INTRODUCTION
The 16th General Synod of the Anglican Church of Australia was held in Adelaide from 29 June to 3 July 2014. This report covers the major pieces of legislation dealt with at this session, as well as resolutions relating to the Anglican Communion, Church discipline and the Royal Commission into Institutional Responses to Child Sexual Abuse.
CONSTITUTIONAL AMENDMENTS
Chapter IX (sections 53–63) of the Constitution is headed ‘The Tribunals’. Sections 54(1) and (2) provide for the establishment of a diocesan tribunal which shall be the court of a bishop, consisting of a president who shall be the bishop or a deputy president appointed by him and other persons, and which has jurisdiction to hear and determine ecclesiastical charges against clergy. Sections 55(1) and (2) provide for the establishment of a provincial tribunal consisting of a president who shall be the metropolitan or a deputy president appointed by him and other members, and which has jurisdiction to hear and determine appeals from the determination of any diocesan tribunal of a province in any case in which an appeal lies therefrom. Sections 60(1) and (2) provide that a tribunal has power to make recommendations, including certain sentences, to the bishop of the diocese concerned, who in respect of any recommended sentence may consult with the tribunal and exercise a prerogative of mercy.
Pursuant to these sections, the possibility exists that the bishop of a diocese may as a member of the diocesan tribunal perform the function of determining an ecclesiastical charge and, if appropriate, recommending a sentence against a member of the clergy, and also perform the function of exercising the prerogative of mercy in giving effect to any such recommended sentence. Further, the possibility exists that the bishop of a diocese may, as a member of the provincial tribunal in the capacity of the metropolitan of the province, perform the function of determining an appeal from a determination of a diocesan tribunal and also perform the function of exercising the prerogative of mercy in giving effect to any such recommended sentence.
The Constitution Amendment (Membership of the Diocesan Tribunal) Canon 2014 amends section 54(1) by providing that the bishop of a diocese is ineligible to be a member of the diocesan tribunal. The Constitution Amendment (Membership of the Provincial Tribunal) Canon 2014 amends section 55(1) by providing that the metropolitan and any bishop of the province are ineligible to be members of the provincial tribunal.
The effect of these amendments will be to prevent aggrieved clergy from challenging sentences imposed in disciplinary actions for alleged denial of procedural fairness on account of apprehended bias arising from the fact that the bishop of a diocese – in performing the function of exercising the prerogative of mercy in giving effect to any such recommended sentence – had previously, as a member of the diocesan tribunal, performed the function of determining the ecclesiastical charge and recommending the sentence or, as a member of the provincial tribunal in the capacity of the metropolitan of the province, performed the function of determining an appeal from the diocesan tribunal. Pursuant to section 67(1)(c) of the Constitution, none of these Canons will come into effect until at least three-quarters of the 23 diocesan synods of the Church, including all five of the metropolitan sees, have assented to it by ordinance and all such assents are in force at the same time.
NATIONAL ABORIGINAL AND TORRES STRAIT ISLANDER ANGLICAN COUNCIL CANON 2014
The National Aboriginal and Torres Strait Islander Anglican Council Canon 2014 provides for the establishment of a council to facilitate the mission of the Church among Aboriginal persons and Torres Strait Islanders.
NATIONAL REGISTER CANON 2007 (AMENDMENT) CANON 2014
The National Register Canon 2007 provides for the establishment of a National Professional Standards Register containing information relating to complaints or findings of sexual misconduct or child abuse by clergy and laypersons. Pursuant to section 9, where such information is entered on the National Register, the General Secretary is required as soon as practicable to notify the member of the clergy or layperson concerned of the entry of the information.
The National Register Canon 2007 (Amendment) Canon 2014 amends this Canon in the following two respects:
i. To postpone for a maximum period of two and a half years the notification to the member of the clergy or layperson concerned of the entry of the information where a request from a police service has been received that they not be notified of the information;
ii. To amend the definition of child abuse so as specifically to include conduct involving the possession, production or distribution of child exploitation material.
The background to the first amendment was that there had been instances where a director of professional standards had received a request from a police service that a member of the clergy or layperson not be notified of information relating to that person on the National Register, so as to ensure that investigations by the police were not prejudiced. The background to the second was that there had been a dispute as to whether conduct involving the possession, production or distribution of child exploitation material constituted child abuse and so could be entered in the National Register.
CANON CONCERNING CONFESSIONS 1989 (AMENDMENT) CANON 2014
The background and effect of the Canon Concerning Confessions 1989 (Amendment) Canon 2014 has been the subject of a comment in this Journal.Footnote 5
MODEL EPISCOPAL STANDARDS ORDINANCE
The General Synod commended for enactment by every diocese the Model Episcopal Standards Ordinance, which provides an administrative system for the discipline of diocesan bishops as an alternative to the hearing and determination of an ecclesiastical charge in the Special Tribunal established under Chapter IX of the Constitution.
ANGLICAN COMMUNION COVENANT
The General Synod affirmed the commitment of the Anglican Church of Australia to the Anglican Communion, affirmed its openness to participating in any further consideration of a covenant proposal and urged upon the Instruments of Communion a course of action that continues to seek reconciliation and the preservation of the Communion as a family of interdependent but autonomous churches.
THE CHARTER FOR THE SAFETY OF PEOPLE WITHIN THE CHURCHES OF THE ANGLICAN COMMUNION
The General Synod adopted the Charter for the Safety of People within the Churches of the Anglican Communion.
ROYAL COMMISSION INTO INSTITUTIONAL RESPONSES TO CHILD SEXUAL ABUSE
The General Synod welcomed the Interim Report of the Royal Commission into Institutional Responses to Child Sexual Abuse and expressed its commitment to continuing the work with the Royal Commission so that child sexual abuse can find no place within Australian society and the Anglican Church of Australia.
