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 facilitate changes to the membership of the Provincial Tribunal within the Church's governance structure. This piece of legislation was introduced to address the need for updated guidelines on the composition of the Provincial Tribunal, ensuring that the Church's administrative and disciplinary processes remain effective and relevant. The Constitution of the Anglican Church of Australia was amended by the General Synod, the legislative body responsible for enacting this change, with the aim of ensuring the Church's internal governance reflects contemporary needs and maintains the integrity of its disciplinary functions. This Notice was issued by the President of the General Synod, the Most Rev’d Dr Philip Freier, Archbishop of Melbourne and Metropolitan of the Province of Victoria, who determined that the Canon would come into effect on 1 July 2019, following the removal of all conditions that previously applied to its enactment. The policy objective behind this alteration is to provide clarity and consistency in the Church's approach to the administration of its internal affairs, ensuring that the tribunal's role is well-defined and its processes are transparent and fair.

Scope and Application

The Constitution Amendment (Membership of the Provincial Tribunal) Canon 2014 pertains specifically to the Anglican Church of Australia and concerns the modification of its constitution with respect to the membership of the Provincial Tribunal. This alteration applies to all members of the Anglican Church of Australia, including the clergy, laypersons, and any affiliated entities, by affecting the structure and composition of the Provincial Tribunal. Geographically, this Act's reach is confined within the jurisdiction of the Anglican Church of Australia, impacting its operations across various states and territories in Australia. There are no stated exclusions or exemptions mentioned in the text, implying that the amendment applies universally within the Church. The coming into effect of this Canon, as determined by the President of the General Synod, is set for 1 July 2019, following the stipulated process outlined in the Church's constitution.

Key Provisions

The main operative sections of the notice provided revolve around the alteration of the Constitution of the Anglican Church of Australia as detailed in section 67(2) of the Church's Constitution. Section 55 of the Constitution, which pertains to the membership of the Provincial Tribunal, has been altered by the Constitution Amendment (Membership of the Provincial Tribunal) Canon 2014. This Canon was passed by the General Synod on 30 June 2014 and was formally determined by the President of the General Synod, the Most Rev’d Dr Philip Freier, Archbishop of Melbourne and Metropolitan of the Province of Victoria, to come into effect on 1 July 2019. This determination was made on 19 March 2019, as evidenced by the notice given under section 67(2) of the Constitution. The Act imposes several obligations and requirements on the parties and entities governed by the Anglican Church of Australia. Notably, the President of the General Synod is mandated to determine the coming into effect of any constitutional amendments. This includes verifying that all conditions precedent to the implementation of such amendments have been satisfied. In this case, the President confirmed that no conditions remained for the Constitution Amendment (Membership of the Provincial Tribunal) Canon 2014 to come into effect. The General Synod, as the legislative body, is responsible for passing such amendments, which must then be formally determined by the President. Additionally, the General Secretary, in this instance Anne Hywood, is required to issue a public notice of these determinations, ensuring transparency and adherence to the constitutional process. In terms of consequences for breach, the notice does not explicitly outline specific offences or penalties. However, the process delineated in the Constitution suggests that any failure to adhere to the prescribed procedures for constitutional amendments could result in legal or ecclesiastical repercussions. For instance, if the President were to improperly determine the coming into effect of a Canon without fulfilling all necessary conditions, or if the General Synod passed an amendment without proper procedure, such actions could be subject to review and potential disciplinary measures within the Church's governance structure. While the notice does not provide maximum penalties, it is clear that adherence to the constitutional process is paramount to avoid any adverse consequences.