- 73 THE DECLARATIONS STATUTE 2007 Preliminaries ................................................................................................................. 73 General provisions ........................................................................................................ 74 Laity required to make declarations .............................................................................. 74 Clergy required to make declarations ........................................................................... 75 Schedule 1: Lay Officers’ Declaration .......................................................................... 76 Schedule 2: Lay Officers’ Declaration .......................................................................... 77 Schedule 3: Lay Officers’ Declaration, Special Eligibility ............................................. 78 Schedule 4: Clergy Declaration.................................................................................... 79 Schedule 5: Additional Clergy Declaration ................................................................... 80 PRELIMINARIES 1.

Short Title

1.1. This Statute may be cited as the “Declarations Statute 2007”. 2.

Preamble

2.1.

Having regard to new offices not contemplated previously, to the desire for ease of use, the desire for inclusive language, and the benefit of having uniform and clear declarations for all Statutes, it is deemed appropriate to adopt a re-drafted Statute.

3.

Repeal

3.1.

The Lay Officers’ Declaration Statute 1897 is repealed. Provided, however, that such repeal will not affect or invalidate any declaration made under the repealed Statute, and all persons having made declarations under the repealed Statute are deemed to have made the corresponding declaration under this Statute.

3.2.

Any Statute that refers to the repealed Statute is taken as referring to this Statute.

4.

Interpretation

4.1.

The meanings of words and phrases given in the Interpretation Statute 2007 apply in this Statute except that for the purposes of this Statute the words and phrases listed hereunder have their meanings given or altered as follows: Additional Clergy: clergy elected or appointed to a Church Council under the Ordering of Worshipping Communities Statute 2007.1 Rector: the member of the Clergy duly licensed by the Archbishop to the charge of a Worshipping Community and the Cure and includes Priest-in-charge, Curate-in-charge, Locum Tenens, and any member of the clergy appointed by the Archbishop to perform the duties of a Rector as prescribed by this Statute.

1

The Ordering of Worshipping Communities Statute 2007, section 18.

- 74 GENERAL PROVISIONS 5.

Witness to declarations

5.1.

All declarations made under this Statute must be made in the presence of: (a) the Returning Officer responsible for the election or appointment; or (b) a person appointed for the purpose by the Archbishop.

6.

Failure to make a declaration

6.1.

The office of any person who fails to make a required declaration within thirty days of their election or appointment is deemed vacant.

6.2.

Any office becoming vacant is filled by the means provided under Statute for the filling of a vacancy in that office.

7.

Access to Statutes

7.1.

Every person required to make a declaration under this Statute must first be given the opportunity to read the Statutes of Synod.

7.2.

Every member of the clergy invited to work in the Diocese must be given a copy of the Statutes of Synod before they accept their appointment.

7.3.

Three copies of the Statutes of Synod are to be held by the Secretary of every Church Council, and made available to: (a) lay members of Synod; (b) other office bearers; and (c) Enrolled Members. LAITY REQUIRED TO MAKE DECLARATIONS

8.

Lay officers

8.1.

Any lay person elected or appointed to the following offices must subscribe the declaration in Schedule 1 or Schedule 2, whichever is more convenient: (a) member of Diocesan Council (b) Diocesan Nominator (c) Diocesan Secretary and Diocesan Registrar2 (d) Diocesan Treasurer (e) lay member of Synod (f) Alternate for a lay member of Synod (g) member of a Church Council, including: (i) Churchwarden (ii) Church Councillor (h) Nominator of Clergy The declarations made under (e) to (h) are retained by the Rector.

2

Registrar added Synod 2008

- 75 8.2.

In addition to the requirements of section 8.1, lay members of Synod and Alternates must subscribe the declaration in Schedule 1, and such declaration must be sent to the Diocesan Registrar3 by the Rector.

9.

Special eligibility of lay officers

9.1.

A Meeting of Enrolled Members of a Worshipping Community may request that the Archbishop allow a particular lay person or lay persons to serve as Churchwardens or Church Councillors, notwithstanding that they are not eligible to be Enrolled Members of the Worshipping Community. Most commonly this will be where insufficient Enrolled Members are willing and eligible for election. Such request is sent to the Archbishop by the Rector.

9.2.

In response to that request the Archbishop may deem it vital to the mission and ministry of that Worshipping Community for such person or persons to serve on its Church Council.

9.3.

The Archbishop may then appoint such person or persons to the office of Churchwarden or Church Councillor provided that they subscribe the declaration in Schedule 3. Such declarations are retained by the Rector.

9.4.

So long as they hold their office, such persons may: (a) perform all the duties of their office; and (b) vote and propose motions at: (i) Meetings of Enrolled Members; and (ii) Church Council meetings. They cannot be a Nominator of Clergy.

9.5.

The term of office for such a person is that normally applied to their office, at the end of which a fresh application may be made to the Archbishop. CLERGY REQUIRED TO MAKE DECLARATIONS

10.

Clergy

10.1.

Every member of the clergy, on first admission into the Diocese, must subscribe the declaration in Schedule 4.

10.2.

Every member of the clergy taking up temporary or occasional duty in the Diocese must subscribe the declaration in Schedule 4 if requested to do so by the Archbishop.

10.3.

Every member of the clergy elected or appointed to a Church Council as Additional Clergy must subscribe the declaration in Schedule 5 on each occasion that they are elected or appointed.

10.4.

Declarations subscribed under section 10.1 or section 10.2 are retained by the Archbishop, and declarations subscribed under section 10.3 are retained by the Rector.

3

Altered Synod 2008

- 76 Declarations Statute 2007 SCHEDULE 1: LAY OFFICERS’ DECLARATION To be subscribed by every lay person who is a member of Diocesan Council, Diocesan Nominator, Diocesan Registrar4, Diocesan Secretary, Diocesan Treasurer, lay member of Synod, Alternate for a lay member of Synod, member of a Church Council (including Churchwarden and Church Councillor), or Nominator of Clergy.

I,

Mr Mrs Ms Miss Dr …….

................................................................................................. Full Christian Names and Surname in Block Letters

of

......................................................................................................................... ......................................................................................................................... ......................................................................................................................... Worshipping Community or Organisation: ............................................................. having been elected or appointed to the office of: ................................................. DECLARE THAT: (a) I am a lay person (b) I have attained the age of sixteen years [Churchwardens: eighteen years] (c) I have been baptised (d) I am a communicant member of the Anglican Church of Australia, namely, (i) I have been confirmed in the Anglican Church of Australia or am ready and desirous of being so confirmed; or (ii) I have been received into communicant membership of the Anglican Church of Australia or am ready and desirous of being so received; or (iii) I am a communicant member of a Church that is in full communion with the Anglican Church of Australia (e) I am not a member of any church that is not in communion with the Anglican Church of Australia (f) I receive communion regularly including normally at Christmas and Easter (g) I regularly attend the public worship of the Anglican Church of Australia (h) I will faithfully perform all the duties of my office (i) I accept and will obey the Constitution and the Statutes of Synod. Signed by the abovenamed officer: ........................................................................ in the presence of: .................................................................................................. this ................................ day of ................................................................. , 20…… 4

Altered Synod 2008

- 77 Declarations Statute 2007 SCHEDULE 2: LAY OFFICERS’ DECLARATION To be subscribed by every lay person who is a member of Diocesan Council, Diocesan Nominator, Diocesan Registrar5, Diocesan Secretary, Diocesan Treasurer, lay member of Synod, Alternate for a lay member of Synod, member of a Church Council (including Churchwarden and Church Councillor), or Nominator of Clergy.

Worshipping Community or Organisation: ............................................................. I, the undersigned, having been elected or appointed to the office or offices stated below, DECLARE THAT: - I am a lay person; - I have attained the age of sixteen years [Churchwardens: eighteen years]; - I have been baptised; - I am a communicant member of the Anglican Church of Australia, namely: I have been confirmed in the Anglican Church of Australia or am ready and desirous of being so confirmed; or I have been received into communicant membership of the Anglican Church of Australia or am ready and desirous of being so received; or I am a communicant member of a Church that is in full communion with the Anglican Church of Australia; - I am not a member of any church that is not in communion with the Anglican Church of Australia; - I receive communion regularly including normally at Christmas and Easter; - I regularly attend the public worship of the Anglican Church of Australia; - I will faithfully perform all the duties of my office; and I accept and will obey the Constitution and the Statutes of Synod. Office/s held

5

Added Synod 2008

Full name and address of office bearer

Signature

Date declared

Full name of witness

Signature

Date

- 78 Declarations Statute 2007 SCHEDULE 3: LAY OFFICERS’ DECLARATION, SPECIAL ELIGIBILITY To be subscribed by every lay person appointed by the Archbishop to serve as Churchwarden or Church Councillor, notwithstanding that they are not eligible to be Enrolled Members of the Worshipping Community.

I,

Mr Mrs Ms Miss Dr …….

................................................................................................. Full Christian Names and Surname in Block Letters

of

......................................................................................................................... ......................................................................................................................... ......................................................................................................................... Worshipping Community: ...................................................................................... having been appointed to the office of: .................................................................. 10.5.

DECLARE THAT: (a) I am a lay person (b) I have attained the age of sixteen years [Churchwardens: eighteen years] (c) I have been baptised (d) I regularly attend the public worship of the Anglican Church of Australia (e) I will faithfully perform all the duties of my office (f) I accept and will obey the Constitution and the Statutes of Synod. Signed by the abovenamed officer: ........................................................................ in the presence of: ................................................................................................. this ................................ day of ................................................................. , 20……

- 79 Declarations Statute 2007 SCHEDULE 4: CLERGY DECLARATION To be subscribed by every member of the clergy: on first admission into the Diocese; and on taking up temporary or occasional duties in the Diocese if requested to do so by the Archbishop.

I

.............. Title

of

.................................................................................................. Full Christian Names and Surname in Block Letters

......................................................................................................................... ......................................................................................................................... ......................................................................................................................... 10.6.

DECLARE THAT: (a) I am a member of the Clergy (b) I accept and will obey the Constitution and the Statutes of Synod. Signed by the abovenamed: ................................................................................... in the presence of: .................................................................................................. this ................................ day of ................................................................., 20……

- 80 Declarations Statute 2007 SCHEDULE 5: ADDITIONAL CLERGY DECLARATION To be subscribed by every member of the clergy on each occasion that they are elected or appointed to a Church Council as Additional Clergy. .

I,

............... Title

................................................................................................. Full Christian Names and Surname in Block Letters

of

......................................................................................................................... ......................................................................................................................... ......................................................................................................................... Worshipping Community: ...................................................................................... having been elected or appointed to the office of Additional Clergy 10.7.

DECLARE THAT: (a) I am a member of the Clergy (b) I will faithfully perform all the duties of my office (c) I accept and will obey the Constitution and the Statutes of Synod. Signed by the abovenamed: ................................................................................... in the presence of: ................................................................................................. this ................................ day of ................................................................. , 20……