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BEING TOGETHER Expectations of behaviour in our church community Jesus told us to love one another as he loves us. As Christians we know our life together is strengthened when our behaviour is consistent with our faith. However, our experience of being together can be difficult, particularly when there are differences. So it is important to be clear about how we will behave towards each other.
Being a community: • We will value the wellbeing of others. • We will encourage each other to participate in the life of the church. • We will consider the impact of our behaviour on others.
Relating to each other: • We will treat each other with respect and dignity, irrespective of ability, gender, sexuality, race, age or contribution to the church. • We will act with integrity and honesty in our interactions with each other. Communicating with each other: • We will communicate respectfully with others, and not in a way that threatens, belittles or humiliates. • We will speak with integrity and honesty, and refrain from speculation and gossip.
Acknowledging difference: • We will respect those who are different from us and not isolate or ridicule them. • We will listen to and seek to understand the beliefs, opinions and practices of others, even when we do not share their views.
Responding to conflict: • We will accept responsibility for our part in a conflict. • We will be willing to play our part in resolving a conflict.
Promoting Safety: • We will promote behaviours that support the physical,1 psychological2, social3, spiritual 4and moral5 safety of all people.
(Promoting Safety added by DC January 2019 all other parts as adopted by General Synod 2014).
1 Physical Safety - anything people need to stay alive and derive a sense of health and well-being in the world 2 Psychological Safety - the pursuits Individuals must follow to be healthy within himself or herself and balance his or her needs with those of others 3 Social Safety - the ability to be part of a group without experiencing or engaging In behaviours or activities that destroy the Integrity of the Individual or the group 4 Spiritual Safety - enabling opportunities for people to learn of the riches of faith and to explore them in ways that are appropriate to their own stories and journeys 5 Moral Safety - Operating from a system of values that are consistent, that guide behaviour, and that are founded on a deep respect for each other, all living things and God.
PARISH SAFETY POLICY - PUBLISHED VERSION - MARCH 2019 1 2 Third Session of the Fifty-Second Synod 25 and 26 October 2019
Timetable
Friday 25 October 2019 Christ Church Cathedral
10.30am Registration and Morning Tea 11.00am Opening Prayers Formalities and Presidential Address Address by Bishop Stephen Pickard Conference Session – Responding to the address by Bishop Pickard 1.00pm Lunch 1.45pm Synod Business 3.30pm Afternoon Tea 3.45pm Order of the Day Item 13 2020 Diocesan Budget Synod Business 6.00pm Closing Prayer
Saturday 26 October 2019 Christ Church Cathedral
9.30am Synod Eucharist 10.30am Morning Tea 11.00am Order of the Day Item 12.1 A Bill for a Clergy Discipline Ordinance Amendment Ordinance 2019 Item 12.2 A Bill for a Blessing of Persons Married According to the Marriage Act Regulation 2019 Synod Business 1:00pm Lunch 1.45pm Synod Business 3.30pm Afternoon Tea 3.45pm Synod Business 5.00pm Closing Prayers and Adjournment
3 Third Session of the Fifty-Second Synod 25 and 26 October 2019
Index
Business Page Paper Subject Item No. No.
Summons 1
Being Together 2
Synod Timetable 3 Index 4 Synod Roll a. Bishop and Clergy 6 b. Lay 9 c. Statutory & Bishop’s Appointments 13 d. Invitees 14
Business Paper 15 11. Diocesan Ordinances 11.1 A Bill for a Clerical Ministry Ordinance Amendment (Retirement 25 Age) Ordinance 2019 11.2 A Bill for an Administration of Parishes Ordinance Amendment 30 (Audit and Review) Ordinance 2019 11.3 A Bill for a Clergy Discipline Ordinance 2019 35
12. Private Member Ordinances 12.1 A Bill for a Clergy Discipline Ordinance Amendment Ordinance 50 2019 12.2 A Bill for a Blessing of Persons Married According to the 52 Marriage Act Regulation 2019
13. Diocesan Budget for 2020 Supplementary
16. Reports and Finance 16.1 Diocesan Council 56 a. Report of the Professional Standards Committee 62 b. Diocese of Newcastle Response to the 65 Recommendations of the Royal Commission 16.2 Newcastle Anglican Church Corporation 78 a. General Fund and Budget Account accounts as at 31 83 December 2018 b. Anglican Savings & Development Fund accounts as at 31 116 December 2018 c. Trustees of Church Property accounts as at 31 December 148 2018 16.3 Diocesan Ministry Council 184 a. Direction of Formation 186 b. Mission Giving 2018 187 16.4 Newcastle Anglican Schools Corporation 189 a. Newcastle Anglican Schools Corporation accounts as at 191 31 December 2018
4 Third Session of the Fifty-Second Synod 25 and 26 October 2019
Index
Business Page Paper Subject Item No. No. b. Bishop Tyrrell Anglican College 211 c. Bishop Tyrrell Anglican College Accounts as at 31 212 December 2018 d. Lakes Grammar - An Anglican School 244 e. Lakes Grammar - An Anglican School Accounts as at 31 245 December 2018 f. Manning Valley Anglican College 281 g. Manning Valley Anglican College Accounts as at 31 282 December 2018 h. Scone Grammar School 315 i. Scone Grammar School Accounts as at 31 December 317 2018 16.5 Anglican Care - Aged Care Ministry 348 a. Anglican Care Accounts as at 30 June 2018 349 16.6 Samaritans Foundation Consolidated Report 390 a. Samaritans Foundation Consolidated Accounts as at 30 392 June 2018 16.7 Christ Church Cathedral Board 424 a. Christ Church Cathedral Accounts as at 31 December 426 2018 16.8 Chaplaincies a. Mission to Seafarers Newcastle 439 b. John Hunter Hospital Chaplaincy 440 c. Cessnock Correctional Centre 441 d. Frank Baxter Youth Justice Centre 442 e. University Chaplaincy – Callaghan Campus 443 f. University Chaplaincy – Ourimbah Campus 444 16.9 Anglican Organisations and Bodies a. Anglican Women of Australia - Diocese of Newcastle 445 b. Mothers’ Union of Australia - Diocese of Newcastle 446 c. Anglican Men's Society 447 d. Anglican Cursillo Movement 449
Resources
1. Item 11.1 – Clerical Ministry Ordinance 2009 450 2. Item 11.2 – Administration of Parishes Ordinance 2010 494 3. Item 11.3 – Clergy Discipline Ordinance 1966 518 4. Item 12.2 – Canon Concerning Services 1992 535 5. Item 15.2 – 2015 Synod Motion: Recognising Respectful 537 Relationships 6. Item 15.3 – NASC Christian Ethos Statement 538 7. Standing Orders of Synod 539
5 Synod Roll – Clergy
# Name Position Parish Bishop 1. Stuart, The Right Reverend Dr Bishop of Newcastle Diocesan Office Peter Clergy 2. Murry, The Right Reverend Assistant Bishop Diocesan Office Charlie Coastal Episcopate 3. Roulston, The Right Reverend Assistant Bishop Diocesan Office Sonia Inland Episcopate 4. Adkins, The Reverend Peter Rector Bulahdelah Tea Gardens 5. Amner, The Reverend Bryce Priest in Charge Georgetown 6. Angert-Quilter, The Reverend Dr Rector Mount Vincent Kurri Kurri & Theresa Weston 7. Armstrong, The Reverend Canon Rector Lambton Maree 8. Atkinson, The Reverend Nathan Assistant Priest Scone, Scone Grammar Chaplain School 9. Atherton, The Reverend Gary Rector Cardiff Boolaroo 10. Baldwin, The Reverend Nicole Priest in Charge Branxton Greta Lochinvar 11. Bate, The Reverend Canon Allan Rector Kincumber 12. Bird, The Reverend Christopher Rector Adamstown 13. Bourquin, The Reverend Annette Priest in Local Mission Nelson Bay 14. Bower, The Venerable Rod Rector Gosford, Justice Ministries & Archdeacon Chaplaincy 15. Bowyer, The Very Reverend Dean Christ Church Cathedral Katherine 16. Brack, The Reverend Wendy Deacon in Local East Maitland Mission 17. Brockwell, The Reverend Priest in Charge Harrington & Districts Amanda 18. Brooks, The Reverend James Associate Priest Forster Tuncurry 19. Colby, The Reverend Greg Priest in Charge Belmont North Redhead 20. Connor, The Reverend Daniel Senior State Chaplain NSW Police Force 21. Cooper, The Reverend Mark Rector MICA Ministries 22. Copeman, The Venerable Canon Archdeacon of All Saints ANeW Arthur Newcastle Rector 23. Craft, The Reverend Ken Priest in Local Mission Cessnock 24. Davies, The Reverend David Priest in Charge Williamtown Medowie Mallabula 25. Davies, The Reverend Martin Priest in Charge Stroud 26. Davies, The Reverend Canon Rector Woy Woy Michael 27. Dodd, The Reverend Canon Port Chaplain Mission to Seafarers Garry 28. Drewe, The Reverend Priest in Charge Morpeth Jacqueline 29. Dulley, The Reverend Scott Rector Muswellbrook 30. Dunstan, The Reverend Kathryn Priest in Local Mission Bateau Bay
6 Synod Roll – Clergy
# Name Position Parish 31. Eaton, The Reverend Canon Rector Wallsend, Newcastle Andrew Chaplain University 32. Foley, The Reverend Jennifer Associate Chaplain Anglican Care 33. Ford, The Reverend Brian Rector Wingham 34. Freese, The Reverend Cameron Rector Merewether 35. Gilbert, The Reverend John Priest in Local Mission Singleton 36. Gordon, The Reverend Graham Priest in Local Mission Cardiff & Boolaroo 37. Govan, The Reverend Canon Rector Nelson Bay Kesh 38. Harris, The Reverend Mark Rector Forster Tuncurry 39. Harrison, The Reverend Andrew Chaplain Anglican Care 40. Hazel-Jawhary, The Reverend Rector Cessnock Canon Michelle 41. Hesketh, The Reverend David Community Chaplain Newcastle Home for Good 42. Inman, The Reverend Peter Priest in Local Mission St Albans 43. Innes, The Reverend James Priest in Local Mission Gosford 44. Jackson, The Reverend Associate Priest Gosford Christopher Chaplain Juvenile Justice 45. Jackson, The Reverend Wendy Priest in Local Mission Murrurundi 46. Killen, The Reverend Canon Rector, Supervising Belmont, Swansea Janet Priest 47. Killick, The Reverend Nathan Rector The Camden Haven 48. Langham, The Reverend Diane Chaplain Cessnock Correctional Centre 49. Lewis-Quinn, The Reverend Priest in Charge Dungog Robin 50. Llewellyn, The Reverend Robert Rector Gloucester 51. Loh, The Reverend Richard Chaplain Bishop Tyrrell Anglican College 52. Lye, The Reverend (Isabella) Priest in Local Mission Nelson Bay Anne 53. Marklew, The Reverend Michael Priest in Charge Stockton 54. McMahon, The Reverend Chaplain Bishop Tyrrell Anglican Melinda College 55. Middleton, The Reverend Peter Priest in Charge Gresford Paterson 56. Morgan, The Reverend Barbara Priest in Local Mission Murrurundi 57. Morrison- Cleary, The Reverend Priest in Charge Beresfield Thornton Douglas 58. Niland, The Reverend Stephen Rector Raymond Terrace 59. Partridge, The Reverend Juleen Priest in Local Mission Singleton 60. Peattie, The Reverend Bob Priest in Local Mission Charlestown 61. Perry, The Reverend Bruce Rector Bateau Bay 62. Pope, The Reverend Glen Rector Southlakes 63. Powter, The Reverend Stephen Priest in Charge The Entrance & Toukley Budgewoi 64. Reynolds, The Reverend Priest in Local Mission Singleton Marianne 65. Saines, The Reverend Don Associate Priest Gosford 66. Sawyer, The Reverend Kimberly Priest in Charge Newcastle St John’s 67. Shorten, The Reverend Matt Chaplain Lakes Grammar-An Anglican School
7 Synod Roll – Clergy
# Name Position Parish 68. Shrubb, The Reverend Stephen Priest in Local Mission Stockton 69. Tinney, The Reverend Peter Rector Taree 70. Turnbull, The Reverend Julie Rector Toronto Ministry Development CEY Ministries Officer 71. Vittali-Ross, The Reverend Lissy Deacon in Local Nelson Bay Mission 72. Walters, The Reverend Colin Priest in Charge Cameron Park 73. Wares, The Reverend Kevin Director of Formation Diocesan Office 74. Watson, The Reverend Canon Rector Terrigal Mark 75. West, The Reverend Canon Paul Rector Maitland 76. Williams, The Reverend Alison Associate Priest Bulahdelah Tea Gardens 77. Wong, The Reverend Hillary Rector Wyoming 78. Wooden, The Reverend Alison Priest in Local Mission Southlakes 79. Zammit, The Reverend Jody Rector Lakes Anglican 80. Zohrab, The Reverend Roger Chaplain John Hunter Hospital
8 Synod Roll - Lay
# Name Parish 1. Hughes, Mr Graeme Adamstown 2. Livingstone, Miss Julie Adamstown 3. Thornton, Mrs Margaret Adamstown 4. Matthews, Mr Adam All Saints ANeW 5. Southwell, Mr Stuart All Saints ANeW 6. Young, Mr James All Saints ANeW 7. Dunstan, Mr Stephen Bateau Bay L/A 8. Scotts, Mr Linden Bateau Bay 9. Seymour, Mrs Joan Bateau Bay 10. Booth, Mr Alan Belmont 11. Edwards, Mrs Helen Belmont 12. McFarlane, Mrs Ruth Belmont 13. Davies, Mrs Evelyn Belmont North Redhead 14. Kenchington, Mrs Diane Belmont North Redhead 15. Pennifold, Mrs Chris Belmont North Redhead 16. Giles, Mrs Denise Beresfield Thornton 17. Orchard, Mrs Gail Beresfield Thornton 18. Richard, Ms Lynn Beresfield Thornton 19. Edgar, Mrs Connie Branxton Greta Lochinvar 20. Herden, Mr Ian Branxton Greta Lochinvar 21. Randall, Mrs Barbara Branxton Greta Lochinvar 22. Frith, Mr Arthur Bulahdelah Tea Gardens 23. Guthrie-Horwill, Mrs Maureen Bulahdelah Tea Gardens 24. Petersen, Mrs Gwenyth Bulahdelah Tea Gardens 25. Cook, Mrs Sue Cardiff Boolaroo 26. Hird, Mr George Cardiff Boolaroo 27. Wickham, Mrs Lyn Cardiff Boolaroo 28. Dunnicliff, Mrs Lynn Cessnock 29. Talbot, Mrs Robyn Cessnock 30. Sargant, Mrs Nicole Cessnock 31. Butler, Mr Anthony Charlestown 32. Butler, Mrs Sharon Charlestown 33. Ross, Mr John Charlestown 34. Bailey, Mrs Sheryl Denman 35. Huggett, Mrs Brenda Denman 36. Huggett, Mr John Denman 37. Flannery OAM, Mrs Margaret Dungog 38. Helyer MBE, Mr Nicholas Dungog 39. Hooke, Mrs Roslyn Dungog 40. Hinde, Mrs Yvonne East Maitland 41. Seccombe, Mr Geoff East Maitland 42. Short, Mr Kevin East Maitland 43. Belton, Ms Suellen Forster Tuncurry 44. Hall, Mrs Judy Forster Tuncurry 45. Levick, Mr Barry Forster Tuncurry 46. Neave, Miss Rosemary Georgetown 47. Read, Mrs Colleen Georgetown 48. Vote, Mrs Elaine Georgetown 49. Patmore, Mr Newman Gloucester 50. Patmore, Mr Paul Gloucester 51. Sansom, Mrs Janice Gloucester 52. Booth, Mr Kevin Gosford L/A
9 Synod Roll - Lay
# Name Parish 53. MacDonald, Mr David Gosford 54. Macneil, Dr Hugh Gosford L/A 55. Earngey, Mr Richard Gresford Paterson 56. Owen, Ms Beverley Gresford Paterson 57. Vacant Gresford Paterson 58. Cheers, Mrs Ruth Harrington & Districts 59. Drury, Mr Robert Harrington & Districts 60. Elmer, Mrs Rhonda Harrington & Districts 61. Fraser, Mrs Helen Kincumber 62. Granger, Mr Allan Kincumber 63. Sommer, Mr Barry Kincumber 64. Roth, Mr Allen Kotara South 65. Stoddart, Ms Cheryl Kotara South 66. Warland, Jim Kotara South 67. McMullen, Mr Neil Lakes Anglican 68. Molloy, Ms Jane Lakes Anglican 69. Stewart, Ms Alana Lakes Anglican 70. Dumbrill, Mrs Doris Lambton 71. Iles, Mr Ken Lambton 72. Parslow, Mr Jim Lambton 73. Vacant Maitland 74. Richardson, Mrs Margaret Maitland 75. Slade, Miss Barbara Maitland 76. Vacant Merewether 77. Johnston, Mrs Jeanette Merewether 78. Vacant Merewether 79. Peebles, Mrs Deidre Merriwa 80. Walmsley, Miss Cheree Merriwa 81. Wright, Mrs Margaret Merriwa 82. Dalby, Mr John MICA Ministries 83. Murphy, Mrs Diana MICA Ministries 84. O’Connor, Ms Carol MICA Ministries 85. Riley, Mrs Narelle Morpeth 86. Varcoe, Mrs Christine Morpeth 87. Weston, Mr Phil Morpeth 88. Fuller, Miss Dorothy Mount Vincent Kurri Kurri Weston 89. Menzies, Mrs Pamela Mount Vincent Kurri Kurri Weston 90. Smith, Mr Graham Mount Vincent Kurri Kurri Weston 91. Cooper, Mrs Michelle Murrurundi 92. Dollin, Mr Rex Murrurundi 93. Farnham, Mrs Muriel Murrurundi 94. Armstrong, Mrs Wendy Muswellbrook 95. Walter, Mrs Elizabeth Muswellbrook 96. Vacant Muswellbrook 97. Lilly, Mr Warrick Nelson Bay 98. Lyall, Mrs Diana Nelson Bay 99. Wein, Mrs Toni Nelson Bay L/A 100. Sharpe, Mr Robert Newcastle Christ Church Cathedral 101. Taylor, Dr Ann Newcastle Christ Church Cathedral 102. Vimpani, Dr Graham Newcastle Christ Church Cathedral 103. Benson, Mr Howard Newcastle St John's 104. Roth, Mr Andrew Newcastle St John's
10 Synod Roll - Lay
# Name Parish 105. Thwaites, Mrs Sue Newcastle St John's 106. Beverley, Mr David New Lambton 107. Lentfer, Mrs Noelene New Lambton 108. Tomkins, Mr David New Lambton 109. Brown, Mrs Denise Raymond Terrace 110. Phillips, Mrs Lorraine Raymond Terrace 111. Scott, Mr Robert Raymond Terrace 112. McIver, Mr Brian St Albans 113. Vacant St Albans 114. Vacant St Albans 115. Cone, Mr Hugh Scone 116. Cooke, Mrs Kerry Scone 117. Daniels, Miss Natasha Scone 118. Ginns, Mr Harry Singleton 119. Love, Mrs Wendy Singleton 120. Shearer, Mrs Helen Singleton 121. Armstrong, Mrs Glenyce Southlakes 122. Thompson, Mr Michael Southlakes 123. Wooden, Mr Geoff Southlakes 124. Anderson, Mrs Yvonne Stockton 125. Pallett, Mr Harry Stockton 126. Pyke, Mrs Julie Stockton 127. Davies, Mrs Dawn Stroud 128. King, Dr Jane Stroud 129. Vacant Stroud 130. Hammond, Mrs Julie Swansea 131. Hammond, Mr Mervyn Swansea 132. Howard, Mrs June Swansea 133. Denning, Mr David Taree 134. Fenwick, Mrs Beryl Taree 135. Walker, Mr Bruce Taree 136. Vacant Telarah Rutherford 137. Duffey, Mrs Kerrie Telarah Rutherford 138. Watt, Mr Rod Telarah Rutherford 139. Fernance, Mrs Dianne Terrigal 140. Rowe, Mr Terry Terrigal 141. Taylor, Ms Coralie Terrigal 142. Alley, Mr Peter The Camden Haven 143. Falckh, Mr James The Camden Haven 144. Orchard, Mrs Penelope The Camden Haven 145. Blaiklock, Mr Graeme The Entrance 146. Evans, Ms Leisa The Entrance 147. Powter, Mrs Sara The Entrance 148. Bentham, Mr Ernest Toronto 149. Carter, Mrs Linda Toronto 150. Hulbert, Mr John Toronto 151. Attkins, Mrs Felicity Toukley Budgewoi 152. Horsey, Mrs Tracey-Lea Toukley Budgewoi 153. Strickland, Ms Tracey Toukley Budgewoi 154. Doyle, Mr Simon Wallsend 155. Elbourne, Mrs Lorraine Wallsend 156. Gibson, Mrs Claire Wallsend
11 Synod Roll - Lay
# Name Parish 157. Carloss, Ms Elizabeth Williamtown Medowie Mallabula 158. Reinhard, Mr Ken Williamtown Medowie Mallabula 159. Skelton, Mr Colin Williamtown Medowie Mallabula 160. Ashley-Brown, Mrs Robyn Windale 161. Green, Mrs Sue Windale 162. MacAskill, Ms Pam Windale 163. Anderson, Mr Greg Wingham 164. Jones, Mr Andrew Wingham 165. Yarnold, Mrs Christine Wingham 166. Ellis, Mrs Helen Wollombi Valley 167. Roe, Mrs Maria Wollombi Valley 168. Thompson, Mrs Paula Wollombi Valley 169. Dent, Mr Geoff Woy Woy 170. Hammond, Mrs Denise Woy Woy 171. Sale, Mr Barry Woy Woy 172. Vacant Wyoming 173. Harris, Mrs Elizabeth Wyoming 174. Mercier, Ms Gaye Wyoming 175. Horrocks, Mr Jeremy Wyong L/A 176. Knight, Mrs Christine Wyong 177. Maple, Dr Grant Wyong
12 Synod Roll – Statutory and Bishop’s Appointments
Persons appointed by the Bishop under Section 4(s) of the Synod Administration Ordinance 1998
1. Ms Melody Danswan 2. Mrs Mary Horn 3. Mr Jim Irwin 4. Mr Colin Johnston 5. Mrs Katherine Lindsay 6. Ms Josephine Snowdon 7. Mr Geoff Spring 8. Mrs Barbara Wattus L/A 9. Mrs Jennifer Whiteman 10. The Reverend Stephen Williams 11. Mrs Sue Williams
Statutory Appointments
1. Acting Judge Dr Christopher Chancellor Armitage 2. Mr Alan Green CEO - Newcastle Anglican Schools Corporation 3. Mr Michael Hannah Principal - Lakes Grammar - An Anglican School L/A 4. Mrs Sandra Langford Principal - Manning Valley Anglican College 5. Mr Peter Moulds Principal - Bishop Tyrrell Anglican College 6. Mrs Mary O’Leary Acting CEO - Samaritans 7. Mr Colin Osborne CEO - Anglican Care 8. Diocesan Chief Executive 9. Mr Wayne Russell Chair – Newcastle Anglican Church Corporation 10. Mr Paul Smart Principal - Scone Grammar School
13 Synod Invitees
The following persons are invited to attend and speak at Synod but may not vote
1. Ms Erica Thomas Head of School – Newcastle Grammar School 2. Ms Michelle Jarvie Newcastle Anglican Church Corporation 3. Mr Mark Hedges Newcastle Anglican Church Corporation 4. Mr Peter Francis Newcastle Anglican Church Corporation 5. Mr Richard Turnbull Newcastle Anglican Church Corporation 6. Mr Garry Whitaker Newcastle Anglican Church Corporation 7. Ms Coralie Nichols Newcastle Anglican Church Corporation 8. Mr Mark O’Connor Newcastle Anglican Church Corporation 9. The Reverend Tracey Matthews Parish of Charlestown
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Diocese of Newcastle
THIRD SESSION OF THE FIFTY-SECOND SYNOD Business Paper FRIDAY 25 OCTOBER 2019 SATURDAY 26 OCTOBER 2019 SYNOD ASSEMBLES AT 11.00AM SYNOD ASSEMBLES AT 9.30AM
1. Opening Worship
2. Roll of Bishop, Clergy and Lay Representatives
Bishop, Clergy and Lay Representatives to notify attendance
3. President to Declare Synod Constituted
4. Items Laid Upon the Table
4.1. Reports
• Diocesan Council (including Professional Standards Activity Report) • Newcastle Anglican Church Corporation • General Fund and Budget Accounts as at 31 December 2018 • Anglican Savings & Development Fund Accounts as at 31 December 2018 • Trustees of Church Property Accounts as at 31 December 2018 • Diocesan Ministry Council (including Formation and Mission Giving) • Newcastle Anglican Schools Corporation • Newcastle Anglican Schools Corporation Accounts as at 31 December 2018 • Bishop Tyrrell Anglican College • Bishop Tyrrell Anglican College Accounts as at 31 December 2018 • Lakes Grammar - An Anglican School • Lakes Grammar - An Anglican School Accounts as at 31 December 2018 • Manning Valley Anglican College • Manning Valley Anglican College Accounts as at 31 December 2018 • Scone Grammar School • Scone Grammar School Accounts as at 31 December 2018 • Anglican Care • Anglican Care Accounts as at 30 June 2018 • Samaritans Foundation • Samaritans Foundation Consolidated Accounts as at 30 June 2018 • Christ Church Cathedral Board • Christ Church Cathedral Financial Reports as at 31 December 2018 • Mission to Seafarers Newcastle • John Hunter Hospital Chaplaincy • Cessnock Correctional Centre Chaplaincy
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• Frank Baxter Youth Justice Centre • University Chaplaincy – Callaghan Campus • University Chaplaincy – Ourimbah Campus • Anglican Women of Australia - Diocese of Newcastle • Mothers' Union of Australia - Diocese of Newcastle • Anglican Men's Society • Anglican Cursillo Movement
4.2. Ordinances Passed by Diocesan Council
Ordinances passed by the Diocesan Council as listed in the Diocesan Council Report will be tabled
• Birmingham Gardens Land Sale Ordinance 2018 • Woodrising Land Sale Ordinance 2018 • New Lambton (Fleet Street) Land Sale Ordinance 2018 • St Margaret’s Jesmond Land Sale Ordinance 2018 • Diocesan Support for Redress Ordinance 2018 • Newcastle Anglican Church Redress Corporation Guarantee Ordinance 2018 • St Mark’s Church Comboyne Land Sale Ordinance 2018 • Central Mangrove Vacant Land Land Sale Ordinance 2018 • St David’s Teralba Land Sale Ordinance 2018 • St Luke’s Village Scone Leasing Ordinance 2018 • The Administration of Places of Burial Ordinance 2019 • Point Clare Land Sale Ordinance • Lockstock Land Sale Ordinance • Newcastle Anglican Church Redress Corporation Appointment and Authorisation Ordinance 2019 • Newcastle Anglican Church Corporation Ordinance Amendment Ordinance 2019 • The Samaritans Housing and NSW Land and Housing Corporation (Edgeworth Housing) Transfer Ordinance 2019 • Newcastle Grammar School Lease Consolidation Ordinance 2019 • St Andrew's Seaham Land Sale Ordinance 2019 • Weston Rectory Land Sale Ordinance 2019 • Catherine Hill Bay Land Sale Ordinance 2019 • Charlestown (St Alban's) Land Sale Ordinance 2019 • Croudace Bay Land Sale Ordinance 2019 • The New Lambton (Fleet Street) Land Sale Indemnity Ordinance 2019 • Singleton (Gibson Close) Variation of Land Sale Ordinance 2019 • Singleton (High St) Variation of Land Sale Ordinance 2019 • St John's Dyers Crossing Land Sale Ordinance 2019 • Glen William Land Sale and Boundary Adjustment Ordinance 2019 • Samaritans Housing and NSW Land and Housing Corporation (Edgeworth Housing) Transfer Ordinance Amendment Ordinance 2019 • St Johns Stratford Landsale Ordinance 2019 • St Marks Laguna Land Sale Ordinance 2019 • St Lukes Coopernook Land Sale Ordinance 2019 • St James Jerrys Plains Land Sale Ordinance 2019
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• Gundy Leasing and Land Sale Ordinance 2019 • The Closure of All Saints Close Retirement Village Trusts Ordinance 2019 • Newcastle Anglican Schools Corporation Ordinance Amendment Ordinance 2019 • Quint and O'Neill Bequests Variation of Trusts for the Parish of Woy Woy Ordinance 2019 • Professional Standards Ordinance (Change of Definition of Church Worker) Ordinance 2019
5. Presidential Addresses
5.1. Presidential Address - Dr Peter Stuart: The Bishop of Newcastle
5.2. Motion - "That the Presidential Address be received"
6. Motions and appointments of a procedural nature affecting the functioning of Synod
The President shall enquire whether there is any objection to the procedural motions 6.1, 6.2, 6.3 and 6.4 being taken formally. If there is an objection the motions will be open for debate otherwise, they will be taken without debate.
6.1. Archdeacon Arthur Copeman to move and Dean Katherine Bowyer to second:
“That so much of Standing Orders be suspended as would enable the President to invite Bishop Stephen Pickard to address the Synod.”.
6.2. Archdeacon Arthur Copeman to move and Dean Katherine Bowyer to second:
"That so much of Standing Orders be suspended as would allow changes in the order of proceedings for this Session of Synod and enable the following procedures to be adopted: a. That representatives of the media may be present at the Synod and report its proceedings except at such times as the Synod is in Committee or at other times as directed. b. That the Diocesan Budget be an order of the day for 3.45pm on Friday 25 October 2019. c. That a presentation be made to the Synod on the Diocesan Budget for 2020 by the Chief Financial Officer, Mr Glen Cousins. d. That the Clerical Ministry Ordinance Amendment (Retirement Age) Ordinance 2019 be an order of the day for 11.00am on Saturday 26 October 2019.”
6.3. Archdeacon Arthur Copeman to move and Dean Katherine Bowyer to second:
"That this Synod approves of the distribution of promotional material by the Anglican Board of Mission, Anglican Care, the Samaritans Foundation, and the Anglican Savings and Development Fund."
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6.4. Archdeacon Arthur Copeman to move and Dean Katherine Bowyer to second:
"That this Synod welcomes the Reverend Tracy Matthews to the Diocese and this session of Synod. This Synod recognises that as an incoming Rector of Charlestown Parish her name was not able to appear on the Synod Roll however invites her to be present among us with speaking rights in this session."
6.5. Archdeacon Arthur Copeman to move and Dean Katherine Bowyer to second:
"That this Synod appoints Mr Howard Benson as the Returning Officer for the remainder of this session of Synod."
7. Honorary Clerical Canonry Election
7.1 The Bishop shall declare one vacancy being the Stanton Canonry. Instructions regarding a ballot will be given.
8. Questions of which previous notice has been given to be answered
8.1 Could the Synod please be provided with the list of Churches and/or Church Properties that have been sold during the term of the 52nd Synod along with the selling prices of same.
8.2 Could the Synod please be provided with a list of what Churches and/or Church Properties are “ear marked” for possible sale during the next three years along with the expected selling price of each property.
9. Notices of Questions to be given
Any Notice of Question may only be given here by permission of a two-thirds majority of Synod (See Standing Order 27) or by leave of the President if resolution 6.2(h) is adopted by the Synod.
10. Notices of Motion to be given
Any notice of motion may only be given here by permission of a two-thirds majority of Synod. (See Standing Order 27).
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11. Diocesan Ordinances
11.1. A Bill for a Clerical Ministry Ordinance Amendment (Retirement Age) Ordinance 2019
Archdeacon Arthur Copeman to move and Bishop Charlie Murry to second:
“That the Bill for a Clerical Ministry Ordinance Amendment Ordinance (Ministry Development Review Procedures) 2018 be agreed to in principle.”
and at the appropriate time –
Archdeacon Arthur Copeman to move and Bishop Charlie Murry to second:
“That the Bill for a Clerical Ministry Ordinance Amendment (Retirement Age) Ordinance 2019 do now pass.”
11.2. A Bill for an Administration of Parishes Ordinance Amendment Ordinance 2019
Bishop Charlie Murry to move and Archdeacon Arthur Copeman to second:
“That the Bill for an Administration of Parishes Ordinance Amendment Ordinance 2019 be agreed to in principle.”
and at the appropriate time –
Bishop Charlie Murry to move and Archdeacon Arthur Copeman to second:
“That the Bill for an Administration of Parishes Ordinance Amendment Ordinance 2019 do now pass.”
11.3. A Bill for a Clergy Discipline Ordinance 2019
Bishop Charlie Murry to move and Archdeacon Arthur Copeman to second:
“That the Bill for a Clergy Discipline Ordinance 2019 be agreed to in principle.”
and at the appropriate time –
Bishop Charlie Murry to move and Archdeacon Arthur Copeman to second:
“That the Bill for a Clergy Discipline Ordinance 2019 do now pass.”
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12. Private Member Ordinances (Order of the Day – Saturday 11am)
12.1. A Bill for a Clergy Discipline Ordinance Amendment Ordinance 2019
Dean Katherine Bowyer to move and Mrs Lyn Wickham to second:
“That the Bill for a Clergy Discipline Ordinance Amendment Ordinance 2019 be agreed to in principle.”
and at the appropriate time –
Dean Katherine Bowyer to move and Mrs Lyn Wickham to second:
“That the Bill for a Clergy Discipline Ordinance Amendment 2019 do now pass.”
12.2. A Bill for a Blessing of Persons Married According to the Marriage Act Regulation 2019
The Reverend Janet Killen to move and the Reverend Doug Morrison-Cleary:
“That the Bill for a Blessing Regulation 2019 be agreed to in principle.”
and at the appropriate time –
The Reverend Janet Killen to move and the Reverend Doug Morrison-Cleary:
“That the Bill for a Blessing Regulation 2019 do now pass.”
(Order of the Day – Friday 3.45pm) 13. Budget for Diocesan Ministries 2020
The Synod may adopt the budget for Diocesan Ministries or refer it back to the Diocesan Council. When adopting or referring the budget for Diocesan Ministries it may do so with or without recommendations (Diocesan Council Ordinance 1929)
The Chief Financial Officer Mr Glen Cousins will make a presentation on the Diocesan Budget for 2020.
13.1. Bishop Sonia Roulston to move and Mr Wayne Russell to second:
“That the Budget for Diocesan Ministries for 2020 be adopted without recommendations”.
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14. The President will read over the Business Paper to determine which motions shall be taken as formal
• If Item 6.1(f) is carried, the president may invite the mover to speak for 5 minutes otherwise Standing Order 28 shall apply.
• Standing Order 28: Before the Orders of the Day or motions are proceeded with the President at each sitting shall read over the motions on the business paper, and any motion may be taken as a formal motion unless objection be taken thereto by the word "object", being called, by a person other than the mover and seconder and such motion on being declared formal shall be forthwith put from the chair without debate.
15. General Motions for which notices has been given
15.1. 35th Anniversary of the Samaritans Foundation
The Reverend Stephen Williams to move and Archdeacon Rod Bower to second:
“On October 14, 1984 the Synod of the Anglican Diocese of Newcastle founded the Samaritans Foundation as the social welfare arm of the Diocese.
As Samaritans marks its 35th anniversary, this Synod: 1. Gives thanks for the work of Samaritans Foundation; 2. Recognises and gives thanks for the deep commitment of this Diocese to social caring ministry in the name of Christ, including a long tradition of community welfare projects and advocacy out of which Samaritans Foundation arose. 3. Acknowledges the commitment and dedication of Anglicans who have worked with other people of good will to strengthen and extend the community development and caring work of the Diocese through Samaritans Foundation. 4. Recognises the contribution of Samaritans Boards and CEO’s and currently of over 800 staff and 450 volunteers who offer care and support to thousands of people in our local communities every year. 5. Gives thanks for Parish partnerships and other significant ways that Parishes and individuals throughout the Diocese share in and contribute to the ministry of Samaritans. 6. Gives thanks for Anglicans and others whose financial, voluntary, in-kind and partnership gifts have strengthened Samaritans ministry through these 35-years. 7. Affirms its commitment to ongoing support of Samaritans as we seek through their ministry to provide respectful, safe, unconditional, quality care and advocacy for people in need. 8. Prays that God will guide and bless the work of Samaritans as they express the mission of God and the Church.”
21 Version 9 Third Session of the Fifty-Second Synod 25 and 26 October 2019
Business Paper
15.2. Motion of thanks to the Samaritans Foundation for their work on Domestic and Family Violence
The Reverend Michelle Hazel-Jawhary to move and Archdeacon Rod Bower to second:
“This Synod acknowledges and gives thanks for the continuing work of the parishes of the Diocese in collaboration with the Samaritans in relation to Recognising Respectful Relationships and standing against Domestic and Family Violence.
This Synod: 1. Re-affirms the resolution of the Synod in 2015 (below) 2. Requests every parish to support the “Thursdays in Black” initiative of the World Council of Churches to overcome gender based violence in support of a World without Rape and Violence; 3. Requests every parish to support White Ribbon, Australia’s campaign to prevent Men’s violence against women including activities promoting White Ribbon Day on 22nd November 2019 and the taking of the White Ribbon Oath; and 4. Requests the Diocesan Council to again write to the Premier and Prime Minister requesting additional funding for support services; legal services and affordable housing for those escaping Domestic and Family violence.”
15.3. Motion of thanks to the Newcastle Anglican Schools Corporation
Archdeacon Rod Bower to move and Dean Katherine Bowyer to second:
“That the Synod of the Diocese of Newcastle: 1. Gives thanks for the work of the Newcastle Anglican Schools Corporation. 2. Affirms the NASC Christian Ethos Statement. 3. Commends the NASC for recognising that every person is created in the image of God and for being welcoming of families from all backgrounds while helping students to build respectful relationships with one another. 4. Celebrates that students will experience our schools as a safe place to explore their identity, vocation and purpose.”
15.4. Motion to welcome and care for refugees
Archdeacon Rod Bower to move and Dean Katherine Bowyer to second:
“That the Synod of the Diocese of Newcastle: 1. Recognises the ever-present theme in Holy Scripture of welcoming and caring for the stranger. 2. Calls upon the Parliament of the Commonwealth of Australia to develop more humane and life enhancing policies to meet the Refugee crisis. 3. Asks that the content of this motion be communicated to the Prime Minister.”
22 Version 9 Third Session of the Fifty-Second Synod 25 and 26 October 2019
Business Paper
16. Reports and Finance
16.1. Diocesan Council
Bishop Charlie Murry to move and Mr Phillip Weston to second:
"That the Report of the Diocesan Council be received."
16.2. Newcastle Anglican Church Corporation
Mr Wayne Russell to move and Bishop Charlie Murry to second:
"That the Report of the Newcastle Anglican Church Corporation including the report of the Anglican Savings and Development Fund and the Trustees of Church Property, the accounts of the General Fund 2018; the accounts of the Anglican Savings and Development Fund 2018 and the accounts of the Trustees of Church Property 2018 be received."
16.3. Diocesan Ministry Council
Mrs Sue Williams to move and Bishop Sonia Roulston to second:
"That the Report of the Diocesan Ministry Council, the Report from the Director of Formation and the 2018 Mission Giving Statement be received."
16.4. Diocesan Schools
Mr Alan Green to move and The Reverend Scott Dulley to second:
"That the Report of the Newcastle Anglican Schools Corporation; the Accounts of the Newcastle Anglican Schools Corporation 2018; the Report of Bishop Tyrrell Anglican College; the Accounts of Bishop Tyrrell Anglican College; the Report of Lakes Grammar - An Anglican School; the Accounts of Lakes Grammar - An Anglican School 2018; the Report of Manning Valley Anglican College; the accounts of Manning Valley Anglican College 2018; the Report of Scone Grammar School and the Accounts of Scone Grammar School 2018 be received."
16.5. Anglican Care
Mr Colin Osborne to move and The Reverend Andrew Harrison to second:
"That the Report of Anglican Care - Aged Care Ministry and the Accounts of Anglican Care 2018 be received."
16.6. The Samaritans Foundation
Archdeacon Rod Bower to move and Dean Katherine Bowyer to second:
"That the Report of the Samaritans Foundation and Accounts of the Samaritans Foundation 2018 be received."
23 Version 9 Third Session of the Fifty-Second Synod 25 and 26 October 2019
Business Paper
16.7. Christ Church Cathedral
Dean Katherine Bowyer to move and Mr Phillip Weston to second:
"That the Report of the Christ Church Cathedral Board be received."
16.8. Chaplaincies
The Reverend Di Langham to move and The Reverend Roger Zohrab to second:
"That the Report of the Mission to Seafarers Newcastle; the Report of the Hospital Chaplaincy for the John Hunter Hospital; the Report of the Cessnock Correctional Centre Chaplaincy; the Report of the Frank Baxter Youth Justice Centre; the Report of the University Chaplaincy – Callaghan Campus; and the Report of the University Chaplaincy – Ourimbah Campus be received."
16.9. Anglican Organisations and Bodies
Bishop Sonia Roulston to move and Mrs Lyn Wickham to second:
"That the Report of Anglican Women of Australia - Diocese of Newcastle; the Report of Mothers' Union Australia - Diocese of Newcastle; the Report of Anglican Men's Society and the Report of the Anglican Cursillo Movement be received."
17. Motions of Thanks
18. Prayers
19. Adjournment
24 Version 9 A BILL FOR A CLERICAL MINISTRY ORDINANCE AMENDMENT (RETIREMENT AGE) ORDINANCE 2019
Explanatory Memorandum
During the 2018 Diocesan Synod a conference session discussed removing compulsory retirement age for officeholders. This discussion arose from the fact that community expectations around retirement have changed and there is Australian anti-discrimination legislation covering this area. A significant majority of the 2018 Synod indicated that age is no longer the appropriate trigger for retirement, if it ever was. This Bill removes compulsory retirement age for officeholders, while putting in place an appropriate mechanism for reviewing ministry.
This Bill provides that when an officeholder reaches the Pension Age the Bishop may seek advice about the officeholder’s ongoing ministry from the Ministry Extension Board. Such advice would consider the health, discipline and ministry development requirements of the office. The Bishop may, but is not required to, seek this advice on her/his own initiative or at the request of the Deploying Body or Diocesan Council. The Ministry Extension Board may only be asked to make a recommendation regarding an officeholder once in every 24 month period. The Bishop may, but is not required to, enact any recommendation of the Ministry Extension Board. The Bishop communicates any decision to the officeholder.
This Bill also removes the compulsory retirement age for the Bishop. Under this Bill when the incumbent Bishop reaches the Pension Age, the Chancellor convenes and chairs a meeting of the Bishop Nomination Board, which then recommends whether the Bishop should or should not continue in the office. This view is communicated by the Chancellor to the Primate who decides and communicates with the Bishop.
The Bill
Be it ordained by the Synod of the Diocese of Newcastle of the Anglican Church of Australia as follows: 1. This Ordinance may be cited as the Clerical Ministry Ordinance Amendment (Retirement Age) Ordinance 2019
Removing compulsory retirement for officeholders
2. The Clerical Ministry Ordinance 2009 is amended in the following way:
a. In clause 6: i. the definition for “retirement age” in subclause 6(dd) is deleted; and ii. the following definition is inserted : “Pension Age has the meaning prescribed in s23 of the Social Security Act 1991 (Cth)”
b. Clause 9(f) is repealed and replaced with the words: “receives a determination that his or her ministry is to conclude in accordance with Part 15 of this Ordinance;”
c. In clause 30 the term “retirement age” is replaced with the term “Pension Age”
d. In clause 33(f) the term “retirement age” is replaced with the term “Pension Age”
25 Clerical Ministry Ordinance Amendment (Retirement Age) Ordinance 2019
e. In clause 37(a) the reference to “clause 89d” is replaced with the a reference to “clause “88d”
f. In clause 193(b) the term “retirement age” is replaced with the term “Pension Age”
g. Clauses 198 to 201 are repealed.
h. Clause 205 is repealed and replaced with the following:
“No person may act as a member of the Board if:
(a) the office of that person is being reviewed; or
(b) continuing to act as a member of the Board would be reasonably perceived by a member of this Church as constituting an actual or perceived conflict of interest.”
i. Clause 206 is repealed and replaced with the following:
“(1) The Bishop on the request of the Deploying Body, the Diocesan Council or at his/her own initiative may request that the Ministry Extension Board meet to provide advice about the ongoing ministry of an officeholder provided that: (a) a request may only be made once an officeholder has reached the Pension Age; and (b) a request may only be made once in every 24 month period.
(2) Where the Bishop makes a request in accordance with clause 206(1) he/she shall advise the officeholder in writing and advise the officeholder that he/she: (a) may make a submission in writing, not exceeding a reasonable length, to the Ministry Extension Board; (b) must undergo a medical examination by a medical practitioner chosen by the officeholder from the Medical Panel the results of the medical examination being made available to the Ministry Extension Board and the Bishop; (c) will provide the Ministry Extension Board with a summary of any formal findings against the officeholder by a Diocesan Tribunal, a Professional Standards Board or a Bishop where the Bishop has exercised a role of direction in relation to a Diocesan Code of Conduct; (d) will provide the Ministry Extension Board with a copy of the officeholders Ministry Development Review for the preceding 3 years together with a copy of the officeholder’s participation in professional supervision for the preceding 3 years.
(3) The Board must meet to determine whether it shall recommend to the Bishop that an officeholder who has reached Pension Age is either: (a) complying with the requirements of this Ordinance and is able to continue to exercise the functions of his/her office with or without reasonable adjustment; or (b) failing to comply with the requirements of this Ordinance and/or requires adjustments to continue to undertake his/her office which the Board believes are unreasonable
26 Clerical Ministry Ordinance Amendment (Retirement Age) Ordinance 2019
and shall advise the Bishop of such recommendation in writing.
(4) In making any determination in accordance with clause 206(3) above, the Board shall consider the following: a) the inherent health requirements of the office which the officeholder holds; b) the report of the medical examination obtained in accordance with clause 206(2)(b); c) the information provided by the Bishop in accordance with clause 206(2)(c) and (d); and d) any submission from the officeholder.
(5) The Board must undertake its work in accordance with any guidelines determined by the Diocesan Council with the concurrence of the Bishop.
j. In clause 207 the reference to “twenty one days” is replaced with a reference to “forty two days”.
k. Clause 208 is repealed and replaced with: “The Board may recommend that the Bishop issue a notice to an officeholder that his or her term of office will expire on a specified date being not less than 13 weeks and not more than 26 weeks from the date the Bishop notifies the officeholder. The Board shall advise the Bishop of this view and shall provide a copy of any information on which the Board has relied in reaching that decision.” l. Clause 209 is repealed and replaced with: “The Bishop is not bound to accept the recommendation of the Board but may not issue a notice in accordance with clause 208 without a recommendation to that effect from the Board.” m. Clause 210 is repealed and replaced with: “The Bishop shall advise the officeholder of the outcome of the Board and his/her decision. The Bishop is not required to give reasons for his/her decision”. n. Clause 211 is repealed and replaced with: “Where the Bishop does not issue a notice concluding an officeholders ministry, the Bishop shall advise the officeholder in writing the date on which a Ministry Extension Board can be convened again.”
Removing compulsory retirement for the Bishop
3. The Clerical Ministry Ordinance 2019 is amended by the repeal of clause 95 and the insertion of :
(a) Upon the Bishop reaching Pension Age: i. the Chancellor shall consult with the Primate about the inherent health requirements relating to the office of Bishop of Newcastle; ii. the Chancellor shall obtain from the Episcopal Standards Director a record of any findings against the Bishop by a Special Tribunal, a Diocesan Tribunal, an Episcopal Standards Board or a Professional Standards Board; iii. the Chancellor shall obtain a copy of the Bishop’s Ministry Development Review for the preceding three years and a
27 Clerical Ministry Ordinance Amendment (Retirement Age) Ordinance 2019
copy of the record of professional supervision completed by the Bishop; iv. The Chancellor shall convene the Bishop Nomination Board; v. The Bishop must undergo a medical examination by a medical practitioner chosen by the Bishop from the Medical Panel. (b) At the meeting of the Bishop Nomination Board: i. The Chancellor shall convey any advice of the Primate in relation to the inherent health requirements relating to the office of the Bishop of Newcastle; ii. the Board shall consider: 1. the inherent health requirements of the office the Bishop of Newcastle as advised by the Primate; 2. the report of the medical examination obtained in accordance with clause 95(a)(iii); 3. the information obtained by the Chancellor in accordance with clause 95(a); and 4. any submission from the Bishop; iii. the Board shall then determine whether to recommend the continuation of the incumbent Bishop’s episcopate; iv. should the Bishop Nomination Board form the view that the Bishop is no longer able to fulfil the functions of his or her office, the Chancellor shall convey that view to the Primate, together with a copy of any information on which the Board has relied; (c) The meeting of the Bishop Nomination Board shall be chaired by the Chancellor of the Diocese (as defined by clause 73) (d) Following the meeting convened by the Bishop Nomination Board in accordance with clause 95(b), the Primate shall be notified in writing of any recommendation of the Bishop Nomination Board; (e) If the Bishop Nomination Board recommends that the incumbent Bishop’s term of office should continue and the Primate accepts this recommendation, the Primate shall notify the incumbent Bishop accordingly and the process set out in clauses 95(1) and (2) shall be repeated again two years from the date of the Primate’s notification under this clause; (f) If the Bishop Nomination Board recommends that the Bishop’s term of office should not continue, and the Primate concurs with this recommendation, the Primate shall notify the Bishop in writing that his or her term of office will expire on a specified date being not less than 13 weeks and not more than 26 weeks from the date the Primate notifies the Bishop; and (g) In making any decision for the purposes of this clause 95, the Primate: i. is under no obligation to follow a recommendation of the Bishop Nomination Board that the Bishop’s term of office should not continue; ii. must follow a recommendation of the Bishop Nomination Board that the Bishop’s term of office continue; and the Primate must notify the Bishop of any such decision in writing.”
28 Clerical Ministry Ordinance Amendment (Retirement Age) Ordinance 2019
I HEREBY CERTIFY the Ordinance as printed is in accordance with the Ordinance as reported.
Mr Geoffrey Spring Chair of Committees
Passed by Synod on 25 October 2019
The Reverend Scott Dulley Clerical Secretary of Synod
Mrs Wendy Armstrong Lay Secretary of Synod
THE ASSENT of Peter Derrick James Stuart, Bishop of the Diocese was given to the above Ordinance on ______in the Eleventh year of our Consecration.
PRESIDENT
29 A BILL FOR AN ADMINISTRATION OF PARISHES ORDINANCE AMENDMENT (AUDIT AND REVIEW) ORDINANCE 2019
Explanatory Memorandum
This Bill proposes a change to the arrangements for parish audits. If adopted, a parish will only be required to seek a review of annual financial statements if the annual income for the parishes is less than $250,000. Parishes with income in excess of $250,000 will be required to undertake an audit as will parish organisation earning in excess of $50,000. The Bill makes provision for a parish to be directed to undertake an audit.
The Bill
Be it ordained by the Synod of the Diocese of Newcastle of the Anglican Church of Australia as follows
1. This Ordinance may be cited as the Administration of Parishes Ordinance Amendment (Audit and Review) Ordinance 2019.
2. The Principal Ordinance is the “Administration of Parishes Ordinance 2010”
3. The Principal Ordinance is amended in the following way - a. Section 3 is amended by a. Deleting the definition of “auditor” and replacing it with: “Auditor means a person qualified to undertake an Audit as defined in the Australian Charities and Not for Profits Commission Act 2012 (Cth)” b. Inserting a definition of “Exempt Parish”: “Exempt Parish means a Parish which been determined by the Diocesan Council to be exempt from an Audit or Review in accordance with this Ordinance” c. Inserting a definition of “Expenditure”: Expenditure means in respect of a Financial Year, all money spent, expended, or committed by a Parish or Parish Organisation within that Financial Year, and includes all money from whatever source expended on behalf of or for the purposes of or in connection with a Parish or Parish Organisation, its activities or its ministry and includes any ex- gratia payments made by the Parish d. Inserting a definition of “Financial Reports” Financial Reports means the minimum financial reporting requirements required to be completed by each Parish at least annually in accordance with this Ordinance e. Inserting a definition of “Financial Year” Financial Year has the same meaning as in section 69 of this Ordinance; f. Inserting definition of “Income”: Income means, in respect of a Financial Year, all money received, raised by or contributed to or endowed upon a Parish or Parish Organisation within that Financial Year, and includes all money from whatever source received on behalf of or for the purposes of or in connection with a Parish or Parish Organisation, its activities or its ministry, not being sums to which section 87 apply; g. Inserting a definition of “Nett Income”: Nett Income means, in respect of a Financial Year, the difference between the Parish Income and Parish Offsets for that Financial Year;
30 Administration of Parishes Ordinance Amendment (Audit and Review) Ordinance 2019
h. In the definition of “Parish Contribution” deleting “part 10” and inserting “part 9”. i. Inserting a definition of “Parish Offsets”: Parish Offsets means, in respect of a Financial Year such expenditure within that Financial Year for specific purposes as Diocesan Council shall prescribe. j. Inserting a definition of “Review”: Review has the meaning defined in the Australian Charities and Not for Profits Commission Act 2012 (Cth). k. Inserting a definition of “Reviewer”: Reviewer means a person qualified to undertake a Review as defined in the Australian Charities and Not for Profits Commission Act 2012 (Cth). l. Inserting a definition of “Standard Chart of Accounts”: Standard Chart of Accounts means a listing of all accounts used in the general ledger of a Parish in a standard format as approved by the Diocesan Chief Executive from time to time. m. Inserting a definition of “Statement of Exemption”: Statement of Exemption means a statement issued by the Diocesan Chief Executive confirming that the Diocesan Council has exempted the Parish from Audit or Review.
b. In Section 9 deleting “section 107” and inserting “section 110”.
c. In section 29 deleting “section 26” and inserting “section 27”.
d. In Sub-Section 44(d) deleting sub section 44(d)(v) and inserting:
“v. the presentation of the Financial Reports of: a. the Parish which is an Exempt Parish together with a Statement of Exemption from the Diocese Chief Executive; b. the Parish together with the report of the Auditor or Reviewer; c. any Parish Organisation with Income less than $50,000 with: i. a report from the Reviewer where the Parish Council has required an Audit or Review of the Parish Organisation; or ii. a declaration from the Parish Council that it has not required an Audit or Review of the Parish Organisation; d. any Parish Organisation with income in excess of $50,000 together with the report of a Reviewer.”
e. By deleting sub-section 44(d)xii and inserting “xii. Where the Income of the parish exceeds $250,000 or is budgeted to exceed $250,000 in the ensuing Financial Year, the election of an Auditor and where the Income of the Parish is less than $250,000 and the Parish is not an Exempt Parish, the election of a Reviewer. The Auditor or Reviewer must be a person qualified in accordance with the requirements of the Ordinance, who shall hold office until the next annual general meeting; and”
f. By deleting sub-section 45(b) and inserting: “(b) the Financial Reports of the Parish together with the report of the Auditor, or the Reviewer or a Statement of Exemption; and”
g. By deleting section 47 and inserting: “47. Where a Parish holds its annual general meeting at a time when the
31 Administration of Parishes Ordinance Amendment (Audit and Review) Ordinance 2019
Financial Reports for the Financial Year have not been prepared as prescribed by this Ordinance, these shall be presented to a Special General Meeting of Electors within four weeks of receipt of the report of the Auditor or Reviewer or the declaration of the Diocesan Chief Executive being received by the Parish Council Treasurer.”
h. In section 55(b), by deleting “financial statements, audit” and inserting: “Financial Reports, Audit or Review”
i. In section 71(b), replacing “other authorised signatories” with “the persons authorised by the Parish Council or Parish Organisation”.
j. By Deleting Sections 74, 75, 76, 77, 78 and 79 and inserting :
“74. The Parish Council Treasurer will prepare or cause to be prepared the annual Financial Reports of the Parish for each Financial Year. These Financial Reports:
a) should be prepared as “Special Purpose Financial Reports” in accordance with the guidelines issued by the Australian Charities and Not for profits Commission; b) must contain the following information as a minimum: i. a “Statement of Surplus or Deficit” which includes a summary which gives a true and fair view of all Income received by the Parish and all Expenditure made by the Parish during the Financial Year. ii. a statement of all assets and liabilities of and in connection with the Parish as at the end of the Financial Year that gives a true and fair view of the state of affairs of the Parish at the end of that Financial Year; iii. a description of any incoming receipts which represent capital, according to whether or not that capital is a permanent endowment; and iv. such other information or disclosures as determined from time to time by the Board of the Newcastle Anglican Church Corporation; and c) be accompanied by a statement from the Parish Financial Treasurer confirming that to the best of his or her knowledge and belief the Accounting records have been maintained in accordance with the requirements of this Ordinance and Section 10 of the Parish Handbook.
Parish Accounting Records to be Audited or Reviewed
74A. The Diocesan Council may exempt a Parish from the requirement to undertake an Audit or Review where the Parish maintains its accounting records utilising accounting software approved by the Diocesan Chief Executive, maintains its accounting records utilising the Standard Chart of Accounts approved by the Diocesan Chief Executive, and meets such other conditions for exemption from Audit or Review as may be determined by the Board of the Newcastle Anglican Church Corporation.
74B. The Audit or Review of the finances of the Parish shall be undertaken in the following manner: a) where a Parish has Income in excess of $250,000 in any Financial
32 Administration of Parishes Ordinance Amendment (Audit and Review) Ordinance 2019
Year an Audit of the Parish shall be undertaken as an Audit of a medium sized charity in accordance with the Australian Charities and Not for profits Commission Act 2012; b) where a Parish has Income less than $250,000 and is not an Exempt Parish, a Review of the Parish shall be undertaken as a Review of medium sized charity in accordance with the Australian Charities and Not for profits Commission Act 2012; c) where a Parish has Income less than $250,000 and has been determined to be an Exempt Parish, it will not be required to undertake an Audit or Review; and d) where the Income of a Parish Organisation exceeds $50,000 or where the Parish Council has determined that the finances of the Parish Organisation be reviewed, a Review of the Parish Organisation shall be undertaken as a Review of a medium sized charity in accordance with the Australian Charities and Not for profits Commission Act 2012.
74C. The Parish Council Treasurer and the treasurer of every other Parish Organisation which is required to undertake an Audit or Review shall submit to the Auditor or Reviewer the Financial Reports, accounting records statements and books, vouchers and other documents and such evidence relating thereto as the Auditor or Reviewer may require.
Auditors or Reviewers report to be considered by relevant body and by the Annual General Meeting
75. The report of the Auditor or Reviewer or the declaration from the Diocesan Chief Executive shall be tabled at the meeting next before the annual general meeting of the Parish Council for perusal before the annual general meeting.
Financial Report and Auditors Report to be circulated amongst Electors
76. The Parish Council shall ensure that the annual general meeting receives:
a. the annual Financial Reports of the Parish; b. the report of the Auditor or Reviewer, if required and c. a copy of the budget for proposed Income and Expenditure for the current Financial Year.
Consideration of Financial Report and Auditors or Reviewers reports may be adjourned for further information
77. The annual general meeting shall receive such Financial Reports and the report or the Auditor or Reviewer or any declaration from the Diocesan Chief Executive and may adjourn for the purpose of further considering the same provided however the annual general meeting may require the Parish Council or Parish Organisation or the incoming Parish Council or Parish Organisation to provide further information.
Financial Reports to be submitted to the Diocesan Chief Executive
78. The Parish Council shall forward one copy of the Financial Report together with the report of the Auditor or Reviewer to the Diocesan Chief
33 Administration of Parishes Ordinance Amendment (Audit and Review) Ordinance 2019
Executive within seven days of the annual general meeting.
Bishop and Diocesan Chief Executive may refer Financial Reports for further consideration
79. The Bishop or the Diocesan Chief Executive may refer the Financial Reports tendered to the annual general meeting back to the Parish Council or the Auditor or the Reviewer for a further report, explanation or information and such Parish Council, Auditor, or Reviewer shall report and supply such further information requested, notwithstanding that the term of office of one of the parties shall have ended.”
I HEREBY CERTIFY the Ordinance as printed is in accordance with the Ordinance as reported.
Mr Geoffrey Spring Chair of Committees Passed by Synod on 25 October 2019
The Reverend Scott Dulley Clerical Secretary of Synod
Mrs Wendy Armstrong Lay Secretary of Synod
THE ASSENT of Peter Derrick James Stuart, Bishop of the Diocese was given to the above Ordinance on ______in the Eleventh year of our Consecration.
PRESIDENT
34 A BILL FOR A CLERGY DISCIPLINE ORDINANCE 2019
EXPLANATORY MEMORANDUM
This Bill proposes the replacement of the Clergy Discipline Ordinance 1966, which has been amended many times, with a new Ordinance. The new Ordinance creates provisions to reflect amendments to the Constitution of the Anglican Church of Australia and provides for practical improvements to operational provisions derived from recent experiences in the prosecution of clergy disciplinary matters.
Of particular note is the creation of a Clergy Discipline Panel appointed by Synod from which members are appointed to the Board of Enquiry that will consider whether charges against clergy may be referred to the Diocesan Tribunal. The new ordinance updates procedures for the conduct of Diocesan Tribunal hearings and for the Bishop’s consideration of any recommendation arising from any decision of the Diocesan Tribunal. Under the new ordinance, the Bishop is not obligated to adopt any recommendation of the Diocesan Tribunal and, whilst there is a right of appeal from any decision of the Diocesan Tribunal, there is no right of appeal from any decision of the Bishop.
THE BILL
AN ORDINANCE providing for the Trial of Members of the Clergy for Ecclesiastical and Other Offences.
BACKGROUND
WHEREAS it is expedient to provide for the trial for ecclesiastical or other offences of persons in holy orders licensed by the Bishop of Newcastle and of other persons in holy orders resident in the Diocese of Newcastle.
BE IT THEREFORE ORDAINED by the Synod of the Diocese of Newcastle of the Anglican Church of as follows:-
PART 1 - PRELIMINARY
1. (1) This Ordinance may be cited as the "Clergy Discipline Ordinance 2019". (2) The Clergy Discipline Ordinance 1966 is in this clause referred to as the former Ordinance. (3) The former Ordinance is hereby repealed. (4) The repeal effected by sub-clause (3) of this clause shall not affect any investigation, trial, proceeding or remedy in respect of any right, privilege, obligation, liability, penalty, forfeiture, sentence or punishment and any such investigation, trial, proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture, sentence or punishment may be imposed as if this Ordinance had not been made.
2. The Offences Canon of General Synod as approved by the General Synod in the period 1966 – 2017 is adopted as the Offences Canon for the Diocese of Newcastle together with such other amendments to that Canon as are adopted by Ordinance.
3. This Ordinance is divided into Parts as follows:-
Part I - Preliminary (Clauses 1-4) Part II - Charges (Clauses 5-9) Part III – The Clergy Discipline Panel (Clauses 10-14) Part IV - The Board of Enquiry (Clause 15) Part V - Procedure as to Charges (Clauses 16-24)
35 Clergy Discipline Ordinance 2019
Part VI – Procedure for Suspension by the Bishop (Clauses 25-27) Part VII - Diocesan Tribunals (Clauses 28-29) Part VIII – Conduct of Hearings of Diocesan Tribunal (Clauses 30-37) Part IX - Decisions, Recommendations and Sentence (Clauses 38-47) Part X - Costs (Clause 48) Part XI - Appeal (Clause 49- 50) Part XII – Records (Clauses 51-53) Part XIII - Miscellaneous (Clauses 54-57)
4. (3) (1) In this Ordinance (including this clause of this Ordinance) unless the context or subject matter otherwise requires or indicates:
"accused" means a member of the clergy to whom this Ordinance applies against whom a charge is made. "the Advocate" means the Advocate of the Diocese appointed pursuant to this Ordinance. "the appellate tribunal" means the appellate tribunal constituted by and under the Constitution of the Anglican Church of Australia. "the Bishop" means the Bishop of Newcastle or the Commissary of the Bishop of Newcastle during the absence of the Bishop from the Diocese or the Administrator of the Diocese during a vacancy in the See. "the Board" means the Board of Enquiry constituted as provided by this Ordinance. "the Chancellor" means the Chancellor of the Diocese. "ceremonial" includes ceremonial according to the use of the Church and also the obligation to abide by such use. “Constitution” means the Constitution of the Anglican Church of Australia "charge" means a charge made pursuant to this Ordinance. "the Church" means the Anglican Church of Australia. "diocesan tribunal" or "tribunal" means a diocesan tribunal constituted as provided by this Ordinance. "the Diocese" means the Diocese of Newcastle. “the Director of Professional Standards” means the Director of Professional Standards appointed in accordance with the Professional Standards Ordinance 2012. "discipline" includes the rules of the Church and the rules of good conduct. "doctrine" means the teaching of the Church on any question of faith. "faith" includes the obligation to hold the faith. "informant" means a person who makes a charge as referred to in clause 6(2) and where a charge is made by more than one person "the informant" means "each of the informants". "licence" means a licence under seal of the bishop or the seal of the Diocese and "licensed" has a meaning corresponding with that of licence. "member of the Church" means a baptised person who attends the public worship of the Church and who declares that he or she is a member of the Church and not a member of any other church. "member of the clergy to whom this Ordinance applies" means a person licensed by the Bishop or any other person in holy orders resident in the diocese "offence" means any of the following: (a) breach of faith ritual ceremonial or discipline; (b) an offence specified in the Offences Canon 1962; or (c) conviction of any offence punishable by imprisonment of 12 months or more if the offence was committed in New South Wales or if the offence was committed outside New South Wales, such offence would be so punishable had it been committed within New South Wales. “Offences Canon” means the Offences Canon 1962 of the General Synod as amended by the General Synod where such amendments are in force in the Diocese of Newcastle
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“panel” mean the Clergy Discipline Panel constituted as provided by this Ordinance "parish" means a parish as defined by the Administration of Parishes Ordinance 2010. "parishioner" means a member of the Church who is an elector of a parish. “permission to officiate” means a document issued under the seal of the Bishop or the seal of the Diocese which permits a member of the clergy to exercise ministry. "Tribunal Secretary" means the person appointed by the Diocesan Council to the Secretary of the Diocesan Tribunal. "ritual" includes rites according to the use of the Church and also the obligation to abide by such use. "the Synod" means the Synod of the Diocese. (2) In this Ordinance a reference to faith includes a reference to doctrine. (3) In this Ordinance a reference to a Schedule is a reference to a Schedule to this Ordinance and a reference to a clause is a reference to a clause of this Ordinance.
PART II - CHARGES
5. (1) A charge as to the commission of an offence may be made under this ordinance against any member of the clergy to whom this Ordinance applies.
(2) Every such charge shall be dealt with as provided by this Ordinance.
6. For the purposes of this Part the presenting of a charge to the Tribunal Secretary which complies with the requirements of this Ordinance as to the making of charges shall constitute the making of that charge.
7. (1) A charge of breach of faith ritual or ceremonial may be made:
(a) against an incumbent of a parish with reference to an offence alleged to have been committed within that parish only by:
(i) a person appointed by the Bishop; or
(ii) any five adult communicant members of the Church who are both resident within the diocese and also bona fide parishioners of that parish; and.
(b) in any other case - only by:
(i) a person appointed by the Bishop; or
(ii) any five adult communicant members of the Church who are resident within the diocese.
(2) A charge of an offence other than breach of faith, ritual or ceremonial may be made by:
(a) a person appointed by the Bishop; or
(b) any other adult member of the church resident within the diocese; or
(c) the Director of Professional Standards
8. (1) A charge of breach of faith ritual or ceremonial may only be made within one year after the alleged commission of the alleged breach.
(2) There shall be no time limit for the making of any charge other than for breach of faith, ritual or ceremonial.
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9. (1) Every charge shall be made by written instrument in or to the effect of the form set out in Schedule A signed by the informant. The informant may sign separate instruments and the separate instruments shall be read together.
(2) Every charge shall be accompanied by any supporting documents that shall be attached.
(3) Every charge shall be presented by the informant to the Tribunal Secretary who shall then refer each charge to the Bishop who shall then deal with each charge in accordance with clause 16 or 17 (as applicable).
PART III – THE CLERGY DISCPLINE PANEL
10. At the first session of every Synod, the Synod shall elect from the members of the Synod:
(a) four female members of the clergy; (b) four male members of the clergy; (c) four female members of the laity; and (d) four male members of the laity
to the Clergy Discipline Panel.
11. A member of the Panel shall hold office until the conclusion of the first session of that Synod which next follows his or her election or appointment as a member of the Panel.
12. The office of a member of the Panel shall be vacated if he or she:
(a) ceases to be a member of Synod; or (b) resigns his or her office; or (c) refuses or neglects to act in his or her office; or (d) becomes in the opinion of the Bishop incapable of acting in his or her office and is given notice accordingly in writing by the Bishop; or (e) is charged under this Ordinance with an offence; or (f) is removed from office in accordance with any Ordinance of the Synod
13. If a member of the Panel dies or the office of a member of the Panel is vacated, the Diocesan Council may appoint a member of the Synod to be a member of the Panel in his or her place.
14. The Diocesan Council may appoint a member of the Synod to fill any vacancy in the membership of the Panel but may appoint only a member of the clergy in place of a member of the clergy and only a lay person in place of a lay person.
PART IV - THE BOARD OF ENQUIRY
15. (1) There shall be a Board of Enquiry constituted as provided for in this Part.
(2) The Board shall consist of three members: a Board Chair, a member of the clergy appointed by the Tribunal Secretary from the Panel and a lay member appointed by the Tribunal Secretary from the Clergy Disciplinary Panel. At least one member of every Board shall be female and at least one member of every Board shall be male.
(3) The Bishop shall appoint a lawyer who has held judicial office or who is or has been eligible for appointment to judicial office in NSW person to be the Board Chair.
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PART V - PROCEDURE AS TO CHARGES
16. (1) This clause shall apply only where the charge is a charge of breach of faith, ritual or ceremonial and is not made by a person appointed by the Bishop.
(2) When the charge is presented to the Bishop, the Bishop shall determine in his or her absolute discretion whether the requirements of clause 7(1) and 8(1) have been satisfied.
(3) If the Bishop determines that the charge does not satisfy the requirements of clauses 7(1) and/or 8(1), the informant shall be notified of the Bishop’s determination by the Tribunal Secretary and the reasons for that determination. Thereafter, no further action shall be taken under this Ordinance with respect to that charge unless and until the requirements of clauses 7(1) and or 8(1) are satisfied.
(4) If the Bishop determines that charge satisfies the requirements of clauses 7(1) and/or 8(1) the Bishop shall refer the charge to the Board with all attached documents.
17. For any charge of breach of faith ritual or ceremonial to which clause 16 does not apply, the Bishop shall refer the charge to the Board with all attached documents.
18. Following the referral pursuant to clause 16 or 17, the Board shall, without the necessity of hearing from any person, decide whether the charge is appropriate to be heard by a diocesan tribunal and shall inform the Bishop and the Tribunal Secretary of its decision.
19. If the Board decides, pursuant to clause 18 not to allow a charge to be heard by the diocesan tribunal, the Tribunal Secretary shall notify the informant accordingly and no further action shall be taken under this Ordinance with respect to that charge.
20. Where the Board determines that a charge is to be heard, the Tribunal Secretary shall cause to be served on the accused within one month of the determination:
(a) a notice setting out the charge and of each attached document; and
(b) a notice in writing requiring the accused to reply in writing to the charge within twenty- one days from the date of the notice.
21. (1) The accused may in his or her reply to the notice received under clause 20(b):
(Case A): Where one offence only is charged - admit the commission of that offence and submit as prescribed.
(Case B): Where two or more offences are charged - admit the commission of each of those offences and submit as prescribed.
(2) In sub-clause (1) of this clause "submit as prescribed" means "submit himself or herself without further proceedings to such judgement and sentence that the Bishop shall think fit to pronounce".
22. (1) This clause shall apply to any offence to which the accused admits to the commission of the offence under either Case A or Case B of clause 21.
(2) Upon receipt of an admission by the accused to the commission of the offence (or as the case may be of each of the offences) charged and having submitted as provided by clause 21:
39 Clergy Discipline Ordinance 2019
(a) the accused shall be provided twenty eight (28) days from the date of the notice to provide any evidence or submissions of excuse or mitigation to the Bishop; and
(b) the informant shall be notified of the admission.
(3) At the conclusion of the period set out in clause 22(2)(a), the Bishop shall consider any such evidence or submissions provided by the accused in response to the request under clause 21(2)(a) in his or her deliberations and shall then, by further notice, advise the accused and the informant of a time and place for the pronouncement of judgment and sentence in relation to the offence.
(4) In providing notice under clause 22(3), the Bishop may also advise any other person of the intention to pronounce judgment and sentence.
(5) The Bishop may suspend the operation of a sentence in accordance with the terms set out in clauses 45 and 46.
23. (1) In every matter where the accused has not admitted the offence under clause 21 or the Tribunal Secretary has not received a response to the notice issued under clause 20(b):
(a) the offence shall be considered, heard and determined by a diocesan tribunal; and
(b) the Bishop shall appoint an Advocate of the Diocese to prepare a document formally particularising the charge or charges, to be known as the Formal Notice of Charge, which shall be sent to the Tribunal Secretary.
(2) If there is more than one charge, the Advocate may, at his or her discretion, issue more than one Formal Notice of Charge.
24. On receiving the Formal Notice of Charge, the Tribunal Secretary shall cause to be served:
(a) upon the accused and the informant – the Formal Notice of Charge;
(b) upon the accused - a direction to appear (at such time not less than fourteen nor more than forty days from the date of the citation and at such place as shall be specified in the direction) before a diocesan tribunal to answer the Formal Notice of Charge; and
(b) upon the informant - a copy of the direction to appear.
PART VI – PROCEDURE FOR SUSPENSION BY THE BISHOP
25. The Bishop may suspend a person from the duties of office prior to a charge being made for a period of up to twenty eight days where:
(a) a charge against the person is proposed under this Ordinance; and
(b) the charge will not allege a breach of faith, ritual or ceremonial; and
(c) the charge relates to an offence that is punishable by imprisonment of 12 months or more if the offence was committed in New South Wales or if the offence was committed outside New South Wales, the offence would be so punishable had it been committed within New South Wales, and the Bishop has received advice from an
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experience legal practitioner that there is a prima facie case that the person committed the offence.
26. During any suspension effected under section 25 above:
(a) if a charge is formally made under clause 7, the Bishop may extend the period of suspension until the next meeting of the Diocesan Council; and
(b) the Bishop may revoke such suspension prior to its expiry.
27. Where a charge has been made, the Bishop may, with the concurrence of the Diocesan Council, suspend a person from the duties of their office until the determination of the charge or such lesser time as may be advised.
PART VII - DIOCESAN TRIBUNAL
28. The Diocesan Council shall appoint lawyers who have held any judicial office or who are or have been eligible for appointment to any judicial office in NSW person to be the President and the Deputy President of the diocesan tribunal for a term not exceeding six years.
29. (1) A diocesan tribunal shall be duly constituted for the trial of an accused in the following manner:
(a) the Presiding Member who shall be the President or, if the President is unable to preside, the Deputy President;
(b) two clergy members of the Panel appointed by the Tribunal Secretary provided that no member of the Panel can serve on the Board and on the Tribunal in relation to the same charges;
(c) two lay members of the Panel appointed by the Tribunal Secretary provided that no member of the Panel can serve on the Board and on the Tribunal in relation to the same charges;
(2) In summoning members of the Panel to form a diocesan tribunal to preside at the trial of an accused, the Tribunal Secretary shall, so far as is practicable, endeavour to ensure that there is a balance of gender among the male and female members of the Tribunal;
(3) No proceeding or purported proceeding of a diocesan tribunal shall be called into question by reason of any alleged non-compliance with clause 25(2).
(4) If, after the commencement of a proceeding of a diocesan tribunal, a member of the tribunal ceases to hold office as a member of the Panel, he or she shall also cease to be a member of the tribunal and the Presiding Member shall determine whether the proceeding shall continue to complete the determination and recommendation.
PART VIII – CONDUCT OF HEARINGS OF DIOCESAN TRIBUNAL
30. (1) A diocesan tribunal shall assemble at the time and place appointed in the direction to appear. Each member of a diocesan tribunal shall make the declaration set forth in Schedule B. The trial shall then be commenced by the Presiding Member causing the accused to be summoned to appear before the tribunal.
(2) The accused may appear in person or represented by a legal practitioner or (if charged with breach of faith ritual or ceremonial) by a person in holy orders.
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(3) If the accused does not appear at the diocesan tribunal hearing, the Presiding Member shall determine whether the notice to appear has been duly served upon the accused and, if so satisfied, the diocesan tribunal proceeding shall continue in the absence of the accused.
(4) If the accused appears or if the trial proceeds in his or her absence, the Presiding Member shall then read or cause to be read the Formal Notice of Charge.
(5) If the accused appears, he or she shall then be called upon to plead to each charge and his or her plea or pleas shall be recorded. If he or she neglects or refuses to plead to any charge, a plea of not guilty to that charge shall be entered on his or her behalf.
(6) If the accused does not appear and the trial proceeds in his or her absence, a plea of not guilty to each offence shall be entered on his or her behalf and the trial shall proceed as far as possible in the same manner as if the accused had appeared and had so pleaded.
31. The tribunal may during the hearing permit amendment of the Formal Notice of Charge upon such terms (if any) as it thinks fit.
32. (1) Any diocesan tribunal proceeding shall be conducted with fairness, equity and good conscience without regard to technicalities and is not bound by the rules of evidence but may inform itself of any matter in such manner as it deems fit.
(2) The evidence of witnesses shall be examined on oath or affirmation and before giving evidence, witnesses shall make the declaration oath or affirmation set forth in Schedule C.
(3) The diocesan tribunal may inform itself from the record of any court or tribunal, may adopt any finding from any court or tribunal, and may accept any record of any such court or tribunal as it sees fit.
33. The President may from time to time in writing make and alter rules for the conduct of hearings before diocesan tribunals.
34. The case against the accused shall be conducted before the tribunal by the Advocate.
35. The Presiding Member shall determine all questions arising during a hearing which are questions of law or questions of the admissibility of evidence.
36. In any hearing where an issue is whether there has been a breach of doctrine:
(a) the President or Deputy President may at any time request the Bishop to determine the scope of the doctrine that may be considered having due regard to the subject matter which is the basis of the charge. The determination of the Bishop is final;
(b) the opinion of experts shall be admissible as to:
(i) the doctrine;
(ii) whether on the facts there has been a breach of the doctrine; and
(c) the tribunal shall determine whether on the facts there has been a breach of the principles of doctrine so determined by the Bishop.
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37. The proceedings of a tribunal shall be attended by the Tribunal Secretary as an officer of the tribunal and shall be open to the public provided that the Presiding Member at any stage of the proceedings may order they shall be held in private by reason of their subject matter or the misconduct of the audience or for any other reason he or she may in his or her absolute discretion think fit.
PART IX - DECISIONS, RECOMMENDATIONS AND SENTENCES
38. A charge is required to be proved on the balance of probabilities.
39 After due examination of the evidence and matters put before it, the diocesan tribunal shall make a decision and, if required, a recommendation as to each offence alleged in the Formal Notice of Charge. If the diocesan tribunal decides that the accused is guilty of any offence, it shall make such recommendations as it thinks just in the circumstances but shall not recommend any sentence other than a sentence provided by the Constitution.
40. Any decision or recommendation made by the tribunal shall be determined from the votes of the individual members of the diocesan tribunal. Each member of the tribunal shall have one vote and the Presiding Member shall, in the event of a deadlock, have a casting vote.
41. Once the decisions and recommendations of the tribunal are determined, the Presiding Member shall give the Bishop notice in writing of such matters.
42. Upon the decision and the recommendation (if any) of the tribunal becoming known to the Bishop he or she shall:
(a) if every issue has been decided in favour of the accused - provide the accused and the informant written notice of the decisions and, if requested, issue a certificate in an appropriate form under his or her hand and seal;
(b) in every other case – provide the accused written notice of the decision and recommendation (if any) of the tribunal and then provide 28 days from the date of the notice for the accused to provide any evidence or submissions of excuse or mitigation for consideration by the Bishop.
43. (1) This clause applies where notice is given in accordance with clause 42(b).
(2) At the conclusion of the period set out in clause 42(b), the Bishop shall consider any such evidence or submissions provided by the accused in response to the request in his or her deliberations and shall then, by further notice, advise the accused and the informant of a time and place for the pronouncement of judgment and sentence in relation to the offence.
(3) In providing notice under clause 43(2), the Bishop may also advise any other person of the intention to pronounce judgment and sentence.
44. If the tribunal makes no recommendation as to sentence, the Bishop shall pronounce such sentence as he or she thinks fit.
45. (1) The Bishop shall consider any recommendation made by the tribunal and any evidence or submissions provided by the accused, and may in the exercise of his or her prerogative of mercy:
(a) mitigate the sentence; or
43 Clergy Discipline Ordinance 2019
(b) suspend its operation; or (c) mitigate the sentence and suspend its operation for a period of up to two (2) years.
(2) The Bishop is under no obligation to adopt any recommendation of the diocesan tribunal.
46. (1) If the Bishop suspends the operation of a sentence under clause 45(1)(c), such suspension shall be on terms and conditions the Bishop shall deem fit. At the conclusion of the term of suspension, if the accused has satisfied any terms or conditions of the suspension, the Bishop may then determine, at his or her sole discretion, whether the sentence shall cease to have effect.
(2) Every sentence or mitigated sentence shall, if its operation is not suspended, commence to operate immediately it is pronounced.
47. (1) In pronouncing any sentence for which a notice has been provided under either clause 22(3) or 43(2), the Bishop shall:
(a) deliver the pronouncement of sentence (and any mitigation or suspension) verbally to all persons assembled;
(b) provide under his or her hand and seal written certification of every sentence and, if relevant, any mitigation or suspension; and
(c) in pronouncing sentence (and any mitigation or suspension), not be obligated to provide any reasons for the sentence (and any mitigation or suspension).
(2) The written certification shall be lodged with the Tribunal Secretary and a copy shall be sent to the accused.
PART X – COSTS
48. (1) The diocesan tribunal has no power to award costs of any proceedings before it.
(2) A person who is defending a charge before the diocesan tribunal may apply to the Diocesan Council for the provision of financial assistance in meeting legal costs associated with such defence.
(3) The Diocesan Council may grant financial assistance to a person who is defending a charge before the diocesan tribunal on such conditions as it shall determine.
PART XI - APPEAL
49. Any decision or recommendation of a diocesan tribunal may be appealed to the appellate tribunal within 28 days of the decision or recommendation being issued by the diocesan tribunal. No appeal shall lie to the appellate tribunal in respect of any sentence handed down by the Bishop.
50. No appeal of any decision or recommendation of a diocesan tribunal or a sentence handed down by the Bishop shall be available to any provincial tribunal constituted by the Constitution of the Anglican Church of Australia.
PART XII - RECORDS 51. (1) The Tribunal Secretary shall keep a Register of Ecclesiastical Offences in which there shall be entered in respect of every charge which the Bishop or the Board (as
44 Clergy Discipline Ordinance 2019
appropriate) decides pursuant to clause 16, 17 or 18 to allow as a charge proper to be heard:
(a) the name of the accused (b) the date on which the charge was made (c) the names of the accusers (d) the nature but not the particulars of each offence charged and the date on which it was alleged to have been committed (e) whether the accused was tried by a diocesan tribunal or dealt with under clause 21 (f) if the accused was tried by a diocesan tribunal - the date of the trial and the names of the members of the tribunal (g) the judgement of the Bishop or (as the case may be) the decision of the tribunal as to each offence charged (h) the recommendation (if any) of the tribunal (i) the sentence (if any) and any mitigation or suspension of sentence and the date of pronouncement thereof. (2) No person other than the Bishop and the Tribunal Secretary shall have access to the Register of Ecclesiastical Offences except with the permission of the Bishop previously given in writing. 52. (1) Whenever a charge has been returned to the Tribunal Secretary pursuant to clause 16 the Tribunal Secretary shall as soon as is practicable seal up in a suitable container endorsed with the name of the accused the charge and every document attached thereto.
(2) Whenever a trial has been held under this Ordinance the Presiding Member shall cause to be delivered to the Tribunal Secretary and the Tribunal Secretary shall as soon as is practicable seal up in a suitable container endorsed with the name of the accused the charge and every document attached thereto the reply (if any) of the accused the Articles of Accusation the transcript of evidence the record of proceedings every exhibit not directed by the tribunal to be handed back to the party who tendered it and all records of the tribunal.
(3) The Tribunal Secretary shall preserve intact in the Diocesan Registry every container sealed up pursuant to this clause.
(4) No person other than the Bishop shall have access to the contents of any container sealed up pursuant to this clause except with the permission of the Bishop previously given in writing.
53. If access to the Register of Ecclesiastical Offences or to the contents of any container referred to in clause 52 is bona fide required for the purposes of a trial under this Ordinance or an appeal or other legal proceedings, the Bishop shall give the necessary permission and every person permitted access may at his or her own expense take or be provided by the Tribunal Secretary with copies of (as the case may be) any relevant entry in the Register or any of the contents of the container but in every other case the Bishop may in his or her absolute discretion give or refuse the necessary permission.
PART XIII – MISCELLANEOUS
54. A certificate in writing signed by the Tribunal Secretary that a person is within the meaning of this Ordinance a person in holy orders:
(a) licensed by the Bishop; or
(b) not licensed by the bishop but resident in the diocese,
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shall be prima facie evidence of the matters therein stated.
55. A document certified in writing signed by the Bishop to be a true copy of a written admonition in respect of ministerial duty given by him or her to a person and on a date specified in that certificate shall be prima facie evidence that written admonition was given by the Bishop to that person on that date in the terms appearing in the document.
56. Any document produced before a diocesan tribunal purporting to be sealed or signed by the Bishop or signed by the Tribunal Secretary shall in the absence of evidence to the contrary be deemed to be duly sealed or signed by the Bishop or signed by the Tribunal Secretary as the case may be.
57. (1) Whenever it is provided by this Ordinance that any notice or other document shall be, or that any one shall cause any notice or other document to be given sent or presented to or served on any person that provision shall be deemed to have been complied with if the notice or document is given presented to or served on that person personally or sent by prepaid registered or certified post or otherwise addressed to him or her at his or her usual or last-known address.
(2) A notice or other document sent to any person addressed as aforesaid by prepaid registered or certified post shall be deemed to have been received by him or her on the day on which he or she would have received it in the ordinary course of post.
(3) A certificate in writing signed by the Tribunal Secretary that a notice or other document has been given presented to or served on any person personally or sent to any person addressed as aforesaid by prepaid registered or certified post shall be conclusive as to the matters therein stated including any matters therein stated relating to time date or place of posting.
I HEREBY CERTIFY the Ordinance as printed is in accordance with the Ordinance as reported.
Mr Geoffrey Spring Chair of Committees
Passed by Synod on 25 October 2019
The Reverend Scott Dulley Clerical Secretary of Synod
Mrs Wendy Armstrong Lay Secretary of Synod
46 Clergy Discipline Ordinance 2019
THE ASSENT of Peter Derrick James Stuart, Bishop of the Diocese was given to the above Ordinance on ______in the Eleventh year of our Consecration.
PRESIDENT
47 Clergy Discipline Ordinance 2019
SCHEDULE A FORM OF CHARGE
1. I (or: We) (insert name or names) of (insert address or addresses)
do hereby make charge that the Reverend (insert name) of (address) (if appropriate add: incumbent of the parish of [name]) being a person in holy orders licensed by the Bishop of Newcastle (or as the case may be or being a person in holy orders not licensed by the Bishop of Newcastle but resident in the Diocese of Newcastle) has committed the offence of :
(here describe the offence in accordance with the appropriate words in the definition of "offence" in Clause 4(1) of the Ordinance)
in that he or she (here give particulars of the time, place and circumstances of the offence).
2. I (or: We) have attached hereto a list showing the names and address of witnesses now known to me (or: us) who can give evidence relating to the said charge.
3. I (or: We) have attached hereto the documentary evidence now in our possession relating to the said charge. (or:) I (or: We) have no documentary evidence in our possession relating to the said charge.
4. I (or: We) desire that the said charge be dealt with in accordance with the Constitution of the Anglican Church of Australia and the Clergy Discipline Ordinance 2019 of the Diocese of Newcastle.
5. I do (or: Each of the undersigned does) hereby solemnly and sincerely declare as follows:
A. I have been duly appointed by the Bishop of Newcastle to make the said charge.
B. (if the offence charged is breach of faith ritual or ceremonial and declaration A is not appropriate);
I am: 1. over the age of eighteen years 2. within the meaning of the said Constitution a communicant member of the Anglican Church of Australia and am not a member of any other Church and am resident within the Diocese of Newcastle (if appropriate add: and a bona fide parishioner of the parish of [name]).
C. (if the offence charged is not a breach of faith ritual ceremonial and declaration A is not appropriate):
I am: 1. of the age of eighteen years 2. within the meaning of the said Ordinance a member of the Anglican Church of Australia 3. not a member of any other church 4. resident within the Diocese of Newcastle.
D. I do not make the said charge from any private ill-will towards the said Reverend (name) or from any improper motive.
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E. I believe the said charge to be substantially true.
Signature(s):
Date:
SCHEDULE B
DECLARATION OF MEMBER OF TRIBUNAL I do solemnly and sincerely declare that I will well and truly try the (several) article(s) of accusation now to be exhibited before me and that I will to the best of my judgment and ability find according to the evidence.
SCHEDULE C OATH OF WITNESS The evidence which I shall give before this tribunal will be the truth the whole truth and nothing but the truth So help me God.
AFFIRMATION OF WITNESS I do solemnly and sincerely affirm that the evidence which I shall give before this tribunal will be the truth the whole truth and nothing but the truth.
49 CLERGY DISCIPLINE ORDINANCE OF 1966 AMENDMENT ORDINANCE 2019
Explanatory Memorandum
This Bill amends the Clergy Discipline Ordinance of 1966. The amendments allow that a member of the clergy cannot be charged with an offence by choosing to participate or not participate in the blessing of a legally solemnised marriage of two persons of the same sex. The amendments further provide that the legal marriage of a member of the clergy to a person of the same sex, is not grounds for a charge of offence. The Ordinance will only come into effect at such time as the Synod passes a resolution to that effect, and with the written support of the Bishop.
The Bill
Be it ordained by the Synod of the Diocese of Newcastle of the Anglican Church of Australia as follows –
1. This Ordinance may be cited as the Clergy Discipline Ordinance of 1966 Amendment Ordinance 2019.
2. The principal ordinance is the Clergy Discipline Ordinance of 1966.
3. The principal ordinance is amended by the insertion of a new clause seven in Part II to read Notwithstanding the provisions of clause 6 and clause 11. 1, no charge shall be referred to the Diocesan Tribunal and it shall not be proper for a Diocesan Tribunal to hear a charge which alleges an offence, breach or misconduct by a member of the clergy because that member of the clergy
(a) has participated in a service, whether or not in a church building, in which they have pronounced the blessing of a marriage solemnised in accordance with the Marriage Act 1961 or similar Act in another jurisdiction in which the persons being married are of the same sex; (b) has declined to participate in a service, whether or not in a church building, or declined to pronounce a blessing of a marriage solemnised in accordance with the Marriage Act 1961 or similar act in another jurisdiction in which the persons being married are of the same sex; (c) is married to a person of the same sex where such marriage has been solemnised in accordance with the Marriage Act 1961 or similar Act in another jurisdiction;
4. This Ordinance shall come into effect at such time as the Synod passes a resolution declaring that this Ordinance shall come into effect and the Bishop indicates in writing his/her support for the Ordinance coming into effect. The Bishop shall indicate his decision within 30 days of the conclusion of an ordinary or special session of the Synod in which the resolution is considered.
5. No resolution declaring that this Ordinance shall come into effect may be considered by this Synod prior to the Fifty Third Synod being summoned by the Bishop.
6. The Synod may consider a resolution that this Ordinance comes into effect on more than one occasion.
50 Clergy Discipline Ordinance of 1966 Amendment Ordinance 2019
7. This Synod confirms that any assent by the Bishop to this ordinance expresses nothing more that the Bishop assenting to the Synod’s wish that it have a process for further deliberation.
I HEREBY CERTIFY the Ordinance as printed is in accordance with the Ordinance as reported.
Mr Geoffrey Spring Chair of Committees
Passed by Synod on 26 October 2019
The Reverend Scott Dulley Clerical Secretary of Synod
Mrs Wendy Armstrong Lay Secretary of Synod
THE ASSENT of Peter Derrick James Stuart, Bishop of the Diocese was given to the above Ordinance on ______in the Eleventh year of our Consecration.
PRESIDENT
51 A BILL FOR A BLESSING OF PERSONS MARRIED ACCORDING TO THE MARRIAGE ACT REGULATION 2019
Explanatory Memorandum
This Bill proposes a regulation pursuant to Section 5(2) of the Canon Concerning Services 1992. The Regulation allows a minister to conduct a Service of Blessing for persons married according to the Marriage Act 1961(Cth).
Short Title
1. This Bill may be cited as the Blessing of Persons Married According to the Marriage Act Regulation 2019.
Commencement
2. This Ordinance is to come into operation on a date to be determined by the Bishop.
3. In this Bill a minister has the same meaning as in A Prayer Book for Australia.
Form of Service
4. Where a minister is asked to and agrees to conduct a Service of Blessing for persons married according to the Marriage Act 1961 the minister will use the form of service at Appendix A to these Regulations and no other form of service.
Conscientious Objection
5. No minister will be compelled to assent to conducting such a service if to do so would offend their conscience.
6. Where a minister has a conscientious objection to conducting such a service, that minister may refer the couple seeking such a blessing to a minister who is willing and able to conduct the service.
Reporting
7. Each Parish shall record the details of such blessings in the Parish Delegated Authority Register.
I HEREBY CERTIFY the Ordinance as printed is in accordance with the Ordinance as reported.
Mr Geoffrey Spring Chair of Committees
52 Blessing of Persons Married According to the Marriage Act Regulation 2019
Passed by Synod on 26 October 2019
The Reverend Scott Dulley Clerical Secretary of Synod
Mrs Wendy Armstrong Lay Secretary of Synod
THE ASSENT of Peter Derrick James Stuart, Bishop of the Diocese was given to the above Ordinance on ______in the Eleventh year of our Consecration.
PRESIDENT
53 Blessing of Persons Married According to the Marriage Act Regulation 2019
1 Appendix A 2 3 A Service of Blessing for persons who have been married according to the Marriage 4 Act 1961 5 6 7 INTRODUCTION 8 9 The Priest addresses the couple and congregation 10 11 The Lord be with you 12 And also with you 13 14 We have come together to ask God’s blessing on N and N as they continue their married 15 life together. 16 17 Hear what the Epistle of St John says: “Beloved, let us love one another, because love is 18 from God; everyone who loves is born of God and knows God”, and, “No one has ever seen 19 God; if we love one another, God lives in us, and his love is perfected in us.” 20 - 1 John 4.7 & 12. 21 22 For the love that we receive and give let us thank God, saying together 23 24 Almighty God, source of all being, we thank you for your love, which creates and 25 sustains us. We thank you for the physical and emotional expression of that love; 26 and for the blessings of companionship and friendship. We pray that we may use 27 your gifts so that we can ever grow into a deeper understanding of love and of your 28 purpose for us, through Jesus Christ, our Lord. Amen. 29 30 Let us pray. 31 32 Loving and gracious God, who made us in your image and sent your son Jesus Christ to 33 welcome us home; protect us in love and empower us for service. Through the power of the 34 Holy Spirit may N and N become living signs of God’s love and may we uphold them in the 35 promises that each affirms this day, through Jesus Christ our Lord. Amen. 36 37 Ministry of the Word 38 39 One or more readings from the Scriptures, appropriate to the occasion, shall then be read. 40 41 A homily or address may follow the readings. 42 43 THE PROMISES 44 45 As you have entered into a civil marriage and now seek God’s blessing on your ongoing 46 life together, I ask you: 47 Will you be to each other a companion in joy and a comfort in times of trouble, and will 48 you provide for each other the opportunity for love to deepen? 49 50 Couple: We will, with God’s help. 51 52 (to each partner in turn): Will you, N, continue to give yourself to N, sharing your love and 53 your life, your wholeness and your brokenness, your failure and your success? 54 Partner: I will. 55 56 PRAYERS 57 These might include the following or something similar.
54 Blessing of Persons Married According to the Marriage Act Regulation 2019
58 59 Loving God, whose son Jesus Christ welcomed strangers and called them his friends, grant 60 to N and N such gifts of grace that they may be bearers of your friendship and their home 61 a place of welcome for all. Amen 62 63 Jesus, our brother, inspire N and N in their lives together, that they may come to live for one 64 another and serve each other in true humility and kindness. Through their lives may they 65 welcome each other in times of need and in their hearts may they celebrate together in their 66 times of joy, for your name’s sake. Amen 67 68 Holy Spirit of God, guard and defend N and N in their life together, protect them from evil, 69 strengthen them in adversity until you bring them to the joy of your heavenly kingdom, 70 through Jesus Christ our Lord. Amen. 71 72 The Lord’s Prayer 73 74 As our Saviour Christ has taught us we are confident to pray: 75 76 Our Father in heaven, 77 hallowed be your name, 78 your kingdom come, 79 your will be done, 80 on earth as in heaven. 81 Give us today our daily bread. 82 Forgive us our sins 83 as we forgive those who sin against us. 84 Save us from the time of trial 85 and deliver us from evil. 86 For the kingdom, the power, 87 and the glory are yours 88 now and forever. Amen. 89 The Blessing 90 91 Let us now pray that N and N may be sustained by God’s love. 92 93 Spirit of God, you teach us through the example of Jesus that love is the fulfilment of the 94 Law, help N and N to persevere in love, to grow in mutual understanding, and to deepen 95 their trust in each other; that in wisdom, patience and courage, their life together may be a 96 source of grace to all with whom they share it; and the blessing of God Almighty, Father, 97 Son and Holy Spirit be upon you to guide and protect you and all those you love, today and 98 always. Amen. 99 100 101 NOTES: 102 103 This Service of Blessing is best placed in the context of liturgical worship. 104 105 This service may be followed by the celebration of Holy Communion, APBA second order, 106 with adaptations permissible according to the Rubrics. 107 108 Music may be interposed as the occasion demands.
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