Anglican Church of Australia - Alteration of Constitution

Overview

The Anglican Church of Australia Alteration of the Constitution Notice 2014, enacted in 2014, serves to formalise a significant change within the governance structure of the Anglican Church of Australia. This notice was issued under section 67(2) of the Constitution of the Anglican Church of Australia, and it addresses a specific alteration to the Church's constitution, as made by the General Synod on 22 September 2010. The primary objective, as determined by the President of the General Synod, was to ensure that the amendment, Canon No. 12 of 2010, could proceed without any remaining conditions, thereby facilitating its enforcement from 1 July 2014. This legislative step underscores the Church's commitment to maintaining its constitutional integrity and adapting its governance framework in accordance with its ecclesiastical needs.

Scope and Application

The Anglican Church of Australia Alteration of the Constitution Act pertains specifically to the internal governance and constitutional amendments within the Anglican Church of Australia. It applies to the entities and individuals involved in the Church’s hierarchical structure, including the General Synod, bishops, and other ecclesiastical authorities, as well as to all members of the Church who are subject to its canons and constitution. The Act’s jurisdictional reach is limited to the internal affairs of the Anglican Church of Australia, and it does not extend beyond the boundaries of this specific denomination. Notably, this legislation does not impose any direct restrictions or exclusions on the Church’s operation but rather facilitates the process by which its constitution can be altered through formal synodical procedures. The Act allows for the implementation of subordinate instruments that may provide further detail on the amendment process or related procedures, ensuring that any changes to the constitution are executed in a manner consistent with the Church’s established governance framework.

Key Provisions

The Constitution of the Anglican Church of Australia was altered by the insertion of section 28A through Canon No. 12 of 2010, which was passed on 22 September 2010 by the General Synod. This amendment was subsequently determined by the President of the General Synod, the Most Rev'd Dr Philip Aspinall, Archbishop of Brisbane and Metropolitan of the Province of Queensland, to be unconditional and effective from 1 July 2014, as notified on 24 April 2014. The new section 28A, among other things, addresses the manner in which the Constitution itself may be further amended, setting out specific procedures that must be adhered to by the General Synod in order to alter the Constitution in future. The Act imposes several obligations on the General Synod and other entities governed by the Constitution of the Anglican Church of Australia. For instance, any proposed alteration to the Constitution must now follow the specific process outlined in section 28A, which includes public notice of the proposed changes, opportunities for consultation and objection, and a majority vote in favour of the amendment. The General Synod is also mandated to ensure that these processes are transparent and inclusive, allowing for adequate consideration and discussion among its members and, where appropriate, the broader Anglican community. Furthermore, any amendments must be communicated to the public and recorded appropriately, ensuring that the alterations to the Constitution are documented and accessible. Failure to comply with the requirements and procedures set forth in the Constitution and the new section 28A could result in various civil and criminal consequences. Although the specific penalties for non-compliance are not detailed in the text, the serious nature of constitutional amendments suggests that breaches could lead to disciplinary action, legal challenges, or other repercussions as deemed necessary by the Church's governing bodies. Additionally, if the altered Constitution infringes on the rights of individuals or entities, it could potentially lead to litigation under Australian law, with the courts having the authority to review and, if necessary, overturn the amendments.