Anglican Church of Australia - Alteration of the Constitution - Canon No. 4 of 2014

Overview

The Anglican Church of Australia Alteration of the Constitution Notice, gazetted in 2019, concerns an amendment to the Constitution of the Anglican Church of Australia. This notice was issued under section 67(2) of the Church's Constitution, reflecting the formal process prescribed for any changes to the foundational legal framework governing the Church. The problem or gap that this alteration was introduced to address is the need to update the rules regarding the membership of the Diocesan Tribunal, as outlined in section 54 of the Constitution. The enactment of this notice by the General Synod, the legislative body of the Anglican Church of Australia, signifies the formal adoption of the 2014 Constitution Amendment, which was made to ensure the Church's governance structures are effectively aligned with its spiritual and administrative needs. The policy objective, as implied by the formal process and the amendment's focus, is to enhance the Church's internal governance mechanisms, thereby maintaining the integrity and operational efficacy of its judicial processes.

Scope and Application

The Anglican Church of Australia Alteration of the Constitution Notice, published under section 67(2) of the Constitution of the Anglican Church of Australia, applies specifically to the Church's governance and internal operations, particularly concerning the membership of the Diocesan Tribunal. This legislation affects the Church's members, including clergy and laity within its various dioceses, and applies to the entire Anglican Church of Australia, spanning its jurisdictional reach across the nation. The notice pertains to the implementation of the Constitution Amendment (Membership of the Diocesan Tribunal) Canon 2014, which was made on 30 June 2014, and was set to take effect upon the President of the General Synod determining there are no conditions remaining for its enactment. The alteration, effective from 1 July 2019, was confirmed by the President of the General Synod, the Most Rev’d Dr Philip Freier, Archbishop of Melbourne and Metropolitan of the Province of Victoria, on 29 March 2019. This legislative change does not specify exclusions, exemptions, or thresholds, but it may be subject to further interpretation or clarification through subordinate instruments issued by the Church's governing bodies.

Key Provisions

The main operative sections of the Anglican Church of Australia Alteration of the Constitution Notice (C2019G00301) pertain to the formal alteration of the Constitution of the Anglican Church of Australia, particularly with respect to the membership of the Diocesan Tribunal. Section 54 of the Constitution, as amended by Canon No. 4 of 2014, is directly altered to redefine the composition and possibly the functions of the Diocesan Tribunal. This alteration was initially adopted by the General Synod on 30 June 2014 and has now been confirmed to take effect on 1 July 2019, as determined by the President of the General Synod on 19 March 2019. Under this legislation, the obligations and requirements imposed on the parties and entities governed by the Act involve ensuring that the changes to the Constitution, specifically regarding the membership of the Diocesan Tribunal, are implemented effectively and efficiently. The General Synod, which has the authority to amend the Constitution, must follow the procedural steps outlined in section 67(2) of the Church’s Constitution. This includes making the necessary determination that no conditions are left for the Canon to come into effect, which has been confirmed by the President of the General Synod. Additionally, the General Secretary, who is responsible for the administration and communication of these changes, must ensure that the notice is properly gazetted and communicated to all relevant stakeholders within the Church. The legislation also outlines potential consequences for any breaches of the procedures or requirements stipulated by the Act. While specific offences and penalties are not detailed within the text of the notice, it is understood that non-compliance with the constitutional procedures for altering the Church’s Constitution could lead to legal repercussions. Typically, such breaches may result in disciplinary actions within the Church, or potentially in civil or criminal proceedings depending on the nature and severity of the breach. The exact consequences would need to be interpreted in the context of broader Church law and Australian legislative frameworks, but the primary emphasis is on maintaining the integrity and proper functioning of the Church’s governance structures.