

Council and confidential report of the Minister.

 

TERMINATION OF CANDIDATURE

 

2.3.2.7 The Presbytery which has the pastoral care and oversight of the

candidate may terminate the candidature on any one of the

following grounds that:

(a) the candidate has resigned;

(b) following consultation with the faculty and the Ministerial

Education Board, in the judgment of the Presbytery, the

candidate is not considered suitable for the work of the

specified ministry;

(c) as advised by the faculty or other training authority, the

candidate has not attained satisfactory standards in the

course of training or that, in the judgment of the faculty,

the candidate is not considered suitable for the work of the

specified ministry.

Consideration of termination of candidature may be initiated by

the Presbytery, the faculty or the Ministerial Education Board.

Any candidate for ministry whose candidature has been

terminated by the Presbytery in accordance with Regulation

2.3.2.7(b) or (c) may appeal to the Synod which shall refer the

matter to the Convenor of the Standing Appeal Panel to be dealt

with under Part 6 of these Regulations.

 

PROCESS FOR THE SELECTION OF A PASTOR

 

2.3.3. (a) A person may make application for the ministry of Pastor

by:

(i) applying for a ministry appointment that is

designated by the Presbytery, (or the Synod in the

case of a Synod appointment, or the Assembly in

the case of an Assembly appointment), as

appropriate for the exercise of the ministry of

Pastor; or

27

(ii) offering to serve the Church in an approved

placement, through a written application to the

Synod.

(b) In considering and determining applications made under

Regulation 2.3.3(a)(i) the appointing body shall have

reference to:

(i) confidential testimonials, supplied at the request of

the appointing body, from the Minister of the

applicant’s Congregation and the Church Council;

(ii) the gifts and graces appropriate to the particular

expression of the ministry of Pastor for which the

person is applying;

(iii) the applicant’s spiritual maturity and sense of call;

(iv) the applicant’s capacity for exercising this ministry

and perceived potential to meet the required

competencies for the ministry of Pastor;

(v) the applicant’s personality and character; and

(vi) the applicant’s willingness to accept the doctrine,

polity and discipline of the Church.

(c) A Synod body designated by the Synod shall have

responsibility for considering and determining

applications made under Regulation 2.3.3 (a)(ii). The

procedures to be followed by the Synod body shall be

approved by the Synod and shall include:

(i) requests for confidential testimonials from the

Minister of the applicant’s Congregation and the

Church Council;

(ii) an interview with the applicant;

(iii) consideration of the applicant’s:

(1) gifts and graces appropriate to the ministry of

Pastor;

(2) spiritual maturity and sense of call;

(3) capacity for exercising this ministry and

perceived potential to meet the required

competencies for the ministry of Pastor;

(4) personality and character; and

(5) willingness to accept the doctrine, polity and

discipline of the Church.

 

PROCESS FOR CANDIDATURE AND SELECTION OF LAY

 

PREACHERS

 

28

 

2.3.4 (a) Any person offering to serve as a Lay Preacher must be:

(i) a confirmed member of the Church and must have

held the status of a confirmed member for twelve

months or more or have held equivalent status in

another church acknowledged by the Church; and

(ii) assessed by the Presbytery as a person of suitable

character, personality, spiritual maturity and

capacity to exercise the responsibilities of Lay

Preacher.

(b) Applicants shall make written application to the

Presbytery through the Minister of the Congregation (or

through the appropriate member of the ministerial team in

the Congregation) in which the applicant holds

membership.

(c) The Church Council shall interview the applicant and

forward the application, with its report and

recommendations, to the Presbytery within ninety days

after receipt of the application by the Minister of the

Congregation.

(d) The Presbytery shall make such investigations and

enquiries as it sees fit and may interview the applicant and

shall either accept the applicant as a candidate for training

as a Lay Preacher or reject the application providing that a

two-thirds majority vote of members present shall be

required for acceptance.

 

2.4 FORMATION, EDUCATION AND

 

RECOGNITION

 

FORMATION AND EDUCATION FOR A MINISTER

 

2.4.1 A candidate for Minister:

(a) shall undertake formation and education requirements in

accordance with the standards set by the Ministerial

Education Commission, and as prescribed by the faculty

or theological college council to which the candidates is

referred by the Ministerial Education Board;

29

(b) may request a leave of absence or deferral of studies from

the Ministerial Education Board (See Reg 3.7.4.3(c)(ii)).

 

PASTORAL CARE OF CANDIDATES AND CERTIFICATED

 

CANDIDATES

 

2.4.2 (a) The Presbytery which commended the applicant who has

been accepted as a candidate shall arrange for the pastoral

care and oversight of the candidate in consultation with

the faculty or theological college council.

(b) A candidate who has satisfactorily completed the

prescribed course shall remain under the pastoral care and

oversight of the Presbytery until the candidate is ordained

or otherwise admitted to a specified form of service of the

Church or resigns or has the candidature terminated as

provided for under these Regulations or is transferred to

the pastoral care and oversight of another Presbytery.

(c) When a Presbytery transfers a candidate or certificated

candidate to the pastoral care and oversight of another

Presbytery, it shall provide the latter Presbytery with a

report on progress towards readiness for the ministry

intended.

 

COMPETENCY DEVELOPMENT FOR MINISTRY OF PASTOR

 

2.4.3 Core competencies means those competencies determined by the

Ministerial Education Commission as essential for all persons

that exercise the Ministry of Pastor.

 

General competencies means those competencies determined by

the Ministerial Education Commission as essential for all persons

exercising a particular ministry role, for example chaplain, youth

worker, etc.

(a) A Pastor shall develop the general competencies identified

by the Ministerial Education Commission as appropriate

for the particular ministry in which the Pastor is engaged.

(b) The Presbytery, (or the Synod in the case of a Synod

appointment, or the Assembly in the case of an Assembly

appointment), shall identify the general competencies yet

to be developed by the Pastor and the time frame within

which they shall be acquired.

30

(c) The Presbytery that has oversight of the Pastor, (or the

Synod in the case of a Synod appointment, or the

Assembly in the case of an Assembly appointment), shall

monitor the progress of the Pastor to ensure that the

relevant competencies are being developed.

 

TRAINING FOR A LAY PREACHER

 

2.4.4 (a) The Synod shall establish or approve training centres to

assist in the training of Lay Preachers and shall establish a

committee or other such body to direct such training and

to conduct such examinations as are prescribed at a

standard determined by the Ministerial Education

Commission.

(b) Candidates for training as Lay Preachers shall be required

to undertake such preparation and training as are

prescribed by the Ministerial Education Commission.

 

RECOGNITION AND ORDINATION OF A MINISTER

 

2.4.5 Recognition

 

(a) A Minister is recognised by ordination, by admission from

another denomination (See Reg 2.5.1), or by the readmission

of a former Minister (See Reg. 2.5.2). A

Minister is recognised as such for the whole of life unless

that recognition is withdrawn.

 

Approval for Ordination

 

(b) A candidate for ordination shall:

(i) affirm a sense of vocation appropriate to a Minister

of the Word or a Deacon;

(ii) express adherence to the polity and discipline of

the Church, and be prepared to make the required

ordination vows;

(iii) have complied with the current requirements of the

Church for the education of Ministers of the Word

or of Deacons;

(iv) submit, where applicable, an enrolment form and

health statement for membership of the Beneficiary

Fund or such other required particulars to enable

the candidate to become a member of the

Beneficiary Fund.

31

(c) The ordaining Presbytery shall be satisfied as to the

suitability of the character and abilities of the candidate

for ministry as a Minister of the Word or a Deacon as the

case may be. In the case where the ordaining Presbytery

has not previously had pastoral care of the candidate, it

shall be guided in its decision by the report of that

Presbytery which last had pastoral care of the candidate.

(d) A person who fulfils the requirements for ordination shall

be ordained, after accepting a call made or approved by a

Presbytery, Synod or the Assembly. The Presbytery with

the pastoral responsibility for the ordinand may itself

perform the ordination or, if the ordinand is to minister

within another Presbytery, may arrange for that other

Presbytery to ordain the ordinand.

(e) If a candidate has fulfilled all other requirements for

ordination and, with the prior approval of the Presbytery

and Synod, has accepted a call to a pastoral charge

overseas, the Presbytery may ordain that person.

 

Service of Ordination

 

(f) The ordination service shall be conducted by the

Presbytery in accordance with a form authorised by the

Assembly.

(g) Ordination shall:

(i) be by prayer and the laying on of hands.

(ii) be presided over by the chairperson of the

Presbytery or the chairperson’s appointee.

(iii) include at least four members of the ordaining

Presbytery (at least two of whom shall be Ministers

and at least two of whom shall be lay persons).

(h) The ordination shall take place at such time as the

Presbytery may arrange and shall normally be in the

presence of a Congregation, though not necessarily the

Congregation among whom the ordinand is to minister.

 

RECOGNITION OF MINISTRY OF PASTOR

 

2.4.6 A person shall be recognised as a Pastor when after having

applied:

32

(a) the person has been a confirmed member or member in

association of the Church for a period of twelve months

prior to being recognised as a Pastor; and

(b) the Presbytery, (or the Synod in the case of a Synod

appointment, or the Assembly in the case of an Assembly

appointment), is satisfied that the applicant can

demonstrate the core competencies (See Reg. 2.4.3); and

(c) the person is appointed to a ministry location designated

as appropriate for the ministry of Pastor (See Reg. 2.6.9).

At the time of recognition the Presbytery (or the Synod in the

case of a Synod appointment, or the Assembly in the case of an

Assembly appointment) shall advise the Placements Committee.

 

RECOGNITION OF LAY PREACHERS

 

2.4.7 Recognition

 

(a) The Church recognises as Lay Preachers:

(i) persons who at the time of the inauguration held

the office of Lay Preacher or Local Preacher in any

one of the uniting churches, and who signified

adherence to the Basis of Union;

(ii) persons who are subsequently recognised as Lay

Preachers in accordance with procedures

prescribed by the Assembly.

(b) A former Minister whose recognition has been withdrawn

under the provisions of Regulation 2.10.3(a), and who is

in good standing with the Church, may upon request be

recognised as a Lay Preacher.

(c) Candidates who have fulfilled the training requirements

and passed the prescribed examinations may apply to the

Presbytery through their Church Council for recognised as

Lay Preachers.

(d) Recognition is dependent upon the candidate

demonstrating an understanding of and affirming

adherence to the Basis of Union.

(e) The Presbytery shall determine whether or not a candidate

is to be recognised as a Lay Preacher and shall, where

33

appropriate, arrange for a service of worship at which

such recognition will be acknowledged before the Church,

and shall issue a certificate of recognition as a Lay

Preacher.

(f) Each Presbytery shall maintain a roll of Lay Preachers and

on the advice of the appropriate Church Council shall

from time to time enter the names of Lay Preachers

according to the following classifications:

(i) active;

(ii) inactive – unavailable for an extended period;

(iii) retired.

 

CANDIDATURE PROCESS FOR COMMUNITY MINISTER

 

(The Ministry of Community Minister has closed to new candidates)

 

2.4.8 (a) During the period of candidature the candidate shall:

(i) undertake the required studies, as determined by

the Ministerial Education Board. In determining

the educational requirements the Ministerial

Education Board shall take into account the

candidate’s life experience and experience in the

church, the part-time nature of community

ministry, and the specific nature of the ministry to

be exercised.;

(ii) minister under the terms and conditions, approved

by the Presbytery, which shall include:

(1) a description of the ministry;

(2) how the minister will relate to other ministers,

lay and ordained;

(3) proportion of time to be given to the ministry;

(4) any provision for expenses and other financial

arrangements;

(5) anticipated duration of the placement.

(b) During the period of candidature the Presbytery shall

monitor the candidate’s progress and provide regular

reports to the Ministerial Education Board committee (See

Reg. 3.7.4.3(d)).

(c) A candidate will be commissioned by the Presbytery,

according to the form of service authorised by the

Assembly, when

34

(i) the Ministerial Education Commission (on the

recommendation of theMinisterial Education

Board) certifies that the required course of studies

has been completed;

(ii) the Presbytery is satisfied as to the candidate’s

readiness for commissioning, and

(iii) the community, Congregation or other appropriate

body affirms that it will accept the candidate as a

Community Minister.

 

YOUTH WORKER ACCREDITATION

 

2.4.9 Subject to Regulation 2.10.6, the accreditation of a Youth

Worker shall continue while the Youth Worker is:

(a) in a placement;

(b) awaiting an initial or new placement; or

(c) on a leave of absence (See Reg. 2.6.1(c)).

 

2.5 PROCESS FOR THE ADMISSION OF

 

MINISTERS

 

2.5.1 (a) Any person in the ministry of another denomination may

apply to a Synod for admission to a ministry in the

Church.

(b) The criteria for eligibility of a minister of another

denomination for admission as a Minister in the Church

shall be:

(i) if the applicant be seeking admission to the

ministry of the Word, the applicant’s ordination

shall have been to the ministry of the Word and

Sacraments in a denomination of the church

catholic recognised by the Church for the purposes

of this Regulation;

(ii) if the applicant be seeking admission to the

ministry of Deacon, the applicant shall have been

admitted to a ministry comparable to the ministry

of Deacon in the Church in a denomination of the

35

church catholic recognised by the Church for the

purpose of this Regulation;

(iii) unless there are special circumstances the applicant

shall have received an education (academic study

and ministerial formation) comparable to that

required of certificated candidates for the

corresponding ministry in the Church or attained

competency comparable to that required of

Ministers;

(iv) the applicant shall declare that upon admission to

the particular ministry the undertakings required by

the Church will be given;

(v) unless there are special circumstances the applicant

shall produce evidence of good standing in the

denomination from which the applicant comes.

(c) The question whether an applicant has satisfied the criteria

for eligibility shall be decided by or at the direction of a

committee on the admission of Ministers from other

denominations appointed by the Assembly Standing

Committee.

(d) (i) Where a decision has been made pursuant to

Regulation 2.5.1(c) that an applicant does not meet

the criteria for eligibility in Regulation 2.5.1(b), the

applicant may seek a review of the decision by

request in writing to the General Secretary of the

Assembly on the ground that having regard to all

the material before the decision-makers the

decision was unreasonable. The request for review

shall be made no later than 21 days after

notification of the decision and shall contain the

arguments upon which the applicant relies in

requesting the review.

(ii) Upon receipt of the written request for review the

General Secretary of the Assembly shall appoint a

review panel consisting of three persons, at least

one of whom shall have expertise in the issues

which are the subject of the review. The review

panel shall elect its own chairperson.

(iii) The review panel shall be provided with the written

request for review and with all documents and

materials relied upon in the making of the decision

36

under review, together with a report outlining the

reasons for the decision reached, and may at its

discretion consider such further information.

(iv) The review panel may:

(1) dismiss the application for review;

(2) refer the matter back to the committee

referred to in Regulation 2.5.1(c) for

reconsideration; or

(3) set aside the decision and determine that the

criteria for eligibility have been met, where it

determines that having regard to the material

before it the decision was unreasonable.

Where the review panel dismisses the application or

determines that the criteria for eligibility have been met,

its decision is final.

(e) An application shall be submitted to the Secretary of the

Synod and shall include:

(i) an affirmation by the applicant of willingness to

accept the doctrine, polity and discipline of the

Church;

(ii) at least three personal testimonials;

(iii) details of education of the applicant;

(iv) details of service with any denomination in which

the applicant has served;

(v) where applicable an enrolment form and health

statement for membership of the Beneficiary Fund

or such other required particulars to enable the

applicant to become a member of the Beneficiary

Fund;

(vi) such other evidence of eligibility of the applicant

for the ministry to which admission is being sought

as the Secretary requires.

(f) Upon receipt of the application the Secretary shall:

(i) arrange for tests and interviews considered to be

appropriate by the Synod or its Standing

Committee or such other committee as either shall

appoint;

(ii) seek a determination as to the eligibility of the

applicant in accordance with the criteria in

Regulation 2.5.1(a) – (d);

37

(iii) seek evidence of the applicant’s sincerity of

intention and ability to integrate into the Church;

(iv) seek a statement from the chairperson of any

Presbytery of the Church in whose area the

applicant has served another denomination;

(v) make such other enquiries as the Secretary thinks

fit.

(g) The Synod or its Standing Committee shall then proceed

to determine the application in any one of the following

ways:

(i) acceptance;

(ii) provisional acceptance, subject to confirmation of

such acceptance following the completion of a

satisfactory period of probationary service which

may include specified supplementary training;

(iii) deferment for further consideration and

determination at the next meeting of the Synod or

by its Standing Committee;

(iv) rejection.

(h) A Minister admitted from the ministry of another

denomination shall be recognised in a service arranged by

the Presbytery in accordance with provisions laid down by

the Assembly.

 

APPLICATION BY A MINISTER OF ANOTHER DENOMINATION

 

TO SERVE IN A PLACEMENT

 

5.2.1 (a) This Regulation shall apply to any minister of another

denomination

(i) whose ordination to ministry of that denomination

is recognised by the Assembly and

(ii) who desires to apply to serve in a Placement in the

Church.

(b) The application shall be made to the Synod.

(c) A placement or placements shall be for no more than

three years in total unless the Synod or the Assembly (in

the case of an Assembly placement) determines otherwise

after considering:

38

(i) any mutual understanding, written or unwritten,

between the Church and a partner church

concerning the placement of Ministers from the

partner church into a ministry of the Church;

(ii) in a case where the applicant has also applied for

admission as a Minister of the Church and has

engaged in the process relating to that admission

in good faith, whether that process is likely to be

completed within the three year period; and

(iii) any other matters that it considers relevant.

(d) The Synod shall assess the suitability of an applicant to

serve in a ministry of the Church having regard to:

(i) whether the applicant is of good standing in the

denomination in which he/she has been ordained

and in each denomination in which the applicant

has subsequently been in ministry;

(ii) the commitment of the applicant to the Church;

(iii) the educational attainments of the applicant;

(iv) if the applicant is not an Australian citizen, the

applicant’s immigration status;

(v) the language proficiency of the applicant relevant

to the context;

(vi) any guidelines or requirements laid down by the

Assembly; and

(vii) advice in relation to the previous ministry

experience of the applicant.

(e) The Synod shall seek confirmation from the Assembly

that the ordination of the denomination from which the

applicant comes has been previously recognised and, if

not, request the Assembly to consider such approval.

(f) The Synod shall determine whether the applicant is

required to complete any ongoing education or formation.

(g) In conjunction with the Presbytery, the Synod shall

appoint a mentor who will work with the applicant to

ensure any education or formation requirements under

x.x.1(f) are met.

39

(h) A placement shall not be extended where an application

made under Regulation x.x.2 has been completed and the

result of that application was that it was rejected or deferred.

 

ADMISSION OF A MINISTER FROM ANOTHER

 

DENOMINATION

 

x.x.2 (a) Any minister of another denomination whose ordination

to ministry of that denomination is recognised by the

Assembly may apply to a Synod for admission as a

Minister of the Word or Deacon.

(b) The Synod will not process an application by an applicant

who has had no, or limited, prior experience in the Church

until the applicant has served in a placement in the

Church for at least 12 months unless the Synod decides to

shorten the period of prior service by reason of

exceptional circumstances.

(c) In considering an application, the Synod shall

(i) take account of the

· matters referred to in Regulation x.x.1(d);

· standards for ministerial education and

formation prescribed by the Assembly;

· experience of the applicant and the Church in a

placement; and

(ii) determine whether the applicant is required to

undertake formation for ministry in the Church.

(d) The Synod shall then proceed to determine the application

in any one of the following ways:

(i) acceptance subject to issue of a certificate of

completion by the Assembly;

(ii) provisional acceptance, subject to satisfactory

completion of all requirements of the Assembly

and the Synod within such period as the Synod

shall determine;

(iii) deferment for further consideration; or

(iv) rejection.

(e) A minister of another denomination whose admission as a

Minister of the Church is approved shall be recognised as

a Minister of the Word or a Deacon in a service arranged

40

by the Presbytery in accordance with provisions laid down

by the Assembly.

(f) Any person whose application for admission has been

rejected by the Synod under Regulation x.x.2(e) may

appeal on the grounds that the process followed did not

comply with these Regulations. The appeal shall be dealt

with under Part 6 of these Regulations.

 

ROLE OF THE ASSEMBLY IN THE ADMISSION OF MINISTERS

 

FROM ANOTHER DENOMINATION

 

x.x.3

(a) The Assembly shall establish guidelines for assessing the

suitability of, and requirements for the education and

formation of, ordained ministers of other denominations

who apply to serve in a placement for a Minister in the

Church or for admission as a Minister of the Word or

Deacon and shall provide such guidelines to the Synods.

(b) The guidelines referred to in Regulation x.x.3(a) shall

include a requirement that, unless there are special

circumstances, the applicant shall have received an

education (academic study and ministerial formation)

comparable to that of certified candidates for the

corresponding ministry in the Church or attained

competency comparable to that required of a Minister.

(c) The Assembly shall provide oversight of the process of

the application, assessment and admission, and will

establish and maintain a list of ordained ministries of

denominations of the church catholic that are recognised

for the purposes of this Regulation.

(d) In determining if a person’s ordination to a ministry in a

denomination of the church catholic shall be recognised

by the Church for the purposes of this Regulation the

Assembly or the body which it designates to make the

decision shall consider

(i) if the person seeking admission as a Minister of

the Word, or to serve in a placement in the Church

to fulfil substantially the responsibilities of a

Minister of the Word , has been ordained to the

41

ministry of the Word and Sacraments in a

denomination of the church catholic.

(ii) if an applicant seeking admission to the ministry of

Deacon or to serve in a placement in the Church to

fulfil substantially the responsibilities of a Deacon,

has been ordained to a ministry in a denomination

of the church catholic that is comparable to the

ministry of Deacon in the Church.

(e) On the advice of the Synod in which the application is

made, the Assembly shall issue a certificate of completion

of requirements for admission of an ordained minister of

another denomination as a Minister of the Word or

Deacon.

(f) If the Assembly refuses to recognise the ordination of a

person to ministry in another denomination in a case

where the person is applying to serve in a placement in

the Church or to become a Minister of the Church, the

applicant may appeal against the decision of the

Assembly and the appeal shall be dealt with under Part 6

of these Regulations.

 

ADMISSION OF A FORMER MINISTER

 

2.5.2 (a) Any former Minister of the Church may apply for

readmission and the application shall be dealt with in a

similar manner to an application from a minister of

another denomination (See Reg. 2.5.1).

(b) Any person who was a minister or deaconess in one of the

uniting churches at anytime prior to the date of union may

apply for admission as a Minister of the Word or Deacon

and the application shall be dealt with in a similar manner

to an application from a minister of another denomination

(See Reg. 2.5.1).

 

2.5.3.1 (a) Any former Minister of the Church may apply for

readmission as a Minister.

(b) Any person who was a minister or deaconess in one of the

uniting churches at any time prior to the date of union

may apply for admission as a Minister of the Word or

Deacon and the application shall be dealt with in the same

manner as an application from a former minister of the

42

Church seeking readmission as a Minister. If there is no

Minister of the Congregation in which the applicant holds

membership, the application may be made directly to the

Presbytery.

 

PROCESS FOR ADMISSION OF A FORMER MINISTER

 

2.5.3.2 (a) Any former Minister seeking readmission shall make

written application to the Presbytery through the Minister

of the Congregation (or through the appropriate member

of the ministerial team in the Congregation) in which the

applicant holds membership and shall make available to

the Presbytery such additional information and material as

is prescribed under these Regulations or as may be

required by the Presbytery or by the Synod.

(b) As soon as possible following receipt of an application the

Presbytery shall request a confidential report from the

appropriate Minister and shall seek comment from the

Church Council where the applicant’s membership is held

and other referees, and shall then consider the application

in accordance with the Regulations.

(c) The Presbytery or a designated committee of the

Presbytery shall:

(i) receive the application together with the confidential

report of the Minister and the comments of the

Church Council;

(ii) consider the references submitted by the nominated

referees and by other persons as it sees fit;

(iii) appoint a support person for the applicant who shall

assist the applicant in understanding and complying

the requirements of the process.

(iv) The support person may attend any Presbytery or

Synod meetings where the applicant is in attendance

but may not speak in those meetings;

(v) interview the applicant;

43

(vi) conduct such other tests or call for such other

information as it may require; and

(vii) prepare a report and recommendation to the Synod

panel.

(d) An applicant shall satisfy the Presbytery or the designated

committee of the Presbytery that

(i) the applicant is, and for the period of twelve months

prior to making an application, has been a confirmed

member of the Church, unless the Presbytery waives

this requirement;

(ii) the reasons for the applicant having recognition as a

Minister of the Church or as a Minister or Deaconess

of one of the uniting churches withdrawn; and the

reasons offered by the applicant for why those

reasons no longer apply; and

(iii) the applicant is suitable in character, personality and

spiritual maturity and has the capacity to exercise the

responsibilities of the specific ministry for which

application is made.

(e) A two-thirds majority of members present at the meeting

of the Presbytery or the designated committee of the

Presbytery shall be required to commend the applicant to

the Synod panel as suitable for readmission. Alternatively,

the Presbytery may defer such commendation or may

reject the application.

(f) Where the Presbytery or the designated committee of the

Presbytery resolves to commend the applicant to the

Synod panel, the Presbytery shall forward to the Synod

panel its report and any resolutions together with other

reports, references and information conveyed to it in

accordance with Regulation x.x.2 (a), (b) and (c).

44

 

SYNOD PANEL

 

2.5.3.3 (a) Each application for readmission shall be considered by a

panel comprising members appointed by the Synod

Standing Committee and a representative appointed by the

applicant’s Presbytery.

 

Duties

 

(b) The Synod panel shall have before it all relevant

documents and:

(i) arrange for medical, psychological and other

assessments that it considers to be necessary;

(ii) seek further information as it considers necessary;

(iii) meet with the applicant; and

(iv) determine the outcome of application forwarded by

the Presbytery.

(c) In considering the application before it, the Synod panel

shall have regard, among other things, to the issues

considered by the Presbytery in Regulation 2.5.3.2 (d).

(d) The Synod panel shall determine the application by:

(i) acceptance of the application for readmission, with or

without any conditions attached to that acceptance, or

(ii) deferral of the application, with or without any

conditions which must be satisfied before further

consideration of the application; or

(iii) rejection of the application for readmission

and shall inform the applicant and the Presbytery of its

decision.

45

 

RIGHT OF APPEAL AGAINST A DECISION OF THE

 

PRESBYTERY OR THE SYNOD PANEL

 

2.5.3.4 (a) An applicant may appeal against a decision made

pursuant to Regulation 2.5.3.2 (e) or 2.5.3.3 (d) only on

the ground that correct procedures have not been followed

in accordance with the Regulations.

(b) The appeal is to be made within 14 days of receipt of the

communication of the decision. The appeal shall be

lodged with the Synod Secretary in writing.

(c) The Synod Standing Committee shall appoint an appeal

committee of three persons to determine the matter. The

appeal committee shall consult with the applicant and the

Presbytery and, when appropriate, the Synod panel. The

appeal committee shall then either dismiss the appeal or

require the Presbytery or the Synod panel to reconsider

the application. A decision of the appeal committee shall

be final.

 

2.6 PLACEMENT AND APPOINTMENT

 

DESIGNATION OF MINISTERS

 

2.6.1 (a) Every Minister shall be designated as on active service, on

leave of absence, retired, not available for placement or

awaiting placement.

 

Active Service

 

(b) A Minister shall be designated as in active service if the

Minister is

(i) in an approved placement designated by a Synod or

the Assembly for the regular exercise of the duties

of a Minister (See Reg. 2.2.1);

(ii) seconded to another church for a defined period by

the Placements Committee at the request of such

other church for the regular exercise of the duties

of a Minister (See Reg. 2.2.1);

(iii) serving in an ecumenical or Church-related body

for a defined period with the approval of the

Placements Committee for the regular exercise of

the duties of a Minister (See Reg. 2.2.1);

46

(iv) regularly and faithfully exercising the duties of a

Minister (See Reg. 2.2.1) in a situation other than

those described in (i), (ii) or (iii) above, with the

approval of the Placements Committee on the

recommendation of the Presbytery. The Placements

Committee may at any time, after review of the

work of the Minister or on the recommendation of

the Presbytery, declare that the Minister is no

longer in active service.

 

Leave of Absence

 

(c) A Minister, Youth Worker and Lay Pastor may be granted

leave of absence from active service by the Placements

Committee on the recommendation of the Presbytery for a

defined period for reasons which the Placements

Committee considers sufficient.

 

Retirement

 

(d) A Minister may retire

(i) permanently

(1) after reaching the age of 55;

(2) on the issue of a medical certificate by the

Synod’s Medical Advisers that the Minister is

unfit for active service and the Beneficiary

Fund has determined a pension will be paid,

or

(3) for any other reason which the Placements

Committee after consultation with the

Presbytery considers sufficient.

(ii) temporarily for a defined period with the approval

of the Placements Committee on the

recommendation of or with the concurrence of the

Presbytery on the issue of a medical certificate by

the Synod’s Medical Advisers that the Minister is

temporarily unfit for active service and the

Beneficiary Fund has determined a pension will be

paid. Such temporary retirement may be extended

or varied by the Placements Committee and at the

end of the period of temporary retirement the

Minister shall be available for active service or

seek permanent retirement.

 

Not Available for Placement

 

47

(e) A Minister shall be designated as not available for

placement:

(i) at any time when the Placements Committee on the

recommendation of or with the concurrence of the

Presbytery determines that for a defined period the

Minister shall not be in active service for any

reason which the Placements Committee and the

Presbytery consider to be sufficient, and such

designation may be extended or varied by the

Placements Committee after consultation with and

concurrence of the Presbytery;

(ii) during a period of suspension determined by sthe

Committee for Discipline pursuant to Regulation.

5.7.4(r)(iii) or (v), or by an Appeal Panel on appeal

from the Committee for Discipline unless a stay of

the suspension is granted (See Reg. 5.7.8).

 

Awaiting Placement

 

(f) Any Minister, Youth Worker or Lay Pastor who is not in

active service and who is not on leave of absence, retired

or designated not available for placement shall be

designated as awaiting placement.

 

ELIGIBILITY OF MINISTERS FOR CALL

 

2.6.2 (a) The secretary of the Placements Committee shall prepare

and maintain a list of Ministers who are eligible to accept

a call.

(b) The list shall include the names of Ministers in the fifth

and subsequent years of a placement (or, in the case of a

first placement following ordination, the third or

subsequent year).

(c) A Minister in placement shall be eligible to accept

another placement to become effective at any time after

the completion of five years (or, in the case of a first

placement after ordination, three years).

(d) No approach shall be made except by the Placements

Committee to any Minister whose name does not appear

on the list. When a Congregation or other body wishes for

special reasons to approach such a Minister, it shall

request the Placements Committee (in the case of a

48

Congregation, the request shall be made through its

Presbytery), and the Placements Committee may at its

discretion approach the Minister concerned after

consultation with the Presbytery in the bounds of which

the Minister is placed or with any other appropriate body.

In the case of an approach to a Minister not listed which

may result in an inter-Synod transfer, the prior consent of

the Placements Committee of the other Synod shall be

obtained.

(e) Ministers who are listed as eligible to accept a call shall

ensure that an up-to-date ministerial profile, prepared

according to Assembly guidelines, is lodged with the

secretary of the Placements Committee.

 

CREATING APPROVED PLACEMENTS

 

2.6.3 (a) (i) An approved placement is the position of

responsibility for the regular discharge of the

duties of the ministerial office to which a Minister

is or may be called.

(ii) Youth Workers and Lay Pastors may also be called

to approved placements.

(iii) A Synod may from time to time declare that

certain positions which are not under the

jurisdiction of the Church (but which require the

regular discharge of the duties of the ministerial

office) are approved placements in which

Ministers or ordinands may serve. Deacons,

because of the particular focus of their ministry,

may often serve in placements which are not under

the jurisdiction of the Church.

(b) A Minister, Youth Worker or Lay Pastor shall be called to

serve in an approved placement as provided in these

Regulations.

(c) A call to a placement gives effect to the perceived will of

God as expressed by a decision of a council or councils of

the Church and by the response of the Minister, Youth

Worker or Lay Pastor concerned. After careful

consideration and prayer, the Minister, Youth Worker or

Lay Pastor discerns therein an expression of the will of

God in relation to ministry at that time.

49

(d) With the agreement of the Minister, Youth Worker or Lay

Pastor and the body which calling him or her to a

placement within the bounds, a Presbytery may determine

that a portion of the Minister’s, Youth Worker’s or Lay

Pastor’s time be available to serve the Church beyond the

particular placement. Such time shall be related to

specific activities and the arrangements shall be

documented, monitored and reconsidered annually.

(e) Approved placements within the bounds of the Assembly

shall be designated by the Assembly or its Standing

Committee.

(f) Approved placements within the bounds of a Synod shall

be designated by the Placements Committee

 

PRIORITY PLACEMENTS

 

2.6.4 (a) The Placements Committee may designate certain

approved placements as Priority placements.

(b) Priority placements shall be made by the Placements

Committee.

(c) Subject to consultation with the Presbytery or other body

concerned, the Placements Committee may approach any

Minister in whatever year of placement to fill a Priority

placement.

 

ISSUING CALLS

 

2.6.5 (a) The Placements Committee has responsibility for issuing

calls:

(i) to ordinands in respect of their initial placements;

(ii) to Ministers received under Regulation 2.5.1 in

respect of their initial placements;

(iii) for filling Priority placements;

(iv) for filling placements at the request of a

Presbytery.

(b) Placements within the bounds of a Presbytery shall be

made by the Presbytery with the exceptions listed in

Regulation 2.6.5(a). The Presbytery shall consult with the

50

Placements Committee concerning all vacancies in the

Presbytery.

(c) Any Presbytery may refer any or all of its responsibilities

in placement matters to the Placements Committee.

(d) A Presbytery may delegate any or all of its

responsibilities regarding placements to its Pastoral

Relations Committee.

(e) Synod placements shall be made by the Synod with the

exception of placements listed in Regulations 2.6.5(a).

(f) Assembly placements shall be made by the Assembly.

(g) Each placement shall be made in consultation with the

Minister and any other body concerned.

 

PLACEMENT PROCESS FOR A CONGREGATION OR

 

PRESBYTERY PLACEMENT

 

2.6.6 Decision to Seek a Placement

 

(a) At the earliest opportunity after a vacancy exists or is

known to be impending in a placement over which the

Presbytery has oversight, the Presbytery and the

Congregation or other body affected by the vacancy shall

jointly conduct a special consultation/mission study in

order to recommend if the vacancy shall be filled, and if

so

(i) recommend to the Placements Committee which of

the Specified Ministries is appropriate, which

Council or body should issue the call and whether

the placement will be a Congregation, Presbytery

or other body placement;

(ii) prepare a profile for the placement according to the

Assembly guidelines; and

(iii) recommend whether to seek Placements

Committee approval to advertise for expressions of

interest although such approval is not required for

Youth Worker placements.

(b) A placement profile shall be submitted for approval by

the Church Council and by the Presbytery before

submission to the Placements Committee.

51

 

Appointing a Joint Nominating Committee

 

(c) For a placement to be filled by call of the Congregation, a

Joint Nominating Committee shall be constituted as

follows:

(i) at least two persons appointed by the Presbytery,

one of whom shall be appointed by the Presbytery

as chairperson, and preferably at least one of

whom shall be a member of the Pastoral Relations

Committee;

(ii) two to six persons appointed by the Congregation;

(iii) in circumstances where the Presbytery considers a

larger Joint Nominating Committee advisable, up

to four additional persons appointed by the

Congregation.

(d) Half the number of members of the Joint Nominating

Committee shall constitute a quorum, of whom at least

one shall be a Presbytery appointee and at least one shall

be an appointee of the Congregation or other body.

(e) For a placement to be filled by the call of the Presbytery,

Presbytery shall appoint a Joint Nominating Committee

with a maximum of eight members, the majority of whom

are Presbytery members. Other persons with involvement

or interest in the particular ministry may be included.

(f) For placements known as Presbytery Minister/Officer, the

Joint Nominating Committee will consist of those

appointed by the Presbytery together with two persons

appointed by the Placements Committee, at least one of

whom is not a serving Presbytery Minister/Officer.

 

Recommendations from Placements Committee

 

(g) After considering the placement profile and the list of

Ministers, Youth Workers and Lay Pastors eligible for a

new placement, the Placements Committee shall

recommend up to three Ministers, Youth Workers or Lay

Pastors for consideration by the Joint Nominating

Committee:

(i) the Placements Committee may choose to appoint

one of its members together with a Placements

Committee member from the Presbytery

52

concerned, to meet with the Joint Nominating

Committee prior to consideration of eligible

Ministers;

(ii) the Joint Nominating Committee may itself

suggest names of Ministers, Youth Workers or Lay

Pastors for the Placements Committee to consider;

(iii) Ministers, Youth Workers or Lay Pastors may

express interest in having their names considered

for one or more placements;

(iv) the Placements Committee may recommend a

Minister, Youth Worker or Lay Pastor for no more

than two placements at any one time.

(h) The profile of each recommended Minister, Youth

Worker or Lay Pastor will be forwarded to the Joint

Nominating Committee, and the reasons for the

recommendation shall be communicated by the

Placements Committee to the Joint Nominating

Committee.

(i) The profile of the Congregation or other body will be

forwarded to the Ministers, Youth Workers or Lay

Pastors concerned, and the reasons for the

recommendation shall be communicated by the

Placements Committee to the Ministers.

(j) The Pastoral Relations Committee on behalf of the

Presbytery may, if it wishes, comment to the Joint

Nominating Committee on the appropriateness of one or

more of the names of Ministers, Youth Workers or Lay

Pastors recommended by the Placements Committee to

fill the vacancy.

 

Joint Nominating Committee Conversation

 

(k) The Joint Nominating Committee may approach for

conversation only those Ministers, Youth Workers or Lay

Pastors whose names have been recommended to it by the

Placements Committee. Similarly, Ministers, Youth

Workers or Lay Pastors may approach for conversation

only those Joint Nominating Committees recommended

to them by the Placements Committee:

(i) conversation may include formal and informal

discussions, mutual visits and informal gatherings;

53

(ii) while there is no obligation on either the Joint

Nominating Committee or a Minister, Youth

Worker or Lay Pastor to proceed to call, they are

to take into account that the recommendations

emerge from the collective wisdom of the Church;

(iii) the Joint Nominating Committee may have

conversations with each recommended Minister,

Youth Worker or Lay Pastor before making a

decision on any; similarly, Ministers, Youth

Workers or Lay Pastors may have conversations

with each Joint Nominating Committee before

making a decision on any;

(iv) at any time a Minister, Youth Worker or Lay

Pastor or a Joint Nominating Committee may

decline to proceed with a conversation and will

advise the Placements Committee in writing of

their reasons for doing so.

(l) The Joint Nominating Committee shall make a decision

about the recommended names of Ministers, Youth

Workers or Lay Pastors provided by the Placements

Committee within two months of receiving them. This

decision will normally be conveyed to the Placements

Committee through the Presbytery appointee/s on the

Joint Nominating Committee.

 

Issuing A Call

 

(m) When the Joint Nominating Committee wishes to

recommend that a call be issued, it must obtain the

approval of the Presbytery or, where authority has been

delegated under Regulation 3.7.3(b)(vi), of the Pastoral

Relations Committee. When approval has been granted,

and the Minister, Youth Worker or Lay Pastor consents to

the recommendation, the Joint Nominating Committee

shall:

(i) for placements in a Congregation, recommend to a

meeting of each Congregation involved in the

placement that a call be issued;

(ii) for Presbytery placements, recommend to a

meeting of the Presbytery that a call be issued; if

the Presbytery placement is to provide the primary

ministry in particular Congregations, those

Congregations shall be given opportunity to

54

express their mind on the recommendation prior to

any Presbytery decision to issue a call.

(n) If a Congregation or Presbytery resolves to issue a call,

letters of call are to be sent within three days of the

decision being made by the body issuing the call. The

letter shall include the date on which the placement will

commence. The Minister, Youth Worker or Lay Pastor

shall respond within fourteen days of receiving the letter

of call.

 

PLACEMENTS OTHER THAN CONGREGATIONS AND

 

PRESBYTERIES

 

2.6.7 (a) Where the body in which a Minister, Youth Worker or

Lay Pastor is to be placed is neither a Congregation nor

Presbytery, the principles set out in Regulation 2.6.6 shall

be followed as closely as possible.

(b) If the placement is a Chaplaincy position, the Joint

Nominating Committee should include representatives of

the Presbytery, the agency in which the placement is

situated and at least one serving chaplain.

(c) Joint Nominating Committees responsible for Synod or

Assembly placements shall seek from Placement

Committees the names of persons who could be

considered suitable to fill a vacancy. These Joint

Nominating Committees may also advertise for

expressions of interest.

 

EXTENSION OF CONGREGATION PLACEMENTS BEYOND THE

 

TENTH YEAR

 

2.6.8 (a) (i) A placement in a Congregation may be extended

by the Presbytery beyond the tenth year by

agreement of the Minister, Youth Worker or Lay

Pastor, Congregation and Presbytery.

(ii) Any extension shall require a two-thirds majority

by secret ballot of those present in each of the

meetings of the Church Council, the Congregation

and the Presbytery.

(b) Such extensions may be for periods of up to five years at a

time.

55

(c) A decision to extend a placement may be made at any

time during the ninth and tenth year of a placement, or, in

the case of any subsequent extension, at any time during

the last two years of the current extension.

(d) When considering requests for extension the Presbytery

shall:

(i) consult with the Congregation, and give

consideration to the continued growth in the

mission and development of the Congregation;

(ii) consult with the Minister, Youth Worker or Lay

Pastor, and give consideration to the welfare and

vocational growth of the minister; and

(iii) seek advice from the Placements Committee.

[Korean]

 

DESIGNATING AN APPOINTMENT AS APPROPRIATE FOR THE

 

MINISTRY OF PASTOR

 

2.6.9 (a) A ministry location shall be designated as an appropriate

appointment for the exercise of the ministry of Pastor for

the purposes of these Regulations when

(i) the position description of the role the person

undertakes includes one or more of the tasks named in

Regulation 2.2.2; and the Presbytery, (or Synod in the

case of a Synod appointment, or Assembly in the case

of an Assembly appointment) designates that the

position description and ministry location are suitable

for the exercise of the ministry of Pastor; or

(ii) a lay person is appointed to fill an approved placement.

(b) When the Presbytery, (or Synod in the case of a Synod

appointment, or Assembly in the case of an Assembly

appointment), has resolved to recognise a ministry

location as appropriate for the exercise of the ministry of

Pastor, it shall advise the faith community,

congregation(s) or other appropriate body and the

Placements Committee.

(c) Before making an appointment

(i) the appointing body in the case of an application made

under Regulation 2.3.3(a)(i) shall obtain advice from

56

the Presbytery that the applicant has been able to

demonstrate the core competencies; and

(ii) the Synod body in the case of applications made under

Regulation 2.3.3(a)(ii) shall satisfy itself that the

applicant can demonstrate the core competencies for

the ministry of Pastor.

(d) Where an applicant cannot demonstrate the core

competencies the Presbytery (or the Synod in the case of a

Synod appointment, or the Assembly in the case of an

Assembly appointment), may grant permission to make

the appointment subject to a three month probation period

by the end of which time the person shall have

demonstrated the core competencies.

 

2.7 STIPENDS AND CONDITIONS

 

STIPEND

 

2.7.1 (a) A Minister, Youth Worker or Lay Pastor called to serve in

an approved placement under the jurisdiction of the

Church shall be paid a stipend:

(i) if full-time, not less than the minimum rate determined

by the Synod;

(ii) if part-time, calculated on a proportionate basis of the

minimum rate determined by the Synod.

(b) In exceptional circumstances a Minister, Youth Worker or

Lay Pastor serving in a particular full-time or part-time

approved placement may be paid a stipend on a different

basis than provided for in (a) above or no stipend subject

to:

(i) the approval of the Minister, Youth Worker or Lay

Pastor;

(ii) the approval of the Presbytery or other appointing

body and the Placements Committee, taking into

account the fairness of the arrangements in the

circumstances;

(iii) a review at any time at the request of the Minister,

Youth Worker or Lay Pastor; and

(iv) no less frequently than every two years, after a

review initiated by the Presbytery or other

appointing body, a reassessment of the stipend

57

approved by the Minister, Youth Worker or Lay

Pastor, the Presbytery or other appointing body

and the Placements Committee.

Any such arrangement shall not transfer to another

Minister, Youth Worker or Lay Pastor called to serve in the

placement.

(c) Provision for the housing of Ministers in placement and

for travelling allowances, leave entitlements, insurances

and expenses of such Ministers shall be made in

accordance with the determination of the Synod or other

determining body.

 

CONDITIONS OF PLACEMENT

 

2.7.2 (a) A placement of a Minister, Youth Worker or Lay Pastor

shall normally commence on the first day of the month

and terminate on the last day of the month.

(b) A placement may commence and terminate at any time as

agreed between the Presbytery and Congregation or other

body which calls the Minister, Youth Worker or Lay

Pastor, having regard to the needs of the Minister, Youth

Worker or Lay Pastor and the Congregation or other body

to which the Minister, Youth Worker or Lay Pastor is

called and the normal expectation that not less than three

months notice of termination of a placement will be

given.

(c) A Minister, Youth Worker or Lay Pastor entering a new

placement may be permitted by the Congregation or other

body to which the Minister, Youth Worker or Lay Pastor

is called or, failing their agreement, by the Presbytery, to

assume responsibilities on a designated date after the

placement commencement date but normally no later

than:

(i) the fifteenth day after the placement

commencement date in respect of an intrasynod

move;

(ii) the twenty-first day after the placement

commencement date in respect of an intersynod

move.

58

 

CONDITIONS OF PLACEMENT FOR MINISTERS

 

2.7.3 (a) The placement of a Minister in a pastoral charge shall

normally be made for an undefined term but shall not

continue beyond ten years except as provided in

Regulation 2.6.8.

(b) Placements other than in Congregations shall be of such

duration as the body making the placement determines

and shall normally be reviewed every fifth year in a

manner to be determined by the body making the

placement.

(c) Placements current at the date of the first Assembly shall

continue in the terms of the original terms of placement

unless otherwise agreed between the parties.

[Korean]

 

CONDITIONS OF APPOINTMENT FOR A PASTOR

 

2.7.4 (a) The Presbytery, (or the Synod in the case of a Synod

appointment, or the Assembly in the case of an Assembly

appointment), shall approve the terms and conditions of

appointment.

(b) The appointment shall be subject to regular evaluation by

the Presbytery, (or the Synod in the case of a Synod

appointment, or the Assembly in the case of an Assembly

appointment), in consultation with the Pastor and the

Congregation or other appropriate body.

 

CONDITIONS OF PLACEMENT FOR YOUTH WORKERS AND

 

LAY PASTORS

 

2.7.5 The placement of a Youth Worker or Lay Pastor shall normally

be made for a period of three years, with the possibility of

extension of up to three years at a time to a total maximum of ten

years. In the final year of the initial term or any subsequent

extension, a decision shall be taken by the body making the

placement as to whether or not the Youth Worker or Lay Pastor

is invited to continue for a further term in the placement. In the

case of a placement in a Congregation, the decision of the

Presbytery shall be made on the advice of the Church Council.

Extensions beyond the tenth year shall be determined in

accordance with Regulation 2.6.7.

59

 

CONDITIONS OF APPOINTMENT FOR COMMUNITY

 

MINISTERS

 

2.7.6 (a) Prior to commissioning the Presbytery shall consult with

the candidate and with the community, Congregation or

other appropriate body, to consider the need for any

revision to the position description and conditions of

appointment determined at the time the candidate

commenced their ministry.

(b) The Presbytery may review the terms and conditions of

appointment as and when it sees fit and shall do so no less

frequently than each two years.

(c) The minimum term of appointment of a Community

Minister is two years. The appointment may continue for

an indefinite period subject to regular evaluation by the

Presbytery in consultation with the Community Minister,

the community, Congregation or other appropriate body.

(d) The Presbytery shall evaluate the community ministry no

less frequently than each two years, and may do so at any

time at its own initiative or at the request of the

Community Minister, the community, Congregation or

other appropriate body.

 

2.8 INDUCTION, COMMISSIONING AND

 

COMMENCEMENT SERVICES

 

INDUCTION

 

2.8.1 (a) The Presbytery (or the Synod in the case of a Synod

placement, or the Assembly in the case of an Assembly

placement), shall be responsible for inducting a Minister

into a placement.

(b) The Presbytery shall participate in any service of worship

in which a Minister is inducted or commissioned.

(c) The induction shall be conducted in the manner prescribed

by the Assembly.

60

 

COMMISSIONING OF A PASTOR

 

2.8.2 The Presbytery, (or the Synod in the case of a Synod

appointment, or the Assembly in the case of an Assembly

appointment), shall be responsible for conducting a service of

commissioning. The commissioning service shall be conducted

on the commencement of an appointment of a Pastor and in

accordance with a form authorised by the Assembly.

 

SERVICE TO MARK THE COMMENCMENT OF A PLACEMENT

 

OF A YOUTH WORKER OR LAY PASTOR

 

2.8.3 (a) The Presbytery shall be responsible for conducting a

service to mark the commencement of a placement of a

Youth Worker or Lay Pastor in a placement within the

bounds of the Presbytery.

(b) The Synod or Assembly shall be responsible for

conducting a service to mark the commencement of a

placement of a Youth Worker in a placement in the Synod

or Assembly or their agencies or any other body, and shall

ensure that the appropriate Presbytery participates.

 

2.9 ACCOUNTABILITIES AND

 

MEMBERSHIPS

 

ACCOUNTABILITY OF A MINISTER

 

2.9.1 Each Minister shall be accountable and responsible in matters of

faith and discipline to the Presbytery in which their name is

listed on the Presbytery roll.

 

ACCOUNTABILITY OF A PASTOR

 

2.9.2 (a) A Pastor shall be accountable to the Presbytery which has

oversight of the Pastor in matters of faith and discipline

and to the appointing body for the exercise of their

ministry.

(b) Pastors are subject to the Code of Ethics and Part 5 of

these Regulations.

 

MEMBERSHIP OF A MINISTER

 

61

 

2.9.3 A Minister in a placement in a Congregation(s) shall be listed on

the roll of confirmed members of one Congregation within the

pastoral charge.

In all other cases, a Minister shall be listed on the roll of

confirmed members of the Congregation with which the Minister

chooses to be actively involved and the Minister shall advise the

Presbytery of the Congregation chosen.

 

MEMBERSHIP OF A PASTOR

 

2.9.4 A Pastor shall be:

(a) included on the roll of confirmed members, or membersin-

association, of a Congregation in which the Pastor is

serving, or, where the appointment is other than in a

Congregation, included on the roll of confirmed members,

or members-in-association, of the Congregation with

which the Pastor chooses to be actively involved;

(b) a member of the Church Council of the Congregation in

which the Pastor is serving, if serving in a congregational

context unless the Presbytery, after consultation with the

Congregation, determines otherwise;

(c) a member of the Presbytery (See Reg. 3.3.4(c)(i)), and

eligible for election as a lay member of the Synod and the

Assembly.

 

MEMBERSHIP ENTITLEMENTS OFA MINISTER FROM

 

ANOTHER DENOMINATION

 

2.9.5 (a) A person who is ordained or recognised as a minister in a

church of another denomination recognised by the

Church, and who

(i) has been seconded, commissioned, released or

otherwise authorised by that other denomination to

work in the Church, and

(ii) is serving in an approved placement to fulfil

substantially the responsibilities of a Minister,

shall be eligible to be elected or appointed to membership

of any body or council of the Church (including but not

limited to, a Church Council, a Synod or the Assembly).

62

(b) If such body or council is so constituted that any member

must be counted as either a lay or a ministerial member,

then a person so appointed or elected shall be counted as

a ministerial member.

(c) A person who satisfies the provisions of Regulation

2.9.5(a) and who would if a Minister of the Church be, ex

officio, a member of any council of the Church shall,

while so serving, be a member ex officio of such council.

(d) Except as may have been otherwise arranged by the

Church with a person serving in accordance with this

Regulation such a person shall (except in respect of any

matter affecting the status of the person as a minister in a

church of another denomination) as far as possible enjoy

all the rights and privileges and be subject to the same

responsibilities and obligations as would apply to a

Minister of the Church.

 

ACCOUNTABILITY OF A YOUTH WORKER, LAY PASTOR OR

 

COMMUNITY MINISTER

 

2.9.6 A Youth Worker, Lay Pastor, Community Minister or candidate

for Community Minister are:

(a) under the pastoral care and oversight of the Presbytery of

which they are a member

(b) in matters of faith and discipline, accountable to the

Presbytery, and are(with the exception of the candidate for

Community Minister) subject to Part 5 of these

Regulations;

(c) in the exercise of their ministry, accountable to:

(i) the Presbytery, in the case of placements or

appointments in a Congregation or a Presbytery;

(ii) the Synod or its delegated body, in the case of

placements or appointments in a Synod or Synod

agency;

(iii) the Assembly or its delegated body, in the case of

placements or appointments in the Assembly or an

Assembly agency;

(iv) the body with whom they are placed or appointed,

and the Synod or its delegated body, in the case of

63

placements other than in a Congregation,

Presbytery, Synod or the Assembly.

 

MEMBERSHIP OF A YOUTH WORKER, LAY PASTOR OR

 

COMMUNITY MINISTER

 

2.9.7 (a) A Youth Worker, Lay Pastor or Community Minister

shall be:

(i) included on the roll of confirmed members, or

members in association, of a Congregation in

which they are serving, or, where the placement is

other than in a Congregation, included on the roll

of confirmed members, or members in association,

of the Congregation with which they choose to be

actively involved;

(ii) a member of the Church Council of the

Congregation in which they are serving, if serving

in a congregational context.

(iii) a member of the Presbytery (See Reg. 3.3.4(c)(i)),

and

(iv) eligible for election as a lay member of the Synod

and the Assembly.

(b) A candidate for Community Minister is a member of the

appropriate Church Council and an associate member of

Presbytery.

 

2.10 TERMINATION AND WITHDRAWAL OF

 

RECOGNITION

 

TERMINATION OF PLACEMENT OF A MINISTER, YOUTH

 

WORKER OR LAY PASTOR

 

2.10.1 Placement in a Congregation

 

(a) A placement in a Congregation within the bounds of a

Presbytery may be terminated at any time by the

Presbytery according to the procedures in this Regulation.

(b) Any decision by a Presbytery to terminate a placement in

a Congregation shall normally be made as a result of a

consultation on the life and witness of the Congregation.

The Presbytery shall consider any request for the

termination of a placement in a Congregation made by

64

the Church Council pursuant to a resolution carried by a

two thirds majority of members present at a special

meeting.

(c) A placement in a pastoral charge shall not be terminated

by the Presbytery within the first five years (or in the case

of the first placement of a Minister following ordination,

Youth Worker or Lay Pastor, three years) except in

special circumstances, and either:

(i) at the request of the Minister, Youth Worker or

Lay Pastor, or

(ii) at the request of the Church Council by a two

thirds majority of members present at a special

meeting, or

(iii) at the initiative of the Presbytery after consultation

with the Placements Committee.

(d) Where a Presbytery has delegated its authority to its

Pastoral Relations Committee a Church Council may

appeal to the Presbytery against any decision of the

Committee.

(e) Any decision of the Presbytery or its Pastoral Relations

Committee to terminate a placement shall be by a two

thirds majority of those present at the meeting.

(f) A placement in a pastoral charge shall not be terminated

by a Presbytery during the term of any extension beyond

ten years pursuant to Regulation 2.6.8 except on the same

conditions as set out in (c) above.

 

Placements Other Than Congregations

 

(g) Placements other than in Congregations may be

terminated at any time by the Presbytery, Synod or

Assembly as the case may be, after consultation with the

Minister, Youth Worker or Lay Pastor and other bodies

concerned.

 

Placements Committee

 

(h) The Placements Committee:

(i) acting on its own initiative or on the request of a

Presbytery, the Synod or the Assembly may

terminate a placement at any time;

65

(ii) shall act on its own initiative only after

consideration of the good of the whole Church and

either in order to meet the particular needs of a

Minister, Youth Worker or Lay Pastor or to

provide ministry in a Priority placement;

(iii) shall terminate a placement only after consultation

with the Minister, Youth Worker or Lay Pastor, the

pastoral charge, other appropriate bodes and the

relevant Presbytery.

(i) Whenever a council or the Placements Committee is

considering terminating a placement it shall appoint a

person to provide pastoral care and support to the

Minister, Youth Worker or Lay Pastor.

 

Appeal

 

(j) A Minister, Youth Worker or Lay Pastor whose

placement has been terminated shall have a right of

appeal which shall be dealt with in accordance with Part 6

of these Regulations. The appeal shall be directed to:

(i) the Synod Secretary when the termination decision

is made by a Presbytery;

(ii) the Assembly General Secretary Synod Secretary

of the Synod in which the appeal arises, who on

the advice of the Convenor of the Standing Appeal

Panel shall refer the appeal to another Synod for

action, when the termination decision is made by a

Synod, Placements Committee or Assembly; and

(k) Any Appeal Panel appointed to review a decision to

terminate by the Assembly shall not include members of

the Assembly Standing Committee.

[Korean]

 

TERMINATION OF RECOGNITION OF A PASTOR

 

2.10.2 The recognition of a Pastor shall cease upon:

(a) the acceptance by the appointing body of the Pastor’s

resignation from a ministry location which has been

designated as appropriate for the ministry of Pastor;

66

(b) the determination by the Presbytery, (or the Synod in the

case of a Synod appointment, or the Assembly in the case

of an Assembly appointment), that the general

competencies identified by the Ministerial Education

Commission as appropriate for the particular ministry in

which the Pastor is engaged have not been demonstrated

within the period of time determined by the Presbytery,

(or the Synod in the case of a Synod appointment, or the

Assembly in the case of an Assembly appointment);

(c) the termination of the appointment of the Pastor for

whatever reason; or

(d) the determination of the Committee for Discipline

pursuant to Regulation 5.7.4(r)(vi), subject to the

Regulations relating to appeal.

Where a Pastor is appointed to an approved placement the

Regulations related to the termination of a placement shall not

apply.

 

WITHDRAWAL OF RECOGNITION OF A MINISTER

 

2.10.3 The recognition of a Minister may be withdrawn by the Synod by

reason of:

(a) the acceptance by the Presbytery with which the Minister

is enrolled of a resignation from the ministry;

(b) continuing in the designation of awaiting placement for

more than two years unless the Placements Committee

and the Presbytery both agree, by a two-thirds majority of

those present and voting, that there are circumstances

which warrant the extension of the term by a further year;

or

(c) a determination of the Committee for Discipline pursuant

to Regulation 5.7.4(r)(vi), subject to the Regulations

relating to appeal.

 

WITHDRAWAL OF RECOGNITION OF A LAY PREACHER

 

2.10.4 (a) Recognition shall be withdrawn by the Presbytery if the

Lay Preacher ceases to be a member of the Church.

67

(b) The Presbytery may withdraw recognition by a two thirds

majority of those present and voting if after receiving a

report from the Church Council or arising from

consultation on the life and witness of a Congregation in

accordance with Regulation 3.1.4, it determines that the

Lay Preacher has failed to maintain a satisfactory

relationship with the life of the Church or is no longer

conforming to standards of a member and Lay Preacher of

the Church or complying with the discipline of the

Church, including the Code of Ethics for Lay Preachers.

(c) If a Lay Preacher whose recognition has been withdrawn

in accordance with the provisions of this Regulation seeks

to be reinstated, the Church Council shall consider and

determine the matter, after consultation with the

Presbytery by which recognition was withdrawn.

(d) Any Lay Preacher whose recognition has been withdrawn

by the Presbytery may appeal to the Synod which shall

appoint a committee to review the matter and the

determination of this committee shall be final.

 

TERMINATION OF APPOINTMENT OF A COMMUNITY

 

MINISTER

 

2.10.5 (a) The Presbytery may terminate the appointment of a

Community Minister at any time when, after consultation

with the Community Minister and with the community,

Congregation or other appropriate body, it is satisfied of

any of these reasons:

(i) the request of the Community Minister, the

community, Congregation or other appropriate

body;

(ii) the need for the community ministry has ceased;

(iii) the Community Minister is no longer a member of

the community;

(iv) the Community Minister is no longer living within

the faith and unity of the Church as expressed in

the Basis of Union;

(v) the Community Minister refuses to undertake

continuing education;

(vi) the Community Minister refuses to accept the

oversight of the Presbytery;

68

(vii) the Community Minister is no longer able to fulfil

the requirements of the ministry.

(b) A decision to terminate the appointment requires a two

thirds majority of those present and voting at a Presbytery

meeting. Before a decision is taken, the Presbytery shall

afford the Community Minister an opportunity to address

the Presbytery, in person or through a representative.

(c) The appointment shall terminate if the Committee for

Discipline has so determined pursuant to Regulation

5.7.4(r)(vi).

(d) In the event of termination of appointment, the Presbytery

is responsible for the ongoing pastoral care of the person,

the community, Congregation or other appropriate body.

(e) When an appointment is terminated, the person ceases to

be a Community Minister. Such a person is eligible to be

invited to take up community ministry in another

community, in which case the person’s previous

preparation, experience and record of ministry shall be

taken into account by the Presbytery and the Ministerial

Education Board.

 

WITHDRAWAL OF ACCREDITATION OF A YOUTH WORKER

 

2.10.6 (a) The accreditation of a Youth Worker may be withdrawn

by the Synod by reason of:

(i) the acceptance by a Presbytery of a resignation

from the ministry of Youth Worker; or

(ii) continued failure to accept a placement without, in

the opinion of the Synod, reasonable cause.

(b) The accreditation of a Youth Worker shall, subject to the

Regulations relating to appeal, be withdrawn by the

Synod where the Committee for Discipline has so

determined pursuant to Regulation 5.7.4(r)(vi).

 

WITHDRAWAL OF RECOGNITION OF A LAY PASTOR

 

2.10.7 The recognition of a Lay Pastor shall cease upon:

(a) the acceptance by the Synod of a resignation from the

ministry of Lay Pastor;

69

(b) the termination of the placement of, or expiry of a leave of

absence granted to, a Lay Pastor where the Lay Pastor

does not immediately commence a new placement or

other ministry position recognised by a Presbytery; or

(c) the determination of the Committee for Discipline

pursuant to Regulation 5.7.4(r)(vi), subject to the

Regulations relating to appeal.

 

2.11 COLLEGIATE AND TEAM MINISTRY

 

RELATIONSHIPS

 

MINISTERS-IN-ASSOCIATION

 

2.11.1 (a) Any Minister who is not in an approved placement in a

Congregation(s) nor designated not available for

placement may on the invitation of a Church Council and

with the approval of the Presbytery become a Minister-in-

Association to fulfil such pastoral, preaching or other

responsibilities as may be agreed with the inducted

Minister(s) prior to the approval by Presbytery.

(b) The term of service of a Minister-in-Association shall be

not more than two years. It may be renewed with the

approval of the Presbytery.

(c) The term of service of a Minister-in-Association shall

cease whenever there is a change of or within any

placement in the Congregation or pastoral charge. A new

invitation may be issued after the change in accordance

with Regulation 2.11.1(a).

(d) The Church Council shall be responsible for determining

any appropriate remuneration for a Minister-in-

Association.

 

COLLEGIATE MINISTRY

 

2.11.2 Where within any one pastoral charge more than one Minister is

placed to share the ministerial responsibilities,

(a) they shall be recognised as colleagues of equal standing;

70

(b) for the better fulfilment of the mission of the Church, the

better use of gifts and graces of the Ministers and the

better ordering of the life of the pastoral charge, specified

responsibilities may from time to time be allocated to a

particular Minister, as determined either

(i) by the Ministers serving in the pastoral charge,

with the approval of the Church Council; or

(ii) by the Church Council, with the approval of the

Ministers serving in the pastoral charge.

In the event of disagreement, either the Church Council or any of

the Ministers may refer the matter to the Presbytery which shall

investigate and determine any or all of the matters in question.

Any arrangements made at the time of the commencement of the

placement of the Ministers shall be taken into account in any

determinations made under this Regulation.

[Korean]

 

MINISTRY TEAMS

 

2.11.3 (a) Church Councils and other appropriate bodies may

determine that a ministry team is to function within a

pastoral charge or part of a pastoral charge, for the

purpose of better enabling Christ’s mission within the

pastoral charge, and shall designate the members of the

ministry team. A ministry team may consist of Ministers

serving in placements in the pastoral charge, those in

specified ministries serving in the pastoral charge, and

other lay and ordained leaders, whether stipended or nonstipended.

(b) A Church Council or other appropriate body will

designate the member of the ministry team who has

responsibility for convening meetings and co-ordinating

ministry functions.

(c) In the event of disagreement on the composition of the

ministry team or the designation of the person under (b),

the Church Council or any of the Ministers, Lay Pastors

or Youth Workers within the pastoral charge may refer

the matter to the Presbytery, which shall investigate and

determine the matter.

71

(d) The composition of the ministry team and the designation

of the person under (b) may be reviewed by the Church

Council or other appropriate body whenever deemed

appropriate, and shall be reviewed when there is a change

in a ministerial placement.

72

 

3. GOVERNMENT

 

AND ADMINISTRATION

 

3.1 RESPONSIBILITIES OF

 

CONGREGATIONS AND COUNCILS

 

PURPOSE AND RESPONSIBILITIES OF A CONGREGATION (See

 

Para 23, Constitution)

 

3.1.1

 

(a) A Congregation, as the embodiment in one place of the

one holy catholic and apostolic church, shall be those

members and adherents who worship, witness and serve

as a fellowship of the Spirit in Christ, and who meet

regularly to hear God’s Word, to celebrate the sacraments,

to build one another up in love, to share the wider

responsibilities of the Church, and to serve the world, and

who are recognised as a Congregation by the Presbytery.

(b) In fulfilling its purpose a Congregation shall:

(i) bear witness to that unity that is both Christ’s gift

and his will;

(ii) build up the members and adherents in faith and

love;

(iii) sustain the members and adherents in hope;

(iv) nurture the members and adherents in their growth

in grace;

(v) equip the members and adherents for engagement

in worship, witness and service in the world as they

participate in the mission of Christ;

(vi) discipline its members in love;

(vii) maintain pastoral oversight;

(viii) encourage each member and adherent to participate

in the life of the Congregation and endeavour to

provide opportunity for that participation; and

(ix) provide means whereby the members and adherents

may be sustained in fellowship, in prayer and in

confession, in baptism and in the Lord’s Supper, in

mutual reception of and mutual exertion in the

Gospel proclamation and service.

(c) The responsibilities of a Congregation include:

73

(i) participating in shared responsibilities with any

related Congregations;

(ii) fulfilling the ministry of the Church in and to the

community;

(iii) appointing Elders and other members of the

Church Council, and members of other bodies, as

required; (See Reg. 3.3.2)

(iv) appointing member(s) to the Presbytery; (See Reg.

3.3.4)

(v) making arrangements to call a Minister in

accordance with the Regulations; (See Reg. 2.6.6)

(vi) providing facilities and resources in support of the

work of the Congregation, including stipends and

allowances and other provisions for the support of

the ministry, provided that stipends shall be the

first charge on the funds of the Congregation;

(vii) meeting as required to transact business that

belongs to the Congregation;

(viii) advising the Church Council on property matters

affecting the Congregation;

(ix) maintaining all necessary and appropriate

relationships with the Presbytery and other councils

and bodies;

(x) such other things as are consistent with the

purposes of the Church and not the specific

responsibility of any other council or body within

the Church.

 

RESPONSIBILITIES OF THE CHURCH COUNCIL (See Para 24,

 

Constitution)

 

3.1.2 (a) The Church Council shall give priority in its life to

building up the Congregation in faith and love, sustaining

members in hope, and leading the Congregation to a fuller

participation in Christ’s mission in the world. This

priority shall be reflected in the agenda of its ordinary

meetings.

(b) The responsibilities of the Church Council include:

(i) sharing with the Minister(s) in mission and in the

pastoral care and spiritual oversight of the

Congregation;

(ii) nurturing the members and adherents in their growth

in grace;

74

(iii) making decisions in accordance with the Regulations

concerning baptism, confirmation and membership,

and the keeping and reviewing of the rolls of the

Congregation; (See Part 1 of these Regulations)

(iv) assisting the Minister(s) in the conduct of worship

and in the administration of the sacraments;

(v) determining the time and place of services of public

worship;

(vi) carrying out its functions in accordance with the

Regulations concerning applicants for the specified

ministries;

(vii) managing the financial affairs and the general

administration of the Congregation including the

reception, preparation and presentation of all

necessary budgets, statements and reports;

(viii) arranging for audit, presentation and examination of

the accounts of all the funds of the Congregation;

 

(See Reg. 3.8.7)

(ix) managing and controlling property in accordance

with the Regulations; (See Reg. 4.4.1)

(x) preparing and presenting to a meeting of the

Congregation an annual report concerning the life

and work of the Congregation including its worship,

mission and service, and making recommendations

with regard to the program for the ensuing year;

(xi) exercising oversight of the appointment of officers

and leaders of Congregational organisations;

(xii) referral of matters to Presbytery as prescribed;

(xiii) discipline of members (See Reg. 5.1.2 – 5.2.5);

(xiv) carrying out its functions in relation to Ministersin-

Association (See Reg. 2.11.1).

 

RESPONSIBILITIES OF THE PRESBYTERY (See Para 26,

 

Constitution)

 

3.1.3 Without limiting the generality of the responsibilities of a

Presbytery as set out in Paragraph 26 of the Constitution, a

Presbytery shall be responsible for:

 

Oversight of Ministers

 

(a) pastoral and administrative oversight of all Ministers and

pastoral charges within the bounds, including:

(i) counselling and disciplining of Ministers in

accordance with Regulations 5.4.1 – 5.4.3

75

(ii) ensuring Ministers receive regular professional

supervision;

(iii) providing opportunities for further training;

(iv) determining the intervals at which Ministers shall

be counselled by its Pastoral Relations Committee

in accordance with Regulations 3.7.3(b) and

5.4.3(a)

(b) maintaining and reviewing annually the roll of Ministers;

(c) including on its roll of Ministers:

(i) Ministers in approved placements in the Assembly

or a Synod who are placed on the roll of the

Presbytery by designation of the Assembly or that

Synod;

(ii) Ministers in approved placements in the

Presbytery;

(iii) Ministers in approved placements in Congregations

or other pastoral charges within the bounds of the

Presbytery; and

(iv) Ministers who are listed on the rolls of confirmed

members of Congregations within the bounds of

the Presbytery other than those who are on the rolls

of other Presbyteries by reason of (c)(i), (ii) or (iii)

above or by decision of the Synod.

 

Oversight of Congregations

 

(d) oversight of all Congregations within the bounds,

including:

(i) the formation of, the alteration of the bounds of and

the dissolution of Congregations and other pastoral

charges within the bounds; (See Reg. 3.4.1 and

3.4.4)

(ii) conducting consultations on the life and witness of

Congregations within the bounds in accordance

with Regulation 3.1.4;

(iii) receiving and dealing with matters referred to it by

Congregations and the transmission of those

matters where appropriate;

 

Wider Work of the Church

 

(e) promoting the wider aspects of the work of the Church,

including;

76

(i) setting up agencies as may be determined;

(ii) arranging for the contribution by Congregations of

funds for the purposes of the Presbytery, the Synod

and the Assembly and other approved purposes;

(iii) the promotion and conduct throughout the

Presbytery of such activities as will encourage and

instruct the people generally toward a better

understanding and a fuller participation in the

whole range of Christian witness and service;

 

Selection and Oversight of Candidates

 

(f) taking such part in the selection, pastoral care and

oversight of candidates for the specified ministries of the

Church as required by the Synod and/or Assembly;

(g) dealing with applications from Ministers of the Word or

Deacons concerning change of ordained ministry in

accordance with Regulation 2.3.2.6;

 

Ordination, Accreditation or Recognition of Specified

 

Ministries

 

(h) the ordination of candidates who have fulfilled the

prescribed requirements for the office of Minister of the

Word or Deacon;

(i) recognising specified ministries;

 

Placement and Appointment of Specified Ministries and

 

Supervision of Vacancies

 

(j) the supervision of vacancies in pastoral charges and the

filling thereof subject to any right of the bodies concerned

to take part in the placement of Ministers;

(k) the placement of Lay Pastors and Youth Workers as may

be required;

(l) designating appointments for the Ministry of Pastor and

recognizing and commissioning Pastors;

(m) in the exercise of its responsibility for the supervision of

vacancies in pastoral charges, appointing one or more

Presbytery Liaison Persons who shall have the right to

attend and speak at any meeting of the Congregation or its

77

Church Council during the vacancy. In most cases this

role will be given to one or more of the Presbyteryappointed

members of the Joint Nominating Committee.

 

Administration

 

(n) such administrative functions as may be necessary for the

satisfactory working of the Presbytery, including:

(i) receiving and dealing with applications to acquire

property or to sell, mortgage, exchange or lease the

property of pastoral charges in accordance with the

provisions of the relevant Acts and Regulations;

(ii) submitting Presbytery reports and records annually

to the Synod;

(iii) appointing a qualified auditor who shall audit the

books of account and report to the Presbytery at

least annually. (See Reg. 3.8.7)

 

Other

 

(o) such other responsibilities as may be prescribed by the

Assembly or Synod including the appointment of

members of those councils;

(p) providing for persons other than Ministers of the Word or

Deacons to preside at the celebration of the sacraments

where, in the opinion of the Presbytery, circumstances so

require;

(q) determining from time to time, and for good and sufficient

reasons, the extent to which a Minister who is designated

as on leave of absence, retired or not available for

placement (See Reg. 2.6.1) shall be limited in the exercise

of all or any of the functions of ministerial office. Any

such determination shall be immediately reported to the

Moderator and the Secretary of the Synod;

(r) delegating the duties of an officer of the Presbytery to

another officer as the Presbytery may determine.

 

CONSULTATIONS ON LIFE AND WITNESS OF A

 

CONGREGATION

 

3.1.4 (a) Consultations on the life and witness of a Congregation

shall be conducted by the Presbytery with the

Congregation including any Ministers, Youth Workers,

78

Pastors or Lay Pastors serving in placements in the

Congregation and any Community Ministers serving in

the Congregation.

(b) The purpose of the consultation shall be to strengthen the

life and witness of the Congregation, to assess future

ministerial and lay leadership needs, and to review the

records of the Congregation.

(c) A consultation shall normally take place every five years

at the discretion of the Presbytery regardless of the

duration of any current placement.

(d) The Presbytery may conduct a consultation at any time on

its own initiative, or at the request of the Church Council

or of a Minister serving in a placement in the

Congregation.

(e) The persons appointed by the Presbytery to undertake the

consultation shall:

(i) consult with such bodies and persons within the

Congregation as it determines;

(ii) report to the Presbytery and the Congregation; and

(iii) make such recommendations regarding the life and

witness of the Congregation (including matters

relating to placements and property) as they think

fit.

 

RESPONSIBILITIES OF THE SYNOD (Paragraph 32, Constitution)

 

3.1.5 The Synod in respect of those matters committed to it by the

Constitution or which may hereafter be assigned to it, possesses

that inherent power by which it may deal with and dispose of any

matter before it for which no precise or sufficient Regulation has

been made and the use of such power shall be included in the

minutes.

Without limiting the generality of the responsibilities of a Synod

as set out in Paragraph 32 of the Constitution, a Synod shall be

responsible for:

 

Promotion and Encouragement of the Mission of the Church

 

(a) assisting Congregations and Presbyteries in their

missionary responsibility through:

79

(i) producing and distributing resource materials;

(ii) providing training courses for Pastors, Lay

Preachers, teachers, Elders and other workers and

leaders;

(iii) providing re-training courses for Ministers;

(iv) recruiting and training Pastors, Lay Pastors, lay

administrators and other workers;

(v) providing for consultations, conferences and other

procedures to share missionary insights and plan

programmes of witness and service;

(vi) undertaking such other things as, in the opinion of

the Synod, will promote and encourage the mission

of the Church;

(vii) receiving from each Presbytery within the bounds

regular reports concerning the membership and

mission activities of the Congregations within that

Presbytery and in the light thereof the Synod

giving such counsel or take such action as it sees

fit;

(b) forming, naming, varying the bounds of and dissolving

Presbyteries within the Synod in accordance with

Regulations 3.4.6 – 3.4.7 ;

(c) selecting those from the Synod to be members of the

Assembly in accordance with Regulation 3.3.8;

(d) co-operating in the:

(i) selection of candidates for ministry in the Church;

(See Reg. 2.3.2.4) and

(ii) process of application for the ministry of Pastor;

(See Reg. 2.3.3(c))

(e) receiving Ministers from other denominations in

accordance with Regulation 2.5.1;

(f) overseeing the colleges and schools and other institutions

within the bounds (See Reg 3.7.4.7);

(g) determining the amount of money to be asked of other

councils and bodies within the bounds for the purposes of

the Synod including its responsibility to the Assembly;

80

(h) establishing an Advisory Committee on Ministerial

Placements (to be known as the Placements Committee)

(Reg 3.7.4.2);

 

Theological and Ministerial Education

 

(i) providing for the effective supervision of theological and

ministerial education within the bounds, in accordance

with the Regulations, including:

(i) ensuring that appropriate training facilities are

available, in accordance with standards prescribed

by the Assembly;

(ii) overseeing any theological colleges within the

bounds;

(iii) making provision for the cost of education and

training of candidates for ministry, by such means

as it shall determine or as directed by the

Assembly;

(iv) appointing members to the council of any

theological college for which the Synod has a

responsibility and through such councillors giving

oversight to the proper administration and

operation of the college;

(v) determining the procedures for the nomination

and/or appointment of staff of any recognised

theological colleges within the bounds and the

terms of appointment;

(vi) appointing a Ministerial Education Board or

designating an appropriate body or bodies to

exercise the responsibilities of the Ministerial

Education Board;

(vii) reporting to the Ministerial Education Commission

on ministerial education;

(j) being generally responsible to see that the discipline of the

Church is exercised in accordance with the Regulations

and where necessary providing for the hearing of appeals.

(See Part 5 and Part 6 of these Regulations)

 

Property

 

(k) providing for the effective supervision of property matters

within the bounds, in accordance with the property

Regulations, including:

81

(i) appointing the elected members of the corporate

trust in accordance with the provisions of the Acts

or Ordinances (as amended) as the case may be in

the State or Territory concerned;

(ii) appointing the members of the Property Board and

making any other appointments required under the

provisions of the property Regulations;

(iii) appointing an officer to administer property affairs

and related matters;

(iv) the general oversight and management of Synod

funds and of Synod policy and procedures relating

to property;

(See Part 4 of these Regulations)

(l) making Synod by-laws pursuant to the Constitution and

Regulations;

(m) appointing a Standing Committee and determine the

number of persons to comprise the Committee and how

they are to be elected.

 

RESPONSIBILITIES OF THE ASSEMBLY (See Para 38 and 39)

 

3.1.6 The Assembly, in respect of those matters committed to it by the

Constitution (Para 38) or which may hereafter be assigned to it,

possesses that inherent power by which it may deal with and

dispose of any matter before it for which no precise or sufficient

Regulation has been made and the use of such power shall be

included in the minutes.

Without limiting the generality of the responsibilities of the

Assembly as set out in Paragraph 38 and 39 of the Constitution,

the Assembly shall be responsible for:

(a) approving confessional statements on behalf of the

Church;

(b) approving orders of service for general use within the

Church and making prescriptions in particular cases; (See

Reg. 2.4.5, 2.4.7, 2.8.1 – 2.8.3)

(c) establishing such councils or other bodies as it sees fit for:

(i) the fulfilment of the mission of the Church;

(ii) the management and administration of the Church;

82

(iii) such other purposes as the Assembly may consider

appropriate;

(d) establishing a fund, to be known as the Uniting Church in

Australia Beneficiary Fund, providing benefits for

Ministers, for the spouses and any other dependents of

deceased Ministers and for such other purposes as may be

approved by the Assembly;

(e) making due provision for the raising of funds for the

support of activities under the oversight of the Assembly,

and prescribing the budgeting and reporting procedures

required in relation to such funds;

(f) appointing from among its members a Standing

Committee to hold office from the conclusion of the

meeting of the Assembly at which it is appointed until the

conclusion of the ensuing ordinary meeting of the

Assembly.

(g) changing the number, distribution or designation of

approved placements under the jurisdiction of the

Assembly

(h) approving a Codes of Ethics;

(i) approving Policies for the Prevention of Sexual

Misconduct;

[Korean]

 

3.2 UNITING ABORIGINAL AND ISLANDER

 

CHRISTIAN CONGRESS (See Division 4,

 

Constitution)

 

MEMBERSHIP

 

3.2.1 (a) All Aboriginal and Islander members of the Church are

members of the Uniting Aboriginal and Islander Christian

Congress (“the Congress”);

83

(b) The categories of membership of the Congress shall be as

defined by the National Conference of the Congress.

 

RESPONSIBILITIES

 

3.2.2. The Congress shall have responsibility for oversight of the

Church’s life and mission with and for the Aboriginal and

Islander people of Australia. In fulfilling this responsibility, the

Congress shall seek to work with the Assembly, Synods and

Presbyteries. Its responsibilities include, but are not limited to:

(a) supporting the proclamation of the gospel to Aboriginal

and Islander people;

(b) supporting the establishment of congregations of

Aboriginal and Islander people;

(c) taking action in the Church and in the Australian

community in relation to the needs and aspirations of

Aboriginal and Islander people;

(d) encouraging the expression of Christian theology from the

perspective of Aboriginal and Islander culture;

(e) relating to Aboriginal and Islander bodies of other

churches in Australia, whether directly or through

ecumenical bodies;

(f) overseeing the Church’s relationship with Aboriginal and

Islander organisations in Australia;

(g) relating directly to the indigenous bodies of churches

overseas and to international organisations of indigenous

peoples;

(h) appointing representatives of the Congress to the

Assembly;

(i) appointing the Ministerial Education Board of the

Congress.

 

GOVERNING STRUCTURE

 

3.2.3 (a) The Congress shall be governed by its National

Conference, which shall meet no less frequently than once

every four years. The composition of the voting

84

membership of the National Conference shall be

determined by the National Conference.

(b) The National Conference shall determine other

components of the government and administration of the

Congress.

 

OFFICERS

 

3.2.4 The National Conference of the Congress shall appoint a

National Chairperson and a National Administrator, whose duties

shall be determined by the National Conference. The Congress

may appoint other officers as the National Conference sees fit.

 

REPORTS TO ASSEMBLY AND SYNODS

 

3.2.5 (a) The Congress shall report to each ordinary meeting of the

Assembly and as requested to the Assembly Standing

Committee.

(b) The appropriate regional body of the Congress may report

from time to time to the ordinary meeting of the Synod

and to the Synod Standing Committee when requested.

 

TRANSFERS OF PROPERTY TO ABORIGINAL ORGANISATIONS

 

3.2.6 On receipt of a request from a Synod Property Board for approval

of the transfer of real estate from the Church to an Aboriginal and

Islander organisation, the National Executive of the Uniting

Aboriginal and Islander Christian Congress shall consult with the

appropriate regional body or Presbytery of the Congress and with

the Aboriginal and Islander organisation before making its

decision. (See Reg. 4.2.1(g)).

 

3.3 MEMBERSHIP OF COUNCILS

 

MEMBERSHIP OF THE CHURCH COUNCIL

 

3.3.1 (a) The membership of the Church Council shall consist of:

(i) the Ministers, Youth Workers and Lay Pastors who

are serving in approved placements in the

Congregation;

(ii) subject to Regulation 2.9.4(b), Pastors serving

within the Congregation;

85

(iii) Community Ministers and candidates for

Community Minister who are serving in

community ministry in the Congregation;

(iv) Ministers, being members of the Congregation, who

are Ministers-in-Association in accordance with

Regulation 2.11.1;

(v) subject to paragraph (b), Elders;

(vi) other confirmed members or members-in-association

elected by the Congregation (See Reg. 3.9.1(b) and

(c))

Subject to paragraph (b), the Church Council may co-opt not

more than two other confirmed members or members-inassociation

of the Congregation to membership of the Church

Council for such term not exceeding two years as the Church

Council shall determine.

(b) Unless the Presbytery authorises otherwise, Elders shall be

members of the Church Council and shall comprise at least

one half of the membership of the Church Council.

 

ELECTIONS OF ELDERS AND CHURCH COUNCILLORS

 

3.3.2 (a) In electing Elders and Church Councillors, the

Congregation shall recognise and appoint confirmed

members or members-in-association who are endowed

with gifts fitting them for the responsibilities of the office.

(b) Election shall be by written ballot in a meeting of the

Congregation. Prior notice of intention to hold such a ballot

must be given and the names of nominees shall be publicly

announced at least two weeks prior to the ballot being held.

(c) The meeting shall declare to be elected only such persons as

receive the support of a majority of those participating in the

ballot, or such higher percentage of those participating in the

ballot as the Congregation may have determined prior to the

call for nominations.

(d) The maximum number of Elders and other Church

Councillors to be elected, in addition to any Elders holding

life tenure, shall be determined by the Congregation from

time to time after advice from the Church Council.

86

(e) Elders and other Church Councillors shall be set apart by

prayer in a service of worship conducted by the Minister of

the Congregation, or if unavailable, by another person

appointed by the Presbytery to perform this duty.

(f) The term of office of an Elder and an elected Church

Councillor is for such period from one to five years as is

stipulated by the nominee and for which period the person is

then elected by the Congregation. At the expiry of the term

the Elder or Church Councillor shall be eligible for reelection.

[Korean]

 

TERMINATION OF OFFICE OF ELDERS AND CHURCH

 

COUNCILLORS

 

3.3.3 (a) An Elder and a Church Councillor respectively shall

relinquish office in the Congregation and cease to be

recognised if he or she:

(i) resigns from the particular office by notice in writing

to the secretary of the Congregation;

(ii) declines to carry out the responsibilities of the

particular office; or

(iii) transfers membership to another Congregation.

(b) If in the opinion of the Church Council an Elder or Church

Councillor is no longer:

(i) conforming to the standards of a member of the

Church; or

(ii) complying with its discipline; or

(iii) carrying out the responsibilities of the particular

office, the Church Council may recommend to a

meeting of the Congregation that the Elder or Church

Councillor be removed from office and the Elder or

Church Councillor shall be removed from office if

the recommendation is supported by a determination

of a meeting of the Congregation.

(c) An Elder or Church Councillor who is removed from office

by a decision of the congregation, shall have a right of

appeal to the Presbytery. The decision of the Presbytery to

confirm removal or re-instate the Elder or Church

Councillor shall be final.

87

[Korean]

 

MEMBERSHIP OF THE PRESBYTERY

 

3.3.4 The membership of the Presbytery shall consist of:

(a) The chairperson and secretary of the Presbytery.

(b) Ministers who are

(i) in active service;

(ii) associate members appointed officers of the

Presbytery, and co-opted by the Presbytery to full

membership during all or part of their term of

office;

(c) (i) Pastors in approved ministry locations within the

bounds;

(ii) Lay Preachers classified as active who are elected

by the Presbytery, of such number as the

Presbytery shall determine;

(iii) Lay Pastors, Youth Workers and Community

Ministers in accordance with Regulation 2.9.7;

(d) (i) One confirmed lay member elected by each

Congregation. Where a Congregation includes

more than 150 confirmed members and membersin-

association in total, one additional confirmed lay

member may be elected by the Congregation or

where a Congregation includes more that 250

confirmed members and members-in association in

total, two additional confirmed lay members may

be elected by the Congregation.

(ii) Such further confirmed lay members as may be

determined by the Synod in consultation with the

Presbytery and, as appropriate, to be appointed by

the Congregations, the Presbytery or the Synod;

(e) Two confirmed members representing each of such bodies

as may be determined by the Presbytery, to be appointed

by those bodies, and with at least one of such

representatives being a lay person.

(f) (i) Confirmed lay members as co-opted persons up to

a maximum of one for each five lay members of

88

Presbytery, such co-options being made for such

reasons as the Presbytery considers appropriate,

including to include persons with special gifts not

otherwise available to the Presbytery, to ensure that

the number of lay members is not less than the

members who are Ministers and to establish a

better balance in the proportion of younger and

older persons who comprise the members of the

Presbytery.

(ii) Ministers who are not otherwise members of the

Presbytery as co-opted persons up to a maximum

of one for each five ministerial members of

Presbytery (Ministers of the Word, Deacons and

Deaconesses) such co-options being made for such

reasons as the Presbytery considers appropriate,

including to include persons with special gifts not

otherwise available to the Presbytery and engaged

in a significant ministry within the bounds of the

Presbytery.

(iii) Co-options shall be for a period of one year. A coopted

member is eligible for further co-option. The

number of co-opted members from any one

Congregation shall not exceed three lay members

and three ministerial members.

(g) In the event of any person who is a member of the

Presbytery by virtue of paragraph (c)(i), (d)(i) and (e)

hereof being unable to attend a meeting of the Presbytery,

the place of such person may be taken by an alternate

designated for that purpose by the appointing body.

 

ASSOCIATE MEMBERS OF THE PRESBYTERY

 

3.3.5 (a) Ministers who are on leave of absence, retired or awaiting

placement and candidates for Community Minister shall

be associate members of the Presbytery which has

oversight of them, unless they are members of the

Presbytery in accordance with Regulation 3.3.4.

(b) Associate members of the Presbytery may participate in

discussion but not in the deliberation or determination of

any item of business of the Presbytery.

89

 

TERMS OF APPOINTMENT OF MEMBERS OF THE

 

PRESBYTERY

 

3.3.6 (a) Lay persons who are members of Presbytery in

accordance with Regulation 3.3.4(c)(ii) and (d) shall be

elected or appointed for a period of one year and shall be

eligible for re-election or re-appointment.

(b) Should any casual vacancy occur among the lay

membership of the Presbytery the vacancy may be filled

by the appropriate electing body for the balance of the

term of the person replaced.

(c) No person may hold membership in more than one

Presbytery at any one time.

 

MEMBERSHIP OF THE SYNOD

 

3.3.7 (a) The membership of the Synod shall consist of such

number as the Synod shall determine up to a maximum of

500 persons, or such other maximum number as the

Assembly may approve in respect of a particular Synod,

and shall include:

(i) the President and General Secretary of the

Assembly;

(ii) the Moderator, ex-Moderator, Moderator-elect and

Secretary of the Synod at the time of convening of

the Synod, and such further ex-officio members as

the Synod may determine;

(iii) Ministers of the Word, Deaconesses, Deacons,

Community Ministers, Lay Pastors and Youth

Workers who are members of a Presbytery within

the bounds, appointed by each Presbytery, the

number being such proportion as the Synod shall

determine;

(iv) confirmed lay members appointed or elected by

each Presbytery, being not fewer than the number

of ministerial members, after the Presbytery has

invited Congregations to submit nominations;

(v) such confirmed members representing bodies

directly responsible to the Synod as the Synod shall

determine;

(vi) two candidates for the ministries of Minister of the

Word, Deacon or Youth Worker, elected by the

candidates for these ministries within the bounds;

90

(vii) co-opted confirmed members appointed in

accordance with the provisions of Regulation

3.3.7(d).

(b) The total number of lay members shall be not fewer than

the total number of ministerial members (Ministers of the

Word, Deacons and Deaconesses).

(c) A Synod through its Standing Committee shall provide for

the co-option of such additional persons as may be

necessary to

(i) ensure that the number of lay members is not fewer

than the number of ministerial members; and

(ii) make available to the Synod the participation of

persons whose gifts and experience would be of

special value and not otherwise available to the

Synod; or

(iii) achieve a better proportion of age groups, gender

balance and cross-cultural representation.

(d) The total of co-opted persons must not exceed one tenth of

those appointed or elected in accordance with Regulations

3.3.7(a)(iii) – (vi).

 

MEMBERSHIP OF THE ASSEMBLY

 

3.3.8 (a) The membership of the Assembly shall consist of:

(i) ex-officio members:

· the President of the Assembly;

· the General Secretary of the Assembly;

· the ex-President of the Assembly;

· the President-elect of the Assembly;

· the Chairperson of the Uniting Aboriginal and

Islander Christian Congress;

· the National Administrator of the Uniting

Aboriginal and Islander Christian Congress.

 

(ii) sixteen members of the Uniting Aboriginal and

Islander Christian Congress appointed by it, of

whom no more than eight shall be Ministers;

(iii) Ministers and confirmed lay members from within

the bounds of each Synod appointed as follows:

91

(1) number of members to be appointed from

within the bounds of each Synod:

 

Synod

 

NSW and ACT 54

Northern 10

Queensland 36

South Australia 34

Victoria and Tasmania 58

Western Australia 20

and in each case the Moderator and the

Secretary of the Synod shall be included exofficio

in the members appointed by the

Synod when they are available to accept

appointment;

(2) equal numbers of Ministers and lay members

shall be appointed;

(3) not fewer than one in every ten of the

members shall be of a youthful age as

determined by the Assembly or its Standing

Committee;

(4) each Presbytery within the bounds of the

Synod shall appoint one Minister and one lay

member and may appoint such number of

additional members as the Synod in session

decides;

(5) the Synod shall appoint the remaining

members and shall be responsible for

ensuring compliance with sub-paragraph (2)

and (3) regarding the total number of

members appointed from within the bounds of

the Synod under this paragraph (iii);

(iv) Ministers and confirmed members appointed by

bodies directly responsible to the Assembly after

the Standing Committee specifies the bodies which

may make appointments and the number of

members who may be appointed by each of those

bodies provided that the total number of members

to be appointed pursuant to this paragraph shall not

exceed 5% of the total number of members of the

Assembly pursuant to Regulation 3.3.8 (i) -(iii);

92

(v) Ministers and confirmed members appointed by the

outgoing Standing Committee having regard to the

gifts, skills and experience needed by the

Assembly provided that the total number of

members appointed pursuant to this paragraph shall

not exceed 8% of the total number of members

appointed pursuant to Regulation 3.3.8 (i) – (iii).

(b) The appointing council or body may make provision for

an alternate to attend the Assembly in the place of any

member unable to be present.

(c) A member having taken a place in the Assembly shall not

thereafter be absent from the meetings of the Assembly or

be replaced by an alternate without the leave of the

Assembly in each case.

(d) The Assembly shall make provision in such manner as it

shall determine to ensure that the total number of lay

members is not fewer than the number of ministerial

members by reason of the number of ex-officio members

and members appointed by the Assembly or Standing

Committee who are Ministers.

 

MEMBERSHIP OF ASSEMBLY APPOINTED BY SYNODS

 

3.3.9 (a) Each Synod shall elect by written ballot such number of

Ministers and lay persons as are necessary to comply with

Regulation 3.3.8(a)(iii)(5).

(b) Nominations of persons for election as members may be

by:

(i) any Presbytery within the bounds;

(ii) any member of the Synod immediately preceding

the Assembly.

(c) Nominations must be in the form prescribed by the

Secretary of the Synod.

(d) In the event of any person elected in accordance with

Regulation 3.3.9(a) being unable to attend the Assembly,

the vacancy shall be filled by the person with the next

highest number of votes to those elected in the ballot, or

otherwise by a person selected by the Moderator.

93

 

3.4 FORMATION, ALTERATION OR

 

DISSOLUTION OF CONGREGATIONS OR

 

COUNCILS

 

FORMATION AND RECOGNITION OF A CONGREGATION

 

3.4.1 (a) A Congregation shall be recognised by resolution of a

Presbytery.

(b) A Presbytery may recognise a Congregation when:

(i) a group of people apply to be so recognised, and

demonstrate that their life and mission is consistent

with the purpose of a Congregation (See Reg.

3.1.1), and

(ii) the group of people applying have amongst them

persons who hold membership of the Church in

another Congregation or recorded with the

Presbytery, and who seek to transfer their

membership upon recognition being given, and/or

those who are seeking to be recognised as

members;

(iii) the Pastoral Relations Committee or another body

authorised by the Presbytery recommends that the

group applying be so recognised; and

(iv) the group of people applying shall include

sufficient members to constitute a quorum at a

meeting of the Congregation (See Reg. 3.8.5(b)).

(c) The Presbytery shall assist the nurture and care of a new

Congregation by designating an appropriate person to

liaise with the Congregation on behalf of the Presbytery

until the Presbytery determines such a liaison role is no

longer warranted.

(d) The Presbytery shall make provision for the sacraments to

be celebrated in the life of a new Congregation.

 

RELATIONSHIPS BETWEEN CONGREGATIONS

 

3.4.2 A Congregation may relate to one or more other Congregations

for the better exercise of their mission, at the initiative of a

Congregation or of the Presbytery. Ongoing structured

relationships between Congregations require Presbytery

approval.

94

 

DISSOLUTION OF A CONGREGATION

 

3.4.3 (a) A Congregation shall be dissolved or cease to be

recognised when, in the opinion of the Presbytery it is not

capable of and / or unwilling to fulfill the purpose,

functions and responsibilities specified in Regulation

3.1.1.

(b) A Presbytery may dissolve and cease to recognise a

Congregation for reasons which it considers are in the best

interests of the mission, witness and service of the Church

within the bounds of the Presbytery.

(c) In the application of this Regulation:

(i) the Presbytery shall take proper account of the

purpose, functions and responsibilities of the

Congregation as the primary expression of the

corporate life of the Church;

(ii) the Presbytery shall consult adequately with the

Congregation and with any other Congregation to

which the Congregation is related by the Presbytery

and shall provide the Congregation(s) with the

reasons for any proposals and for any decision

which it makes;

(d) When a Congregation is no longer recognised the

Presbytery shall ensure:

(i) that each member of the Congregation is transferred

to a roll of another Congregation;

(ii) that all rolls and other records of the Congregation

are placed in the custody of an appropriate officer of

the Church;

(iii) that proper arrangements are made for the pastoral

care of the members and adherents, persons in

placement and any property affected; and

(iv) that the matter is reported to the Synod.

 

AMALGAMATIONOR DIVISIONOF CONGREGATIONS

 

3.4.4 (a) Where a Presbytery, at its own initiative or at the initiative

of one or more of its Congregations, considers that it is in

the best interests of the mission, witness and service of the

Church, it may:

(i) amalgamate two or more Congregations; or

95

(ii) divide a Congregation into two or more portions,

and each portion may then be recognised as a

Congregation or become amalgamated with another

Congregation or Congregations;

(b) In the application of this Regulation:

(i) the Presbytery shall take proper account of the

purpose, functions, responsibilities and rights of

the Congregation as the primary expression of the

corporate life of the Church;

(ii) the Presbytery shall ensure that any Congregation

and any other Presbytery affected shall consult

adequately, and shall provide any such

Congregation and other Presbytery with the

reasons for any proposals and for any decisions

which it makes;

(iii) each Presbytery and Congregation affected has a

responsibility to listen faithfully to one another;

(c) The Presbytery shall ensure that:

(i) that, in the amalgamation of Congregations

pursuant to (a) above, all rolls and other records of

the Congregations affected accompany those

Congregations;

(ii) that in dividing a Congregation pursuant to (a)

above, all rolls and other records of the

Congregations being divided, are placed in the

custody of the appropriate officer(s) of the Church;

(iii) that in each case proper arrangements are made to

deal with any property affected;

(iv) that the matter is reported to the next meeting of

the Synod.

 

FORMATION OF THE CHURCH COUNCIL OF A

 

CONGREGATION

 

3.4.5 (a) The Congregation shall form a Church Council and make

such other provisions as are appropriate for the fulfillment

of its responsibilities.

(b) In determining the composition of the Church Council or

any committee or other body, the Congregation shall have

regard to the principle that in accordance with the call and

gifts of the Spirit each member shall have a part in the

96

ministry of the Church, and that government of the Church

will be “entrusted to representatives, men and women,

bearing gifts and graces with which God has endowed them

for the building up of the Church” (Basis of Union Para. 15).

(c) The Presbytery may authorise the appointment of one

Church Council where Congregations are related to each

other.

(d) Church Councils of related Congregations may act

conjointly in respect of all or some of the responsibilities

described in Regulation 3.1.2.

 

FORMATION OF A PRESBYTERY

 

3.4.6 (a) A Presbytery shall be formed by the Synod, which shall

determine the name of the Presbytery, fix its bounds and

arrange for its first meeting, provided that:

(i) where any such proposal is initiated in the Synod,

each Presbytery affected shall be given opportunity

to consider the proposal and to make a submission

thereon to the Synod before the matter is

determined;

(ii) where any proposal is initiated in a Presbytery,

notice of the proposal shall be furnished to any

other Presbytery affected, such Presbytery to have

opportunity to make a submission thereon to the

Synod before the matter is determined;

(b) The Synod shall determine the basic requirements that

must be met for the establishment or continuance of a

Presbytery;

(c) The minute of the Synod constituting the Presbytery shall

be inserted in the first minutes of the Presbytery.

(d) The time and place for the first meeting of a Presbytery

shall be determined by the Synod, which shall appoint a

member of the Church to convene, constitute and preside

over the meeting till such time as the Presbytery elects a

chairperson.

 

DISSOLUTION OR ALTERATION OF THE BOUNDS OF A

 

PRESBYTERY

 

97

 

3.4.7 The Synod may dissolve or alter the bounds of a Presbytery on its

own initiative or at the request of the Presbytery, provided that:

(a) where any such proposal is initiated in the Synod, each

Presbytery affected shall be given opportunity to consider

the proposal and to make a submission thereon to the

Synod before the matter is determined;

(b) where any proposal is initiated in a Presbytery, notice of

the proposal shall be furnished to any other Presbytery

affected, such Presbytery to have opportunity to submit its

comment to the meeting of the Synod which shall

determine the matter;

(c) the Synod shall determine the basic requirements that

must be met for the establishment or continuance of a

Presbytery;

 

FORMATION OF A SYNOD

 

3.4.8 A Synod shall be a council of the Church formed by the

Assembly, and shall have such name and such bounds,

responsibilities and relationships with other councils of the

Church as the Assembly shall prescribe. In cases where the

proposal to form a new Synod affects the bounds of an existing

Synod the Assembly shall advise such existing Synod(s) of the

proposal and shall consider any submissions from the such

Synod(s) in regard thereto.

 

DISSOLUTION OR ALTERATION OF THE BOUNDS OF A SYNOD

 

3.4.9 The Assembly may dissolve or alter the bounds of any Synod

provided that:

(a) the Synod may request the Assembly so to do;

(b) a Synod requesting the Assembly to alter the bounds of

the Synod shall, either before or at the time of presenting

the request, notify any other Synod affected by the

proposal;

(c) the Assembly shall advise Synods that may be affected, of

any proposal and any Synod concerned shall have the

right to make a submission concerning any proposed

98

dissolution or alteration which originates otherwise than

by its own request;

(d) any Presbytery or other body affected may make a

submission concerning such proposal.

 

3.5 MEETINGS OF CONGREGATIONS AND

 

COUNCILS

 

MEETINGS OF THE CONGREGATION

 

3.5.1 Participation in the meeting of the Congregation

 

(a) The following persons shall be entitled to participate in the

decision phase at meetings of the Congregation, (referred to

in this Regulation as voting members):

(i) all Ministers, Pastors, Youth Workers and Lay

Pastors who hold membership in the Congregation;

(ii) all other confirmed members of the Congregation;

(iii) all members-in-association with the Congregation;

(iv) all Ministers, Pastors, Youth Workers and Lay

Pastors serving in approved placements in the

Congregation.

Adherents and members not yet confirmed may participate

in discussion but not in the determination of any item of

business at the meetings.

 

Chairperson and Secretary

 

(b) The meeting of a Congregation shall appoint a chairperson

and a secretary. They shall hold office for periods

determined by the Congregation. If the elected chairperson

or secretary is not present at a meeting, the Congregation

may appoint another of its members to act as chairperson or

secretary.

 

General meetings

 

(c) (i) General meetings of the Congregation shall be held

at least twice in each year and shall be convened by

the chairperson and secretary or, if there is a

vacancy in one of those positions, by the remaining

officer;

99

(ii) At least once each year at a meeting of the

Congregation financial reports shall be presented

and policies, plans, budgets, appointments and other

matters within the responsibility of the Congregation

shall be determined.

 

Special Meetings

 

(d) (i) The chairperson and secretary of the Congregation

may convene a special meeting, due notice being

given, and shall do so if requested in writing by at

least seven members eligible to vote or a number

representing at least 10% of the members eligible to

vote, whichever is the greater, of the Congregation.

A special meeting shall deal only with matters

specified in the notice of meeting.

(ii) If, in the opinion of the Pastoral Relations

Committee of the Presbytery, circumstances

warrant, the chairperson of the Presbytery or the

chairperson’s nominee may convene a general or

special meeting of the Congregation.

 

Notice of Meetings

 

(e) Due notice of all meetings shall be given at least one week

prior to the date of the meeting, either by public

announcement at a time of public worship or by such other

means as the Congregation may determine.

 

Joint Meetings

 

(f) Related Congregations may hold a joint meeting of the

Congregations, on the initiative of any of the related

Congregations or of the Presbytery. (See Reg. 3.4.2)

 

MEETINGS OF THE CHURCH COUNCIL

 

3.5.2 The Church Council shall meet at least quarterly on dates to be

determined by the Council to deal with all matters relating to the

responsibilities of the Council having particular regard to any

matters referred to the Council by the Congregation. Additional

meetings shall be held when convened by the chairperson or at the

direction of a Congregational meeting, Presbytery, Synod or

Assembly.

 

SPECIAL MEETINGS OF THE CHURCH COUNCIL

 

100

 

3.5.3 The chairperson shall convene a special meeting of the Church

Council within fourteen days of being so requested by five or more

members of the Council or by no fewer than half in number of the

membership of the Council, whichever is the less. The business of

the special meeting shall be restricted to the matters listed in the

notice convening the meeting.

 

MEETINGS OF THE PRESBYTERY

 

3.5.4 (a) Unless otherwise determined by the Synod, a Presbytery

shall meet at least twice a year and at such other times as the

Presbytery may determine.

(b) A Presbytery shall not meet while the relevant Synod or the

Assembly is in session.

(c) The Presbytery shall fix the date, time and place of its

regular meetings.

(d) When, in the opinion of the chairperson and secretary, a

change of date, time or place of meeting is warranted they

may appoint another date, time or place provided that each

member of the Presbytery is given at least fourteen days

notice in writing.

 

SPECIAL MEETINGS OF THE PRESBYTERY

 

3.5.5 (a) The chairperson shall convene a special meeting:

(i) if in the opinion of the chairperson, urgent business

warrants the holding of a special meeting; or

(ii) on written request from at least seven members of

the Presbytery or a number representing at least

10% of the members of the Presbytery, whichever

is the greater.

(b) At least fourteen days’ notice of a special meeting of the

Presbytery shall be given to each member in writing. The

notice shall state the nature of the business to be

considered.

(c) The business of aspecial meeting shall be restricted to the

matters listed in the notice convening the meeting.

 

MEETINGS OF THE SYNOD

 

101

 

3.5.6 (a) Each Synod shall hold an ordinary meeting at a frequency

determined by the Synod and at least once every three

years between ordinary meetings of the Assembly.

(b) The first session of each ordinary meeting of the Synod

shall consist of a public act of worship and whenever

applicable an incoming Moderator shall be installed in

conjunction with that act of worship.

(c) The Synod or its Standing Committee shall fix the time

and place for the commencement of the next ordinary

meeting of the Synod.

 

SPECIAL MEETINGS OF THE SYNOD

 

3.5.7 (a) A Synod may hold special meetings at such other times

and for such purposes as the Synod determines.

(b) A special meeting of the Synod may be convened by the

Moderator or the Synod Standing Committee for special

and urgent reasons.

(c) For the purposes of (a) and (b) the members of the Synod

shall be those listed on the roll of members of the last

ordinary meeting of the Synod who are still eligible to be

appointed as Synod members, provided that where a

member is unable to attend a special meeting or has

become ineligible to be appointed as a Synod member, the

appointing body may appoint a replacement member.

 

MEETINGS OF THE ASSEMBLY

 

3.5.8 (a) The Assembly shall meet as required by the provisions of

paragraphs 41, 42 and 43 of the Constitution.

(b) The date and place of an ordinary meeting of the

Assembly shall be determined at the preceding ordinary

meetings of the Assembly,

(c) The Standing Committee may vary the date and place for

urgent or special reasons, provided that the variation does

not exceed ninety days unless a majority of the Synods or

their Standing Committees concur. The Standing

Committee shall determine what notice of the amended

date shall be given.

102

(d) Each meeting of the Assembly shall be presided over by

the President or, in the temporary absence of the

President, by the ex-President. If the ex-President be not

available the Assembly shall elect one of its members to

preside during the absence of the President.

(e) Each Assembly shall fix its hours of session and shall

determine the order in which the business shall be taken,

having regard to the advice of the General Secretary.

 

3.6 OFFICERS OF COUNCILS

 

OFFICERS OF THE CHURCH COUNCIL

 

3.6.1 Chairperson

 

(a) The Church Council shall elect annually one of its members

as chairperson.

(b) If the elected Chairperson is not present at a meeting, the

Church Council may appoint another of its members to act

as Chairperson of that meeting.

 

Secretary

 

(c) The Church Council shall appoint annually from among its

members a secretary who shall:

(i) keep minutes of meetings of the Church Council,

(ii) take care of all records and papers of the

Congregation, except such as are within the specific

responsibility of any other body or officer, and

(iii) carry out other duties as the Church Council may

require.

 

Treasurer

 

(d) The Church Council shall appoint annually from among its

members a treasurer;

(e) The treasurer shall receive all moneys on behalf of the

Church Council and pay them into a bank account of an

approved financial institution (See Reg. 3.8.7), keep

proper books of account and furnish financial statements

to the Church Council and Congregation at the end of

each year and at such other times as the Church Council or

Congregation may require.

103

 

OFFICERS OF THE PRESBYTERY

 

3.6.2 Officers of the Presbytery may be appointed on an honorary basis

or, subject to the approval of the Synod, on a full or part-time

stipendiary basis.

 

Chairperson

 

(a) A chairperson of the Presbytery shall be elected at a

meeting of the Presbytery by a vote taken in such manner

as the Presbytery may determine. The chairperson shall be

a confirmed member of the Church.

(b) The chairperson shall be elected for such term up to five

years as the Presbytery may determine.

(c) The duties of the chairperson shall be to constitute,

preside over and generally direct the business of the

meetings of the Presbytery, to exercise pastoral oversight

and to perform such other duties as may be prescribed.

(d) If the position of chairperson falls vacant, the duties of

chairperson shall devolve upon the most recent former

chairperson of the Presbytery and, if no such person be

available, the Moderator of the Synod shall appoint a

chairperson. In either case such person shall serve until

the Presbytery is able to meet and elect a chairperson.

(e) Should the chairperson be temporarily unavailable to

perform the duties of the office, the Presbytery may

appoint an acting chairperson who shall exercise all the

duties of the office until such time as they are resumed by

the chairperson.

 

Secretary

 

(f) The Presbytery shall elect a secretary for such period up to

five years as the Presbytery may determine. The secretary

shall be a confirmed member of the Church.

(g) The duties of the secretary shall include:

(i) convening meetings, preparing the agenda and

keeping a record of all proceedings of the

Presbytery;

104

(ii) attending to all other correspondence on behalf of

the Presbytery, including advising all affected

parties of the decisions of the Presbytery;

(iii) maintaining and having custody of the books and

records of the Presbytery, including the roll of the

Presbytery, except such as may be assigned to other

officers;

(iv) furnishing information and reports to the Synod

and Assembly and to other bodies as required;

(v) dealing with property, disciplinary and other

matters in accordance with Regulations;

(vi) performing such other duties as may be assigned by

the Presbytery.

(h) Should the secretary be temporarily unable to perform the

duties of the office or should the office of secretary fall

vacant, the Presbytery may appoint an acting secretary

who shall have full authority and responsibility to perform

all the duties of the office until such time as the secretary

is available to resume those duties or another secretary is

elected.

 

Treasurer

 

(i) The Presbytery shall appoint a treasurer for such period up

to five years as the Presbytery shall determine.

(j) The treasurer shall receive all moneys on behalf of the

Presbytery and pay them into a bank account of an

approved financial institution (See Reg. 3.8.7), keep

proper books of account and furnish financial statements

to the Presbytery at the end of each year and at such other

times as the Presbytery may require.

 

Maximum Term of Officers

 

(k) The retiring chairperson, secretary and treasurer shall be

eligible for re-election for a further term or terms of office

up to a maximum of ten consecutive years.

 

3.6.3 OFFICERS OF THE SYNOD

 

ELECTION OF THE MODERATOR

 

105

 

3.6.3.1 (a) The Moderator shall be elected by the Synod subject to

the following provisos and subject to such further

procedures as may be determined by the Synod:

(i) a Moderator shall be elected and designated

Moderator-elect by a meeting of the Synod prior to

the one at which the person will take office;

(ii) the election shall be by written ballot;

(iii) nominations may be submitted by the Presbyteries.

(b) Should a Moderator-elect for any reason be unable to take

up the office of Moderator, the Synod when constituted

shall, as its first business, elect an acting Moderator and

shall as soon as convenient thereafter elect a Moderator.

(c) The Moderator of the Synod shall be elected for such

period up to three years as the Synod shall determine and

shall hold office from the time of installation until the next

Moderator is installed.

(d) Any person having fulfilled a term as Moderator shall not

be eligible for re-election until after the expiry of one

further term, unless the provisions of this Regulation have

been waived by the Assembly in respect of the particular

Synod.

(e) When, by reason of death, illness, absence or other cause,

the Moderator is unable to fulfil the duties of the office,

the ex-Moderator or a person appointed by the Standing

Committee shall act and shall have all the powers and

authorities of a Moderator until such time as the

Moderator resumes responsibilities or a new Moderator is

elected.

 

DUTIES OF THE MODERATOR

 

3.6.3.2 The duties of the Moderator shall include:

(a) giving general and pastoral leadership to the Ministers and

people within the bounds;

(b) assisting and encouraging the expression and fulfilment of

the mission and witness of the Church;

(c) counselling and advising, as may be necessary and

helpful, to ensure that the life of the Church expresses the

106

faith, policies, standards and procedures to which it is

committed;

(d) presiding over the meetings of the Synod, its Standing

Committee and such other of its boards and committees as

may be required by the by-laws of the Synod;

(e) filling, in respect of appointments normally made by the

Synod and, in consultation with the Standing Committee

and other bodies concerned, such vacancies as may arise

between meetings of the Synod and for the filling of

which other provision has not been made;

(f) giving an interpretation where necessary of any doubtful

or disputed decision of the Synod, such interpretation to

be authoritative until confirmed or varied by the next

meeting of the Synod or of the Standing Committee;

(g) speaking on public issues on behalf of the Synod;

(h) representing the Church as may be desirable on public

occasions and in inter-church councils;

(i) administering the discipline of the Church as may be

required by any Regulation, by-law or rule;

(j) enquiring, when the Moderator considers it expedient so

to do, into any grievance, complaint or other circumstance

which, in the opinion of the Moderator, adversely affects

the good name of the Church or the order and peace of its

Congregations or the progress of the work of God and

seeking a remedy for such situations; in so doing the

Moderator shall consult with one or more past Moderators

and the chairperson of any Presbytery concerned.

 

APPOINTMENT OF THE SECRETARY OF SYNOD

 

3.6.3.3 (a) The Synod shall appoint a Secretary of the Synod.

(b) The initial term of office shall normally be five years. The

appointment shall be reviewed during the initial

appointment and during any extension of appointment.

Any extension may be for a period of up to five years.

107

(c) Should a vacancy occur in the office of Secretary between

ordinary meetings of the Synod, the Standing Committee

of the Synod shall make an appointment to fill the

vacancy until the next ordinary meeting of the Synod.

 

DUTIES OF SECRETARY

 

3.6.3.4 The Secretary of the Synod shall have a pastoral and advisory

role and be responsible for:

(a) preparing all material for presentation in the agenda of the

Synod, attending to the proper conduct of the business of

the Synod and keeping copies of reports and other

documents furnished to the Synod by the committees,

councils and boards;

(b) ensuring the accuracy and arranging for the distribution of

the minutes of the Synod;

(c) maintaining complete and accurate records as are required

by the Synod;

(d) attending to other correspondence of the Synod, including

to convey the resolutions of the Synod as may be required

to those concerned;

(e) acting as the liaison officer of the Synod with the

Presbyteries and other bodies within the bounds;

(f) providing all necessary reports and information as may be

required by the Assembly;

(g) acting as secretary of the Standing Committee;

(h) discharging such other duties as the Synod may prescribe.

 

3.6.4 OFFICERS OF THE ASSEMBLY

 

ELECTION OF THE PRESIDENT

 

3.6.4.1 (a) A President shall be elected at each ordinary meeting of

the Assembly to preside over that Assembly, and to hold

office until the next succeeding President is installed.

108

(b) During the ordinary meetings the Assembly shall by ballot

designate a person as President-elect to assume office at

the next ordinary meeting of the Assembly.

(c) Nominations for inclusion in the ballot for the Presidentelect

may be made either by a Synod, a Presbytery, or a

regional or national committee of the Uniting Church

Aboriginal and Islander Christian Congress or by two

persons who have been appointed to be members of the

Assembly at which the election is to be held, it being

necessary in each case that the nomination be submitted in

writing on a form containing the consent of the nominee.

(d) Nominations will close ninety days prior to the date of the

commencement of the meeting of the Assembly at which

an election is to be held.

(e) The method of voting shall be as the Assembly

determines, provided that no person shall be declared

elected until that person has obtained an absolute majority

of the votes cast;

(f) It shall be the responsibility of the Assembly as soon as

may be practicable after the constituting of the Assembly

to install the President, such installation to be in

conjunction with an act of worship.

(g) Should a President-elect for any reason be unable to take

up the office of President, the Assembly when constituted

shall, as its first business, elect a President to take office

immediately, and shall as soon as convenient thereafter

elect a President-elect in the normal way.

(h) If the President is unable to fulfil the responsibilities of

the Presidency then, either at the request of the President

or of the General Secretary, the ex-President shall become

the Acting-President and shall have all the responsibilities

of the President until such time as the President resumes

those responsibilities or a new President takes office.

If the ex-President also be unavailable, the General

Secretary shall be the Acting-President for a period not

exceeding three months during which time the Assembly

109

or the Standing Committee shall elect an Acting-

President.

 

DUTIES OF THE PRESIDENT

 

3.6.4.2 The duties of the President shall be to give spiritual leadership

and encouragement to the Church generally, to represent the

Church as appropriate, to give counsel as occasion requires and

to do such other things as may be requested or advised by the

Assembly.

 

PRESIDENTIAL RULINGS

 

3.6.4.3 (a) The President shall give a ruling on request from any

member of the Assembly or from the Moderator of any

Synod on behalf of any member within the bounds of the

Synod, subject to the following provisions:

(i) that any such request must be presented in writing

and be accompanied by a statement of the relevant

facts;

(ii) that the request is related to an interpretation of the

intention of a resolution of the Assembly or

interpretation of the Constitution or Regulations or

a decision as to whether the action of any body

within the Church conforms to the Constitution, the

relevant Regulations, by-laws or rules;

(iii) that the President shall invite any person or body

who in the opinion of the President is directly

affected to submit a statement;

(iv) that a ruling shall be given after the President has

taken such advice as the President considers

appropriate;

(v) that a ruling when given shall be conveyed in

writing to the applicant, to any person or body

directly affected, to the General Secretary of the

Assembly and to the Moderator of each Synod who

shall arrange for it to be published or circulated;

(vi) that each ruling shall be binding until confirmed,

varied, modified, rescinded or over-ruled by the

Assembly or by the Standing Committee on its

behalf.

(b) Notwithstanding (a) the President shall not be obliged to

give a ruling if:

110

(i) the President considers that it would not be in the

interests of the Church to do so; or

(ii) the ruling is sought in respect of hypothetical

circumstances; or

(iii) there is a genuine dispute as to the material facts in

respect of which the ruling is sought.

 

APPOINTMENT AND DUTIES OF THE GENERAL SECRETARY

 

3.6.4.4 (a) The Assembly shall appoint a General Secretary to hold

office for such term, to receive such stipend and

allowances and to be installed in such manner as the

Assembly shall determine.

(b) The duties of the General Secretary, as executive officer

of the Assembly, shall be to give general leadership to the

Church, to ensure execution of Assembly policy, to

coordinate Assembly activities, to oversee the

management of Assembly staff, and to do such other

things as the Assembly may require. The General

Secretary shall be a member ex-officio of all Assembly

bodies.

(c) Should the position of General Secretary become vacant

between ordinary meetings of the Assembly, the

President, on advice from the Standing Committee, shall

make a temporary appointment or otherwise arrange for

the responsibilities of the General Secretary to be carried

out pending the making of a new appointment by the

Assembly.

 

3.7 COMMITTEES, BOARDS AND OTHER

 

BODIES OF COUNCILS OF THE CHURCH

 

CHURCH COUNCIL COMMITTEES

 

3.7.1 (a) The Church Council may appoint an Executive and other

committees or task groups to assist the Church Council in

any of its responsibilities.

(b) Membership of the committees and task groups of the

Church Council shall not be restricted to members of the

Church Council but at least one member of each of such

committees and/or task groups shall be appointed from

among the members of the Church Council.

111

(c) Any Executive, committee or task group shall have only an

advisory role, unless it has been given a specific power to

act, and shall report to the Church Council on a regular

basis.

 

PRESBYTERY COMMITTEES

 

3.7.2 (a) The Presbytery shall establish:

(i) a Standing Committee;

(ii) a Pastoral Relations Committee;

(iii) a Property Committee; (See Reg. 4.3.1) and

(iv) such other committees or task groups as may be

prescribed or as it deems necessary or desirable.

(b) The Presbytery shall appoint the membership of all

committees or task groups and may disband any

committees or task groups formed under (a)(iv).

(c) Any committees established pursuant to Regulation

3.7.2(a)(iv) shall have such powers and responsibilities as

may be prescribed or as the Presbytery may determine,

including the powers and responsibilities of the Presbytery

as it may delegate.

(d) A majority of the membership of the committees shall be

members of the Presbytery.

(e) The Presbytery may appoint any person it considers

appropriate to a task group established under Regulation

3.7.2(a)(iv); however, no task group may have a

delegation of the powers and responsibilities of the

Presbytery unless a majority of the members of the

committee are members of the Presbytery.

 

PASTORAL RELATIONS COMMITTEE

 

3.7.3 Membership

 

(a) The Pastoral Relations Committee shall consist of the

Presbytery’s representatives to the Placements Committee

together with at least three other persons appointed by the

Presbytery, provided that the membership shall include at

least two Ministers and two lay persons.

 

Responsibilities

 

112

(b) The responsibilities of the Pastoral Relations Committee

shall include:

(i) overseeing on behalf of the Presbytery the pastoral

relations between the Ministers, Lay Pastors,

Youth Workers, Community Ministers and Pastors

and Congregations within the Presbytery;

(ii) being accessible to Ministers, Lay Pastors, Youth

Workers, Community Ministers and Pastors and

Congregational representatives for the purpose of

giving counsel on matters relating to pastoral

relationships and responsibilities;

(iii) counselling Ministers, Lay Pastors, Youth

Workers, Community Ministers and Pastors for

their encouragement and enrichment in the

fulfillment of their ministries, including reference

to the Code of Ethics;

(iv) providing such reports as may be required by the

Presbytery, with due regard to the confidentiality

of information given to the Committee;

(v) conferring with Ministers, Lay Pastors, Youth

Workers, Community Ministers, Pastors and

Congregations to ascertain relevant information in

all cases where changes in placement or

appointment are involved and advising the

Presbytery regarding those matters;

(vi) dealing with matters relating to the placement or

appointment of Ministers, Lay Pastors, Youth

Workers, Community Minister and Pastors as may

be delegated to it;

(vii) dealing with complaints as set out in the

Regulations on Church Discipline;

(viii) making provision for the appropriate pastoral

support and accountability of Ministers, Lay

Pastors, Youth Workers, Community Ministers and

Pastors in active service who are not in approved

placements;

(ix) reviewing the list of Ministers, Lay Pastors or

Youth Workers under its care who are awaiting

placement with a view to assisting them either to

return to active service or to make other

appropriate vocational decisions or suggesting to a

Church Council that an invitation be extended to

the Minister to become a Minister-in-Association;

113

(x) determining the manner of appointment of persons

to preside at worship and preach in a Congregation

during times when there is no Minister in

placement.

 

Chairperson

 

(c) The Presbytery shall appoint one of its members to chair

the Pastoral Relations Committee.

 

3.7.4 SYNOD COMMITTEES, BOARDS AND OTHER

 

BODIES

 

SYNOD STANDING COMMITTEE (See Para 36, Constitution)

 

3.7.4.1 Membership

 

(a) The membership of the Synod Standing Committee shall

consist of:

(i) the Moderator, the ex-Moderator, the Moderator-

Elect and the Secretary of the Synod as ex-officio

members;

(ii) such other ex-officio members as the Synod may

determine;

(iii) other members of the Synod elected by it to serve

until the next ordinary meeting of the Synod;

(iv) no more than two persons co-opted by the Standing

Committee.

Only members of the Synod are eligible for membership of the

Standing Committee.

(b) The lay members shall be not fewer in number than the

Ministerial members.

 

Meetings

 

(c) The Standing Committee shall:

(i) meet at such times and places as are determined by

the Committee or as called by the Moderator; and

(ii) appoint a chairperson of the meeting if neither the

Moderator nor the ex-Moderator is available.

 

Responsibilities

 

(d) The Standing Committee is empowered to act on behalf of

the Synod between meetings of the Synod in respect of

114

any of the responsibilities of the Synod except such as the

Synod may determine.

(e) The Standing Committee shall deal with matters referred

to it by the Synod.

(f) In dealing with matters which have not been referred,

unless otherwise prescribed by the Synod:

(i) the quorum shall be two-thirds the number of

members of the Standing Committee; and

(ii) if a decision on a matter cannot be made by the

consensus procedures and in order to carry the

relevant motion, a majority of three-fourths of

those present shall be required.

(g) The Standing Committee shall report its decisions to the

next ordinary meeting of the Synod, which shall give

directions as to the publishing thereof and as to any

further action that may be required.

 

ADVISORY COMMITTEE ON MINISTERIAL PLACEMENTS (See

Reg. 3.1.5 (h))

 

3.7.4.2 Membership

 

(a) The Placements Committee shall consist of:

(i) a chairperson, elected by each ordinary meeting of

the Synod;

(ii) the Secretary of Synod (or nominee);

(iii) one or two persons, as determined by the Synod,

appointed by each Presbytery;

(iv) up to six persons elected by the Synod Standing

Committee, after advice from the Placements

Committee taking account of factors such as

gender, age, ethnicity, rural/urban, specialist

knowledge/experience and the need for Deacons

and Youth Workers to be represented.

 

Responsibilities

 

(b) The Placements Committee shall:

(i) determine, after consultation with the Presbyteries

and the relevant bodies of the Synod, the full list of

placements;

(ii) change the number, distribution or designation of

approved placements within the bounds of the

Synod on the following basis:

115

(1) within a Congregation: on the

recommendations of the Presbytery and a

meeting of the Congregation;

(2) within a Presbytery: on the recommendation

of the Presbytery;

(3) within the Synod: on the recommendation of

the relevant Synod body.

(iii) exercise an overview of placements having regard

to the interests of the whole Church;

(iv) take initiatives towards:

(1) the deployment of available ministry in such a

way that approved placements with

imperative needs are not left vacant;

(2) ensuring that Ministers with particular needs

are suitably placed;

(v) at any time initiate (after consultation with the

Ministers, Congregations, Presbyteries and other

bodies concerned) action (including the disturbance

of existing placements) to provide a Minister for a

Priority placement;

(vi) supply relevant information to persons or bodies

concerned with calling a Minister.

(vii) negotiate with other Synods and bodies concerned

regarding the transfer of Ministers between

Synods;

(viii) recommend to Joint Nominating Committees the

names of Ministers, ordinands, Lay Pastors and

Youth Workers considered to be suitable for a

placement (See Reg. 2.6.1 – 2.6.6);

(ix) recommend to Joint Nominating Committees the

names of Pastors considered suitable for placement

under Regulation 2.6.6.

 

MINISTERIAL EDUCATION BOARD

 

3.7.4.3 Membership

 

(a) Ministerial Education Boards shall include both lay and

ministerial members and, in those Synods in which there

is a theological college constituted by the Synod, the

Ministerial Education Board shall also include

representatives of the faculty of the theological college,

representatives of its student body and such heads of

116

university colleges with which the theological college is

associated, as may be determined by the Synod.

(b) The Uniting Aboriginal and Islander Christian Congress

shall appoint a Ministerial Education Board with

responsibilities as provided in Regulations 3.7.4.3(c) in

relation to Aboriginal and Islander candidates.

 

Responsibilities

 

(c) The responsibilities of the Ministerial Educational Board

shall include the following:

(i) in relation to theological colleges constituted by the

Synod:

(1) providing for adequate academic and

administrative staffing, accommodation and

facilities for the work of the theological

college and determining the terms and

conditions of appointment for staff other than

those specified in clause (2);

(2) reporting the decision of the Synod upon all

matters relating to the appointment and

termination of appointment of the principal,

professors and teachers in the theological

college except as hereinafter provided;

(3) determining the conditions under which study

leave shall be granted to members of the staff

of the theological college and making

adequate provision;

(4) being responsible for the income and

expenditure of the theological college and

preparing an annual budget for the Synod.

(ii) in relation to candidates:

(1) referring candidates to a faculty or a

theological college council which shall

determine the appropriate course of studies

for ministerial education and, where that

faculty is not within the same Synod, entering

into negotiations through the Ministerial

Education Board of the Synod concerned for

the reception of the candidate and for the

meeting of the costs involved;

117

(2) making provision for scholarship aid, living

allowances and accommodation for

candidates;

(3) determining, on the advice of the faculty or

theological college council, requests from

candidates for leave of absence or deferral of

studies and advising Presbyteries and the

Ministerial Education Commission

accordingly;

(4) co-operating and consulting with and

reporting to Presbytery in regard to matters

relating to candidates;

(5) receiving from the faculty or theological

college council and forwarding to Presbytery

any recommendations concerning termination

of candidature on academic or other grounds.

(iii) either separately or in co-operation with the Synod

or agency of the Church:

(1) making provision for the continuing

education of Ministers and Youth Workers,

post-graduate and other forms of advanced

ministerial education, and other theological

education and for relating ministerial and lay

education to the overall life and mission of

the Church;

(2) making, on the advice of the faculty or

theological college council, by-laws to govern

admission to courses, suspension from

courses, fees, discipline and other matters

relating to students who are not candidates;

(3) appointing members of selection panels other

than the Presbytery representatives and

making facilities available for the proper and

professional appraisal of applicants for the

ministries of the Church;

(4) reporting as may be requested on the

qualifications of any Minister applying for

recognition and acceptance on transfer from

another church;

(5) nominating to the Synod the persons to

represent the Synod on the Ministerial

Education Commission;

118

(6) co-operating with the Ministerial Education

Commission in the planning and financing of

regular consultations for the staff of the

several theological colleges;

(7) reporting annually to the Synod and to the

Ministerial Education Commission;

(8) appointing such committees as may be

appropriate for the effective fulfillment of the

responsibilities of the Board;

(9) ensuring resources are available to assist

members and the Church in the period of

discernment (see Regulation 2.3.1).

(iv) appoint a community ministry committee, which

shall advise the Board on the educational

requirements for each candidate.

(d) In a Synod where a theological college is recognised by

the Synod as a teaching institution for training students for

ministry but is not constituted by the Synod, the

Ministerial Education Board shall undertake all

responsibilities in Regulation 3.7.4.3(c) not otherwise

legislated for in the constitution and by-laws of the

theological college concerned and shall make

recommendations to the Synod concerning any financial

support of such theological college.

 

THEOLOGICAL COLLEGES

 

3.7.4.4 (a) For such theological colleges as the Synods may establish

and maintain, each such Synod shall provide for

appropriate staffing, educational resources, management,

administration and finance, and, subject to any relevant

Regulations or to any decision of the Ministerial

Education Commission, shall specify the responsibilities

of the college.

(b) The colleges established by Synods may offer

programmes and courses in theological education for

students who are not candidates, provided that the

requirements for training candidates for specified

ministries are fully met.

119

(c) Courses offered by a theological college established by a

Synod shall be available to any persons seeking to

undertake such courses and willing to abide by the rules

laid down by the Ministerial Education Board on the

advice of the faculty or college.

 

THE FACULTY

 

3.7.4.5 (a) Within each theological college established by a Synod

and recognised by the Assembly, there shall be a faculty

responsible to the Synod, to the Ministerial Education

Board and to the Ministerial Education Commission.

(b) The faculty shall comprise the principal, all full-time

teaching members of the staff of the theological college

who have been appointed to their office by the Synod, or

who are recognised by the Synod as constituting the

faculty, together with any others appointed on the

nomination of the faculty by the Synod or the Ministerial

Education Board.

(c) The faculty shall be responsible to the Assembly through

the Ministerial Education Commission for meeting

prescriptions in respect of training of Ministers and for the

standard and quality of education which it offers Ministers

.

(d) The faculty shall be responsible with the Ministerial

Education Board to the Synod for the work of the

theological college constituted by the Synod, and for

theological education within the Synod.

(e) The faculty shall share with Presbyteries the responsibility

for the pastoral care and oversight of candidates for the

ministry. (See Reg. 2.4.2)

(f) Where appropriate a Synod may approve the council of

the theological college or other appropriate body

exercising some or all of the responsibilities of the faculty

specified above.

 

FINANCIAL TRANSACTIONS AND INVESTMENTS BODY

 

3.7.4.6 (a) A Synod may establish a body or bodies authorised to:

120

(i) invest and manage funds on behalf of the Synod or

on behalf of any Presbytery, Congregation or other

body within the bounds of the Synod;

(ii) accept money on deposit;

(iii) borrow, raise, secure the payment of money or

otherwise obtain financial accommodation

including by the issue of debentures, bonds or other

securities;

(iv) advance or lend money or otherwise make financial

accommodation available or enter into financial

transactions with or without security, at such rate

of interest (if any) or for such other consideration

(if any) and on such terms as to repayment and

otherwise as the Synod may authorise;

(v) issue, draw, accept, endorse or discount bills of

exchange, promissory notes, payment orders or

other negotiable instruments;

(vi) enter into any transaction for the purpose of

reducing the risk of loss or increasing the prospect

of gain arising from changes in interest, discount or

currency exchange rates or other rates or factors

affecting financial markets;

(vii) guarantee, indemnify or be surety for the payment

of money or performance of contracts or

obligations by any person with or without securing

the liabilities so incurred.

Subject to Regulation 3.7.4.6(b), all investments

borrowings and other transactions authorised by this

Regulation are to be made in the name of the Property

Trust and within such guidelines as the Synod shall

determine.

(b) The body responsible for the management and

administration of any fund may invest in its own name

monies not immediately required for the purposes of that

fund, provided that the amount and the period do not

exceed the limits prescribed by the Synod and that the

investment is of a nature approved by the Synod. Where

the amount or period of a proposed investment exceeds

the limits set down by the Synod the specific approval of

the Synod shall be obtained for the investment made by

121

the Synod investment agency on behalf of the fund

concerned.

 

INSTITUTIONS

 

3.7.4.7 (a) For the purposes of this Regulation, unless the context or

subject matter otherwise indicates:

(i) institution means any body whether incorporated

or unincorporated established by or on behalf of

the Church or any of the uniting churches or in

which the Church participates for a religious,

educational, charitable, commercial or other

purpose;

(ii) person includes a church, a body corporate and an

unincorporated body;

(iii) the Church includes any body of the Church.

(b) Subject to any directions by the Assembly on matters of

policy, the Synod, paying due regard to the

responsibilities of any other body:

(i) shall determine what institutions shall be

continued, established, conducted or discontinued

by or on behalf of the Church;

(ii) may authorise the establishment or continuation of

any institution by the Church conjointly with

another person, or require the withdrawal of the

Church from any institution which has been or may

hereafter be established by the Church conjointly

with another person;

(iii) may approve or authorise the participation of the

Church in, or the association of the Church with,

any institution, or may terminate or cause to be

terminated any such participation or association;

(iv) may authorise affiliation of the Church with, or

membership of the Church in, such bodies (being

bodies conducting or connected or associated with

an institution or with which an institution is

associated) as shall seem appropriate to the Synod

and may terminate or cause to be terminated any

such affiliation or membership;

(v) may make any such determination, authorisation,

approval, termination or requirement subject to

conditions and from time to time vary the

conditions.

122

(c) The Synod may authorise the separate incorporation of

any institution or the participation of the Church in, or its

association with, an incorporated institution.

(d) (i) The property of any institution referred to in

paragraph (b)(i) shall, subject to any special trusts

which may be applicable, be vested in the

appropriate Synod Property Trust unless the Synod

determines otherwise;

(ii) In the case of each other institution referred to in

paragraph (b) the Synod may concur in the

property of that institution being vested in the

Synod Property Trust or in such other person and

subject to such terms and conditions as to the

Synod shall seem proper.

(e) In respect of institutions established or conducted by or on

behalf of the Church and the Church’s participation in or

association with other institutions and its membership of

or affiliation with bodies pursuant to paragraph (b)(iv) the

Synod may:

(i) oversee and from time to time review the same;

(ii) appoint an official visitor thereto for the purpose of

exercising oversight;

(iii) intervene in such manner as it is able and as it

considers necessary or proper in the interests of the

Church.

(f) Subject to any by-laws and any conditions applicable

pursuant to paragraph (b)(v), an institution which is

established or conducted by or on behalf of the Church or

the council or other authority administering the institution:

(i) shall be responsible and accountable for its proper

management to the Synod or such body as it

designates;

(ii) may exercise all the powers and functions

delegated to it by the Synod or such body as it

designates; and

(iii) shall report and present audited financial

statements to the Synod or such body as it

designates at least annually and at other times as

the Synod requires.

123

(g) Where an institution is established and conducted by the

Church conjointly with any other person, the provisions of

paragraph (f) shall apply, subject to any relevant

provisions contained in any constitution or any other

instrument relating to the joint establishment and conduct

of the institution.

(h) Where an institution is primarily responsible to a body of

the Church within the bounds of a particular Synod, that

Synod shall have the powers and responsibilities given to

the Synod under this Regulation.

(i) In relation to an institution, and to the extent to which the

Church is concerned:

(i) The constitution or other instrument whereby an

institution is established, continued or conducted

by or on behalf of the Church shall:

(1) specify the name, purpose and management

procedures of the institution;

(2) provide for effective representation of the

Synod, the Presbytery, the Church Council or

other body as the case may be on the

managing or controlling authority of the

institution;

(3) provide for the furnishing of regular reports

and financial statements to the Synod or such

body as it designates.

(ii) (1) The Synod shall be responsible for granting

or approving the constitution or other

instrument whereby the institution is

established, conducted or continued and shall

have authority to amend, revoke or suspend

the operation of such constitution or

instrument, notwithstanding any provisions

within the constitution or other instrument.

(2) No alteration of such constitution or other

instrument shall be operative unless and until

it is approved by the Synod.

124

 

3.7.5 ASSEMBLY COMMITTEES, BOARDS AND

 

OTHER BODIES

 

ASSEMBLY STANDING COMMITTEE (See Para 47, Constitution)

 

3.7.5.1 Membership

 

(a) The Assembly Standing Committee shall consist of

(i) the President, President-elect, ex-President and

General Secretary of the Assembly;

(ii) the Chairperson and the National Administrator of

the Uniting Aboriginal and Islander Christian

Congress;

(iii) 18 members of the Assembly elected by the

Assembly; and

(iv) no more than four persons co-opted by the

Standing Committee.

(b) The elected membership shall include at least one person

from each Synod.

(c) The number of lay members of the Standing Committee

shall be not fewer than the number of members who are

Ministers.

(d) In the election of members, paragraphs (b) and (c) shall be

applied in that sequence in determining the persons

elected.

(e) The elected membership shall include no more than six

persons from any Synod.

(f) The Standing Committee may act notwithstanding any

vacancy in its membership. Any vacancy may be filled by

the Standing Committee appointing a member of the same

status, whether Minister or lay person, as the person who

caused the vacancy. If the person whose place has become

vacant was the only elected member of the Standing

Committee from a Synod, the new member shall be from

the same Synod.

(g) Only members of the Assembly are eligible for

membership of the Standing Committee.

 

Meetings

 

125

(h) Meetings of the Standing Committee shall be held as

required to transact the business and shall be called by the

General Secretary:

(i) as may be directed by a previous meeting of the

Committee;

(ii) as requested by the President;

(iii) as approved by the President on advice from the

General Secretary as to business to be done;

(iv) as requested in writing by not fewer than half the

members of the Committee, the request to state the

purposes of the proposed meeting.

(i) Any matter coming before the Standing Committee for

determination may be dealt with by postal or electronic

vote, provided that no such matter shall be deemed to be

resolved in the affirmative unless at least four-fifths of the

members of the Committee vote for the affirmative and

further provided that if within seven days after the referral

of such matters to the members of the Committee any

three or more members give written notice that they

require the matter to be referred to a duly convened

meeting of the Committee, the postal or electronic vote

shall be of no effect.

(j) The following persons may attend the meetings of the

Standing Committee as observers with the right to speak

but not to vote:

(i) Secretaries of Synods, the Associate General

Secretary and the National Director, Theology and

Discipleship;

(ii) such Assembly staff members as the President and

General Secretary, after consultation, may invite,

having regard to the agenda.

(k) At least thirty days’ notice in writing shall be given

convening meetings of the Standing Committee, provided

that such time may be reduced if, in the opinion of the

President, an earlier meeting is required for urgent

reasons.

 

Responsibilities

 

(l) The Standing Committee shall:

126

(i) transact such business as may be referred to it by

the Assembly and such other business as may be

required or be desirable to be done on behalf of the

Assembly between meetings of the Assembly,

except such as may be precluded by the Assembly;

(ii) in order to assist the Assembly in its discernment,

at least ten months prior to an Assembly meeting,

advise the Church on the challenges and issues

which may be faced by the President and the

Assembly in the seven subsequent years;

(iii) offer guidance to the President on priorities to be

pursued, and the way in which the responsibilities

named in Regulation 3.6.4.2 may be exercised,

taking into account the particular gifts and graces

of the President;

(iv) report its decisions to Synods, Presbyteries and the

next meeting of the Assembly.

 

AUDIT, FINANCE AND RISK COMMITTEE

 

3.7.5.2 Membership

 

(a) The Assembly shall establish an Audit, Finance and Risk

Committee which shall consist of:

(i) a Chairperson appointed by the Standing

Committee;

(ii) four other persons at least two of whom are not

employees of the Church or Ministers; and

(iii) the General Secretary and the senior financial

officer of the Assembly who shall be ex officio

non-voting members.

(b) The members shall be appointed by the Standing

Committee at its first meeting after each ordinary meeting

of the Assembly.

(c) All members shall hold office until a new committee is

appointed according to Regulation 3.7.5.2(b).

(d) Casual vacancies may be filled by appointment by the

Standing Committee.

 

Responsibilities

 

(e) The Committee shall:

127

(i) be accountable to the Assembly and its Standing

Committee;

(ii) make to the Assembly such reports and

recommendations on financial matters and policies

as the Assembly may require or the Finance and

Audit Committee considers appropriate.

(iii) assist the Standing Committee to discharge its

responsibility to exercise due care, diligence and

skill in relation to:

(1) selection and application of accounting

policies;

(2) financial budgeting, recording, monitoring

and reporting;

(3) management and internal controls;

(4) business policies and practices;

(5) compliance with applicable laws, regulations,

standards and best practice;

(iv) review and if necessary initiate improvements in

the quality of internal and external financial

reporting to the Assembly and its agencies;

(v) review and if necessary initiate improvements in

the effectiveness of internal and external audit

functions and advise regarding auditors;

(vi) provide a formal forum for communication

between the Standing Committee, senior financial

management and the external auditor;

(vii) monitor audit and risk management systems put in

place by Assembly agencies;

(viii) initiate action to investigate or intervene in any

agency/activity of the Assembly where such action

is warranted by an audit finding or risk situation.

 

MINISTERIAL EDUCATION COMMISSION

 

3.7.5.3 Membership

 

(a) The Assembly shall establish a Ministerial Education

Commission which shall consist of:

(i) a chairperson and a secretary appointed by the

Assembly;

(ii) the principal (or an alternate appointed by the

principal) of each theological college recognised

by the Assembly;

128

(iii) two persons appointed by each Synod, one of

whom shall have expertise in education for lay

specified ministries;

(iv) one person appointed by the Presbytery of

Tasmania;

(v) two persons appointed by the Uniting Aboriginal

and Islander Christian Congress; and

(vi) the chairperson of each working group appointed

by the Commission, provided that a working group

may appoint another of its members active in the

ministry concerned to serve as a member of the

Commission in the place of the chairperson of the

working group.

(b) Persons appointed under the provisions of Regulation

3.7.5.3(a)(i) shall hold office between consecutive

ordinary meetings of the Assembly. Any vacancies

occurring in such appointments within that period shall be

filled by the relevant appointing body or principal.

 

Responsibilities

 

(c) The responsibilities of the Ministerial Education

Commission shall be to:

(i) recommend to the Assembly the colleges to be

recognised by the Church as approved centres for

training for ministry;

(ii) recommend to the Assembly the pre-requisites for

admission to candidature and the standards of

ministerial education to be required of a candidate

to qualify for recognition as a Minister or Youth

Worker, including the requirements for completion

of the period of discernment;

(iii) prescribe the areas of study and the minimum

requirements within each area which shall

comprise an acceptable course of study for the

various ministries of the Church, including the

requirements for mentoring and support for newly

ordained ministers during the first three years of

their ministry;

(iv) receive annually for review from the faculty of

each recognised theological college a report on

ways in which the prescriptions specified under

(iii) are being met;

129

(v) maintain a roll of candidates;

(vi) set standards for qualifying examinations where

appropriate for applicants seeking acceptance as

candidates for specified ministries and to arrange

for the administration of such examinations;

(vii) prescribe the conditions under which a candidate

qualifies for ordination and/or recognition and

issue a statement certifying that the requirements of

Phase Two have been fulfilled in respect of each

candidate on receipt of advice from the faculty

concerned that all requirements of the course have

been satisfactorily met;

(viii) arrange regular consultations of staff of the several

theological colleges as may be appropriate;

(ix) recommend to the Assembly guidelines whereby

Ministers and Youth Workers shall fulfil the

requirement for three to five year continuing

education agreements with their Presbytery or

other appointing body; and

(x) do such other things as may be required of it by the

Assembly.

 

Executive of the Ministerial Education Commission

 

(d) There shall be an executive committee of the Commission

which shall consist of:

(i) the chairperson and secretary of the Commission as

appointed under Regulation 3.7.5.3(a)(i);

(ii) the other members of the Commission resident

within a Synod designated by the Assembly;

(iii) up to four additional persons (who need not be

members of the Commission but who shall be

resident in the designated Synod) appointed by the

Commission for a term of not more than three

years and under such conditions as the Commission

shall determine;

(iv) up to two additional persons (who need not be

members of the Commission but who shall be

resident in the designated Synod) co-opted by the

above members of the executive committee for a

term of not more than three years and under such

conditions as the committee shall determine.

130

(e) The executive committee may act for and on behalf of the

Commission between its meetings in all matters except as

may be specifically precluded by the Commission.

 

3.8 REGULATIONS THAT APPLY TO ALL

 

COUNCILS AND CONGREGATIONS

 

PRINCIPLE FOR APPOINTMENTS

 

3.8.1 In determining the composition of the council the appointing body

shall have regard to the principle that in accordance with the call

and gifts of the Spirit each member shall have a part in the ministry

of the Church, and that government of the Church will be “entrusted

to representatives, men and women, bearing gifts and graces with

which God has endowed them for the building up of the Church” ”

(Basis of Union Para. 15).

 

APPOINTMENT OF COMMITTEES

 

3.8.2 A Congregation or council may appoint and disband committees for

such periods, on such terms and with such responsibilities as it

deems appropriate.

 

OTHER OFFICERS

 

3.8.3 A Congregation or council may appoint other officers upon such

conditions and to have such responsibilities as the council shall

determine.

 

CONDUCT OF MEETINGS

 

3.8.4 (a) Meetings of a council or a standing committee shall be

conducted in accordance with “A Manual for Meetings in

the Uniting Church” unless the council or standing

committee has adopted other standing orders or meeting

procedures.

(b) If the presiding officer of a meeting of a congregation or

council (or its standing committee) is unavailable then the

meeting shall elect a chairperson for that meeting.

 

QUORUMS FOR MEETINGS

 

3.8.5 (a) If a quorum is not present the meeting shall be reconvened

by the chairperson and if the chairperson be unavailable by

the secretary. If a quorum be not present at the reconvened

131

meeting the business of the meeting may be conducted by

those present.

 

Congregation

 

(b) A quorum for a meeting of the Congregation shall consist

of eight voting members or one-tenth of the voting

members of the Congregation whichever number is the

greater, unless otherwise determined by the Presbytery in

respect of a particular Congregation.

 

Church Council

 

(c) A quorum for a meeting of the Church Council shall consist

of one half of the total membership of the Church Council.

 

Presbytery

 

(d) A quorum for a meeting of the Presbytery shall consist of

one-third of the voting members representing at least half

the number of the Congregations of the Presbytery. If a

Minister, Youth Worker, Pastor or Lay Pastor is serving in

an approved placement in more than one Congregation,

that person shall be deemed to represent all those

Congregations for the purpose of determining whether at

least half the number of Congregations are represented at

the meeting.

 

Synod

 

(e) A quorum for a meeting of the Synod shall consist of half

the number of members of the Synod within which

number at least two-thirds of the Presbyteries shall be

represented.

(f) Except as provided in Regulation 3.7.4.1(f)(i), a quorum

for a meetings of the Synod Standing Committee shall

consist of half the number of members on the Committee

 

Assembly

 

(g) A quorum for a meeting of the Assembly shall consist of

half of the number of members of the Assembly

representing at least half the number of the Synods.

(h) A quorum for a meeting of the Assembly Standing

Committee shall be half the number of members of the

Committee.

 

FUNDS OF CONGREGATIONS, COUNCILS OR OTHER BODIES

 

132

 

3.8.6 Congregations, Church Councils, Presbyteries, Synods, the

Assembly or other bodies may establish funds to provide for the

proper discharge of their purposes, responsibilities and objects,

and they shall respectively be managed and administered by such

persons or bodies and in such manner as the Church Council (or

Church Councils working collaboratively), Presbytery, Synod or

Assembly may determine.

 

ACCOUNTING AND AUDIT

 

3.8.7 Books of Account

 

(a) All funds of the Church shall be accounted for using

proper, approved methods of accounting. The body

responsible for funds shall keep proper books of account.

The books of account shall include all receipts and

disbursements received or made, all credits and debts

owing or due and all other relevant matters necessary

including a full explanation of the accounts. The body

responsible shall, upon the request of the chairperson of

the Church Council or other appointing body or the Synod

Property Officer or any person authorised by any one of

them, produce the books of account together with all

supporting or relevant accounts, receipts, and documents

for inspection, and shall permit extracts to be taken and

copies to be made by any such authorised officer.

 

Monies to be banked

 

(b) All monies received from time to time shall be placed to

the credit of an account in the name of the body

responsible in any one or more of the financial institutions

approved by the Synod. The body responsible shall

appoint two or more persons to operate on such account

 

Audit

 

(c) The books of account shall be audited and certified by the

auditors at least once in every year and at such other times

as may be required by the chairperson of the Church

Council or other body responsible as the case may require.

 

Appointment of Auditors

 

(d) The auditor or auditors shall be appointed annually.

Subject to the variation in (e) below, the auditor(s) shall

be a qualified accountant or, if more than one, shall

133

include at least one qualified accountant. For the purpose

of this Regulation a qualified accountant means:

(i) a person who is a member of the Institute of

Chartered Accountants in Australia or the

Australian Society of Certified Practising

Accountants, or

(ii) any other person who has qualifications and

experience requisite for registration as a company

auditor under the Corporations Act 2000 as

amended or replaced from time to time and who in

the opinion of the appointing body is a fit and

proper person to undertake the responsibility.

 

Variations to Qualifications

 

(e) Where the gross receipts of a Congregation or body or

fund in the year is below a figure that equates to 2.5 times

the notional stipend the books of account may be audited

and certified by two person who are not qualified in terms

of (d) above, but who are, in the opinion of the body

responsible, fit and proper persons to undertake the

responsibility. Notional stipend for the purpose of this

Regulation means the amount determined for the year by

the Board of Directors of Benefund Limited.

 

Eligibility as Auditor

 

(f) The auditor appointed shall not be a member of the board,

council or committee whose accounts are being audited

unless a Presbytery with respect to accounts of

Congregations or Congregational organisations within its

bounds, or the Synod Property Board with respect to

accounts of other councils or organisations, determines, at

the request of the appointing body, that special

circumstances exist. In such case a member of the board,

council or committee may be appointed to be auditor.

 

Presentation of Accounts

 

(g) Audited financial statements bearing an audit or

independent reviewer’s report in such form as the Synod

may prescribe shall be submitted to the Church Council or

other appointing body or the body responsible for their

administration and control, as may be appropriate, at least

once in every year, and to the Synod and the Presbytery

Property Committee (in respect of Congregations and their

organisations) whenever required.

134

 

Budgets

 

(h) Comprehensive and detailed budgets should be prepared

for every Congregation, Presbytery, Synod, the Assembly

and other body with an established fund during the current

year for the next succeeding year in the manner directed

and approved by the relevant council responsible for the

fund.

 

3.9 ALTERNATIVE LOCAL CHURCH

 

STRUCTURES

 

PARISH MISSIONS

 

3.9.1 (a) A Synod, after consultation with the Presbytery, may

designate a Congregation or related Congregations within its

bounds as a Parish Mission if, in the opinion of the Synod,

such Congregation is responsible for approved ministries of

such special character and extent that the Congregation

should be allowed to do one or more of the following:

(i) to look beyond its own membership and bounds for

additional persons to assist in the general oversight

and management of the responsibilities of the

Congregation;

(ii) to seek additional financial support by appeal beyond

the bounds of the Congregation, provided that such

appeals shall not be addressed to Congregations

without prior consent of the appropriate body

appointed or designated by the Synod;

(iii) to make a case for the extension of ministerial

placements beyond the normal maximum term when

the proper exercise of the special ministries so

requires.

(b) Except as may be determined in accordance with (c), the

Presbytery may, in respect of each Parish Mission, appoint

any number from one to ten persons to be members of the

Church Council in addition to those listed in Regulation

3.3.1. The Church Council may nominate to the Presbytery

names of persons to be considered when such appointments

are being made.

135

(c) Synod may, at its discretion, determine that in regard to any

particular Parish Mission the Synod or a Synod body

determined by it shall make the additional appointments to

Church Council set out in (b).

(d) A Parish Mission, in addition to such reports as would

normally be made by a Congregation to the Presbytery, shall

report annually to the Synod or a body determined by the

Synod regarding the special ministries and shall present

financial statements as the Synod shall determine.

(e) If, in the opinion of the Synod, after consultation with the

Presbytery, the special ministries no longer justify the

designation of Parish Mission, the designation and the

provisions pertaining thereto shall be withdrawn following

reasonable notice to the Congregation concerned.

 

FAITH COMMUNITIES

 

3.9.2 (a) A Presbytery may recognise as a Faith Community a

grouping of people who;

(i) are seeking to explore the implications of faith in

God, gathering in order to serve the community

and/or nurturing one another in faith; or

(ii) are worshiping together and seeking to relate to the

Church for nurture and support, and

(iii) apply to the Presbytery to be recognised as a Faith

Community.

(b) A Faith Community may include confirmed members of

the Church who hold their membership in a Congregation

or who have their membership recorded with the

Presbytery.

(c) A Faith Community will order its life, under the oversight

of the Presbytery, so as to encourage its participants,

develop its mission, and be accountable for its resources,

and may seek the guidance of a Presbytery about possible

ways to do so.

(d) A Faith Community may appoint leaders from its

participants and may designate a participant to attend

meetings of the Presbytery.

136

(e) A Faith Community may apply to Presbytery to be

recognised as a Congregation. A Presbytery may request a

Faith Community to make such an application.

(f) A Presbytery may cease to recognise a Faith Community.

 

CHURCH COUNCILS IN SMALL CONGREGATIONS

 

3.9.3 (a) Where a Congregation has no more than 30 confirmed

members and members-in-association (as listed in

Regulation 1.6.1), the Presbytery may, at the request of the

Congregation, authorise the Congregation to determine that

all those who are members of the Congregation shall

comprise the Church Council.

(b) The authorisation shall continue until:

(i) the Congregation decides that it will cease to operate

under these Regulations and forms a Church Council

under Regulation 3.3.1; or

(ii) it is withdrawn by Presbytery after consultation with

the Congregation (which shall be carried out by the

Presbytery at least every five 5 years); or

(iii) the expiry of the period of 12 months mentioned in

(c) or the longer period authorized under (c) of this

Regulation , as the case may be.

(c) This Regulation shall cease to apply to the Congregation

and the Congregation shall form a Church Council in

accordance with the Regulation 3.3.1 at the expiry of a

period of 12 months after the number of confirmed

members and members-in-association of the Congregation

grows to more than 40 or at the expiry of such longer period

as the Presbytery may authorise where it considers it is in

the best interest of the Church to do so.

(d) (i) A meeting of a Congregation in which all confirmed

members and members-in-association of the

Congregation comprise the Church Council shall

also be a meeting of the Church Council and vice

versa unless the meeting is convened only as a

meeting of the Church Council.

(ii) The quorum for a meeting of the Congregation

which is also a meeting of the Church Council and

the quorum for a meeting which is convened only as

137

a meeting of the Church Council shall be one quarter

of the confirmed members and members-inassociation.

(See Reg. 3.8.5).

(e) Regulation 3.3.1(b) does not apply to Congregations in

which the confirmed members and members-in-association

comprise the Church Council.

[Korean]

 

3.10 EXEMPTIONS, ALTERNATIVES AND

 

ALTERATIONS

 

EXEMPTIONS AND ALTERNATIVE REGULATIONS

 

3.10.1 The Assembly in plenary session, or its Standing Committee (if

in that Committee’s opinion special circumstances exist or it is

necessary or convenient in order to give effect to any resolution

of the Assembly) by resolution:

(a) may grant exemption from compliance with all or any of

the Regulations; and

(b) may make alternative Regulations in respect of all or any

such matters

in either case to have application either generally or only to such

persons, congregations, councils and other bodies and in such

circumstances and subject to such conditions as may be specified

by resolution.

The granting of an exemption from compliance with a Regulation

or Regulations does not have the effect of exempting any person,

congregation, council or other body from complying with the

Constitution and other Regulations.

 

ALTERATIONS TO REGULATIONS

 

3.10.2 (a) These and any other Regulations may be amended by

addition, deletion or alteration by a decision of the

(i) Assembly, ..;or

(ii) Assembly Standing Committee as the case may be

where the Assembly in session has resolved to

138

delegate the authority to amend to the Standing

Committee;

provided that details of any proposed amendment have

been published in the agenda of the Assembly or the

Standing Committee or stated in a notice of motion

proposal which has been duly given in accordance with

standing orders and which specifically states or

necessarily implies that any such proposal involves an

amendment to the Regulations.

(b) Amendments to the Regulations shall have effect from the

time of passing of the relevant resolution or at such other

time as the Assembly, or the Standing Committee, as the

case may be may specify.

(c) Any act or decisions made under Regulations prior to the

amendment thereof shall not be rendered invalid by reason

of such amendment but shall subsequently be varied to

comply with the amended Regulations if so directed by

the Assembly or other authority body concerned.

(d) Any body within the Church affected by Regulations may

request the Assembly to amend the Regulations.

139

 

4. PROPERTY

 

4.1 DEFINITIONS

 

In Part 4 unless the context or subject matter otherwise indicates:

 

Agency includes any body not separately incorporated or any

person acting in the name or on behalf of the Church;

 

Building includes any building used solely or in part for

educational, charitable, social, residential, business, commercial

or professional purposes;

 

Chairperson includes the deputy chairperson and other person

acting as chairperson;

 

Church building means any building ordinarily used for the

holding of services for the worship of God;

 

Lease includes:

(i) any lease, sub-lease, or licence of land or premises

granted or taken on behalf of or for the benefit of the

Church or any body of the Church,

(ii) any surrender or variation of lease, sub-lease, or licence,

or consent to either transfer or sub-lease, underlease or

sub-license any lease, sub-lease or licence of land or

premises.

 

Proceeding means any action, suit, application or proceeding in

any court or other tribunal, a reference to arbitration, or other

proceeding of conciliation, mediation or adjudication whether

judicial or arbitral or not;

 

Property means property of whatsoever nature whether real or

personal, and includes money, investments, and rights relating to

property;

140

 

Property Trust means a Property Trust constituted under the

Uniting Church in Australia Act or Ordinance of the State or

Territory concerned;

 

Responsible body means a body that is responsible for the

management and administration of property, and which either

itself carries out those responsibilities or appoints another body

to undertake them either in whole or in part;

 

Standing Committee means the Standing Committee of Synod

by whatever name known or the executive committee or other

body having authority to act on its behalf;

 

Trust property means property vested in or acquired by a

Property Trust.

 

SYNOD PROPERTY BOARD

 

FUNCTIONS OF PROPERTY BOARD

 

4.2.1 Each Synod shall appoint a Property Board which shall:

(a) advise the Synod with respect to policies relating to

property within the bounds of the Synod;

(b) supervise the implementation of the Synod’s policies in

regard to property within the bounds of the Synod;

(c) consult where appropriate and advise Presbyteries,

Church Councils, institutions and other agencies of the

Church with respect to property matters within their

bounds;

(d) receive proposals with respect to property matters

submitted to it by the Presbyteries, Church Councils,

institutions or agencies, ensure that each proposal is in

accordance with the policies of the Synod with respect to

property matters, development and mission and give the

final decision with respect to such proposals;

(e) initiate proposals with respect to property matters;

141

(f) carry out functions (b) to (e) above in respect of

departmental, institutional and other property outside the

jurisdiction of Presbyteries and Church Councils;

(g) only approve the transfer of any real estate vested in a

Uniting Church Property Trust to any Aboriginal and

Islander organisation with the prior approval of the

National Executive of the Uniting Aboriginal and Islander

Christian Congress; (See Reg. 3.2.6) and

(h) perform such other duties and functions with respect to

property matters as may be referred or delegated to it by

the Synod from time to time.

 

DELEGATION TO PRESBYTERY

 

4.2.2 (a) A Synod Property Board may delegate to:

(i) the Property Committee of any Presbytery, or

(ii) another body within the Synod, or

(iii) a Church Council of a Congregation which is

designated as a Parish Mission or a committee of

that Church Council, or

(iv) the Property Officer , and / or specified positions

any of its powers of consent or approval in relation to

property, provided that the financial liability involved, or

the value of the property concerned, does not exceed such

sum or sums as the Synod may determine from time to

time.

(b) A Synod Property Board may withdraw such delegation,

either generally or in a particular case, at any time.

(c) The delegation shall be made subject to such conditions as

the Assembly or the Synod Property Board shall

determine from time to time.

 

MEMBERSHIP

 

4.2.3 The Synod shall determine the membership and terms of

appointment of members of the Synod Property Board provided

that the membership shall include

(a) the Synod Property Officer ex officio; and

142

(b) at least two other members of the Property Trust.

 

PRESBYTERY PROPERTY COMMITTEE

 

PRESBYTERY PROPERTY COMMITTEE

 

4.3 (a) Each Presbytery shall appoint a Presbytery Property

Committee and shall determine the membership and term of

appointment of members of the Committee.

(b) A Presbytery Property Committee, subject to any relevant

by-laws and directions of the Presbytery, shall:

(i) advise Church Councils and other bodies within the

bounds of the Presbytery with respect to property

matters for which they are responsible;

(ii) receive and consider applications from Church

Councils and other bodies within the bounds of the

Presbytery with respect to property matters as

provided by these Regulations having regard to:

• the mission of the Church within the bounds of

the Presbytery,

• the policies of the Synod and Presbytery,

• financial feasibility,

• design and location,

• any other relevant matter;

(iii) submit proposals from any Church Council or other

body within the bounds of the Presbytery to the

Synod Property Board with recommendations for

final decision;

(iv) initiate proposals with respect to property matters

within the bounds of the Presbytery; and

(v) regularly inspect or arrange for the regular

inspection of properties for which the Presbytery

and Church Councils and other bodies within the

bounds of the Presbytery are responsible and

propose and report to Presbytery such action as

may seem desirable to ensure that the properties are

maintained in good and safe condition.

(c) A Presbytery may authorise the Presbytery Property

Committee or another committee or committees to take

responsibilities in respect of such one or more of the

143

properties for which the Presbytery is itself responsible,

including:

(i) the supervision and use of the property;

(ii) maintaining the property in good repair;

(iii) reporting in respect of such matters as the

Presbytery may require; and

(iv) such other matters as the Presbytery may

determine.

(d) In a matter of extreme urgency the Presbytery Property

Committee may remit any application received by it to the

Synod Property Board which shall be entitled to deal with

such application without any recommendation thereon

having been made by the Presbytery Property Committee,

and in cases where the Moderator certifies that

circumstances of extreme urgency exist, the Moderator

may authorise the Synod Property Officer and the Synod

Secretary to make a decision and take action in the name

of the Synod Property Board, such action to be

subsequently reported to the Board and to the Presbytery

Property Committee.

 

THE CHURCH COUNCIL

 

RESPONSIBILITY FOR PROPERTY

 

4.4.1 Subject to the Regulations, the by-laws of the Synod and the

rules of Presbytery, the Church Council shall be responsible for

the management and administration of all property of the Church

acquired or held for the use of the Congregation, and without

limiting the generality of the foregoing shall:

(a) be responsible for the care and maintenance of property;

(b) subject to clause (e) of this Regulation, determine the use

of land and buildings;

(c) deal with proposals for the acquisition or disposal of any

property or the creation or extinguishment of any rights or

interests in property by whatever means;

144

(d) consider and if thought fit make recommendations

concerning erection, demolition, alteration or enlargement

of church buildings and other buildings;

(e) consult with a Congregation regarding any proposal

concerning property that would have a substantial effect

on the life, witness and service of the Congregation;

(f) be responsible for the financial affairs and the

management and investment of all funds related to

property;

(g) do such other things as are necessary or appropriate for

the use and management of all property acquired or held

for the Congregation.

 

NOTICE OF BUSINESS

 

4.4.2 (a) Unless at least seven days’ notice convening the meeting

and specifying the business that shall be dealt with at the

meeting has been given it shall not be competent to pass

any resolution recommending or resolving to:

(i) erect, enlarge, demolish, remove or substantially

alter any building;

(ii) incur any expense for repairs exceeding such sum

as may be determined by the Synod from time to

time;

(iii) sell, mortgage, exchange, lease, grant or extinguish

any estate, right or interest in any land, or surrender

or accept the surrender of any lease;

(iv) acquire any land or interest in land;

(v) alter the general purposes for which any land or

building is or may be used;

(vi) invest any funds other than on short-term deposit

with any of the financial institutions approved by

the Synod in accordance with Regulation 3.8.7(b);

(vii) appropriate any funds except for current expenses.

(b) It shall be competent for the Church Council to deal with

and resolve any of the matters referred to in Regulation

4.4.2(a), notwithstanding that the prescribed notice has

not been given, if a majority of those present at the

meeting of the Church Council resolve to waive such

notice, provided that the majority of votes cast in favour

145

of such waiver shall be not less than three-fifths of the

total membership of the Church Council.

 

ANNUAL PROPERTY REVIEW

 

4.4.3 At least once in every year the Church Council shall receive the

audited accounts and review the following matters in respect of

each property for which it is responsible:

(i) the state of repair;

(ii) the adequacy of the insurance cover;

(iii) arrangements made in respect of public risk

insurances and personal accident insurances for

voluntary workers;

(iv) the financial position in respect of each property.

 

4.4.4 In exercising the responsibilities set out in Regulation 4.4.1 the

Church Council may itself carry out all these responsibilities or

may appoint one or more committees to be responsible to the

Church Council in respect of such one or more properties as the

Church Council may specify for:

(i) the supervision and use of the property;

(ii) maintaining the property in good repair;

(iii) such other responsibilities as the Church Council

may determine;

(iv) reporting in respect of such matters as the Church

Council may require.

 

PROPERTY OTHER THAN

 

CONGREGATIONAL PROPERTY

 

PROPERTY OTHER THAN CONGREGATIONAL PROPERTY

 

4.5 (a) Assembly property shall be dealt with in accordance with

the provisions of Regulation 4.10.1.

(b) In the case of property (other than property for which a

Church Council is the responsible body), acquired or held

for the use of a Synod, a Presbytery, or any body within

the bounds thereof, the responsible body shall be that

council or body.

(c) The responsible body shall determine the manner in

which such property is managed and controlled.

146

 

PROPERTY DEALINGS

 

PROPERTY PROPOSALS

 

4.6.1 (a) A proposal for the purchase, sale, mortgage, lease or the

granting or acquiring or disposing of or surrender of any

estate or interest in any real property or the erection,

demolition or enlargement of a church or other building,

or any borrowing of money, may originate in a Church

Council or other responsible body or a committee thereof,

or in a Congregation.

(b) In the event of any such proposal originating in a

Congregation or a committee and being accepted for

examination and decision, immediate written notice of

such proposal shall be given to the Church Council or

other responsible body, and when appropriate the

originating body shall give advice of its recommendations

in respect of such proposal.

(c) No such proposal may be put into effect before approval

is given in accordance with the Regulations.

 

LEASES

 

4.6.2 (a) Subject to paragraph (b) of this Regulation, a lease shall

not be granted without the prior approval of the Synod

Property Board.

(b) Approval to grant or vary a lease or accept any surrender

thereof may be given by the Church Council or other

responsible body where:

(i) the term of the lease (including any options for

renewal) does not exceed 3 years, and

(ii) the premises are not a Church building, a Church

hall or a Minister’s residence.

(c) A lease shall not be taken without the prior approval of

the Synod Property Board.

(d) All leases shall be executed by a Property Trust unless

otherwise authorised by the Synod Property Board on

such terms as it thinks fit.

147

(e) All leases shall be taken or granted in the name of a

Property Trust.

(f) Each lease, or a copy thereof, shall be lodged with the

Property Officer of the Synod.

(g) This Regulation applies notwithstanding anything

elsewhere contained in the Regulations.

 

PROPERTY TRANSACTIONS

 

4.6.3 Unless special circumstances are declared to exist by Synod or

its Standing Committee, no real estate shall be acquired, sold,

mortgaged or (except as provided in Regulation 4.6.2) leased, or

any rights, easements or other estates or interests therein granted

or created, assigned or surrendered, or contracts entered into in

respect of such matters or in respect of the erection, enlargement,

structural alteration, improvement or demolition of any

substantial building or the borrowing of any money unless the

same shall be approved by the Church Council or other

responsible body, the Presbytery and the Synod in the manner

required.

 

APPLICATIONS FOR APPROVAL

 

4.6.4 Application to the Presbytery or the Synod for approval of any

proposed property transaction shall be made in such form and

accompanied by such information as the Synod Property Board

may require.

 

EXECUTION OF DOCUMENTS AND MAKING

 

OF AGREEMENTS

 

CERTIFICATION OF DOCUMENTS AND AGREEMENTS

 

4.7.1 All documents, agreements in writing and proposals for

agreements, to be executed or made by or on behalf of a

Property Trust and to which Regulation 4.6.3 applies, shall be

submitted to the Property Officer of the Synod accompanied by a

certificate in the form required by the Property Trust certifying

that the document agreement or proposal has been approved in

accordance with Regulation 4.6.3.

148

 

EXECUTION OF DEEDS

 

4.7.2 Any deed, instrument, contract or agreement relating to any

property or matter to which the Regulations apply which, if

made or executed by an individual could be, or would (under

common or statute law) be required to be, in writing and under

seal, may be made or executed under the seal of the Property

Trust.

 

MAKING OF AGREEMENTS AND EXECUTION OF DOCUMENTS

 

NOT UNDER SEAL

 

4.7.3 (a) Any instrument, contract or agreement relating to any

property or matter intended to be evidenced in writing but

not under seal (whether or not required by law to be in

writing) shall be made in writing under the authority and

on behalf of the Property Trust in the circumstances and

manner, and by the person or persons, authorised by the

Property Trust.

(b) Any contract relating to any property or matter which if

made between individuals would by law be valid although

made by parol only (and not reduced to writing) may be

made under the authority and on behalf of the Property

Trust, in the circumstances and manner, and by the person

or persons, authorised by the Property Trust.

 

DOCUMENTS CONSEQUENTIAL ON AN AGREEMENT

 

4.7.4 In the event of a document to be executed by or on behalf of the

Property Trust being consequential upon an agreement entered

into by the Property Trust such document may be executed,

provided the solicitor or other person properly submitting the

same certifies the document to be consequential and in order for

execution.

 

AGREEMENT TO BE BINDING

 

4.7.5 Any deed, instrument, contract or agreement made in accordance

with the foregoing provisions shall be effectual in law and shall

bind the Property Trust or any responsible body and all other

parties thereto and may be varied or discharged in the manner in

which it is authorised to be made.

 

4.8 APPLICATION OF PROCEEDS OF SALE

 

149

 

4.8 The proceeds of any sale of real estate shall, subject to any

special trusts upon which it is held, be applied so far as the

proceeds will extend in the following order:

(a) in the discharge of any encumbrances and liabilities

whether personal or otherwise lawfully created or

contracted or such of them or such part thereof

respectively as it may be found necessary or expedient so

to discharge;

(b) in the fulfillment of the conditions (if any) imposed by the

Synod when consenting to such sale;

(c) towards any one or more of the objects hereinafter

mentioned:

(i) promoting the mission of the Church;

(ii) assisting or increasing the funds of any body of the

Church;

(iii) erecting a new Church building, Church hall,

residence or other building on any site vested in the

Church;

(iv) carrying out improvements and enlargements to

any such existing buildings;

(v) purchasing land as a site for a Church building,

Church hall, residence or other building to be under

the control of the Church Council concerned or any

other body of the Church;

(vi) contributing to the funds, objects or charities under

the control or direction of the Presbytery, Synod or

the Assembly;

(vii) such other purposes as the Synod may approve.

 

4.9 LEGAL ACTIONS AND ARBITRATIONS

 

4.9 (a) The Property Trust in the State or Territory where

proceedings are being taken may sue or be sued in its

name on behalf of the Church or any agency of the

Church or in relation to trust property.

(b) Proceedings shall not be instituted or defended by or in

the name of a Property Trust, the Church, or any agency

of the Church, without the prior approval of:

150

(i) the Standing Committee of the Synod in the State

or Territory in which the proceedings are being

taken or of the Moderator of that Synod, or

(ii) in cases of urgency, the Property Officer of that

Synod or the chairperson of the Presbytery within

the bounds of which the action arose or the

property affected by the proceedings is located.

(c) All persons shall be entitled to rely upon a statement that

the required consent has been given, if signed by an

officer of the body by which or by the person by whom,

the consent was given, without proof of the signature of

that person.

 

4.10 ASSEMBLY PROPERTY

 

4.10.1 (a) All real property acquired or held for or on behalf of the

Assembly or any agency of the Assembly (hereinafter

called Assembly property) shall be managed and

administered by

(i) the governing body of the agency concerned; or

(ii) such officer or body as the Assembly or its

Standing Committee designates.

(b) Proper books of account shall be kept in respect of all

Assembly property and shall be audited annually and at

such other times as the President or the General Secretary

may require.

(c) A copy of the audited accounts shall be given to the

General Secretary forthwith after the completion of the

audit.

(d) Assembly property shall not be purchased, sold,

mortgaged, encumbered or leased; and

(i) no legal or equitable estate or interest in Assembly

property shall be granted, transferred, assigned or

surrendered; and

(ii) no building on Assembly property shall be erected,

demolished, enlarged or substantially altered,

151

without the consent of the Assembly or its Standing

Committee or such other committee as the Assembly or

its Standing Committee may designate.

(e) The legal title to Assembly property shall be vested in the

Property Trust of the Church in the State or Territory in

which the property is situated, except as may otherwise be

approved by the Assembly Standing Committee.

(f) All documents necessary to be executed by a Property

Trust in respect of Assembly property shall be executed

by it upon being furnished with a certificate signed by the

President or General Secretary or such other person as the

Standing Committee of the Assembly shall appoint,

evidencing that the document is in order for execution.

(g) The Assembly or its Standing Committee may give

directions in respect of Assembly property.

 

4.11 MISCELLANEOUS

 

UNSAFE BUILDINGS

 

4.11.1 (a) Notwithstanding any Regulation or by-law, a Synod

Property Officer or Synod Secretary shall have the power,

in respect of any property within the bounds of a Synod,

owned by the Property Trust of that Synod or any body of

the Church, which does not comply with any

governmental regulation or requirement or is reported to

the Synod Property Officer as being in an unsafe or

dangerous condition, to do any or all of the following:

 

(i) temporarily or permanently close any building;

(ii) obtain a professional audit or report in relation to

the state of the property or any activity conducted

thereon;

(iii) ensure that work is undertaken to make safe or

obtain compliance;

(iv) require repayment by the body having oversight of

the property of any amount expended by the Synod

pursuant to this Regulation;

(v) after consultation with the body having the

oversight of the property recommend to the

Standing Committee of the Synod:

152

(1) disposal of the property where it is

impossible or impracticable to make

the property safe or to rectify the noncompliance;

(2) demolition of any building, or;

(3) future use of the property.

(b) The Standing Committee of the Synod shall have power

to determine, or to delegate to its Property Board the right

to determine, matters relating to the use or disposal of

property or demolition of any building when a

recommendation is made pursuant to Regulation

4.11.1(a).

 

INDEMNITY

 

4.11.2 (a) Any person acting under the express or implied authority

of the Church and who is not an independent contractor

shall be indemnified out of trust property against all

liability for any matter or thing done or liability incurred

except in the case of fraud, criminal act, gross negligence

or wilful misconduct.

(b) Without detracting from the generality of paragraph (a), a

member of a Church Council or other body responsible

for the management and administration of property shall

be indemnified out of trust property against liability for

any matter or thing done or liability incurred in the

performance of functions as a member thereof except in

the case of fraud, criminal act, gross negligence or willful

misconduct.

 

CUSTODY OF DEEDS

 

4.11.3 All deeds and documents of title relating to trust property shall,

unless lodged with some person or corporation as security for a

loan, be placed in the custody of such person or persons as may

be prescribed by the Synod or the Assembly as may be

appropriate.

 

UNITED WORK

 

4.11.4 A responsible body may make property available for the

purposes of united work with any other denomination or

denominations upon such terms and conditions as may be

153

approved from time to time by the Synod or the committee of the

Synod appointed by it for that purpose.

 

TO FURNISH INFORMATION

 

4.11.5 A responsible body shall furnish such information regarding

property affairs, including audited accounts, as the Presbytery or

the Synod or any body so authorised by either of them requires

from time to time.

 

REGISTER OF PROPERTIES

 

4.11.6 A Synod register of properties shall be kept in such form and by

such person as shall be prescribed by the Synod.

 

INSPECTION OF REGISTER

 

4.11.7 The register shall be kept properly posted up and shall be made

available for inspection by any member of a responsible body, or

the chairperson or secretary of a Presbytery, the Moderator or

Property Officer of the Synod, or any person authorised by any

of them.

 

RETURNS

 

4.11.8 Each responsible body shall furnish such returns to the

Presbytery and Synod as shall be prescribed by the Presbytery

and the Synod respectively.

 

NATIONAL PROPERTY POLICY

 

4.11.9 (a) Where two or more Congregations or faith communities

share, or will share, the use of a Church property that is

under the management and administration of a Church

Council of (one of) the Congregation(s), they will enter

into a culturally sensitive memorandum of understanding

(not a tenancy agreement) that shall

(i) specify usage rights of each Congregation or faith

community;

(ii) provide for an appropriate sharing of costs; and

(iii) specify the manner in which the responsibilities

listed in Regulation 4.4.1 and other relevant

Regulations of the Church will be jointly

undertaken in respect of the shared property.

(b) The memorandum of understanding will be negotiated in

consultations between the participating Congregation(s)

(through their Church Council(s)) and faith

154

community/ies and their Presbytery or Presbyteries,

taking into account the ministry and mission needs of

each participating Congregation and faith community and

any relevant policies of the Assembly and the Synod.

(c) Where there is shared use as mentioned in 4.11.9(a) or

where another Congregation or faith community requests

that it be permitted to share the use of a Church property

that is under the management and administration of a

Church Council

(i) if there is disagreement or a failure to resolve

issues between the participating Congregation(s)

and faith community/ies after the consultations

referred to in 4.11.9(b), the Presbytery may decide

the matters in issue and will promptly notify them

of its decision: and

(ii) if one or more of the Church Council(s) or faith

communities that has participated in the

consultations, shall be dissatisfied with the decision

of a Presbytery made under sub-paragraph (i), it

may appeal to the Synod Standing Committee

against the decision.

The Synod Standing Committee may appoint a body or panel to

consider the appeal and the decision of the appeal body or panel

shall if it thinks fit replace the decision of the Presbytery and be a

final decision

(d) The Presbytery

(i) may dispense with the requirement that the

responsibilities mentioned in Regulation

4.11.9(a)(iii) be jointly undertaken if it considers

that it is appropriate to do so and the dispensation

may be granted for a specified time and subject to

conditions; and

(ii) shall have authority to implement any changes to

use, management or administration of a Church

property, that it considers are necessary or

desirable to implement a memorandum of

understanding made pursuant to Regulation

4.11.9(a) or a decision made in accordance with

Regulation 4.11.9(c).

155

(e) A Synod may determine policies and processes to assist

Presbyteries, Church Councils and faith communities in

the implementation of this Regulation.

Where there is more than one Presbytery, they shall

determine the manner in which the responsibilities of the

Presbytery under this Regulation will be exercised by one

or both of them.

 

CLASSIFYING PROPERTY FOR ALTERNATIVE MISSIONAL

 

USE

 

4.11.10 (a) In this Regulation:

(i) “Alternative Missional Use” means use of property

or the income from or proceeds of sale of property

by or for

* new Congregations, faith communities or

new worship gatherings within existing

church buildings;

* future new Congregations or faith

communities, as stipulated by Synod upon

recommendation from the Presbytery;

* Congregations with inadequate property

resources;

* any Congregation which in the opinion of

the Presbytery has significant engagement

in mission;

* Synod or Presbytery approved strategic

mission initiatives; or

* such other missional priorities as the

Synod determines;

(ii) “property” means real property and includes any

building and fixed improvement and may also

include any non-fixed property used in conjunction

with the building if the non- fixed property is

specifically included in property that is available

for “Alternative Missional Use”;

(iii) “Congregational Property” means property

acquired or held for the use or benefit of the

Congregation and for which the Church Council is

responsible for management and administration.

(b) Congregational Property will be classified as available for

“Alternative Missional Use” where

156

(i) the Congregation and Church Council resolve to

make the property available for “Alternative

Missional Use”; or

(ii) (1) the Presbytery convenes a consultation with

the Congregation and its Church Council,

and the purposes of the consultation

specifically include consideration of

whether a recommendation should be made

by the Presbytery that any of the

Congregational Property should be

classified as available for ‘Alternative

Missional Use”;

(2) the Presbytery in session, after appropriate

consultation with the Congregation,

recommends that the Synod classify all or

part of a property held for the use of that

Congregation as “available for Alternative

Missional Use”; and

(3) the Synod or Synod Standing Committee in

session resolves to make the classification.

(c) In any consultation between Presbytery and a

Congregation as referred to in Regulation 4.11.9 (b)

(i) the Presbytery shall take proper account of the

purpose, functions, responsibilities and rights of the

Congregation as described in the Regulations;

(ii) the Presbytery and the Congregation have a

responsibility to listen faithfully to one another;

and

(iii) the Presbytery shall take into account any effect on

an existing placement.

(d) (i) Where the Presbytery recommends to the Synod

that the Synod classify a property as available for”

Alternative Missional Use” the Presbytery shall

provide to the Synod (and at the same time to the

Congregation) written reasons for the

recommendation.

(ii) Before resolving to classify a property as available

for “Alternative Missional Use” the Synod must

give the Congregation and its Church Council an

opportunity to make written submissions to the

Synod regarding the proposed classification.

157

(e) (i) When a property or income from or proceeds of

sale of property is classified as available for

“Alternative Missional Use” a Presbytery may

transfer responsibility for the management and

control of the property or the benefit of use or

income from the property or proceeds of sale of the

property to another body (which may be the

Presbytery itself);

(ii) Prior to transferring the responsibility or benefit,

the Presbytery shall ensure that appropriate

arrangements are made for the care of the affected

Congregation and its mission, and shall ensure that

appropriate opportunities are made for the affected

Congregation through its Church Council to make

a contribution in the process that identifies the

“Alternative Missional Use” to which the resources

for which its Church Council was previously

responsible, are put.

(f) If, notwithstanding a resolution of the Synod referred to in

Regulation 4.11.10 (b)(ii), responsibility for the

management, control or benefit or use (as the case may

be) has not been transferred to another body within three

(3) years of the Synod or the Synod Standing Committee

resolution:

(i) the classification shall cease to operate; and

(ii) responsibility for the management and control or

the benefit of use of the property shall remain with

the existing Congregation and its Church Council.

(g) (i) A Church Council may appeal against a decision

pursuant to Regulation 4.11.10 (b)(ii) to classify

property as available for “Alternative Missional

Use” on the ground that the process was not in

accordance with Regulations 4.11.10(a),(b), (c) and

(d);

(ii) The appeal shall be heard by an appeal panel

constituted under Part 6 of these Regulations.

158

 

5. CHURCH DISCIPLINE

 

5.1 DEFINITIONS

 

5.1.1 In this Part 5 of the Regulations unless the context or subject

matter otherwise indicates:

 

Complainant means the person who is making a complaint;

 

Complaint means a complaint about the conduct, teaching or

ministry of a Minister;

 

Minister means a Minister as defined in Paragraph 3 of the

Constitution, and also includes a Community Minister, Lay

Pastor, Youth Worker, Pastor, Synod Secretary, Moderator,

Assembly General Secretary, President and Presbytery Minister;

 

Pastoral Relations Committee means the Pastoral Relations

Committee of the Presbytery;

 

Respondent means a Minister against whom a complaint has

been made;

 

Standing Committee means the Standing Committee of the

Synod.

 

DISCIPLINE IN THE CHURCH

 

5.1.2 Discipline in the Church is the exercise of spiritual authority

with a view to honouring Christ the Head of the Church and

ensuring the spiritual well-being of its members.

 

BY WHOM EXERCISED

 

5.1.3 Discipline is to be exercised by the Church Council on behalf of

the Congregation in the case of members, except in the case of

allegations of sexual misconduct, and by the Presbytery and

Synod in the case of Ministers.

159

 

5.2 THE DISCIPLINE OF MEMBERS

 

PASTORAL CARE OF MEMBERS

 

5.2.1 (a) In cases where, in the opinion of the Church Council, any

member of the Church appears to disregard the privileges

and obligations of membership or to disregard the

discipline of the Church, the Council shall endeavour by

visitation and pastoral counsel to restore the relationship

of the member to the life of the Church.

(b) Any member who declines to renew a satisfactory

relationship with the life of the Church shall be advised of

the possibility that the name of that member may be

removed from the membership roll and shall be given

opportunity either in person or in writing to make a

submission on the matter to the Church Council.

 

SUSPENSION OR TERMINATION OF MEMBERSHIP

 

5.2.2 Where the Church Council has determined that the member has

failed to respond to the pastoral care and invitation to renew a

satisfactory relationship with the life of the Church, the Church

Council may:

(a) suspend the rights and privileges of membership; or

(b) remove the name of the member from the membership

roll.

The member shall be notified in writing of any such action.

 

RIGHT OF APPEAL

 

5.2.3 (a) A person whose membership rights and privileges have

been suspended, or whose name has been removed from

the membership roll, may within one month after receipt

of the notification in writing require reconsideration by

the Church Council. If not satisfied with the outcome of

such reconsideration as notified in writing, the person

may within one month after receipt of the notification,

appeal to the Presbytery by notice in writing. The

Presbytery, either itself or by a committee appointed for

the purpose, shall determine the matter.

There shall be no right of further appeal.

160

The person concerned may make a submission personally or in

writing to the body considering the matter.

(b) In the event of an appeal of a member being sustained the

member’s name shall be returned to the roll of members

and the suspension removed forthwith.

 

RESTORATlON OF MEMBERSHIP

 

5.2.4 (a) A person whose name has been removed from the roll of

a Congregation pursuant to Regulations may have it

reinstated by a decision of the Church Council.

(b) A person whose name has been removed from a

membership roll of a Congregation for disciplinary

reasons shall not be enrolled as a member of any other

Congregation without the prior knowledge of and advice

from the council which is responsible for the maintenance

of the roll from which the person’s name was removed.

 

ALLEGATIONS OF SEXUAL MISCONDUCT AGAINST

 

MEMBERS OR ADHERENTS

 

5.2.5 (a) Where a complaint of sexual misconduct is made against

a member or adherent the Policies for the Prevention of

Sexual Misconduct shall apply, to the exclusion of the

process outlined in Regulation 5.2.1.

(b) The Policies for the Prevention of Sexual Misconduct are

binding documents of the Church and require that

allegations of sexual misconduct against members and

adherents of the Church be dealt with as sensitively and

expeditiously as possible. When an allegation is made in

the manner prescribed in the relevant Policy. The

Presbytery and the Church Council shall ensure that the

relevant policy is adhered to.

 

5.3 THE DISCIPLINE OF OFFICERS

 

RESPONSlBlLlTY OF OFFICERS

 

5.3 Any person appointed to hold office within the Church shall,

unless otherwise provided, be responsible to the body making

the appointment as to the manner in which the duties of that

office are performed.

161

 

5.4 THE COUNSELLING AND DISCIPLINING

 

OF MINISTERS

 

COMPLAINTS

 

5.4.1 A complaint may be made:

(a) to the chairperson of the Presbytery:

(i) by any member of the Church, provided that in the

case of a complaint regarding the chairperson of

the Presbytery (being a Minister) it shall be made

to the secretary of the Presbytery who shall refer

the complaint to the Synod Committee for

Counselling and report the referral to the Pastoral

Relations Committee; or

(ii) by the secretary of a Presbytery when so directed

by the Presbytery; or

(b) to the Synod Committee for Counselling by the Secretary

of the Synod if so directed by the Moderator, the Synod

or its Standing Committee.

 

RESPONSIBILITIES OF THE PRESBYTERY

 

5.4.2 Subject to these Regulations, the counselling and discipline of

Ministers shall be the responsibility of the Presbytery and in the

exercise of such responsibility it shall:

(a) help them to discern and fulfil their vocations;

(b) assist them in the nurturing of their gifts;

(c) provide encouragement and counsel for the enrichment of

their ministry;

(d) advise, admonish, correct and assist them where they

appear to require guidance and support;

(e) assist and encourage observance of the Code of Ethics;

(f) advise and discipline Ministers in relation to breaches of

the Code of Ethics; and

162

(g) deal with complaints made against them.

 

RESPONSIBILITIES OF PASTORAL RELATIONS COMMITTEE

 

5.4.3 (a) The Pastoral Relations Committee shall, at such intervals

as the Presbytery may determine, counsel each Minister

under its oversight.

(b) If the Pastoral Relations Committee be concerned that a

Minister does not continue to hold to the affirmations and

undertakings made at ordination or setting apart, it shall

report to the Presbytery, which may take such further

action by way of counselling or otherwise as it thinks fit.

(c) The chairperson of the Presbytery shall refer to the

Pastoral Relations Committee any complaint

(i) with which the chairperson is unable to deal with

adequately by counselling; or

(ii) which in the chairperson’s opinion, warrants no

further action.

(d) The Pastoral Relations Committee shall:

(i) confer with the respondent and with the

complainant with a view to resolving the matter

amicably;

(ii) if it thinks fit enquire into the complaint; and

(iii) report to the Presbytery.

(e) At any stage after a complaint is referred to it, the

Pastoral Relations Committee may determine that the

complaint warrants no further action.

(f) When requested by the respondent or by the complainant

or where it considers it is necessary to do so, the Pastoral

Relations Committee shall refer the complaint to the

Synod Committee for Counselling.

 

5.5 SYNOD COMMITTEE FOR

 

COUNSELLING

 

163

 

5.5 (a) The Synod shall appoint a committee to be known as the

Committee for Counselling and shall appoint its

chairperson.

(b) The Moderator and the Secretary of the Synod shall not

be eligible for membership of the Committee.

(c) Members of the Committee shall hold office for a term of

three years and shall be eligible for reappointment.

(d) A Synod may appoint members of the Church who are

members of a Congregation beyond the bounds of the

Synod as members of its Committee for Counselling.

(e) The chairperson or the chairperson’s nominee shall chair

the Committee and convene its meetings.

(f) Three members of the Committee shall constitute a

quorum. The members of the Committee who shall

constitute the Committee for the purposes of dealing with

a particular complaint shall be determined by the

chairperson.

(g) (i) Where at any stage a member of the Committee,

who is one of the Committee dealing with a

complaint, withdraws, the remaining members of

the Committee may continue to act, so long as at

least three members are present and participating.

(ii) A person shall be taken to have withdrawn for the

purposes of this Regulation, if that person, for any

reason, be unwilling or unable to continue to

participate.

(iii) Where the term of office of a member of the

Committee expires and is not renewed, such

member may, notwithstanding that membership of

the Committee has ceased, continue to act as a

member of the Committee dealing with a particular

complaint with which the Committee had been

dealing prior to that cessation but which had not

been finalised prior thereto.

(h) In dealing with any complaint referred or made to it the

Committee shall counsel and confer with the Respondent,

164

the Complainant and such other persons as it considers

desirable with a view to resolving the matter amicably,

and make reports to the Synod, the Presbytery and other

bodies as it thinks appropriate.

(i) At any stage after a complaint is referred to it, the

Committee may determine that the complaint warrants

no further action.

(j) If the Committee be satisfied that the matter cannot be

dealt with adequately by counselling and that the

complaint warrants further action it shall refer the matter

to the Committee for Discipline.

 

5.6 SYNOD SEXUAL MISCONDUCT

 

COMPLAINTS COMMITTEE

 

INTRODUCTION

 

5.6.1 The Church addresses allegations of sexual misconduct through

two distinct processes.

The first process is undertaken by Sexual Misconduct Complaints

Committee (SSMCC). It engages with the Complainant, the person

against whom the complaint is made and, where necessary,

affected persons and Church officers, by investigating the

complaint and seeking an agreed outcome that encourages healing

and maintains the integrity of ministry within the Church. Where

possible, the SSMCC acts pastorally. The SSMCC is able to form

opinions on issues of fact for the purpose of deciding on action

which the Regulations authorise it to take. Its tools include

conversation, inquiry, mediation and collaborative resolution.

Legal representation is not permitted before the SSMCC.

The second process is undertaken by the Committee for Discipline.

The SSMCC may refer a complaint to the Committee for

Discipline. The process undertaken by the Committee for

Discipline is similar to the process a court undertakes. The person

against whom the complaint is made may be represented by a

lawyer or by a member of the Church before the Committee for

Discipline. The Committee for Discipline makes findings of fact

165

and may determine disciplinary outcomes affecting the person

against whom the complaint is made.

 

DEFINITIONS

 

5.6.2 In Regulations 5.6.1 to 5.6.18, unless the context or subject

matter otherwise indicates or requires:

 

Adviser means the person designated by the Convenor, to assist

the Complainant in processing a complaint or the Respondent in

facing a complaint through Church procedures;

 

Agreed Outcome is the document signed by the chairperson of

the panel selected to deal with the complaint, the Complainant

and the Respondent and any other affected person who joins in

the agreement at the invitation of the Committee and which

includes the actions undertaken or agreed to be undertaken by

the parties to the document;

 

Chairperson means the chairperson of the Committee and

whenever the Chairperson is unavailable, includes the Deputy

Chairperson or other person acting as Chairperson;

 

Committee means the Synod Sexual Misconduct Complaints

Committee appointed by the Synod pursuant to Regulation

5.6.4;

 

Complaint means a written, signed complaint of sexual

misconduct against a Minister which includes a request that the

matter be investigated. The complaint may be of a single

incident or a series of incidents.

 

Convenor means the person appointed to be the Synod

Convenor of Advisers;

 

Minister means a Minister (as that term is defined in Regulation

5.1.1) or Candidate (as that term is defined in Regulation 2.1.1)

involved in field education;

 

Pastoral Relationship means the relationship between a

Minister and another person:

(a) in which the Minister is providing spiritual care for the

person; or

166

(b) where the person has looked to the Minister for guidance,

protection or care; or

(c) where the person has made contact with the Minister in

their responsibility or function as Minister;

 

Pastoral Strategy means the plan for the management of the

complaints process, including the care for the Congregation or

faith community and how matters of confidentiality shall be

addressed;

 

Presbytery Minister means the Presbytery Minister in

placement and includes any other person appointed to act in

such capacity by whatever name known;

 

Procedural Fairness refers to the matters set out in Regulation

5.6.11(a);

 

Sexual misconduct means one or more of the following:

(a) sexual harassment: any unwelcome sexual advance, or

unwelcome request for sexual favours to a person, or

engagement in other unwelcome conduct of a sexual

nature in relation to that person, in circumstances in

which a reasonable person, having regard to all the

circumstances, would have anticipated the person

complaining would be offended, humiliated or

intimidated;

(b) sexual assault: any unwelcome sexual behaviour that may

occur along a continuum from verbal insult to sexual

intercourse, that makes a person threatened or afraid;

(c) sexual conduct prohibited by criminal law;

(d) sexualisation of a pastoral relationship: any interaction,

consensual or otherwise, in which the Minister engages in

sexualised behaviour with or towards a person with

whom he or she is in a pastoral relationship, which is in

breach of the Code of Ethics.;

167

 

Support person means the person not otherwise involved in the

complaint process who provides emotional support for either the

Complainant or the Respondent;

 

Synod means the Synod of the Church, within the bounds of

which the Presbytery, in which the Minister is enrolled, falls.

 

COMPLAINTS OF SEXUAL MISCONDUCT

 

5.6.3 (a) Where a complaint of sexual misconduct is made against

a Minister the procedures in Regulations 5.6.3 to 5.6.18

inclusive shall apply to the exclusion of the procedures

contained in Regulations 5.4.1 to 5.5.1 inclusive.

(b) The Chairperson shall determine whether any allegations

contained in a complaint amount to a complaint of sexual

misconduct against a Minister.

(c) When a complaint which is determined by the

Chairperson to be a complaint of sexual misconduct

includes other matters of complaint of a non sexual

nature, the Chairperson may determine that the whole

complaint shall be dealt with by the Committee.

 

COMMlTTEE

 

5.6.4 (a) The Standing Committee shall appoint a Committee to be

known as the Synod Sexual Misconduct Complaints

Committee and shall appoint its Chairperson. The

Standing Committee may also appoint a Deputy

Chairperson. Appointments shall be for a term of up to

three years.

Other persons may be co-opted to membership of the

Committee from time to time by the Chairperson with the

prior consent of the Synod Secretary where particular

skills or experience are required ( for example,

experience in indigenous or migrant ethnic issues). They

may be co-opted for a specific period not exceeding three

(3) years or for the purpose of serving on a panel to deal

with a particular complaint.

(b) A Synod may delegate these appointments to another

Synod by written agreements between the Synods.

168

(c) The Committee shall consist of not fewer than three

persons and shall include:

(i) at least one member with expertise in sexual abuse

issues;

(ii) at least one member who is considered skilled in

mediation and conciliation.

(d) Not less than 25 percent of the members of the

Committee shall be Ministers, and not less than 25

percent shall be lay persons.

(e) The members of the Committee need not be members of

the Church but the number of non-Church members must

be fewer than the number of members of the Church.

(f) The majority of the Committee shall be women.

(g) The Chairperson shall be a member of the Church and

shall preferably be a woman.

(h) If a Deputy Chairperson is appointed, the Deputy

Chairperson shall fulfil the responsibilities of the

Chairperson when the Chairperson is unavailable, unable

or unwilling to act.

(i) The quorum of a panel selected by the Chairperson from

amongst the members of the Committee to deal with a

particular complaint shall, subject to paragraph (j) of this

Regulation, be three, of whom the majority shall be

members of the Church and normally the majority shall

be women.

(j) Where any member withdraws the remaining members of

the panel may continue to act provided that the number of

remaining members is not less than two (2).

(k) Unless the Standing Committee considers that there are

special circumstances no member shall serve for more

than nine years consecutively.

169

(l) Neither the Moderator, the Synod Secretary nor any

member of the Committee for Discipline shall be a

member of the Committee.

(m) The Chairperson or the Chairperson’s nominee shall chair

the panel selected to deal with a complaint and convene

its meetings.

(n) The Synod shall arrange training for the members of the

Committee.

(o) Members of the Committee may be drawn from any Synod

provided written agreement has been reached between the

Synods.

(p) A panel selected to deal with a complaint shall be, and

have the powers of, the Committee for the purpose of

dealing with that complaint, and may agree to deal jointly

with more than one complaint against the same

Respondent including a separate complaint made

pursuant to Regulation 5.6.10 (e) (iii) or a composite

complaint made pursuant to Regulation 5.6.10 (e) (iii) in

such manner as it shall decide.

 

ADVISERS

 

5.6.5 (a) The Standing Committee shall appoint advisers. In cases

of urgency the Synod Secretary, on the advice of the

Convenor, may appoint advisers. The Synod shall arrange

training for the advisers.

(b) To be eligible for appointment an adviser shall have

appropriate skills and/or knowledge such as:

(i) counselling and support skills;

(ii) advocacy skills;

(iii) knowledge of sexual misconduct issues;

(iv) knowledge of the processes and structures of the

Church;

(v) knowledge of the options available to

Complainants including legal and community

resources.

(c) Preferably at least one adviser shall have expertise in the

area of child sexual abuse and at least one contact person

170

or adviser shall have expertise in working with male

victims.

(d) The Convenor may designate an adviser to provide

assistance to a person concerned about conduct which

may amount to sexual misconduct before a complaint has

been made.

(e) An adviser, depending upon the assistance required, will

seek to:

(i) listen to the person who is concerned about

conduct which may amount to sexual misconduct;

(ii) discuss with that person whether the conduct

complained of would, if substantiated, appear to be

sexual misconduct as defined in these Regulations;

(iii) inform the person of their rights and

responsibilities;

(iv) provide information about the Church’s complaints

and disciplinary processes and other options

available to the person;

(v) help the person to consider and choose the

appropriate option for dealing with the conduct;

and

(vi) assist a person to make a complaint.

(f) An adviser shall not be responsible for investigating or

seeking to resolve a complaint.

(g) An adviser who is designated to a Complainant or a

Respondent, will seek to:

(i) assist the Complainant in processing a complaint

or the Respondent in facing a complaint through

Church procedures;

(ii) ensure that the Complainant or Respondent is

adequately informed at all stages of the progress of

the complaint; and

(iii) be available, if the Complainant or Respondent so

wishes, to speak at any meeting regarding the

complaint that the Complainant or Respondent is

required to attend.

(h) The Standing Committee may withdraw the appointment

of any adviser.

171

 

CONVENOR OF ADVISERS

 

5.6.6 (a) The Synod shall appoint the Convenor.

(b) When a complaint is made, the Convenor shall offer to

designate an adviser to each of the Complainant and the

Respondent. The designation shall be made if the

Complainant or Respondent concurs with the designation.

(c) If the Convenor deems it appropriate or if requested, the

Convenor shall endeavour to designate an adviser to any

other person affected by the alleged misconduct.

 

MAKING A COMPLAINT

 

5.6.7 (a) Anyone who wishes to make a complaint may do so to

the chairperson of the Presbytery, the Presbytery

Minister, the Moderator, the Synod Secretary, or the

Chairperson of the Committee.

(b) A complaint must be put in writing and signed and

include a request that the matter be investigated.

(c) A complaint shall be referred to the Chairperson as soon

as possible.

(d) Nothing in these Regulations shall prevent a person from

making an informal approach, orally or in writing, to any

of the persons referred to in (a) for advice or information

with respect to sexual misconduct. Such an approach

cannot become a complaint unless it is put in writing with

a request that the complaint be investigated.

(e) Where a complaint relates to a Respondent’s prior service

within the bounds of another Synod the complaint shall

be dealt with within the Synod in which the Respondent

is currently serving, except where:

(i) the Complainant and Respondent agree that it be

dealt with within the other Synod, or

(ii) the Synod in which the Respondent is currently

serving determines to transfer to the other Synod

all its powers and responsibilities in relation to

discipline of the Respondent concerning the

Respondent’s period of service in the other Synod

172

(refer Constitution paragraph 70(d)), in which case

the other Synod shall deal with the complaint.

 

RECEIVING A COMPLAINT

 

5.6.8 (a) As soon as possible after receiving the complaint, the

Chairperson shall inform the Respondent of the

complaint; initially in person or by telephone, followed

by a letter giving details of the complaint.

(b) The Chairperson shall give prompt confidential notice of

the complaint together with relevant information to the

Synod Secretary, the Moderator, the chairperson of the

Presbytery of the Respondent, the Convenor and where

appropriate the chairperson of the Presbytery of the

Complainant.

(c) Upon receipt of notice, the Presbytery Chairperson(s) (of

both the Complainant and Respondent if necessary), in

consultation with the Chairperson of the Committee and

others as appropriate will arrange for the development of

a Pastoral Strategy to assist in managing pastoral issues in

relation to the Congregation or faith community.

 

ATTENDANCE AT MEETINGS

 

5.6.9 (a) Each of the Complainant and the Respondent, attending

any meeting of or arranged by the Committee, may be

accompanied by their adviser and by a person providing

emotional support.

(b) The person providing emotional support shall not have the

right to speak at any meeting unless at the request or with

the consent of the person supported, and invited to do so

by the chairperson of the panel of the Committee that is

dealing with the complaint.

(c) The Complainant and the Respondent shall not be legally

represented before the Committee.

 

INVESTIGATION AND RESPONSE TO COMPLAINTS

 

5.6.10 (a) Where the Chairperson determines that allegations

contained in a complaint amount to a complaint of sexual

misconduct against a Minister, the complaint shall be

investigated and dealt with by the Committee with a view

173

to facilitating a response that takes into account the

interests of the Complainant and the Respondent, and the

values by which the Church lives. To that end the

Chairperson may appoint a person or persons to

investigate matters connected with the complaint and

report to the Committee.

(b) In exercising its responsibilities under these Regulations,

the Committee shall have regard to the following

guidelines:-

(i) it shall endeavour to act pastorally in its dealings

with the Complainant, the Respondent and other

affected persons;

(ii) it shall seek an Agreed Outcome that encourages

healing and maintains the integrity of ministry of

the Church;

(iii) it shall make use of the tools of conversation,

enquiry, mediation and collaborative resolution

in seeking an Agreed Outcome; and

(iv) it shall not act as an adjudicative body but shall

only form opinions on issues of fact when

necessary for the purpose of deciding on action

to be taken pursuant to paragraph (e) of this

Regulation.

(c) The nature of the investigation shall be by inquiry and not

be adversarial and the Committee may inform itself in

such manner as it sees fit. The investigation may proceed

without both parties being present as the Committee sees

fit.

(d) The Committee shall inform the Complainant, the

Respondent and any potential witness that their

statements may be recorded and may form part of an

investigation report which may accompany a referral to

the Synod Committee for Discipline.

(e) At any stage of its investigation the Committee may:

(i) determine that the complaint warrants no further

action on the ground that it is frivolous, vexatious,

misconceived or unable to be substantiated;

(ii) consider allegations of, or information regarding,

other conduct of the Respondent of which the

174

Committee becomes aware and which it considers

should be dealt with in conjunction with the

complaint;

(iii) recommend to the Chairperson or to the Standing

Committee that action be taken to cause a separate

complaint to be made in respect of allegations or

on the basis of information of which the

Committee has become aware, or to cause a

composite complaint to be made including the

allegations which were made in the initial

complaint and additional allegations or

information from other persons or complainants;

(iv) refer the complaint or a matter which has arisen

from or during the Committee’s process for

conciliation or mediation;

(v) refer the complaint or a matter which has arisen

from or during the Committee’s process to the

Synod Committee for Discipline to be dealt with as

a complaint under Regulation 5.7.2;

(vi) refer a matter arising out of the complaint or

which has arisen from or during the Committee’s

process to the Pastoral Relations Committee or the

Moderator; the referral may contain

recommendations by the Committee concerning

counselling, professional supervision, training or

other appropriate responses arising out of the

complaint and investigation; and may require

reporting back to the Committee for further

consideration and action by the Committee; and.

enter into an Agreed Outcome.

(f) An Agreed Outcome:

(i) shall be entered into as a result of negotiations or

following a mediation or conciliation;

(ii) shall bind the parties to it;

(iii) may include, but is not limited to, undertakings by

the Respondent to:

 accept the validity of the complaint, and

apologise;

 provide financial restitution;

 undergo therapeutic or pastoral counselling;

 accept supervision; and

 participate in courses of training; and

175

(iv) shall not preclude the Committee from referring the

complaint to the Synod Committee for Discipline

under paragraph (e) (v) of this Regulation.

(g) Where the Committee determines to refer the complaint

or a matter which has arisen from or during the

Committee process for conciliation or mediation, the

Committee shall provide the report of its investigation,

including any relevant documents, to the conciliator or

mediator.

(h) Where any of the terms of an Agreed Outcome are not

fulfilled, the Committee shall determine what further

action shall be taken including possible referral to the

Committee for Discipline to be dealt with as a complaint

under Regulation 5.7.2(b) or referral to another council of

the Church.

(i) Where the Committee makes a referral to the Synod

Committee for Discipline, the Committee shall provide a

report of its investigation, including any relevant

document received or created in the course of the

investigation, including but not limited to a signed

statement from any witness, to the Synod Committee for

Discipline.

(j) A copy of any Agreed Outcome and any other decisions

will be provided to the Complainant and the Respondent.

 

PROCEDURAL FAIRNESS

 

5.6.11 (a) The Committee will ensure that:

(i) the Respondent is given sufficient information

regarding the complaint to know what is being

alleged;

(ii) the Respondent is given the opportunity and

sufficient time to prepare and present a response;

(iii) no person who is closely associated with the

Complainant or Respondent shall participate as a

member of the Committee in relation to that

complaint.

(b) Nothing which is said in the course of discussions with

any person appointed to conciliate with any party, shall

176

be given in evidence or used in any way in any

proceedings before the Synod Committee for Discipline,

or before any court or other tribunal whatsoever, except

to the extent compellable by law.

(c) The record of an Agreed Outcome shall be part of the

Committee’s records and may be given in evidence or

used in any proceedings before the Synod Committee for

Discipline.

 

RESIGNATION

 

5.6.12 (a) A Respondent, whose placement has been concluded,

shall normally remain under the pastoral and

administrative oversight of the Presbytery in which the

Respondent was enrolled at the time of the complaint and,

subject to these Regulations, that Presbytery shall be

responsible for the counselling and discipline of the

Respondent with reference to the complaint and for the

processing thereof.

(a) A Presbytery shall not accept the resignation from the

ministry by a Respondent before the conclusion of all

processes relating to a complaint under Regulations

5.5.1ff and, in the case of a complaint referred under

Regulation 5.6.5(e)(v), the conclusion of all processes

relating to the complaint under Regulations 5.7.1ff, unless

the Presbytery determines that there are special

circumstances which are approved by the Chairperson.

(c) A complaint may continue to be processed under these

Regulations, notwithstanding the conclusion or

termination of the placement, the resignation of a

Respondent from the ministry, the retirement of the

Respondent or the granting to the Respondent of leave of

absence.

 

THERAPY EXPENSES

 

5.6.13 (a) The Committee may at any time where it feels it is

appropriate, recommend to the Moderator and the Synod

Secretary that the Synod meet the expenses of therapy for

the Complainant and/or the Respondent which relate to

the circumstances of the complaint.

177

(b) Such expenses shall be met from Synod funds.

 

CONFIDENTIALITY AND PRIVACY

 

5.6.14 (a) Subject to these Regulations confidentiality shall be

observed by all parties.

(b) Proceedings before the Committee shall be held in private

but the Committee may permit such persons as it thinks

fit to attend meetings of the Committee.

(c) Unless otherwise authorised by the Chairperson or

otherwise determined by the Committee no member of

the Committee or any person attending a meeting thereof

shall divulge outside the Committee any information

concerning the complaint or the proceedings.

(d) The Committee may make reports to such persons as it

thinks fit, at any time, but shall consider carefully

whether it is at that time appropriate in all the

circumstances and in the best interests of the Church.

(e) The Chairperson may make such public statement

concerning the proceedings as the Committee considers

appropriate.

(f) Appropriate information may, with the approval of the

Chairperson, be made available to a Congregation

regarding the handling of any complaint.

(g) A breach of confidentiality by the Respondent may be

referred to the Committee for Discipline under

Regulation 5.7.2 (b).

(h) A breach of confidentiality by the Complainant may be

taken into account by the Committee in its resolution of

the Complaint.

 

APPEAL

 

5.6.15 (a) The Complainant or the Respondent may lodge an appeal:

(i) against a determination by the Chairperson made

pursuant to Regulation 5.6.10(a);

178

(ii) against a determination by the Committee made

pursuant to Regulation 5.6.10(e)(i); or

(iii) on the grounds that the Committee has acted

contrary to procedural fairness.

(b) An appeal against a decision made pursuant to

Regulations 5.6.10(a) or 5.6.10(e)(i) shall be lodged

within 14 days of receipt of the communication of the

decision. An appeal on the grounds of a breach of

procedural fairness may be lodged at any time but no later

than 14 days after the signing of an Agreed Outcome or

the receipt of communication of a decision of the

Committee under Regulation 5.6.10.(e)(v) or (vi).

(c) The appeal shall be made to the Moderator who shall

appoint an appeal committee of three persons to consider

it. At least one member of the appeal committee shall

have legal expertise. In the event of an appeal against a

decision made pursuant to Regulation 5.6.10(a) the

appeal committee shall either dismiss the appeal or

uphold the appeal and substitute its own decision for that

of the Chairperson. In the event of an appeal against a

decision made pursuant to Regulation 5.6.10(e)(i) or on

the grounds of a breach of procedural fairness the appeal

committee shall either dismiss the appeal or if it upholds

the appeal remit the complaint to the Committee for its

reconsideration. The appeal committee may make a

recommendation to the Chairperson whether the panel

that dealt with the complaint or a new panel should

undertake the reconsideration.

(d) Upon receipt of an appeal the Moderator shall inform the

committees, councils and individuals involved of the

pending appeal.

(e) Appeals will be dealt with expeditiously.

(f) Legal representation before the Appeal Committee is

permitted only by leave of the Appeal Committee.

 

LEGAL PROCEEDINGS

 

5.6.16 (a) If criminal legal proceedings relating to the alleged sexual

misconduct are commenced against the Respondent no

further action regarding the Complaint shall be taken by

179

the Committee until such time as any criminal legal

proceedings are concluded.

(b) If civil proceedings relating to the alleged sexual

misconduct are commenced against the Respondent, the

Committee may defer dealing with the complaint.

 

PUTATIVE ABUSE

 

5.6.17 (a) Where the Moderator, the Synod Secretary, the

chairperson of a Presbytery or the Chairperson receives

information which provides reasonable grounds for

believing that there has been sexual misconduct by a

Minister but no complaint has been made, that person

shall seek to take whatever steps are reasonable to clarify

the matter.

(b) If, thereafter, that person considers that there are

reasonable grounds for believing that sexual misconduct

has occurred, that person shall seek to ensure that a

complaint is made.

(c) If that person considers there are no reasonable grounds

for such a belief, that person shall, after consultation with

the Minister, seek to ensure that the Minister’s name is

cleared.

 

NEW PLACEMENT

 

5.6.18 Except in special circumstances approved by the Chairperson a

new placement of a Respondent shall not be made nor shall a

call to a Respondent be sustained, while the complaint has not

been resolved or determined.

 

5.7 SYNOD COMMITTEE FOR DISCIPLINE

 

APPOINTMENT

 

5.7.1 (a) The Synod shall at least once every three years appoint a

committee to be known as the Committee for Discipline.

(b) The Committee shall consist of not less than seven

persons appointed by the Synod.

180

(c) Not less than two members of the Committee shall be

Ministers and not less than two shall be lay persons.

(d) The Committee shall elect its own chairperson and the

Standing Committee shall appoint a person (not being a

member of either the Committee for Counselling or the

Synod Sexual Misconduct Complaints Committee) to

convene the Committee and act as the secretary thereof.

(e) The chairperson of the Committee shall be entitled to

exercise a deliberative but not a casting vote.

(f) The Moderator, Synod Secretary and any person who is a

member of the Committee for Counselling or the Synod

Sexual Misconduct Complaints Committee shall not be a

member of the Committee for Discipline.

(g) A Synod may appoint members of the Church who are

members of a Congregation beyond the bounds of the

Synod as members of the Committee for Discipline.

(h) Any casual vacancy on the Committee shall be filled by a

person appointed by the Standing Committee or, where

time does not permit, by the Moderator.

 

COMPLAINTS

 

5.7.2 The Committee shall consider any complaint to the effect that a

Minister has:

(a) wilfully and persistently neglected the duties of a

Minister;

(b) wilfully failed to comply with any provision of the

Constitution, of any Regulation, rule or resolution of the

Church or any body of the Church, or any terms of a

conciliated outcome or Agreed Outcome under

Regulation 5.6.10, or any lawful direction of the

Moderator made pursuant to Regulation 3.6.3.2(i);

(c) advocated doctrine contrary to that which the Church has

determined essential to the faith;

(d) engaged in grave conduct unworthy of a Minister; or

181

(e) wilfully failed to comply with the principles contained in

any Code of Ethics approved by the Assembly or the

Assembly Standing Committee;

which has been:

(i) referred to it by the Committee for Counselling or

the Synod Sexual Misconduct Complaints

Committee; or

(ii) made to it by a member of the Church at the

direction of the Standing Committee.

No other complaint shall be considered by the Committee.

 

MEETINGS

 

5.7.3 (a) A quorum of the Committee shall be three members

present during the whole of the proceedings.

(b) Where at any stage after the hearing of the proceedings

before the Committee have actually commenced and

before the Committee’s report on the proceedings has

been presented to the Standing Committee, a member of

the Committee, engaged in considering the complaint,

withdraws from the proceedings for any reason, the

remaining members of the Committee may continue to

act, so long as at least three members are present and

participating. Unless the Respondent agrees, there must be

at least one member of the Committee hearing the matter

who is a Minister and at least one who is a lay person.

(c) A person shall be taken to have withdrawn for the

purposes of this Regulation, if that person, for any reason,

be unwilling or unable to continue to participate.

(d) Where the term of office of a member of the Committee

expires and is not renewed, such member may,

notwithstanding that membership of the Committee has

ceased, continue to act as a member in any proceedings in

which the member is participating and which had been

commenced but not finalised before that cessation.

(e) The members of the Committee who shall constitute the

Committee for the purposes of dealing with a particular

182

complaint shall be determined by the chairperson of the

Committee.

 

PROCESS

 

5.7.4 (a) The Moderator shall for the purposes of a proceeding

before the Committee appoint a person as advocate who

shall be responsible for the presentation of the case in

support of the complaint and the Moderator may from

time to time appoint a substitute as required.

(b) The complaint with which the Committee is required to

deal shall be particularised by the advocate in writing to

the secretary of the Committee who shall forthwith

deliver a copy to the chairperson of the Committee, the

Respondent, the Moderator, the Synod Secretary and the

chairperson of the Presbytery which has oversight of the

Respondent.

(c) The chairperson of the Committee may require the

advocate to furnish fuller particulars of the complaint.

(d) Prior to the proceedings before the Committee, the

Standing Committee (or, in cases of urgency, the

Moderator) shall appoint or engage a legal assistant to the

Committee for the purpose of the proceedings.

(e) The legal assistant shall be a member of the Church and

desirably a practising barrister or solicitor.

(f) The legal assistant shall attend the proceedings and

provide the Committee with such advice on procedure and

other legal matters as the Committee at any time desires.

(g) The Committee shall act in accordance with the rules of

natural justice and as expeditiously as possible. In its

procedure and its decisions it shall be governed by equity

and good conscience and it may inform itself in such

manner, as it thinks fit in the circumstances.

(h) The Committee may receive into evidence any report of

the investigation of the Synod Sexual Misconduct

Complaints Committee provided that a copy of the report

has been made available to the Respondent, the person

183

who made the complaint to the Synod Sexual Misconduct

Complaints Committee and the advocate.

(i) The Committee shall hear the advocate and the

Respondent and shall consider such material as they desire

to present so long as the Committee considers it to be

relevant. The Committee may give such weight as it

thinks appropriate to the contents of any report received

into evidence pursuant to (h). It shall permit the advocate

and the Respondent to call such persons to testify before it

on such matters as are appropriate. Such persons may be

cross examined by the other party but unless leave has

been given by the Committee such cross-examination

shall only be for the purpose of clarifying or amplifying

the testimony or of testing the recollection of the person

with regard to the facts concerning which testimony has

been given.

(j) The advocate and the Respondent may appear personally

before the Committee or be represented legally or by

another member of the Church. If the Respondent does not

appear the Committee may proceed in the absence of the

Respondent.

(k) The proceedings before the Committee shall be recorded

either manually or mechanically.

(l) (i) The Committee may determine that the record of

evidence shall be transcribed.

(ii) If the Committee so determines, the transcript shall

be made available for examination by the advocate

and by the Respondent (or by their representatives)

and either may obtain a copy upon payment of the

charge therefore.

(iii) If the Committee determines that the record shall

not be transcribed, either the advocate or the

Respondent may require a transcript to be made

and provided on payment of the transcript cost.

(m) Proceedings before the Committee shall be held in private

and, unless otherwise determined by it, no member of the

Committee nor any other person who has been involved in

the proceedings shall divulge any information concerning

184

the proceedings to any person except to the extent

compellable by law.

(n) The Committee may at any time refer all or any of those

concerned for counselling in such manner as it thinks fit.

(o) The Committee shall consider the substantial merits of the

case and shall record such findings of fact and other

conclusions as it thinks necessary in the circumstances

and decide whether or not the complaint has been made

out.

(p) The complaint shall only be held to be made out if the

majority of the members of the Committee who dealt with

the matter be so satisfied on the balance of probabilities.

(q) As soon as practicable after the conclusion of the

proceedings the Committee shall notify the advocate, the

Complainant and the Respondent whether it has dismissed

the complaint or found it made out and shall supply each

of them with a copy of its findings of fact and other

conclusions.

(r) Where the Committee finds the complaint made out it

shall, after giving the Respondent and if it thinks fit the

advocate an opportunity to be heard on the question of any

disciplinary action to be taken, determine:

(i) that no action be taken;

(ii) that the Respondent be admonished;

(iii) that the Respondent be suspended from placement

or candidature for such period and on such

conditions as it specifies;

(iv) that the Respondent’s placement or candidature be

terminated;

(v) that the Respondent be suspended from the

exercise of all or any of the functions of a Minister

for such period and on such conditions as it

determines;

(vi) that the recognition of the Respondent as a Minister

be withdrawn.

(s) The Committee, whether it has dismissed the complaint or

has found it made out, may determine:

185

(i) to make written comment on any aspect of the

proceedings in a report to the Standing Committee

and/or the Presbytery exercising oversight of the

Minister;

(ii) that the Respondent be required to undergo

therapeutic or pastoral counselling;

(iii) that the Respondent be subject to supervision;

(iv) that the Respondent participate in courses of

training;

(v) that the Respondent pay financial restitution;

(vi) that the Respondent be stood aside from the

exercise of all or any functions of a Minister on

such conditions as it determines.

(t) The secretary of the Committee shall present to the

Standing Committee a report of the proceedings.

(u) The report shall contain the complaint, the findings and

decisions of the Committee, including the action taken

under (r) and under (s). The report shall include such other

material as the Committee considers appropriate.

(v) The Secretary of the Synod shall send a copy of the report

to the Moderator, the Complainant, the advocate, the

Respondent and the chairperson of the Presbytery which

has oversight of the Respondent.

(w) After consulting the chairperson or secretary of the

Committee for Discipline, the Complainant, and the

chairperson of the Presbytery which has oversight of the

Respondent, the Moderator (or the Secretary of the Synod

on the Moderator’s behalf) may make such public

statement concerning the proceedings as the Moderator

considers appropriate.

(x) The Moderator and the chairperson of Presbytery may

make a statement to a congregation and/or to relevant

bodies about proceedings where appropriate, and shall

ensure appropriate pastoral support for such

Congregations and/or bodies.

(y) The Standing Committee shall take such action as is

necessary to implement the decision of the Committee for

186

Discipline and shall advise the Respondent and the

Presbytery.

(z) The expenses properly incurred by the advocate shall be

paid by the Church. The Committee may certify that it is

reasonable in the circumstances that the expenses of the

Respondent be paid in whole, or in part, or to a specified

amount, by the Church. The Standing Committee shall

determine the funds from which such expenses shall be

paid.

 

STANDING ASIDE OF A MINISTER

 

5.7.5 (a) The Moderator, in the exercise of the duties and

responsibilities of the Moderator under Regulation

3.6.3.2(i) may, at any time following the making of a

complaint and upon such terms as the Moderator sees fit,

stand aside a Respondent from the performance of

ministerial duties pending the conclusion of all process

relating to the complaint under Part 5 of the Regulations if

such action be considered necessary for the well-being of

the Church. The Moderator may inform such people of

this action as the Moderator considers necessary in all the

circumstances. The Moderator may terminate the standing

aside at any time.

(b) Such standing aside shall not deprive the Respondent of

stipend, allowances and the use of any residence occupied

by the Respondent, who shall properly assist any person

responsible for the carrying on in the meantime of the

duties attaching to the Respondent’s placement.

 

WITHDRAWAL OF RECOGNITION OF A MINISTER

 

5.7.6 (a) If the recognition of the Respondent is withdrawn the

stipend and other allowances of the Respondent shall

continue to accrue for 30 days after the meeting of the

Standing Committee at which the report under Regulation

5.7.4(t) is presented, and any housing then occupied by

the Respondent shall be vacated as soon as possible but in

any case within such 30 days.

 

(b) Payments made from other funds of the Church shall be

determined in accordance with the Regulations governing

such funds but any period during which a Respondent is

187

stood aside pursuant to Regulation 5.7.5(a) shall not be

included in the determination of the length of ministerial

service.

 

APPEAL FROM THE COMMITTEE FOR DISCIPLINE

 

5.7.7 The advocate, complainant or respondent may appeal from the

decision of the Committee for Discipline to the Synod which

shall refer the matter to the Convenor of the Standing Appeal

Panel to be dealt with under Part 6 of these Regulations.

 

STAY OF PROCEEDINGS

 

5.7.8 Where the Standing Committee has referred an appeal in

accordance with Regulation 5.7.7, the Standing Committee may

determine that the operation of any decisions made or actions

taken pursuant to Regulations 5.7.4(r) or (s) be suspended on

such conditions as it thinks fit until the appeal is determined.

188

 

6. APPEALS

 

The provisions of this Part 6 only apply to rights of appeal specifically

granted elsewhere in these regulations where reference is made to this Part 6

or a Regulation within Part 6. Part 6 does not provide any rights of appeal

independently of specific references elsewhere in these Regulations.

 

APPEAL PANEL

 

6.1 (a) The Synod shall appoint a panel of persons to be known

as the Synod Standing Appeal Panel and shall appoint its

convenor (“the Convenor”). Appointments shall be for a

term of 3 years, unless the Synod determines otherwise.

(b) A Synod may delegate these appointments to another

Synod by written agreements between the Synods

involved.

(c) The Synod Standing Appeal Panel shall normally consist

of 5-15 members at least one third of whom shall have

legal expertise.

(d) The members of the Synod Standing Appeal Panel shall

be members of the church catholic recognised by the

Church for the purposes of this Regulation.

(e) At least one third of the Synod Standing Appeal Panel

shall be women, and at least one third shall be men.

(f) No person shall serve as a member of the Synod Standing

Appeal Panel for more than 9 years consecutively.

(g) Neither the Moderator nor the Synod Secretary shall be a

member of the Synod Standing Appeal Panel.

(h) A Synod Standing Appeal Panel may include members

who reside within the bounds of another Synod provided

written agreement has been reached between the Synods.

(i) Where the Convenor decides it is warranted he or she may

apply to the Synod for payment to be made to any person

or persons for serving on an Appeal Panel or for payment

of any other costs or expenses incurred in the course of

the Appeal or alternatively the Synod may decide to

189

remunerate members of an Appeal Panel on such terms as

the Synod sees fit.

 

TIME FOR APPEALS TO WHICH THIS PART 6 APPLIES

 

6.2 (a) A person having the right under these Regulations to

appeal under this Part 6 shall, within 21 days of receiving

the Original Decision, deliver to the Synod Secretary a

written request for an appeal to be heard. The Synod

Secretary shall promptly deliver the request to the

Convenor.

(b) The request for appeal shall contain details of the

particular grounds of appeal, including any procedural or

factual bases, and to the extent possible, all material upon

which that party intends to rely. The date the request for

appeal is received is the Lodgment Date.

(c) “Original Decision” means the decision which is being

appealed pursuant to this Part 6.

(d) An appeal commenced pursuant to this Part 6, is referred

in these Regulations as “the Appeal” and the person who

requests the Appeal is referred to in the Regulations as

“the Appellant”.

 

APPOINTMENT OF APPEAL PANEL

 

6.3 (a) Within 21 days of the Lodgment Date the Convenor shall

appoint a panel of 3 members to deal with the Appeal

(“the Appeal Panel”), select a chairperson of the Appeal

Panel (“the Chairperson”) and provide members of the

Appeal Panel with copies of the documents delivered to

the Synod Secretary pursuant to Regulation 6.2 (a) (“the

Appeal Papers”).

(b) At least one member of each Appeal Panel shall have

legal expertise, and as far as possible each Appeal Panel

shall have members of both genders.

(c) In addition to the members of the Synod Standing Appeal

Panel, the Moderator may, on the application of the

Convenor, appoint a person or persons from outside the

Synod Standing Appeal Panel and/or outside the Church

190

to serve as a member of an Appeal Panel where that

person or persons’ expertise would assist.

(d) Except as provided in paragraph (c), the members of an

Appeal Panel shall be members of the Synod Standing

Appeal Panel.

(e) An Appeal Panel shall not include any member of the

body which made the Original Decision or any member

who the Convenor determines is closely associated with

the Appellant or persons directly affected by the Original

Decision.

 

NATURE OF APPEALS

 

6.4 (a) The Appeal Panel shall act expeditiously whilst

(i) giving the Appellant sufficient information to know

on what basis the Original Decision was reached;

(ii) giving the Appellant, and, in its discretion, parties

directly affected by the Original Decision, the

opportunity and sufficient time to prepare and

present a response.

(b) The Appeal Panel shall be guided by equity and good

conscience and may inform itself in such manner as it

sees fit in the circumstances.

(c) Where the Appeal Panel receives new information not

provided to the Original Decision-maker it may include,

exclude or give a degree of weight to that information

based on what it considers is equitable and in good

conscience in the particular circumstances before it.

 

APPEAL PROCESS

 

6.5 (a) The Chairperson shall manage the time-table for the

Appeal process and have the discretion to vary it. Unless

the Chairperson shall decide otherwise, the time-table

shall be as follows:

(i) within 14 days of the Chairperson’s appointment

the Chairperson shall, under cover of a letter,

provide the person or body which made the

Original Decision with a copy of the Appeal Papers

and give that person or body an opportunity to

provide further written comment. The Chairperson

191

shall also request copies of all documents on which

the Original Decision was based, as well as any

written reasons given for the Original Decision.

The time allowed for this response shall be 14 days

from the date of the Chairperson’s letter;

(ii) also within 14 days of the Chairperson’s

appointment any respondent or any other person

who, or body which, in the opinion of the

Chairperson is directly affected by the Original

Decision, will be provided with a copy of the

Appeal Papers and given an opportunity to provide

further written comment. The time for doing so

will be 14 days from the date of the Chairperson’s

covering letter;

(iii) copies of the documents and responses received

under Regulation 6.5(a)(i) and (ii) shall be

provided to the Appellant within 7 days of the time

expiring under Regulation 6.5(a)(i) and (ii) above,

together with a letter from the Chairperson

notifying the Appellant of an opportunity to reply

in writing to any matters raised by the documents.

The time allowed for the reply shall be 14 days

from the date of the Chairperson’s covering letter

giving this right of reply;

(iv) having received the Appellant’s written reply, if

any, the Appeal Panel will set a hearing date to

allow the parties a right to be heard (“the

Hearing”), where possible within 28 days from

the expiry date for the Appellant’s reply under

para (iii) above. The Appeal Panel at its

discretion may invite any person to attend and

address the Appeal Panel, and if so, all parties

will be notified of this; and

(v) the Appeal Panel shall give to the Appellant and

Original Decision maker a copy of its written

decision, including its reasons, within 14 days of

the Hearing.

(b) (i) A party to the Appeal shall be entitled to have a

support person with them during the proceedings

of the Appeal Panel. The support person must be

a person not otherwise involved in the Appeal or

the Original Decision; and

192

(ii) the person providing support shall not have the

right to speak during the proceedings of the

Appeal Panel unless invited to do so by the

Chairperson.

(c) (i) The Appeal Panel shall determine the Appeal by

substituting its own decision for the Original

Decision or affirming or varying the Original

Decision;

(ii) the Appeal Panel shall endeavour to reach its

decision by consensus. Failing consensus the

Appeal Panel may make a decision by simple

majority; and

(iii) the decision of the Appeal Panel shall be final,

and there shall be no further right of appeal.

 

SPECIAL PROVISIONS RELATING TO ASSEMBLY DECISIONS

 

6.6 (a) Where the request for an appeal arises from a decision

of the Assembly or a body responsible to the Assembly

this Regulation 6.6 shall apply.

(b) Any request for an appeal shall be delivered to the

General Secretary of the Assembly within the timeframe

set out in Regulation 6.2.

(c) Within 21 days of a request for an appeal having been

delivered, the President shall appoint an Appeal Panel of

three persons from among the membership of the Synod

Standing Appeal Panels to hear the Appeal, and shall

appoint a Chairperson of that Appeal Panel. The

President shall provide members of the Appeal Panel

with copies of the documents delivered to the General

Secretary of the Assembly (“the Appeal Papers”).

(d) Where the President decides it is warranted he or she

may apply to the Assembly for payment to be made to

any person or persons for serving on an Appeal Panel or

for payment of any other costs or expenses incurred in

the course of the Appeal or alternatively the Assembly

may decide to remunerate members of an Appeal Panel

on such terms as the Assembly sees fit.

193

(e) In addition to the members of the Synod Standing

Appeal Panels, the President may appoint a person or

persons from outside the Synod Standing Appeal Panels

and/or outside the Church to serve as a member of an

Appeal Panel where that person or persons’ expertise

would assist.

(f) Except as provided in paragraph (e), the members of an

Appeal Panel shall be members of a Synod Standing

Appeal Panel.

(g) The Appeal Panel convened pursuant to this Regulation

6.6. shall otherwise operate in accordance with the

provisions of Regulations 6.2(b), (c) and (d), 6.3(b) and

(e), 6.4, 6.5 and 6.7.

 

CONFIDENTIALITY

 

6.7 (a) After the Appeal Panel has determined the Appeal it may

make a written comment on any aspect of the proceedings

to the Moderator or with respect to an Appeal arising

under Regulation 6.6, to the President.

(b) After consulting with the Appellant, the Chairperson and

any person the Chairperson advises is directly affected by

the determination of the Appeal, the Moderator (or with

respect to an Appeal under Regulation 6.6, the President)

(i) may make such public statement concerning the

Appeal as the Moderator (or with respect to an

Appeal under Regulation 6.6, the President)

considers appropriate; and

(ii) may make a statement to a Congregation and/or

relevant bodies about the Appeal as the Moderator

(or with respect to an Appeal under Regulation 6.6,

the President) considers appropriate and ensure

appropriate pastoral support for such congregations

and/or bodies.

(c) Except as provided in Regulations 6.7(a) and 6.7(b), all

matters concerning the Appeal including the Appeal

proceedings shall be confidential. Unless otherwise

determined by the Appeal Panel, no member of the

Appeal Panel nor any other person who has been involved

194

in the proceedings shall divulge any information about it –

except to the extent compellable by law.