Anglican Church of Australia - Alteration of the Constitution - Canon No. 5 of 2014

Overview

The Anglican Church of Australia Alteration of the Constitution Notice 2019 was enacted to address a specific procedural gap within the existing framework of the Appellate Tribunal of the Anglican Church of Australia. The notice, issued under section 67(2) of the Constitution of the Anglican Church of Australia, was made by the General Synod, the legislative body of the Church, and was intended to streamline the tribunal's operations. The primary objective of the notice was to facilitate the introduction of legislation concerning the eligibility of members to serve on the tribunal and the appointment of reserve members to ensure the tribunal's functionality is not impeded when a member is unable to participate in an appeal. The notice was designed to enhance the efficiency and effectiveness of the tribunal's proceedings by providing clearer guidelines and procedures in these areas.

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, pertains specifically to the Anglican Church's internal governance structure. This legislation applies to the members of the Anglican Church of Australia, including its General Synod, the President of the General Synod, and any relevant tribunals or appellate bodies within the Church. The scope of the Act is confined to the amendment of the Church's Constitution, particularly affecting the eligibility criteria for members serving on the tribunal and the process for appointing reserve members when a tribunal member is incapacitated. The Act's jurisdiction is limited to the internal operations of the Anglican Church of Australia, without extending to broader national or international legal frameworks. There are no explicit exclusions or exemptions mentioned within the notice, and the changes are set to take effect on 1 December 2019, following the determination by the President of the General Synod that no conditions remain pending the Canon's enactment. The application and interpretation of this Act may be further detailed through subordinate instruments, though no such details are provided within the notice itself.

Key Provisions

The key provisions of the notice relate to changes in the Constitution of the Anglican Church of Australia, specifically in Canon No. 2 of 2017 (section 67(2)). The General Synod, on 8 September 2017, approved amendments to the Constitution to allow for the introduction of legislation concerning the eligibility criteria for members of the Appellate Tribunal and the appointment of reserve members when a tribunal member cannot participate in the resolution of an appeal (sections 57(1) and 57(2)). These changes were intended to ensure the smooth operation of the tribunal by providing necessary flexibility in its membership. The President of the General Synod, the Most Rev’d Dr Philip Freier, Archbishop of Melbourne and Metropolitan of the Province of Victoria, confirmed on 27 August 2019 that there were no remaining conditions for the canon to come into effect. As a result, the canon came into effect on 1 December 2019. The Act imposes specific obligations on the parties or entities it governs, particularly the General Synod and its President. The General Synod is responsible for making amendments to the Constitution, and in this case, it approved the changes to Canon No. 2 of 2017. The President of the General Synod has the responsibility to determine when a canon comes into effect once it has been passed. In this instance, the President confirmed that all conditions were met and set the effective date for the canon as 1 December 2019. These obligations ensure that the constitutional amendments are properly implemented and that the Anglican Church of Australia operates according to its updated governance structure. Failure to comply with the provisions of the Act could result in various consequences, though the notice does not detail specific offences or penalties. It is important to note that any breach of the amended constitution could potentially lead to disciplinary actions or other ecclesiastical sanctions within the Anglican Church of Australia. However, the notice itself does not specify the exact nature of these consequences, and they would likely be determined by internal church processes and governance structures. The maximum penalties for breaches are not explicitly stated in the notice but would be subject to the church's disciplinary procedures and the severity of the breach.