Synod Papers, Section 2

8/6/2019 Synod Papers, Section 2

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36th SYNOD

ANGLICAN CHURCH OF AUSTRALIA

DIOCESE OF GIPPSLAND

SECOND SESSION13 -15 MAY 2011

Drouin, VIC

Section 2B ishop -in -Counc il Repor t

BudgetsBills

Issued by the Registrar, Diocese of Gippsland, PO Box 928, Sale Vic 3853Phone - (03) 5144 2044 Fax - (03) 5144 7183 Email- [email protected] - http://www.gippsang/ican.org.au19April 2011
mailto:[email protected]://www.gippsang/ican.org.auhttp://www.gippsang/ican.org.aumailto:[email protected]


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SECTION TWOANGLICAN DIOCESE OF GIPPSLAND

SECOND SESSION OF THE THIRTY-SIXTH SYNOD2011

DROUIN, VIC

BISHOP-IN-COUNCIL REPORT TO SYNOD,BUDGETS AND PROPOSED LEGISLATION

----._--- .----.--~ .._ - - _ " _ - - - - -Bishop-in-Council Report 1_ _ ~ ~ _ L --.-.---- - Appendix A - 2010 Synod Resolutions - Action Taken 2 1. . _ . _ . _ ~ ' L _ _ _ ! _ _ _Ap~~~~ix B - Safe Ministry Program Information 201 ] 25----- .-----.-~--~-~-.--_ } _ Q ! 9 1 _ ! 1 . Budget - ._._Angli~~l)Trusts Corporation 27--~--~----- ..~ishop~in~.Gouncil 28, .. - ~------~~-

!___QiEpsland ~~!!.~stry Foundation 32---------- ._ .. ---~--------.-- --.Bills Endorsed by Bishop-in-Council Bishop-in-Council (Further Amendment) Bill 33._--- ..~-.-~ --------- Appointments Amendment Bill 35

"~L ------

._~J3..edul!_gantActs Repeal Bill 37.----._.~_boLi_ginctland Torres Strait Islander Peoples Ministry.!3ill 39

._.._!~o~g__~l'vice Leave Canon (Assent) Bill 44.~~------- _---!__on~!!.~~tion Amendment (Diocesan Council) (Ass~!1.!)!3itL_ 66-------- _- -----_~.__Constl!_Ll.!!onAmendment (Section 30) (Assent) Bill 68--.,.~~.--. ------


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BISHOP-IN-COUNCILREPORT TO SYNOD

This report covers the major matters dealt with by Bishop-in-Council since the lastSynod in May 2010,1. MEMBERSHIP Ol


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2. SYNOD MOTIONS - 2010The Bishop-in-Council responses to the synod motions passed in 2010 are inAppendix A.

3. STRATEGIC MATTERSThe Council again spent a considerable amount of time on strategic mattersduring the year. The issues dealt with are as follows:3.1 Diocesan Strategic Plan

The Bishop will present a review of the Strategic Plan at this session ofSynod.

3.2 Diocesan ResourcesA working group on Diocesan Resources established by the CouncilFebruary 2009 completed its work in March 2011. This group hasworked in the following areas:

Management and use of Diocesan and Parish Trust funds; Consideration of the effective use of Diocesan and Parish assets

including land and buildings; Recommendations to Bishop-in-Council on the appropriate

sources of funding for youth ministry, supporting the panels ofreference, indigenous ministry and the development ofA'Beckett Park. These initiatives have been included in thebudget to be considered by Synod at this session.

The need for a Diocesan Property Officer was identified in thelight of the large number of issues raised with the group, thematters currently being dealt with by the Trusts Corporationand the results of the Essential Safety Measures Inspectionswhich were received in April 2011. Such a person would haveresponsibility in the following areas:

o Optimum use of physical resources.o Mission issues as they relate to buildings.o Safety and hygiene.The group has recommended to Bishop-in-Council that the

need for such a position be considered as part of the review ofthe Registry Office and that the short and long term needs beexamined.

The working group also examined the policy on the re-investment of interest on trust funds. The current guideline isthat a minimum of 20% of income needs to be re-invested andthe remainder distributed to beneficiaries. The FinanceCommittee is currently considering the matter.

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The group recommended that at the beginning of each SynodCycle a review of all property in the Diocese be undertaken. Onthis basis the next review will take place in 2013.

The need to continue the collection of data relating to incomeand expenditure of all entities in the Diocese was affirmed.

It was suggested by the group that the Trusts Corporation andthe Finance Committee meet jointly. The group noted the Bishop's suggestion that the Aboriginal

Ministry Investment Fund be wound-up and combined with theGippsland Ministry Foundation (GMF) and that income ofbetween 10% & 20% be made available for aboriginal ministryfrom the GMF. This matter is currently under consideration bythe Finance Committee with a view to a recommendation to theCouncil.

the appointment of a part-time Diocesan Property Officer beconsidered as part of the review of the Diocesan Registryespecially in the light of the workload likely to arise [rom thereports of the Essential Safety Measures Inspections;

the reinvestment of interest on trust funds be expressed as CPIminus 2% rather than 20% of interested received;

A review of all property be undertaken at the beginning of eachSynod cycle; and

The consolidation of the accounts of all entities within theDiocese be continued.

3.4 The Abbey of St Barnabas at A'Beckett ParkThe Council received reports from the A'Beckctt DevelopmentCommittee during the year.The Council made available $220,000 from general diocesan trustfunds during the year for the refurbishment of the Numby Numby unit.Anglican Earthcarc Gippsland Incorporated, which is associated withthe Abbey, achieved Deductible Gift Recipient status from theAustralia Tax Office during the year.Abbey ceased to be a campsite in May 2011. An extensive retreatprogram was implemented from that time.There will be a separate and more extensive report to Synod 01 1A' Beckett Park.

3.5 Diocese of Gahini, RwandaThe relationship with the Diocese of Gahini continued to developduring the year. Continuing assistance to complete the "Seeds ofPeace" conference centre is in hand through the fundraising efforts 0 1 ' -

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Peter and Margaret Down and the "hands-on" contribution of Nevilleand Lyn Beaty.

3.6 Bushfire ReliefThe Diocese continued to receive funding from various sources duringthe year for bush fire relief including the National Horne Mission Fundand Anglieare.Mr David Wilcox has continued to work as a Community DevelopmentWorker in this area. He commenced work on 10 August 2009. It islikely that the funding will be exhausted in the first hal f of 2012.

3.7 East Pakenham DevelopmentWork commenced on providing mmistry in the new housingdevelopment in East Pakenham. Separate ministry units are in theprocess of being established at Bunyip and Nar Nar Goon with thelatter centre providing a base for this new ministry. Ministry resourceshave been strengthened in Warragul with the appointment of anassistant lay minister. This will free up the Archdeacon to devote timeto the developing the new arrangements.The Council made available $20,000pa from Youth Funds in theDiocesan budget and $22,250pa from the Gippsland MinistryFoundation. This funding will be in place for three years.Investigations are also underway concerning the possibility ofpurchasing a site for church development in the East Pakenham area.

4. FINANCIAL MATTERS4.1 The Diocesan Accounts

The auditors for the 2009-10 financial year were Mr David Gowland,Mr Ron Gowland and Mrs Cathie Halliwell of Latrobe BusinessSolutions. They have been appointed to audit the 2007-08 to 2009-10accounts.The Balance Sheet, Notes to the Accounts and Income and ExpenditureStatement are tabled together with the Audit Report at this session ofSynod.Income and expenditure have been in the expected range.The financial statements represent a consolidation of the accounts ofBishop-in-Council, the Trust Corporation, A'Beckctt Park and theADF - Gippsland. Separate financial statements are tabled for each ofthese entities to give greater detail for synod members.

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4.1.1 A'Beckett ParkIn 2009-10 a strong surplus of $11,383 was achieved. Thiscompares well with the modest surplus of $799 in 2008-09.The A'Beckett Park facility continues to be developed 111accordance with a vision adopted by Synod in 2007.

4.1.2 Church Book RoomThe Church Book Room is a comparatively small operationproviding communion wafers, candles, prayer books,hymnbooks, and bibles to parishes. A loss of $9,484 wasachieved during the 2009-10 financial year due to the chargingof management fees by the Registry Office. These had not beencharged for a number of years.

4.1.3 The Gippsland AnglicanThe Gippsland Anglican achieved a small loss of $253.10 in2009-10. The editing and production of the paper continues tobe undertaken by Ms Jeanette Severs and the Latrobe ValleyExpress continues to undertake the printing and distribution.The Council continues to appreciate the commitment of the MsSevers to the editor's role.

4.1.4 Anglican Development Fund - GippslandArchdeacon Clem Watts, the ADF Promotions Officer,continued to visit parishes during the year promoting the ADF.During 2009-10 deposited funds grew by 6.0% to $2,548,291and loans to parishes fell by 10% to $1,138,401.A surplus on operations of $56,225 was achieved during theyear.Parishes are able to borrow for any capital purpose with theapproval of Bishop-in-Council. This includes parish cars. Thecurrent loan rate is 7.00%.Current ADF interest rates are as follows -At CallTerm Deposit (to $20,000)Term Deposit (from $20,000)

3.75%4.75%5.00%

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4.1.5 Gippsland Ministry FoundationThe total capital of the fund was $1,303,955 as at 30 September2010 ($1,262,387 as at 30 September 2009).Grants were made to support parish ministry and clergytraining.

4.2 Budgets - 2011112The budget is in two parts: Trusts Corporation; and Bishop-in-Council4.2.1 Trusts Corporation Budgct

Bishop-in-Council endorsed the 2011112 budget on 17 February2011.This budget primarily relates to the investment and trustmanagement operations of the Diocese. These activities areseparate from the ongoing diocesan operations.

4.2.2 Bishop-in-Council BudgctBishop-in-Council endorsed the 2011 /12 budget on 17 February2011.This budget primarily relates to the day-to-day operations of theDiocese.The following points are made:

Diocesan operations are primarily funded by parishcontributions and allocations from trust operations. In2011112, these amounts are:o Parish Contributions - $255,000; and

o Trust Allocations - $348,600 plus an allocation from the ADF and interest from

Diocesan trusts. Expenditure is divided into three parts:

Allocations - $269,518The major items under this heading are:Monash Chaplaincy $15,500

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Conference ExpensesClergy RemovalGeneral Synod ContributionGippsland Ministry FoundationKoori MinistrySudanese Ministry

$13,500$23,000$28,000$130,000$10,418$15,000

The significant new item under this heading is anallocation from the Gippsland Ministry Foundation tosupport the Diocesan Strategy. $54,500 of this amountis ongoing expenditure which the Council decided tobring into the Diocesan budget instead of showing itseparately. The remaining $75,500 is directed towardsministry to children and youth and to support the EastPakenham development.Administration (Other than Staffing) - $197,500The major items under this heading arc:Accounting FeesBishopscourt ExpensesDepreciationRegistry Maintenance ContractsRegistry Expenses and RatesProfessional Standards ManagementTelephoneStaffing Costs - $565,450

$13,000$12,500$24,500$19,000$16,500$25,000$14,000

These items are detailed in the budget. r n this sectionthe expenditure on Koori Ministry and the BushfircWorker are brought to account instead of being treatedseparately.

It is expected that a small surplus will be the resultduring 2011112.

4.3 Trust Corporation - Interest RatesThe following rates are current:

Parish TrustsDiocesan TrustsClergy Car Replacement FundClergy Car Loans

4.75%4.75%4.75%7.00%

5. ANGLICAN TRUSTS CORPORATION AND FINANCE COMMITTEE

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5.1 Anglican Trusts CorporationThe Trusts Corporation membership comprises -The BishopThe ChancellorThe RegistrarMembers

Ex-officioEx-officioEx-officioThe Venerable H Marten, The Rcv'd RMacqueen, The Hon J Delzoppo, Mrs MShields, The Hon R fordham and Dr N Taylor.

The Trusts Corporation has met on four occasions since the last Synodsession.The role of the Trust is to:

.:. Ensure that the Trust Seal has been affixed in accordancewith the decisions ofBIC;

.:. Receive advice of any new bequests or trusts in which theDiocese has an interest and to ask questions about themanagement of trusts;

.:. To meet when a new trustee is appointed in order toauthenticate the seal and signatures.

Bishop-in-Council has also delegated certain property and investmentmanagement functions to the Trust.The Trust instigated a review of unused land in the Diocese in 2006and engaged Mr Tim Gibson, the Diocesan archivist to prepare a reporton the matter. The Trust is continues to work through the report inconsultation with parishes.The trustees signed a number of legal documents during the year.

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The Committee has met on nine occasions since last Synod.The main issues considered were-

.:. financial reports

.:. investments

.:. draft budgets

.:. end of financial year accounts

.:. ADF management

.:. property management

.:. Registry financial systemMost financial issues are examined prior to consideration byBishop-in-Council, eg budgets and financial reports.

5.2.2 'Financial Matters Dealt with by Bishop-in-Council.:. Consolidation of Accounts

The draft motion tabled at the 2008 Synod concerning theconsolidation of the accounts of all entities in the Dioceseincluding parishes was not adopted by Bishop-in-Councilbut the Finance Committee was encouraged to explore thepossibility of a consolidation as a one-off exercise as ameans of assessing the overall financial health of theDiocese. This task was completed for 2 0 0 7 / 0 8 and is almostcompleted for 2 0 0 8 / 0 9 .In relation to parish financial information the followingpoints are made: The analysis is based on income for the 2008-2009

financial years. Five parish returns were not available ofthe review. In these cases the 2 0 0 7 / 0 8 figures were usedalthough in one ease a parish has not submitted a returnfor some time.

Parish income for the period was $ 3,963,302 (2 0 0 7/0 8 -$3,534,126) which is up 12% on the previous year.

The main income sources were:._-----------Category Amount % of Parish incnm2008/09 2008/09 2 0 0 7 / 0.- -~~--- --~.- _ .. ._ - ---------_, ..-Offertory and $1,450,836 36.61% 39.75%

Collections ..--~--------_-Donations, $331,915 8.37% 12.03%Bequests and_Gifts 'r---~---Or Shors $550,990 13.90% 11.85%Fundraising $248,459 6.27% 7.16%Diocesan Grants $87,810 2.21% n/a

e8

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_c _~~ _ _ . ~ ~ n~___ T_ C___ _____________

Grants from $50,463 1.27% n / aGovernment ---- --ATO $64,624 1.63% n / a.. . _ - _ . _ - --------Missions $131,406 3.32% n / a__ ~ ~T _~ " n _________Special Purpose $159,888 4.04% n / aIncome -Transfers from $311,486 7.86% n/aReserves/Trusts ----,_ .. _ . _ . _ - - -Other $575,425 14.52% ---" -- _ ...Total $3,963,302 100.00% 100.00%..(Last Year -$3,285,985)

Parish expenses for the same period were: $3,963,142which is an increase of 17% on the previous year. Themain expenses were:

-Category Amount % of Parish Expenses2008/09 -------r---2008/09 2007/08

.. -,_ .. .Stipends $1,158,426 29.22% 29.92%..~-~---Parish Contribution $268,193 6.77% 6.86%to DioceseTotal Missions $207,525 5.24% 6.48%Buildings - Repairs $362,845 9.15% 4.55%and Maintenance ~~-.Utilities $166,988 4.21% 4.29%Insurance $141,853 3.58% 4.23%Travel and Motor $111,069 2.80% 3.36%Vehicle _ " _ . " .Other $1,546,243 39.03% 27.64%-Total $3,963,142 100.00% 100.00%

-...-.-(Last Year-$3,380,853) The commitment to missions 111 this period was$207,525.

Category Amount % of Parish Expenses _(Over $5,000) 2008/09 2007/08--ABM _~12,008 5.79% 5.53%--CMS $13,407 6.46% 3.47%

GHMF $5,290 2.55% 2.48%-_. --------BCA $7,879 3.80% 1.71%Gahini Link $8,550 --_._---4.12% 2.85%Parishes ---.BlIshfire~ecovery $6,111 2-94% nla- .---Indigenous Ministry $5,567 2-68% nla ---Other $148,713 71.66% 83.96%-Total $207,5~~. ___ 100.00% cJ.Q9.00~_ __--- (Last Year -$2 J 9,2 J 2)

.:. Collier Charitable Fund

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A grant to support parishes was sought from the CollierCharitable Fund and $40,000 was received. It wasdistributed to the following parishes:

Bruthen $5,000Bunyip $5,000Corner Inlet $5,000Heyfield $5,000Neerim South $5,000Rosedale $5,000Trafalgar $5,000Yarram $5,000Total $40,000

Note: For the information of Synod members, it isimportant to remember {hat the Collier Fund is not anAnglican Fund. The Fund was established in 1954 by Alice,Edith and Annette Collier, three Melbourne sisters, in orderto create a means by which their lifelong practice ofgenerous support of charities and of the disadvantagedwould be continued indefinitely after their death.Since then, the Trustees of the Fund have been makinggrants from the Fund's income each year to manyworthwhile organisations and projects in Victoria andelsewhere in Australia. The total of the grants made 1 0 daleexceeds $65 million. Two fourteenths of the income fromthe fund is designated for "Religious Purposes in theCommonwealth of Australia". This section of the Fund isthe origin of the $40,000 referred to above. Application ismade by (he Diocese every year for an allocation offundsfrom this source .

:. Diocesan Trusts under $5,000The Council agreed to a plan to manage Diocesan Trustswith a balance of $5,000 or less. The plan was developed bythe Diocesan Resources Working Group and was endorsedby the Finance Committee and the Trusts Corporation .

:. Investment Management FeesThe Council received advice from Macquarie PrivateWealth during the year that the Diocese had beenovercharged $30,416.43 in investment management fees inthe preceding 12 months. Macquarie manages 65% of allTrusts Corporation investments. To remedy this situation,Macquarie has chosen not to charge fees until the amount is

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extinguished. The Council has suggested an alternativenamely the cash refund of the fees and interest on theamount overcharged .

:. Essential Safety Measures InspectionsVictorian legislation is now in place designed to ensure thatessential safety measures in non-residential buildings arcmaintained.Items that are included under the legislation are:Air conditioning systemsEmergency lifts and lightingExt doors and exit signsEmergency power supplyFire control centresFire curtains and doorsEmergency warning systems

Fire hydrantsFire windowsMechanical ventilation

stairs,ire isolatedpassages rampsFire rated materialsPath of travel to exitsSmoke alarms

Fire extinguishersFire detectors and alarm systems Smoke control systems

Sprinkler systemsThe legislation requires that an initial inspection of allbuildings be carried out to determine the specific safetymeasures required for each non-residential building. Theend result of this process is that a schedule is created toensure that a proper maintenance program of safety items isestablished in accordance with the legislation.The Diocese has been working with the Uniting Church,Gippsland Presbytery, in carrying out the initial inspectionprogram. The two churches jointly engaged East GippslandBuilding Permits, Building Surveyors, to carry out thiswork. The joint approach reduced the cost of the exerciseparticularly travel costs. The Anglican contribution towardsthe initial inspection will be funded from the Diocesan Self-Insurance Fund. Any remedial work found to be necessaryfollowing the inspection will be the responsibility ofparishes.The reports were received on 18 April 20 II and will bedistributed to parishes for the implementation of therecommendations in due course. An electronic copy is heldin the Registry Office. (J:IIBuilding Survey Program/EOBPReports).

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6. INSURANCEInsurance premiums for 2011 are up by 11% on 2010. This is due mainly to a$20,652.17 (435%) increase in the Personal Accident and Sickness policy. TheDiocese has negotiated this new policy which provides for parishes to bereimbursed up to $750 per week when a clergyperson is ill. This benefitcommences from the first day of illness and the benefit becomes payableprovided the clergyperson is ill for at least 7 days. A medical certificate isrequired. There is also a $250,000 accidental death benefit.Other percentage movements in premiums were as follows:Buildings and Contents (ISR)Voluntary WorkersLiability InsurancesPersonnel Insurances (includes Personal Accidentand Sickness policy referred to above)

-1%-28%-12%+88%

The Internal Insurance Fund stood at $293,753.99 on 31 March 2011 (31March 2010 - 5289,809.66). This fund is used to pay ISR (buildings andcontents) claims or portions of claims under $10,000 which is the externalexcess applying to the ISR policy. The Diocese is required to apply an internalexcess of $500. In 2010-11 this fund was used to pay for the essential safetymeasures inspections required by Victorian legislation and costing a total of$44,870.00. Half of this amount has already been paid.

7. CLERGY STIPENDS & OTHER CONDITIONSThe Council agreed on the following minimum stipends to commence onJanuary 201 1: Persons in Orders in Charge of a Parish Person Second and Subsequent Years in Orders (90%) Person First Year i n Orders (80%)

$48,565 pa$43,709 pa$38,852 pa

A further increase as follows will apply from 1 July 2011 : Persons in Orders in Charge of a Parish Person Second and Subsequent

Years in Orders (90%) Person First Year in Orders (80%)

$50,027 pa$45,024 pa$40,022 pa

The Council is currently setting the stipend rate at 99% of the "in charge"stipend applying in the Diocese of Melbourne. It is planned that the stipendapplying from 1 January 2012 will be 100% of the Melbourne stipend.

8. PARISHES & OTHER MINISTRIES

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Major parish matters considered by the Council during the year included:8.1 General

8.l.1 Diocesan RegionsIt was reported to last year's synod that the senior staff, inconsultation with the clergy of the diocese, had decided toreduce the number of rural deaneries from five to three,matching the number of archdeaconries. The archdeaconrieswere renamed as "regions" and each region now has anarchdeacon and a rural dean acting as a team with responsibilityfor ministry in the region for which they are responsible. Therural deans are now invited to three senior staff meetings eachyear to contribute to the discussion and decision making ofsenior staff.Since the last session of Synod a decision has been taken by theSenior Staff to upgrade the position of Rural Dean to RegionalDean and increase the duties of the Regional Deans. Tocompensate for the extra time and ministry spent in theirregional roles, the regional deans' parishes will be financiallycompensated for a half-day of their time each week. Thisfurther decentralises ministry and mission oversight to theregions. What has previously been known as "Senior Staff' inthe diocese, (bishop, dean, archdeacons and Registrar) will nowbe known as "Diocesan Staff'. Within this, key roles for thearchdeacons will be their diocesan-wide "portfolio" roles. Thearchdeacon and regional dean of each region will be the"Regional Staff' for eaeh region.

8.l.2 Episcopal DistrictsThe Council requested the Senior Staff to undertake a review ofthe designation of ministry areas as "episcopal districts" duringthe year. As an interim the Senior Staff recommended that theterm "episcopal district" not be used for the time being.

8.2 Parishes8.2.1 Moe

It was reported to last year's Synod that the Sudanesecongregation had moved from Traralgon to Moe on 24 January2010. Since then proposals to develop Holy Trinity Church forthe usc by the community have been considered and approvedby the Council. Work has not yet commenced as governmentfunding is being sought for the purpose.

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In addition, the Diocese has funded the acquisition of a 22-seater bus for use principally to support the Sudanesecommunity and $3,000 has made available to fund a loansscheme for the community.

8.2.2 Wonthaggi/lnverlochThe Council approved a loan from the ADF of $11,000 toextend the rectory.

8.2.3 WesternportThe Council gave permission for the removal of the church hallat Lang Lang after the asbestos cladding has been removed.

8.2.4 Fish Creek Union ChurchThe Council approved a memorandum of understanding withthe Uniting Church on ministry at this church.

8.2.5 WarragulThe Council approved plans and funding for the refurbishmentof the former Dulcie Harris Kindergarten area.The Council also approved an in-principle proposal to placeancillary equipment for a Tclstra Tower in the St Paul's Churchprecinct.

8.2.6 TraralgonThe Council approved an in-principle proposal to place aTclstra Tower on St James' Church Traralgon.The Council also approved the closure of Glengarry Church inNovember 20 II.

8.2.7 Lakes EntranceThe Council approved a request from the parish to change itsname to "Lakes Entrance and Metung".

9. APPOINTMENTSThe following persons were appointed by the Council to the positionsindicated below: Finance Committee

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Mr Philip Davis, MP Gippsland Anglican Aged Care Limited

The following persons were appointed to the board under Section 14.I ofthe Constitution of Gippsland Anglican Aged Care Limited:The Rev'd Tony Wicking (Chair)Mr Peter Engel (Deputy Chair)Mr GeofTCueksonMrs Sue CucksonMr Chris AshleyMr Anthony Lake

Gippsland Grammar BoardMr Brian Norris was re-appointed to the Board for further three-year termfrom 27 April 2011.

10. OTHER MATTERS10.1 Gippsland Anglican Aged Care Limited

During the year the Council continued to monitor the action beingtaken for Gippsland Anglican Aged Care (GAAC) Limited to becompliant with the Retirement Villages Act 1986.The operations at Clifton Waters Village are now undertaken in thename of the company and accommodation deposits and the relatedliabilities are now in the hands of the Trusts Corporation.The Council approved capital and operating budgets for GAAC duringthe year.

10.2 Church of England Boys' Society (CEllS)The Council endorsed action to wind-up CEBS during the year.

10.3 Aboriginal Ministry CommitteeThe Council requested that the Bishop explore the establishment of anAboriginal Ministry Committee and to discuss with the Chancellor thedrafting of a bill for Synod's consideration for this purpose.

10.4 The Operation of SynodMembers of Synod will recall a group discussion session at Synod in20 I0 based on the following questions:

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What is good about Synod? What is not so good? Does Synod achieve its purpose? How can the effectiveness of Synod be improved?

Responses were summarised and these are available for Synodmembers to review,Bishop-in-Council established a working group to examine theresponses and decided as follows:That:a) More emphasis be placed on the Diocesan Strategic Plan by:

T . Encouraging the Bishop to include an evaluation of theplan in his address to Synod.

ii. Having a focus on the plan such as a motion or othermechanism to be discussed by groups in the Synod.iii. In addition, it was suggested that selected parishes be

asked to make presentations on the plan during thediscussions especially on haw the plan had been workedout in the parish.

IV. That in the first circular to be sent to synod members, afresh copy of the strategic plan be circulated and synodrepresentatives be asked to comment on how the planhad been implemented within their parishes.

b) A seating plan be developed allocating specific places to parishes.c) A remote screen be provided so that those on the stage so that theyare able 1 0 see what is on the large screen.

d) The Bishop be asked to clarify the action which should desirablybe taken in relation to the Episcopal Standards legislation.

e) A guest speaker be invited to Synod. The Bishop agreed to invitethe Primate to the 2011 session.

1) Bishop-in-Council circulates its own motions after the FebruaryBIC meeting with the preliminary Synod information circular.

g) We consider a focus on up 1 0 5 parishes at each session andencourage them to provide displays and to make a 5 minutepresentation on specific matters to the Synod. See b) c. above.

h) In response to Synod resolution 125110 (Youth membership ofSynod) that the Bishop be encouraged to appoint three youngmembers of Synod under section 26(4) of the Synod ACI.

i) A resolution be considered on Saturday to receive the Bishop'sAddress thus giving the opportunity for the discussion of theaddress in Synod. It was suggested that Mrs Beth Delzoppo wouldbe a good person to undertake this task. That the discussion belimitedfor 30 minutes.

j) The Delbridge Chapel in Sale not he used as a Synod venue in {hefuture but that the Grammar School be approachedfor the use o tthe Lorna Sparrow Hall at the Junior School.

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k) The Diocesan Missionary Council and the Social JusticeCommittee be abolished and amending legislation he consideredat the 2011 session of Synod noting that the functions of thesegroups are now taken up under other arrangements.

lO.5 Gippsland Grammar and St Paul's Grammar- PartnershipThe Council agreed to cooperate and support Gippsland Grammar andSt. Paul's Anglican Grammar School during a three year trial period ofa planned strategic partnership which will involve the appointment ofan Executive Principal employed by an Anglican Schools body withrepresentatives from each school board and the Diocese. The Diocesewill not be required to make available any funds but the Councilrecognised that the Bishop and other diocesan personnel will need tomake a significant contribution towards the planning and execution ofthis arrangement.

10.6 Gippsland Anglican Aged Care Limited - Constitutional MattersDuring the year the Council approved the following documents forboth Clifton Waters Village and Botterill Court:

A Management Agreement between Anglican TrustsCorporation and GAAC Limited; and

A Deed to be signed by the Trusts Corporation and the Dioceseacknowledging obligations under previous residents' contracts.

10.7 Anglican Communion CovenantThe Council decided to promote a discussion or the final draft of theCovenant within the Diocese by means of a paper presented to Synod.

10.8 Diocesan WebsiteThe Council supported the relaunching of a new diocesan websiteOctober 2010 and congratulated those responsible namely, Dr ColinThornby, Mr Lindsay McKay and Ms Kerrie Schmidt. The Councilalso endorsed a policy relating to the inclusion of material on the site.

10.9 Life FMThe Council agreed to the renewal of a lease for five years on premisesowned by the Diocese in Raymond Street, Sale to Life FM at a"peppercorn" rent.

10.10 Registry Office

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The Council considered endorsed the current working arrangements inthe Registry Office and approved a review to be undertaken in the latterhalf of 20 11. The review is to include a succession plan for all staff.Mr Norris's appointment as Registrar was extended for a further twoyears until 9 February 2013.

10.11 National Church Life Survey 20llThe Council agreed that the Diocese participate and fund the Survey tobe held in November 2011.

10.12 Disaster ReliefThe following funds were forwarded as set out below:Archbishop of Brisbane's Flood AppealNZ Bishops' Emergency Appeal $5,000$5,000

10.13 Safe MinistryA Safe Ministry Committee has been established this year under theleadership of Archdeacon Heather Marten. The Committee has metthree times since its formation in February 2011. Members of theCommittee and their broad roles arc:

Archdeacon I-leather Marten - Chair and Archdeaconresponsible for this area of ministry in the diocese;

Cheryl Russell- Director of Professional Standards (DPS) forthe diocese - provides professional advice and guidance onNational Church developments in this area;

Brian Norris - Registrar responsible for policy formulation,documentation and implementation for the diocese;

Kerrie Schmidt - committee secretary and generaladministration support

The meetings have considered the following matters: licensing and accreditation of people involved in any ministry

in the diocese but with particular emphasis on youth andchildren's ministry;

the management of tiles for people involved in any ministryhaving regard to privacy;

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the collection and storage of files that contain screeningdocumentation. It has been agreed that files held in parishes forpeople holding Bishop's licences or letters of authority to serveas Lay Readers, Pastoral Assistants, Liturgical Assistants andEucharistic Assistants need to located in the Registry Office. Aplan to implement this is being developed.

The current Safe Ministry Information sheet is at Appendix B.10.14 The Rev'd Canon Caroline Nancarrow

The Council acknowledged the ministry of Canon Nancarrow prior toher departure from Avon parish with the following resolution:945111 Resolved that Bishop-In-Council gives thanks to Almighty Godfor the outstanding contribution Canon Nancarrow has made to theDiocese of Gippsland and in particular to Bishop-in-Council and looksforward to the next phase of her ministry. Passed with acclamation.

11 . CONCLUSIONThe Counci I undertook a full program of work and believes that the outcomeshave been very productive. The Council would appreciate any feedback fromthe Synod on any aspect of its work at this session.

(Brian Norris)Registrar

APPENDICES:A - 2010 Resolutions of Synod

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] 1 9/1 0

1 2 0 / 1 0

I2l/10

1 2 2 / 1 0

1 2 3/1 ()

APPENDIX ADIOCESE OF GIPPSLAND

2010 RESOLUTIONS OF SYNODAction Takcn

Bishop-in-Council ReportResolved that this Synod receives the report of the Bishop-in-Councilcovering the work of the Council since the last session of Synod.ACTION TAKEN: No action required.2 0 0 9 / 1 0 Annual Accounts of the DioceseResolved that this Synod adopts the Diocesan Accounts for 2008/09.ACTION TAKEN: No action required2 0 1 0 / 1 1 Diocesan BudgetResolved that this Synod adopts the Diocesan Budget for 20 10111.ACTION TAKEN: No action requiredThe Operation of SynodResolved that this Synod receives the paper at Attachment A to thisbusiness paper. (Synod resolved itself into a conference session to discussthe paper)ACTION TAKEN: Bishop-in-Council considered a summary of Synod'sdiscussion on this matter and appointed a consultative group to makerecommendations. A report of the work of this group is in the Bishop-in-Council report to Synod (See para 10.4 above).Impact of Alcohol on the CommunityResolved that this Synod:a) Recognizes the need to support law enforcement authorities and

welfare agencies, such as Anglicare, in their attempts to cope withthe traumas caused by increasing incidences of" alcohol inducedviolence on the streets, roadways, in many homes and venues whereyoung people congregate;

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b) Supports by public declaration, the need to encourage responsibleand safe drinking practices for the people of our Diocese and thestate;

c) Indicates that it is aware of and sympathises with families who haveexperienced difficulties and been negatively affected by alcoholinduced violence of any description: and

d) Requests Bishop-in-Council to set up a reference group under theSocial Justice 2Panei to examine our Diocesan response to thenegative impact of alcohol 111 our community.

ACTION TAKEN: The Rev'd Sue Jacka was appointed as convenor ofaworking group to explore this matter and that the Bishop work with MsJacka to appoint the members of the group. There has been some difficultyin appointing the working group.a'Bcckctt Park DevelopmentResolved that this Synod:a) receives the Report by the Working Group concermng the re-

development of a'Beckett Park;b) thanks the many people from across the Diocese who arc giving of

their time and talents to maintain and enhance this significantDiocesan resource;

c) welcomes the progress made in implementing the Master Planpreviously endorsed by Synod providing for the establishment of aCentre for Spirituality and the Environment and a residentialChristian Community at Ena Sheumack House;

d) commends the Report to parishes and encourages their commitmentto the implementation of the Vision for a'Beckett Park to be "Aninternational Christian residential centre for spirituality and theenvironment and a place of pilgrimage, reflection, healing, learningand recreation";

c) notes that its is anticipated that planning approvals for re-development of the site will be finalized later this year andencourages Bishop-in-Council to consider making availableappropriate funds of the Diocese in order to demonstrate to otherpotential sources of financial support the commitment of theDiocese to this significant project.

(f) Notwithstanding the above that Bishop-in-Council prepare abusiness plan before considering making available any funds.

ACTION TAKI,:N: Bishop-in-Council to continue to take the matterforward together with the working group.Youth Membership of Synod and the Provision of a Youth ChaplainResolved that this Synod requests Bishop-in-Council consider taking stepsas necessary:

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a) to make provision for the election to Synod of three young peopleacross the Diocese; and

b) to make provision for the appointment for the appointment of achaplain to these and other young people.

ACTION TAKEN: In relation to a) three youth members of the Diocesehave been invited to be members of Synod under the Synod Act (Section26(4)). In relation to b) the Bishop has this matter under consideration.

1 2 6 1 1 0 Foundations of the Faith (Synod Resolution 1 1 7 / 0 9 )Resolved that this Synod receives the report from the group established byBishop-in-Council to take this matter forward. (Synod resolved itself info aconference session fa discuss the paper)

ACTION TAKEN: The working sponsored a teaching event with theRev'd Dr David Powys at the Cathedral on 9 April 2011.1 2 7 / 1 0 Diocesan Rcsourcing

Resolved that this Synod recognises the work being undertaken by theDiocesan Resources Working Group established by Bishop-in-Counciland strongly supports this activity as a means of supporting the mission ofthe Diocese and its parishes.ACTION TAKEN: Bishop-in-Council noted the motion.

1 2 8 / 1 0 Parish RecordsResolved that this Synod requests Bishop in Council to set up theappropriate processes to establish a Diocesan Policy on records to be keptby Parishes and that such policy examine the purpose of record keeping inorder to ascertain and clarify what details arc reported to the Diocese andtheir use by the Diocesan Office be explained. This policy is to includeelectronic records.

ACTION TAKEN: That Bishop-in-Council has agreed to engage aconsultant to examine this matter. The Registrar is looking for ways toadapt the small archive manual of the Diocese of Canberra & Goulburn forthis Diocese.

1 2 9 / 1 0 Motion of AppreciationThat this Synod expresses its appreciation to:a) The Bishop for his leadership of the Synod and for his Presidential

Address;

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b) The Chancellor and officers of Synod; the Chair and Deputy Chairof Committees, the clerical and lay secretaries and the timekeeper;

c) The Dean and the people of the Cathedral Parish for their hospitalityand care in hosting the Synod Session and especially for the synodservices;

d) The Cathedral catering group, Mrs Pam Schmack and her team, fortheir ministry during Synod;

e) Barry and Annette Letts Funeral Service for the use of the DelbridgeChapel for the Synod Session; and

f) The Registry staff for their preparatory work for Synod.ACTION TAKEN: The Registrar has written letters to all those referredto in the motion.

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Anglicau Diocese of GippslandGIPPSLAND MINISTRY FOUNDATION

BUDGET 201t/t2

Income 2011112 2 0 / 0 - 1 1 2 0 0 9 1 1 0Budget Forecast ;Itual

GMF Income (80% of income) 50,000.00 5 0 , (JO O , 0 63,2 5 I.()()Donations - Clergy Training 1,500.00 1 ,5 0( J ,O O /,90!'(JOWithdrawal from Capital 78,500.00 1 6 , 0 0 0 , 0 0

130,000.00 67,5 0 0 ,0 0 65,1 5 2 ,0 0

Expenditure

Clergy Training 32,000.00 3 2,0 0 0 , 0 0 31 , ( )80 , ( ) ( )A'Bcckett Park Co-ordinator 22,500.00 2 2 , 50 ( ), D O 2 1 ,6 98 . 0 0])ioccsan Grant 50,000.00 0 ,00Warragul/East Pakenharn Partnership 22,500.00 1 0 , 0 0 0 , 0 0Growth in Ministry 3,000.00 3,0 0 0 ,0 0 2 ,91 9,0 0Parish Assistance 0.00 8,599,00Vocational Assessment 0.00 85 6,00

130,000.00 67,5 0 0 .0 0 65,1 5 2 ,0 0

Su rplus/Defic it 0.00 0 ,00 0.00Projected Capital 1,209,455.00 1 ,287.95 5 ,00 1.303.955.00

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- - - - - - - - - - - - - - - - - - - - - - - - - ~ . . - . - ~ . - - - . - - . - - - . - - - - - - ~ - - . - . - - . - - - - - - - - - - . . - - - . - . . - . . . .- - . - - - 1. Jishop-in-Council (Further Amendment) Bill

Explanatory MemorandumBackground

The purpose of this Bill is to correct a mistake in the Bishop-ill-Council (Amendment)Act 2010. Section 3 of that Act provided for the members of Bishop-in-Councilappointed by the Bishop to be 3 licensed clergy and (in error) 6 eligible lay persons.However, the number of appoint cd members was not intended to be altered---3 licensedclergy and 3 lay persons--- and the Bishop made appointments in 2010 on that basis.

Clause NotesClause I cites the title of the Bill.Clause 2 provides for the commencement of sections 1 and 2 on the Bishop's assent

to the Act and deems section 3 (correcting the error) to have come intooperation immed iately after the commencement of the 20 I 0 amendment.

Clause 3 substitutes a new paragraph (b) in section 6 of the Bishop-in-Council Act1970 providing for the appointed members of Council to be 3 licensedclergy and 3 eligible lay persons.

15-UOll

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Bishop-in-Council (Further Amendment) Bill

A BILLto amend the Bishop-in-Council Act 1963 and for other purposes.

BE IT ENACTED by the Bishop, the Clergy and the Laity ofthe Anglican Church ofAustralia within the Diocese of Gippsland in Victoria duly met in Synod according to lawas follows:Short titleI . This Act may be cited as the Bishop-in-Council (Further Amendment) Act

2011.Commencement2. (I) Section 1 and this section come into operation on the date on which this

Act receives the assent of the Bishop.(2) Section 3 is deemed to have come into operation immediately after thecommencement of the Bishop-ill-Council Act 2010.

Constitution of the Council3. In section 6 of the Bishop-in-Council Act 19631, for paragraph (b) substitute-

"(b) Appointed-three licensed clergy and three eligible lay personsappointed by the Bishop."

IThe Bishop-in-Council Act 1963 came into operation on 30 April 1963 and has been amended by theBishop-in-Council (Amendment) Act 1988, the Bishop-in-Council (Amendment) Act 2000 and theBishop-in-Council (Amendment) Act 2010.

lY/l2011

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-- ------------.-- ..--~-~-------------------.----.---Appointments (Amendment) Bill


The purpose of this Bill is to amend the provisions relating to authorisation of clericalministry in parishes otherwise than by the incumbent or the Bishop.

Clause IClause 2Clause 3

15./20/1

Clause Notescites the title of the Bill.provides for the commencement of the Act on receiving the Bishop's assent.substitutes a new section 25 in the Appointments Act 1994, to provide thatthe incumbent may authorise a member of the clergy, who holds the licence orauthority of the Bishop, to perform a clerical office in the parish but may notso authorise any other member of the clergy unless the Bishop consents.

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Appointments (Amendment) Bill ' - ~ - ~ J------

A BILL

to amend the Appointments Act 1994 and for other purposes.BE ]T ENACTED by the Bishop, the Clergy and the Laity of the Anglican Church ofAustralia within the Diocese of Gippsland in Victoria duly met in Synod according to law asfollows:Short titleI. This Act may be cited as the Appointments (Amendment) Act 2011.Commencement2. This Act comes into operation on the date on which it receives the assent of the

Bishop.New section 2 5 substituted3. For section 25 of the Appointments Act 19941 substitute-

Consent to officiate"25. A member of the clergy, other than the Bishop or the incumbent, shall not

perform any clerical office in a parish without-(a) ifthe member of the clergy holds a licence or authority from the

Bishop, the consent of the incumbent or, if there is a vacancy in theincumbency or the incumbent is absent or suspended from office, theBishop;

(b) in any other case, the consent of the Bishop and (unless there is avacancy in the incumbency or the incumbent is absent or suspendedfrom office), the incumbent.".

I The Appointmcnts Act 1994 came into operation on 1January 1995 and has been amended by theAppointments (Amcnd ment) Act 2000, the Appointments (Amcndment) Act 2003, the Appointments(Amendment) Act 2004, the Appointmcnts (Rctiring Age) Act 2007 and the Appointments (ClcrgyAdvisory Board) Act 2010.

15./.20II 36


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--------------.------~-------------------- ------Redundant Acts (Repeal) Bill

._-- _ _ .. _ - _ ....-. -----Explanatory Memorandum

BackgroundThe purpose of this Bill is to repeal two Acts that have become redundant.The first is The Committeefor Social Responsibility Act 1975. The second is theDiocesan Missionary Act 1983. Both Acts provide for a committee or council thatincludes members elected by Synod. In recent years, nominations by Synod membershave been few or non-existent, consequently making the two Acts somewhat ineffective.The Acts are, in any event, reflective of the years when they were enacted and are nolonger necessarily the preferred method of carrying out their intent.On the recommendation of Bishop in Council, it is proposed that the intentions behind th etwo Acts, the setting up of a group with particular responsibility for enquiring into socialissues or missionary work, may be better achieved through appropriate initiatives takenby Bishop in Council, including the appointment of cornmittees., This will provide moreflexibility for addressing questions or proposals requiring the attention of the Diocese, asand when they arise.

Clause NotesClause I cites the title of the Bill.Clause 2 provides for commencement of the Act on receiving the Bishop's assent.Clause 3 repeals The Committeefor Social Responsibility Act 1975 and three other

Acts that amended that Act.Clause 4 repeals the Diocesan Missionary Act 1983.

29.J2()//

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....-.-----~- ._-Redundant Acts (Repeal) Bill l

-----~.---.-~~-~~

A BILLto repeal The Committeefor Social Responsibility Act 1975 and the Diocesan Missionary

Act 1983 and for other purposes.

BE IT ENACTED by the Bishop, the Clergy and the Laity of the Anglican Church ofAustralia within the Diocese of Gippsland in Victoria duly met in Synod according to lawas follows:Shorl titleI. This Act may be cited as the Redundant Acts (Repeal) Aet 2011.Commencement2. This Act comes into operation on the date on which it receives the assent of the

Bishop.Repeal of The Committee/or Social Responsibility Act 19753. The following Acts are repealed:

(a) The Committee for Social Responsibility Act 1975;(b) Committee for Social Responsibility Aet Co-opted MembersAmendment Act 1986;(c) The Committee for Social Responsibility (Amendment) Act 1992;(d) The Committee for Social Responsibility (Amendment) Act 1998.

Repeal ofthe Diocesan Missionary Act 19834. The Diocesan Missionary Act 1983 is repealed.

293'20! I

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[ - ... -------- Aboriginal an_~.TorresStrait Islander Peoples Ministry Bill ~.JExplanatory Memorandum

BackgroundThe purpose of this Bill is to make further provision for Aboriginal and Torres StraitIslander Ministry in the Diocese of Gippsland.

Clause 1Clause 2

Clause 3Clause 4

Clause 5

Clause 6

Clause 7

Clause 8Clause 9Clause 10

/5///20//

Clause Notescites the title of the Bill.provides for commencement of sections I and 2 on receiving the Bishop'sassent and the remaining provisions on a date approved by Bishop inCouncil.sets out definitions of terms used in the Bill.establishes a Trust Fund of which the trustee is the Anglican Diocese ofGippsland Trusts Corporation.sets up a committee, to make recommendations to Bishop in Council,consisting ofthe Bishop, 2 person elected by Synod and at least 4 personsappointed by Bishop in Council in consultation with the Elders ofAboriginal Communities in Gippsland.provides that the functions of the Committee are to makerecommendations to Bishop in Council for the development of ministry byand to Aboriginal and Torres Strait Islander Peoples, the development ofcongregations, training in ministry, resourcing of ministry (includingexpenditure from the Trust Fund) and education and awareness of theministry.enables arrangements to be made for the care of a ehurch or building orother property set aside for Aboriginal and Torres Strait Islander Ministry.contains provisions about meetings and decisions of the Committee.requires the Committee to report to each session of Synod.contains transitional provisions for the appointment of 2 members of theCommittee to hold office until the election of2 members by Synod.

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I _ _ _ _ _ _n~---it;;-;;g;~al andTorres~traithlander Peopl;sMinistryBil,.-------~

A BILLrelating to Aboriginal and Torres Strait Islander Peoples Ministry within the Diocese of

Gippsland and for other purposes.

BE IT ENACTED by the Bishop, the Clergy and the Laity of the Anglican Church ofAustralia within the Diocese of Gippsland in Victoria duly met in Synod according to lawas follows:ShorttitleI. This Act may be cited as the Aboriginal and Torres Strait Islander PeoplesMinistry Act 2011.Commencement2. (I) Section 1 and this section come into operation on the date on which this

Act receives the assent of the Bishop.(2) The remaining provisions of this Act come into operation 011 a date

determined by the Bishop and approved by Bishop in Council.Definitions3. (I) InthisAct-

Committee means the committee established under section 5.Fund means the Aboriginal and Torres Strait Islander Peoples MinistryTrust Fund established under section 4.Member means a member of the Committee.

(2) A reference in this Act to Aboriginal Communities in Gippsland includes areference to communities of Aboriginal Peoples, Torres Strait IslanderPeoples or both Aboriginal Peoples and Torres Strait Islander Peoples.

1 5 / 1 1 2 0 1 1

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[ --------------------------------------------________ ~~!)riginal and Torres Strait Islander Peoples Ministry Bill 1_______Ministry Trust Fund4_ (1) The Aboriginal and Torres Strait Islander Peoples Ministry Trust Fund is

established.(2) The trustee of the Fund is the Anglican Diocese of Gippsland Trusts Corporation.(3) There shall be paid to the credit of the Fund---

(a) such amounts as are from time to time determined by Bishop in Council; and(b) amounts received from donors for payment into the Fund; and(c) such other amounts as are payable to the Fund.

(4) Amounts standing to the credit of the Fund may be appl ied in accordance withdecisions of the Ministry Committee.Ministry Committee5. (I) There shall be a Ministry Committee consisting of--

(a) the Bishop; and(b) 2 persons elected by Synod; and(c) at least 4 persons appointed by Bishop in Council in consultation with the

Elders of Aboriginal Communities in Gippsland.(2) The term of office of a member elected by Synod or appointed by Bishop in

Council expires at the end of the first session of the Synod next occurring afterthe member's election or appointment.

(3) The office of a mcm bel' is vacant if the mcmber--(a) resigns by notice in writing given to the Bishop;(b) is absent without leave from 4 consecutive meetings of the Committee; or(c) is removed from office under subsection (6)_

(4) A vacancy in the office of a member elected by Synod may be filled for theremainder ofthc member's term by a person appointed by Bishop in Council.

(5) A vacancy in the office of a member appointed by Bishop in Council undersubsection (1)( c) may be filled for the remainder of the member's term by aperson appointed by Bishop in Council after consultation with the Elders ofAboriginal Communities in Gippsland.

I 5N/20 I I

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[_-_______ A_h_originaland Torres Strait Islander Peoples Ministry Bill

(6) The Bishop in Council may remove a member from office if of the opinion thatthe member is mentally or physically incapable of carrying out satisfactorily theduties of the office.

Functions o f the Ministry Committee6. The functions of the Committee are to make recommendations to Bishop in

Council in relation to-(a) the development of ministry by and to Aboriginal and Torres Strait Islander

Peoples in Gippsland, including ministry in Aboriginal Communities, thedevelopment of congregations and training in ministry;

(b) the resoureing of ministry by and to Aboriginal and Torres Strait IslanderPeoples in Gippsland, including ministry in Aboriginal Communities andtraining in that ministry;

(c) the education and awareness of the people of the Diocese about ministry byand to Aboriginal and Torres Strait Islander Peoples and AboriginalCommunities in Gippsland;

(d) the expenditure of amounts standing to the credit of the Fund.Care a/property7 If a church or building or other property is set aside by resolution of the Bishop in

Council for the use of Aboriginal and Torres Strait Islander Peoples, the Bishop inCouncil, on the recommendation of the Committee, may approve arrangementsfor the care and maintenance of the church, building or other property.

Meetings a/the Ministry Committee8. (1) Thc Committee must meet at least 3 times eaeh year.

(2) Meetings are to be held at such times and places as the Bishop determines.(3) The Bishop, or a member of the Committee appointed by the Bishop, is

the Chair of the Committee.(4) If the Bishop is absent from a meeting and has not appointed a member as

Chair, a member of the Committee appointed by the members present isthe Chair of the Committee for that meeting.

(5) At a meeting of the Committee, a quorum is 3 members of whom at least 2are members holding office under section 5( 1)(c).

/5!-l12()//

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[--_ Aborigin~~z..andTorres Strait Islander Peoples Ministry Bill. .--](6) A motion is not a decision of the Committee unless agreed by at least 3

members of whom at least 2 are members holding office under section5(1)(c).

(7) A decision of the Committee is not invalid only because of a defect orirregularity in, or in connection with, the election or appointment of amember.

A nnual Report9. The Committee must provide a report to each session of Synod on its activities

since the last preceding session of Synod.Transitional10. Until an election is held by Synod to fill the positions of the 2 members of the

Committee referred to in section 5( I)(b), the positions shall be filled by personsappointed by the Bishop in Council.

I 5/.J/2{) I 1

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Long Service Leave Canon (Assent) Bill~~---.--------.-------


The purpose of this I3ill is to assent to the Long Service Leave Canon 20 I0 enacted by theGeneral Synod at its Meeting in 2010. The Canon provides for long service fo r mcm bers 0f theclergy.

Clause NotesClause 1 cites the title of the Bill.Clause 2 provides for this Bill, as enacted, to commence on receiving the I3ishop's assent tothe Act.Clause 3 provides that this Synod assents to the Long Service Leave Canon 20 I0 of the

General Synod.The Schedule sets out the text of the Long Service Leave Canon 2010 of the General Synod.

The purpose of the Canon is to lower the minimum entitlement to long serviceleave from the present 3 weeks to one calendar week (section 35(2)) and to insert awinding-up provision in section 48 of the Long Service Leave Canon 2007.The Canon re-enacts the 2007 Canon with those two amendments and thenecessary consequential amendments.

Note: The Long Service Leave Canon 2010 will come into operation on 1 January nextfollowing next following the receipt by the General Secretary of General Synod ofnotices that the Canon has been assented to by Ordinance of the synod of each of thedioceses that are participating dioceses under the Canon.

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Long Service Leave Canon (Assent) Bill-------------- -------~~~

A BILLto assent to the Long Service Leave Canon 20 lOaf the General Synod and for other purposes.

HE IT r-:NACTED by the Bishop, the Clergy and the Laity of the Anglican Church of Australiawithin the Diocese of Gippsland in Victoria duly met in Synod according to law as (allows:Short titleI. This Act may be cited as the Long Service Leave Canon (Assent) Act 2011.Commencement2. This Act comes into operation on the date on which it receives the assent of the Bishop.Assent to Long Service Leave Canon3. The Synod of the Diocese assents to the Long Service Leave Canon 20 lO of the General

Synod, a copy of which is set out in the Schedule.

SCHEDULE

CANON NO 7, OF 2010LONG SERVICE LEAVE CANON 2010

The General Synod prescribes as follows:Title1. This canon may be called the "Long Service Leave Canon 2010".Commencement2. (1) This Canon comes into operation on the first day of January next following the receipt by the

General Secretary of General Synod of notices that it has been assented to by Ordinance ofeach of the dioceses that are participating dioceses under the Long Service Leave Canon1992-1995 (the "Former Canon") (in this Canon called "the date of commencement").

(2) When the General Secretary of General Synod has received the necessary notices of assentfor the purpose of sub-section (1), the General Secretary of General Synod shall noti fy assoon as possible each diocese of the date of commencement.

The Board3. The Long Service Leave Board established by the Former Canon continues in existence under and

subject to this Canon and the Schedule to this Canon.

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Long Service Leave Canon (Assent) Bill---- _ ... --~-----

TheFund4. The Long Service Leave Fund maintained under the Former Canon continues in existence under

and subject to this Canon and is in this Canon called "the Fund".Repeal5. The Former Canon, the Long Service Leave (Amendment) Canon 2001 and the Long Service Leave

Canon 2007 are repealed except that (save as provided in this Canon expressly or by necessaryimplication) all persons things and circumstances appointed or created by or under the Long ServiceLeave Canon 1966-1987 ("the Initial Canon") or the Former Canon or existing or continuing underthem immediately before the date of commencement under and subject to this Canon and [heSchedule continue to have the same status operation and effect as they respectively would have hadif the Initial Canon and the Former Canon had not been so repealed.

Entitlements6. The provisions of the Long Service Leave scheme are prescribed in the Schedule.Amendments to Schedule7. (I) The Standing Committee of General Synod

(a) may make regulations relating to the general operation of this Canon;(b) may, with the written consent of each Metropolitan, make such regulations

amending the Schedule as the Standing Committee considers necessary for thepurpose of ensuring that its provisions are consistent with legislation enacted by theCommonwealth, a State or Territory and appl icable to the subject matter of this Canon.

(2) A regulation made under sub-section (l)(b) ceases to have effect on 31 December after theclose or the next following ordinary session of General Synod.

8. Any amendments to the Schedule shall be advised to the participating dioceses and organisationswithin 60 days of the agreement in clause 8.

Financial Protection Canon9. The Corporation referred to in the Schedule is declared to be an Organisation to which the Financial

Protection Canon 1995 applies.

SCHEDULEPART I: INTRODUCTORY

Definitions1 . ( I ) Under this Schedule or in any regulation made pursuant to the provisions of this Schedule

except in so far as the context or subject matter otherwise requires or indicates-"Board" means the Long Service Leave Board constituted under Part II of this Schedule;"Church" means the Anglican Church of Australia;"Commencement Date" means the date of commencement of the Long Service Leave Canon2010;

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"Corporation" means the company limited by guarantee incorporated under the law ofVictoria under the name Anglican Long Service Leave Fund Limited;"Eligible Charity" means an institution, fund or trust established and maintained for theadvancement of religion or other public charitable purposes the income of which is exemptfrom income tax in Australia;"Former Canon" means the Long Service Leave Canon 1992 -1995;"Fund Year" means a period of 12 months ending on the 31 st day of December, or on suchother date as the Board may determine, and includes, if the Board determines another date,such period more or less than 12 months as the Board determines;

"Initial Canon" means the Long Service Leave Canon 1966-1987;"Member of the Clergy" means -(I) a bishop of a diocese;(ii) a person in holy orders collated instituted or licensed by the bishop of a diocese to the

cure of souls in a parish or to any other appointment in a parish;(i i i) a bishop, dean, archdeacon, canon, principal, vice principal or tutor in holy orders of a

university or theological college, a principal of a school or a chaplain, or other personin holy orders licensed to a distinct official position in the diocese or holding someother licence of the bishop of the diocese;

(iv) a person in holy orders on missionary service;(v) for the purposes of this Schedule, in relation to a diocese the synod of which so

resolves, a person licensed by the bishop of the diocese to exercise the office ofdeaconess in that diocese; or

(vi) the Bishop to the Defence Force and Defence Force chaplains in holy orders;"Notional Stipend" means notional annual stipend within the meaning of section 41;"Ordinary Stipend" in relation to a participant means stipend or salary at the rate paid to theparticipant immediately preceding the date on which the participant enters or is deemed toenter upon long service leave;"Parish" includes any parochial district, or similar pastoral division constituted by or underordinance of the synod of a diocese;"Participant" means-(i) a member ofthe clergy in receipt of an ordinary stipend; or(ii) a person employed by a participating diocese or participating organisation who:

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Long Service Leave Canon (Assent) Bill- _ . _ ...__ ._-----_. _ _ ._ .._ .- ..- - - - - - . ----------- ------------_---__-----

(a ) w ith the consent of the B oard is nom ina ted as a partic ipant by the partic ipatingdiocese or partic ipating o rg anisation ; or

(b ) is a m em ber of a c lass of people defined w ith the consent of the B oard as ap articip ant b y th e p artic ip atin g d io cese o r p articip ating o rg an isa tio n;

for the purposes of th is Schedu le;"Participa ting D iocese" m eans -(i) a diocese o f the C hurch which was a partic ipating d iocese for the pu rposes of the

Initial C anon or the Fo rm er C anon; and

(ii) a d iocese of the C hu rch adm itted under Part V of th is Schedule to be a participatingdiocese;"Partic ipating O rganisation" m eans -(i) an organisa tion w hich was a participa ting o rganisation for the purposes of the Initial

C anon or the Fonner C anon; and(i i) an organisation adm itted under Part V of th is Schedule to be a partic ipating

organisat ion;"Proper O fficer" in rela tion to a participa ting organisation, m eans the person particu lars ofw hose office, nam e and add ress are fu rn ished to the B oard by the participating organisa tionas those o f the proper officer for the tim e being of the organisa tion for the pu rposes of th isSchedule;"Q ualify ing Serv ice" m eans qualifying serv ice w ith in the m eaning of section 3 4;"Sabbatica l A llow ance" m eans an allow ance paid to a participant to assist w ith the cost ofta kin g le av e;"Serv ice" m eans paid serv ice in a fu ll tim e or part tim e capac ity as a partic ipant;(i) in a diocese of the C hurch or in a diocese wh ich was fo rm erly part of the C hu rch ;(ii) as a m issionary being serv ice w hich the Board w ith the approval of the Standing

C omm ittee prescribes either genera lly or in a particular case to be o r to have beenm issio nary serv ice; or

(iii) as an em ployee of a partic ipating organization and includes any period during suchserv ice of annual holiday leave or of furlough and any period o f long serv ice leaveunder the Initial C anon and/or Fonner C anon or th is Schedule, and "serve" and"serv ing" have corresponding m eanings; and

"Standing C om mittee" m eans the Standing C om mittee of G eneral Synod.

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------~------~--~-------~---- ....-Long Service Leave Canon (Assent) Bill

(2) Except in so far as the context or subject matter otherwise requires or indicates, wordsimporting the singular number include the plural number and vice versa and words importingthe masculine gender import the feminine and except for the word "deaconess", wordsimporting the feminine gender import the masculine.

(3) Headings of parts of this Schedule are deemed to be part of this Schedule but the headings tosections and any footnotes arc not.

PART II: TIIE BOAH})Tile Board2. FOt"the purposes of this Schedule there is a Board called the Long Service Leave Board.

Membership3. (I) A person may not be elected a member of the Board who has been declared by any competentcourt incapable of managing his or her affairs;

(2) Subject to section 4, the Board consists of 9 persons namely ~(a) 1 member of the House of Bishops;(b) 2 members of the House of Clergy;(c) 4 lay members of this Church;

each of them elected at an Ordinary Session of General Synod by the House of which thatperson is a member, or in the case of lay members, by the House of Laity and(d) 2 members appointed by the Board for such term (not exceeding 3 years) as the Board

may determine.(3) Upon the date of commencement, the persons who held office as members of the Board

established by the Former Canon hold office as members of the Board established bythis Schedule as if duly elected by the respecti ve House of General Synod of which they aremembers, or in the case of lay members by the House of Laity.

(4) A member of the Board to whom sub -section (3) applies holds office, subject to thisSchedule, until:(a) in the case of the member who is elected by the House of Bishops, or of the member

who is elected by the House of Clergy and the 2 members who arc elected by theHouse of Laity to whom this paragraph applies, the first ordinary session of GeneralSynod next following the date of commencement; or

(b) in the case of any other of those mem bers - unti I the second ordinary session ofGeneral Synod next following the date of commencement.

(5) The members elected by the House of Clergy, and the members elected by the House ofLaity, respectively, shall determine among themselves which member elected by the House

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~_-~-_~-.~ --- -~L -O -n -g -S-e-'-'V -iC -e-L -ea-V -e-c-a-n -O -n -(-A -S -Se-n -t-)-B ~~ i-ll--- _~~ __ = - Jof Clergy and which 2 members elected by the House of Laity paragraph 3(4 )(a) shall applyto and, failing determination within I month after the date of commencement, the GeneralSecretary of General Synod shall make the determination by lot.

(o) Subject to sub-section 3(4):(a) a memberofthc Board elected by the House of Bishops holds office until the ordinary

meeting of General Synod next following the election of the mern her; and(b) a mern ber of the Board elected by the House of Clergy or House of Laity holds office

until the second ordinary session of General Synod next following the election or themember.

(7 ) J\ member of the Board is eligible for re-election.

Vacancies4. (I ) J\ mem bel' of the Board ceases to hold office if the member-

(a) resigns;(b) dies;(c) is declaredremains so;

by any competent court incapable of managing his or her affairs and

(d) fails to attend three successive meetings of the Board without leave ofthc Board; or(e) is removed by resolution of the Standing Committee.

(2) The Standing Committee by resolution may at any time-(a) remove a member of the Board from office; or(b) fill a vacancy which occurs in an office of member of the Board.

(3) If a vacancy is filled by the Standing Committee under sub -scction (2) the office of amember of the House of Bishops must be filled by a member of the House of Bishops, theoffice of a member of the House of Clergy must be filled by a member of the House ofClergy and the office of a lay member must be tilled by a lay member of this Church.

(4) A vacancy or the omission to fill a vacancy does not affect the acts or authority of the Board.(5) J\ person appointed to fill a vacancy holds office for the balance of the term of the person

being replaced.Chair5 . ( 1 ) The Board at its first meeting after each General Synod must elect from among its members a

person to occupy the chair.

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__--------.--.-.---- ..~~- --_--- -~---.-----------.--.-Long Service Leave Canon (Assent) Bill

--------------- _._------_--- ---_. _ _ --(2) In the absence of that person from a meeting of the Board the members present must elect

1'1'0111 among themselves some other person to occupy the chair.Quorum6. The quorum for a meeting of the Board is 5 members.Functions7. The functions of the Board are the management and control of the Fund and any other functions

which this Canon or the regulations require to be performed, and does not vest in some other bodyor person.

Power s8. (I) The Board in performance of the functions vested in it by this Schedule has such powers as

(a) arc necessarily incidental to or convenient for the due performance of those duties; or(b) are expressly vested in the Board by this Schedule.

(2) The Board may employ as agents and pay-(a) any accountant, actuary, banker, barrister, solicitor, estate agent, fund manager,

insurance broker, stock broker or other professional person;or

(b) any suitably qualified organisation;

to perform any function of the Board under the Long Service Leave Canon 20 I0 and thisSchedule.Rules and Regulations9. (1) Subject to Part IV of this Schedule the powers of the Board include the power by resolution

of the Board to make rules and regulations not inconsistent with this Schedule and necessaryor convenient to be made for giving effect to this Schedule including, but without limiting thegenerality of the foregoing, with respect to-(a) the Board's own proceedings records and reports including the procedure for the

making of rules and regulations and, without divesting itself of its responsibilitiesunder this Schedule, the appoi ntment of committees of its members and co-option tomembership of any such committee;

(b) the contracting out to a suitably qualified organisation of the day to day administrationof the Fund in accordance with the directions of the Board;

(c) the appointment of all necessary officers, definition of their duties and theirremuneration (if any);

(d) money property investments and audit;(e) actuarial investigations consultation approval and advice;

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Long Service Leave Canon (Assent) Bill

(f) contributors;(g) benefits; and(h) any matters in which under this Schedule the Board has a discretion power or duty.

(2) Upon making a rule or regulation the Boa rd must cause notice of its terms to be given to theStanding Committee, to the Registrar of every participating diocese and to the proper officerof every participating organisation.

(3) On the first day of the first Ordinary Session of General Synod after the making ofa rule orregulation a copy of the rule or regulation must be laid before the Synod and it is lawfulfor the Synod at that session to disallow it, but disallowance by Synod does not invalidate oraffect anything done or contracted to be done under a rule or regulation before itsdisallowance.

(4) The Standing Committee may disallow a rule or regulation made by the Board at the firstmeeting of the Standing Committee after notice is given under sub - section (2) but thedisallowance docs not in validate or affect anything done or contracted to be done under arule or regulation before its disallowance.

(5) Upon disallowance by General Synod or the Standing Committee of a rule or regulationmade under this Schedule the Standing Committee must cause notice of the disallowance tobe givcn to the Board, to the Registrar of every participating diocese and to the proper officerof every participating organisation.

(6) Where a rule or resolution is disallowed, any other rules or resolutions made by the Boardhave effect as if the disallowed rule or resolution had never been made.

Actuariul Advice10. No power or duty of the Board which entails actuarial knowledge, calculation or judgment may be

exercised without obtaining and considering the advice of the Actuary.DiscretionsI I. Subject only to thi s Schedule, the Board in exercise of the authorities, powers and discretions vested

in it under this Schedule has an absolute discretion and -(a) may exercise all or any of its powers, authorities and discretions from time to time; or(b ) (except so far as it may be necessary to give effect to any legal or enforceable rights of any

person) may refrain from exercising all or any of its authorities, powers and discretions fromtime to time or at all.

Decluration of Interest12. (1) Every member of the Board who-

(a) is or becomes in any way, whether directly or indirectly, interested in a contract orproposed contract with the Corporation; or

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..._.- .-----~---.----- .--__-_-Long Service Leave Canon (Assent) Bill

..- - -----_ ... .._---(b) holds an office or possesses property whereby whether directly or indirectly duties or

interests might be created in conflict with that member's duties as a member of theBoard; must as soon as practicable after the relevant facts have come to that member'sknowledge declare the facts nature and extent of the interest or conflict at a meeting ofthe Board.

(2) That member must not for so long as the interest exists or the conflict is possible vote on anyresolution of the Board touching that contract or property or office without the consent of allof the other members of the Board present.

(3) The requirements of the preceding paragraphs or sub -sections of this section do not apply inany case where the interest consists only of-(a) an interest in a contract or proposed contract with the Corporation if the interest of the

member of the Board may properly be regarded as not being a material interest;(b) that member's interest as a participant; or(c) being an honorary office holder in an organisation or corporation with which the

Corporation contracts.Indemnity13. (I) A person is entitled to be indemnified out of the Fund for any personal liability incurred by

that person whi Ie acting within the authority conferred by this Schedule upon him or her as amember of the Board or officer or other appointee of the Board unless the personal liability isoccasioned by that person's own dishonesty or by his or her wilfully and knowingly being aparty to an act resulting in the personal liability.

(2) In relation to a person mentioned in sub -section 13 (I) the expression "personal liability"means liability for-(a) any of his or her acts, receipts, neglect or default or those of any other Board member,

officer or other appointee of the Board;(b) involuntary loss or misapplication of the Fund or of any entitlement payable from the

Fund;(c) any loss which results from the insufficiency of any security or from any investment

made by the Board in good faith; or(d) any loss brought about by a person or organisation employed under section 8 to

perform a function of the Board in performing that function.Money14. (I) The Board must collect, and pay promptly into a bank, in the name of the Fund, all money

paid to the Fund.(2) The Fund must be applied by the Board to the purposes of this Schedule but the expenses o r

the Board and of the management of the Fund are a first charge on the Fund.

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(3 ) A m ember of the B oard o r office r or o ther person appo inted by the Board is entitled to bereim bursed o r to have paid or discharged out o f the Fund all expenses properly incu rred inthe perfo rm ance o f the duties o f his or her o ffice.

Financlal Statements ami A udit1 5 . The B oard m ust-

(a) keep account o f a ll m oney rece iv ed by and d isbursed from the Fund and all dea lings 1 1 1co nnection w ith tha t m oney ;

(b) keep appropria te reco rds and accounts in proper o rder, and m ake su itable arrangem ents fortheir custody and fo r custody of docum ents relating to the investm ents ;

(c) prepare o r have prepared as soon as practicab le afte r the end of each Fund Year financia ls ta tem ents consisting o f a ba lance shee t as a t the end of the Fund Year and a statem ent o fincom e and expend itu re for tha t Fund Y ear;

(d) have the financia l s ta tem ents o f the Fund aud ited by an auditor appoin ted by the B oard ; and(e) rcq ui re a report to be giv en to the B oard by the aud ito r in respec t o f each such aud it.

Reporting16. (1) The B oard m ust once a t least in every year have copies o f the audited financial s ta tem ents

toge ther w ith a Sh01t repo rt o f the Fund 's opera tions fo r the year prov ided to - -(a ) the Standing C om mittee ;(b) the B ishop and R egistrar o f every partic ipa ting d iocese ; and(c) the proper office r o f every partic ipating o rganisa tion.

(2) A repo rt o f the proceedings o f the B oard since the prev ious O rdinary Session o f Genera lSynod toge ther w ith a copy of a ll financ ia l statem ents and repo rts under sub -sec tion 16( 1)m ade since that Session m ust be la id

Documents

Synod Papers, Section 2