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    UCA Constitution and Regulations (1996)

    TXT

    CONSTITUTION
    AND
    REGULATIONS

    1996 EDITION




    THE UNITING CHURCH[...]
    CONSTITUTION AND REGULATIONS

    1996 EDITION
    CONSTITUTION AND
    REGULATIONS

    AND
    THE BASIS OF UNI[...]
    CONSTITUTION AND REGULATIONS -
    THE UNITING CHURCH IN AUSTRALIA

    Publish[...]
    [...]57 to 61
    7. Regulations, by-laws, rules and standing orders[...]70 to 73
    REGULATIONS[...]226
    INDEX TO CONSTITUTION AND REGULATIONS 231
    [...]bers.

    APPEAL
    10. The Assembly shall make Regulations providing for any person whose[...]
    [...]as one body, and shall do so when required by the Regulations.
    (b) The Church will recognise[...]
    [...]other body which contravenes this Constitution or Regulations
    of the Assembly;[...]
    [...]y under this Constitution and the
    Regulations (including ordination and other rights, po[...]
    [...]nd dealt
    with in accordance with the rules, regulations, by-laws and resolutions made by
    or under t[...]for the Church and in that event the
    rules, regulations, by-laws and resolutions of the Assembly a[...]
    [...]o this Constitution
    and any relevant regulations, rules and by-laws of the Church.
    (b) Any p[...]DIVISION 7

    REGULATIONS, BY-LAWS, RULES
    AND STANDING ORDERS
    62. The Assembly may make Regulations not inconsistent with this Constitution
    pre[...]inconsistent with this Constitution or with
    Regulations made by the Assembly prescribing all matte[...]
    [...]h this Constitution or with any
    relevant Regulations and by-laws prescribing all matters which are req[...]esponsibility of the Presbytery.
    65- Any such Regulations, by-laws or rules may delegate to any specified body power
    to make regulations, by-laws or mles for any of the purposes for which regulations,
    by-laws or rules may be made under this[...]rescribe for the giving of notice of any proposed Regulations,
    by-laws, rules and standing order[...]
    [...]interpretation of this Constitution or any of the Regulations
    made by the Assembly shall be made[...]
    REGULATIONS
    [...]RCH IN AUSTRALIA

    REGULATIONS

    DEFINITIONS_____________________________________[...]onstitution shall apply to words when used in the Regulations and —
    Beneficiary Fund means the Beneficiary Fu[...]h
    recognition in accordance with Regulations 1.1.11. and 1.1.12.[...]
    [...]2. MINISTRY

    DEFINITIONS
    2.1.1 In Regulations 2.1.1 to 2.7.25 unless the context or subject mat[...]ed by a Presbytery in
    the terms of these Regulations;
    Certificated Candidate means a c[...]
    [...]terial as is prescribed under
    these Regulations or as may be required by the Presbytery or by the[...]se of studies as set forth in these
    Regulations and further provided that acceptance as a[...]
    [...]accepted by Presbyteries in accordance with these Regulations for the
    ministry;[...]
    [...]h candidate is
    maintained and all regulations of the Commission adhered to;
    (i) to[...](j) to recommend to the Assembly general policies and standards for the
    cont[...]
    [...]nance, and, subject to any
    relevant Regulations of the Assembly or its Ministerial Educati[...]
    [...]terminated as provided for under these Regulations.
    (c) When a Presbytery transfe[...]
    [...]ch may apply for readmission pursuant to
    Regulations 2.3.5-2.37.

    RECOGNITION OF MINISTER FROM[...]
    [...]readmission as a candidate, in which case Regulations 2.2.1-2.2.15 shall apply.

    DUTIES AND RESP[...]
    [...]sification shall be determined in accordance with Regulations 2.4.2 to 2.4.7.

    DESIGNATED MINISTRY
    2.4.2[...]
    [...]ytery shall deal with the application in terms of Regulations
    2.2.6 to 2.2.14, with the exc[...]
    [...]e recognition of a Minister shall, subject to the Regulations relating to
    review and appeal, be[...]appointment as provided in these Regulations.
    (c) A settlement, whether by[...]
    [...]nt other than:
    (i) pursuant to Regulations 2.4.2(b) or (c), 2.4.3,2.4.5,2.4.6, or 2.4[...]
    [...]classified as a Designated Ministry pursuant to Regulations 2.4.1(a) (iv)
    and 2.4.2(d).

    EXIS[...]ued in
    accordance with the provisions of Regulations 2.7.7 to 2.7.11, the period being[...]
    [...]NITION AND SCOPE OF THE MINISTRY
    2.9.1 In these Regulations Youth Worker means a person accredited by[...]
    [...]material as is prescribed under these
    Regulations or as may be required by the Presbytery or[...]
    [...]editation of a Youth Worker shall, subject to the Regulations
    relating to review and appeal[...]
    [...]cified lay ministry of the Church.
    2.12.2 . In Regulations 2.12.1 - 2.12.23 unless the context or sub[...]
    [...]rts shall be presented;
    (b) policies, plans, budgets, appointments and other ma[...]
    [...](j) making decisions in accordance with the Regulations concerning
    membership in[...]
    [...]functions and responsibilities specified in Regulations 3.1.1 and 3.1.3
    as[...]
    [...]hers, having regard to the
    - Regulations relating to Ministry;
    (ii)[...]
    [...]nt and control of property in accordance with the regulations
    of the Assembly, including p[...]
    [...]with the provisions of the relevant Acts and Regulations;

    120
    [...]Pastoral Relations Committee in accordance with Regulations 3.4.38(c)
    and 7.6.2(a).[...]
    [...]S
    3.4.16 (a) Ministers who are classified under Regulations 2.4.1 (a) (ii), (b), (c), (d),[...]
    [...]to deal with property matters in accordance with Regulations in that regard;
    (h) to attend t[...]
    [...]TIONS AND COMPOSITION
    3.4.37 Subject to these Regulations,
    (a) the Presbytery shall appoi[...]
    [...](vii) to deal with complaints as set out in the Regulations on Church
    Discipline;[...]
    [...]of Synod by-laws pursuant to the Constitution and Regulations.

    MODERATOR_______________________________[...]
    [...]life of the Church expresses the faith, the policies, standards and procedures
    t[...]
    [...]s and lay persons as are necessary to comply with Regulations
    3.6.2(b) (ii) and (iii) respec[...]
    [...]er the provisions of the property
    Regulations.
    (c) The Synod shall appoint an office[...]the bounds, in accordance with the property Regulations and relevant by-laws
    of the Synod.[...]
    [...]is being exercised in accordance with the Regulations and where necessary shall
    provide[...]
    3.6.15

    Regulations or a decision as to whether the action of any bod[...]Church conforms to the Constitution, the relevant Regulations,
    by-laws or rules;[...]
    [...]recommendations on financial matters and policies as the Assembly may
    require or the[...]ng the express responsibility of any other body.

    REGULATIONS____________________________________________
    EXEMPTIONS AND ALTERNATE REGULATIONS
    3.6.34 The Assembly in plenary session, or its[...]exemption from compliance with all or any of the Regulations
    of the Assembly; and
    (b) may make alternative Regulations in respect of all or any such matters
    i[...]an exemption from compliance with a Regulation or Regulations
    does not have the effect of exempting a[...]dy from complying with the Constitution and other Regulations..

    ALTERATIONS TO REGULATIONS
    3.6.35 These and any other Regulations may be amended by addition, deletion or[...]
    [...]ch
    proposal involves an amendment to the Regulations.
    3.6.36 ' Amendments to the Regulations shall have effect from the time of passing of the[...]y specify.
    3.6.37 Any act or decisions made under Regulations prior to the amendment thereof
    shall not[...]tly
    be varied to comply with the amended Regulations if so directed by the Assembly
    or other[...]ed.
    3.6.38 Any body within the Church affected by Regulations may request the Assembly
    seeking[...]
    [...]__________________________
    DEFINITIONS
    4.1.1 In Regulations 4.1.1 to 5.5.10 unless the context or subj[...]
    [...]all:
    (a) advise the Synod with respect to policies relating to property within the
    boun[...](b) supervise the implementation of the Synod's policies in regard to property
    within the bou[...]proposal is in accordance with the policies of the Synod with respect to[...]
    [...]matters as provided by these Regulations having regard to:
    • th[...]the Presbytery,
    • the policies of the Synod and Presbytery,[...]
    [...]PONSIBILITY FOR PROPERTY
    4.4.1 Subject to these Regulations 4.1.1. to 5.5.10, the by-laws of the Synod[...]
    [...]with in accordance with the provisions of
    Regulations 4.10.1 -4.10.5.
    4.5.2 (a) In the case of[...]
    [...]al is given in
    accordance with the Regulations.

    LEASES
    4.6.2 (a) Subject to paragraph (b)[...]ything elsewhere contained
    in the Regulations.

    PROPERTY TRANSACTIONS
    4.6.3 Unless spec[...]
    [...]to any property or matter
    to which the Regulations apply which, if made or executed by an ind[...]
    [...]he case of the funds operating in accordance with Regulations 5.2.1(a)
    the charges shall be made at s[...]time to time, and in accordance with the relevant Regulations for the fund
    concerned.
    5.2.3[...]
    [...]ponsibilities of the Synod
    and these Regulations.
    5.3.4 The by-laws of a Synod shall include pro[...]ther matters consistent with the Constitution and Regulations as
    the Synod may determine[...]
    [...]l have final responsibility for ensuring that the Regulations, by­
    laws and rules are duly o[...]
    [...]If at any time the Trustee as defined in these Regulations is constituted by
    individual trustees[...]ing of the Act.
    6.1.7 A reference to "these Regulations” in Regulations 6.1.1 to 6.8.1 shall mean a
    reference to those Regulations unless the context or subject matter indic[...]
    [...]duties, trusts and discretions under the Regulations and Rules of the Fund in
    such a manner as[...]erformance of its obligations under these
    Regulations but shall not be responsible to supervise[...]
    [...]included) with such powers and duties as the Regulations or Rules of the Fund
    provide or which the[...]which are
    not inconsistent with these Regulations dealing with any matter or aspect of
    i[...]ion of the Fund, including (subject to
    Regulations 5.2.1(a) and 5.2.2) but not limited to:[...]
    [...]roll of a Congregation
    pursuant to Regulations may have it reinstated by a decision of the Counc[...]________________________
    DEFINITIONS
    7.4.1 In Regulations 7.4.1 to 7.14.1 unless the context or subj[...]
    [...]ES OF THE PRESBYTERY
    7.6.1 Subject to these Regulations, the counselling and discipline of Ministe[...]
    [...]to the exclusion of the procedures contained in Regulations 7.6.3 to 7.7.3
    inclusive.[...]
    [...]mplaint;
    Section means the section of the Regulations headed “SYNOD SEXUAL ABUSE
    COMPL[...]
    [...]7.7.17

    these Regulations, that Presbytery shall be responsible for[...]
    [...]xtent to which the same are not included in these Regulations, pay
    due regard to the “Procedure[...]ding Committee.
    (b) This section of the Regulations shall be read and applied in a way which[...]
    [...]be determined in
    accordance with the Regulations governing such funds but any period during[...]
    [...]proceedings as is given to a Minister in Regulations 7.12.1 - 7.13.2.

    STAY OF PROCEEDINGS[...]
    [...]ys
    been published as part of the Constitution and Regulations of the church. From 1996 onwards
    the Manual will be included in the Constitution and Regulations.
    The Manual is a most important developmen[...]
    [...]decision sessions, or for the development of policies or strategies for future action.
    Durin[...]
    INDEX TO CONSTITUTION AND REGULATIONS
    CO[...]5.2.1-5.2.4
    Alterations to Regulations 3.6.35-3.[...]
    [...]3.6.19
    Power to exempt from Regulations[...]
    [...]3.4.13
    Regulations, by-laws, rules 64-66,68-69[...]
    [...]• 4.11.5
    Regulations 62,65-67[...]3.6.34
    Regulations, by-laws, rules
    Assembly[...]
    [...]4.11.5
    Regulations, by-laws, rules and
    standing order[...]

    MD

    UCA Constitution and Regulations (1996)
    Regulations