Alteration of Constitution of the Anglican Church of Australia

Overview

The Anglican Church of Australia Alteration of the Constitution Notice, 2019, issued under section 67(2) of the Constitution of the Anglican Church of Australia, concerns the modification of Canon No. 6 of 2017, specifically the Constitution (Jurisdiction of Special Tribunal) Amendment Canon 2017. This legislation was enacted to address a gap in the jurisdiction of the Special Tribunal, extending its reach to encompass former members of the House of Bishops and bishops assistant to the Primate, as outlined in section 56(6) of the Constitution. The General Synod of the Anglican Church of Australia, the legislative body responsible for enacting this alteration, aims to ensure comprehensive oversight and resolution of disputes within the Church. The policy objective is to provide a structured framework for addressing grievances and maintaining ecclesiastical discipline across all levels of the Church's hierarchy. The notice signifies the completion of the process for these amendments to take effect on 1 November 2019, following the determination by the President of the General Synod, the Most Rev’d Dr Philip Freier, Archbishop of Melbourne and Metropolitan of the Province of Victoria.

Scope and Application

The Constitution (Jurisdiction of Special Tribunal) Amendment Canon 2017 applies to former members of the House of Bishops and bishops assistant to the Primate within the Anglican Church of Australia. The legislation pertains to the alteration of the Church's Constitution, specifically by extending the jurisdiction of the Special Tribunal to include these individuals. The amendment is a direct result of Canon No. 6 of 2017, which was duly made by the General Synod on 5 September 2017. The jurisdictional reach of this Act is confined to the internal governance and disciplinary procedures of the Anglican Church of Australia, without any geographic limitations beyond the Church's own structure. The Act does not explicitly mention any exclusions, exemptions, or thresholds, and it does not extend or restrict its application through subordinate instruments as per the provided text. The Canon was determined to come into effect on 1 November 2019 by the President of the General Synod, the Most Rev’d Dr Philip Freier, Archbishop of Melbourne and Metropolitan of the Province of Victoria, following his determination on 25 July 2019 that no conditions remained for the coming into effect of the Canon.

Key Provisions

The main operative sections of this legislative document, section 67(2) of the Constitution of the Anglican Church of Australia, provide a formal notice regarding the alteration of the Constitution. Specifically, it references the Canon No. 6 of 2017, which amends the Constitution by extending the jurisdiction of the Special Tribunal to include former members of the House of Bishops and bishops assistant to the Primate as stated in section 56(6). This alteration was made by the General Synod on 5 September 2017. Furthermore, the document declares that the President of the General Synod, the Most Rev'd Dr Philip Freier, Archbishop of Melbourne and Metropolitan of the Province of Victoria, has determined there are no remaining conditions for the Canon to come into effect, thus setting the date for its implementation as 1 November 2019. The Act imposes several obligations and requirements on the entities it governs. Firstly, the General Synod must ensure that any constitutional alterations are made through a duly constituted and properly convened session. Secondly, the President of the General Synod is required to determine whether there are any remaining conditions for the implementation of such alterations. This includes a thorough review to confirm that all procedural and substantive requirements have been met. Lastly, the President must issue a formal determination and announcement of the effective date for any such alterations, as demonstrated by the President's decision on 26 July 2019. The legislation outlines potential consequences for non-compliance with the provisions set forth. While the document does not explicitly state civil or criminal penalties for breach, it is implied that failure to adhere to the established procedures for constitutional amendments could result in legal challenges or internal ecclesiastical sanctions. The absence of specific penalties in the text suggests that the primary recourse would be through ecclesiastical courts or internal disciplinary processes within the Anglican Church of Australia. However, the seriousness of constitutional amendments could lead to significant repercussions for those found to have acted contrary to the established procedures.