Anglican Church of Australia - Alteration of the Constitution

Overview

The Anglican Church of Australia Alteration of the Constitution Notice 2015 was issued under section 67(2) of the Constitution of the Anglican Church of Australia, aiming to formalise an amendment to the Church’s constitution concerning the definition of "Diocesan Council". This legislative measure was enacted to address the need for updated and precise governance structures within the Church, ensuring that the roles and responsibilities of Diocesan Councils are clearly defined and understood. The General Synod, the highest legislative body of the Anglican Church of Australia, authorised this change, which was officially adopted on 18 September 2010. The policy objective behind this amendment is to provide clarity and streamline the administrative functions of the Church’s diocesan governance. This alteration became effective on 1 March 2016, following the President of the General Synod’s determination on 20 November 2015 that all conditions for its implementation had been met.

Scope and Application

The Anglican Church of Australia Alteration of the Constitution Notice 2015 pertains to the Anglican Church of Australia and its affiliated entities, including dioceses and parochial districts, and governs the alteration of its Constitution as set forth in Canon No. 1 of 2010. The Notice is issued under section 67(2) of the Constitution of the Anglican Church of Australia, ensuring that the prescribed process for constitutional amendments is followed. The constitutional amendment, which modifies the definition of "Diocesan Council" in sub-section 74(1) of the Constitution, is applicable to all levels of the Church's governance, including diocesan and parochial bodies. The Notice is effective from 1 March 2016, 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, on 20 November 2015, that all conditions for the coming into effect of the Canon have been met. The alterations apply nationally across Australia, influencing the governance structures within each diocese and parochial district of the Anglican Church of Australia.

Key Provisions

The Anglican Church of Australia Alteration of the Constitution Notice (C2015G02071) outlines the official announcement of the amendment to the Church's Constitution. Section 67(2) of the Constitution of the Anglican Church of Australia specifies the procedure for such amendments. In this case, the General Synod made Canon No. 1 of 2010, the Constitution Amendment (Diocesan Council) Canon 2010, which modifies the definition of "Diocesan Council" in subsection 74(1). This amendment was passed on 18 September 2010 and, after a review period, was determined to have no remaining conditions for implementation by the President of the General Synod on 20 November 2015. As a result, the President, the Most Rev’d Dr Philip Freier, Archbishop of Melbourne and Metropolitan of the Province of Victoria, announced that the Canon would come into effect on 1 March 2016. The Act imposes specific obligations on the parties governed by it, primarily the General Synod and its President. The General Synod is responsible for proposing and passing constitutional amendments, as seen with Canon No. 1 of 2010. Once an amendment is proposed, it must go through a review period to ensure all conditions for implementation have been met. The President of the General Synod has the authority to determine whether these conditions have been satisfied and to set a date for the amendment to come into effect. In this instance, the President reviewed the amendment and confirmed that all conditions were met, allowing the Canon to be enacted. Failure to comply with the provisions of this Act could result in various consequences. While the specific offences and penalties are not detailed in the Notice, breaches of constitutional procedures or obligations could lead to legal challenges, disputes within the Church, or other administrative consequences. The exact penalties would depend on the nature of the breach and would be determined by relevant ecclesiastical or civil authorities, as applicable. The Anglican Church of Australia, like any other organisation, would have internal mechanisms for addressing such breaches, potentially including disciplinary actions or formal resolutions by the General Synod.