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    UCA Constitution and Regulations (1999)

    TXT

    CONSTITUTION
    AND
    REGULATIONS
    1999 EDITION




    THE UNITING CHURC[...]
    CONSTITUTION AND REGULATIONS

    1999 EDITION[...]
    CONSTITUTION AND
    REGULATIONS

    AND THE BASIS OF UNION

    AND ALTERNATE REGULATIONS FOR
    KOREAN CONGREGATIONS

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

    Publish[...]
    [...]57 to 61
    7. Regulations, by-laws, rales and standing orders[...]70 to 73


    REGULATIONS[...]
    [...]7.7.4 to 7.7.20

    ALTERNATE REGULATIONS FOR KOREAN CONGREGATIONS Pag[...]Page 267

    INDEX TO CONSTITUTION AND REGULATIONS Page 273




    6
    [...]nduct.

    APPEAL
    11. The Assembly shall make Regulations providing for any person whose[...]
    [...]other body which contravenes this Constitution or Regulations
    of the Assembly;[...]
    [...]s of a Presbytery under this Constitution and the Regulations
    (including ordination and other rights,[...]nd dealt
    with in accordance with the rules, regulations, by-laws and resolutions made by
    or u[...]
    [...]for the Church and in that event the
    mles, regulations, by-laws and resolutions of the Assembly a[...]d to this
    Constitution and any relevant regulations, rules and by-laws of the Church.
    (b)[...]
    [...]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 matters whic[...]with this Constitution or with any
    relevant Regulations and by-laws prescribing all matters which[...]
    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 mles may be made under this Co[...]rescribe for the giving of notice of any proposed Regulations,
    by-laws, mles and standing orde[...]
    [...]interpretation of this Constitution or any of the Regulations
    made by the Assembly shall be made[...]
    REGULATIONS




    57
    [...]CH IN AUSTRALIA

    REGULATIONS

    DEFINITIONS
    Unless the context or subject matter[...]onstitution shall apply to words when used in the Regulations and —
    Beneficiary Fund means the Beneficiary Fu[...]he Assembly Standing Committee
    from time to time;
    Policies for the Prevention of Sexual Misconduct means those policies approved
    by the Assembly or the Assembly Standing[...]egulation for Korean congregations. The alternate Regulations are found
    elsewhere in this publication.][...]
    [...]such recognition
    in accordance with Regulations 1.1.11. and 1.1.12.

    BAPTISED MEMBERS
    BAPT[...]
    [...]2. MINISTRY

    DEFINITIONS
    2.1.1 In Regulations 2.1.1 to 2.3.9A and 2.9.1 to 2.93 unless the cont[...]as been approved
    in accordance with these Regulations;
    Certificated Candidate means a ca[...]
    [...]material as is prescribed under
    these Regulations or as may be required by the Presbytery or by the[...]ands of the course of studies as set out in these Regulations and
    further provided that ac[...]
    [...]not been
    followed in accordance with the Regulations. The appeal is to be made within 14 days[...]
    [...]each candidate is
    maintained and all regulations of the Commission adhered to;
    (i)[...]
    [...]h responsibilities as provided in
    Regulations 2.2.20(b) and (c) in relation to Aborigina[...]
    [...]ance, and, subject to any
    relevant Regulations of the Assembly or its Ministerial Educati[...]
    [...]rminated as provided for
    under these Regulations or is transferred to the pastoral care and[...]
    [...]he requirements of the Church, including
    Regulations 2.3.1 or 2.9.2.

    ORDINATION, ADMISSION AND[...]
    [...]a minister of another denomination (refer Regulations 2.3.5 - 2.3J).
    (b) Any person who was[...]er of another
    denomination (refer Regulations 2.3.5 - 2.3J).

    RECOGNITION OF MINISTER FROM ANOT[...]readmission as a candidate, in which case Regulations 2.2.2-2.2.14 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[...]
    [...]e recognition of a Minister shall, subject to the Regulations relating to
    review and appe[...]
    [...]oved placement as provided in
    these Regulations.
    (c) A call to a placement give[...]
    [...]considered to be suitable for a placement (see Regulations 2.7.17 -
    2.17.18); and
    (n) se[...]e left without placement:
    (a) pursuant to Regulations 2.4.2(b) or (c), 2.4.3,2.4.5,2.4.6 or 2.4.[...]
    [...]s;
    00 to Ministers received under Regulations 2.3.5 - 2.3.8 in respect of[...]
    [...]as a Designated Ministry pursuant to Regulations 2.4.1 (a) (iv) and 2.4.2(d).

    EXISTING PLACEMENTS[...]ed in
    accordance with the provisions of Regulations 2.7.7 to 2.7.11, the period being[...]
    [...]ITION AND SCOPE OF THE MINISTRY
    2.9.1 In these Regulations Youth Worker means a person accredited by[...]
    [...]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[...]
    [...]ation
    7.8.16(f), subject to the Regulations relating to review and appeal.

    MEMBERSHIP[...]
    [...]ministry. Lay
    Pastors are subject also to Regulations 7.1.1 - 7.13.1.

    STIPENDS, PROVISIONS AND[...]
    [...]functions and responsibilities specified in Regulations 3.1.1 and
    3.1.8 as far[...]
    [...]l a Minister in accordance with the
    Regulations;
    (g) providing facilities and reso[...]
    [...]nancial reports shall be presented;
    - policies, plans, budgets, appointments and other ma[...]
    [...](iii) making decisions in accordance with the Regulations concerning
    baptism, confirma[...]Worker, having
    regard to the Regulations;
    (vii) managing the financial affa[...]erty in accordance with the
    Regulations;
    (ix) preparing and present[...]
    [...]e a Faith Community.
    [Korean - alternate Regulations 3.1.33-3-1-35 re Elders, 3-1-36-3-1.40 re Kwonsas[...]1.45 re decision to follow the alternate
    Regulations for Korean Congregations]
    (Regulations 3-2.1 - 3-3-20 deleted in 1999)[...]
    [...]ance with the provisions of the relevant Acts and Regulations;


    130
    [...]Pastoral Relations Committee in accordance with Regulations 3.4.38(c)
    and 7.6.2(a).

    CONS[...]
    [...]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 to[...]
    [...]NCTIONS 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;[...]
    [...]inted
    or elected in accordance with Regulations 3.5.2(c), (d), (e) and (f).

    ROLL OF SYNOD MEMBER[...]roll of Synod members consists of those listed in Regulations 3.5.2(a) and
    (b) and those in attendance[...]nary meeting of the Synod appointed
    under Regulations 3.5.2 (c), (d), (e), (f) and (g). The Syno[...]
    [...]of Synod by-laws pursuant to the Constitution and Regulations.

    MODERATOR
    3.5.13 (a) The Moderator shal[...]
    [...]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) respectiv[...]
    [...]Synod under this and the succeeding
    Regulations.
    3.5.35 In relation to an institution, an[...]
    [...]r the provisions of the property
    Regulations.
    (c) The Synod shall appoint[...]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
    provid[...]
    [...]approve a Code of Ethics;
    (h) may approve Policies for the Prevention of Sexual Misconduct;[...]
    [...]tation of the Constitution or
    Regulations or a decision as to whether the action of any bod[...]he Constitution, the relevant
    Regulations, by-laws or rules;
    (iii) tha[...]
    [...]recommendations on financial matters and policies as the Assembly may
    require[...]
    [...]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
    in[...]an exemption from compliance with a Regulation or Regulations
    does not have the effect of exempting an[...]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[...]specify

    3.6.37 Any act or decisions made under Regulations prior to the amendment thereof
    shall not[...]subsequently be varied to comply with the amended Regulations if so directed by
    the Assembly or other[...]3.6.38 Any body within the Church affected by Regulations may request the Assembly
    seeking[...]
    [...]Regulation 4.2.1(g).
    [Korean - alternate Regulations 3.6.46 re Council of Korean Churches and 3[...]
    [...]. PROPERTY

    INTERPRETATION
    DEFINITIONS
    4.1.1 In Regulations 4.1.1 to 5.5.10 unless the context or subj[...]
    [...]l:
    (a) advise the Synod with respect to policies relating to property within the
    bou[...]) supervise the implementation of the Synod’s policies in regard to property
    within the bo[...]proposal is in accordance with the policies of the Synod with respect to[...]
    [...]y
    matters as provided by these Regulations having regard to:
    • the mi[...]s of 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[...]
    [...]th in accordance with the provisions of
    Regulations 4.10.1 - 4.10.5.

    4.5.2 (a) In the c[...]
    [...]al is given in
    accordance with the Regulations.

    LEASES
    4.6.2 (a) Subject to paragra[...]nything elsewhere contained in
    the Regulations.



    170
    [...]ng 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 suc[...]time, and in accordance with the relevant Regulations for the fund concerned.
    5.2.3 In the cas[...]
    [...]ibilities of the Synod and
    these Regulations.

    5.3.4 The by-laws of a Synod shall i[...]ther matters consistent with the Constitution and Regulations as the
    Synod may determin[...]
    [...]inal responsibility for ensuring that the
    Regulations, by-laws and rules are duly observed, and t[...]
    [...]If at any time the Trustee as defined in these Regulations is constituted by
    individual trustees,[...]ng 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[...]les which are
    not inconsistent with these Regulations dealing with any matter or aspect of
    inve[...]ration of the Fund, including (subject to
    Regulations 5.2.1(a) and 5.2.2) but not limited to:[...]
    [...]7. CHURCH DISCIPLINE

    INTRODUCTION
    7.1.1 In Regulations 7.1.1 to 7.13.1 unless the context or subj[...]
    [...]he roll of a Congregation
    pursuant to Regulations may have it reinstated by a decision of th[...]
    [...]ITIES OF THE PRESBYTERY
    7.6.1 Subject to these Regulations, the counselling and discipline of Minister[...]
    [...]against a Minister the
    procedures in Regulations 7.7.4 to 7.7.20 inclusive shall apply to the
    exclusion of the procedures contained in Regulations 7.5.1 to 7.7.3
    inclusive.
    ([...]nduct against a Minister.

    DEFINITIONS
    7.7.5 In Regulations 7.7.4 to 7.7.20, unless the context or sub[...]
    [...]complaints of which shall be dealt with under Regulations 7.5.1-7.7.3 and 7.8.2;
    Support per[...]
    [...]misconduct as defined in these
    Regulations;
    (iii) inform the person of[...]
    [...]oon as possible.
    (d) Nothing in these Regulations shall prevent a person from making an[...]
    [...]the complaint and,
    subject to these Regulations, that Presbytery shall be responsible for[...]d) A complaint may continue to be processed under Regulations 7.7.4 -
    7.7.20, notwithstandi[...]
    [...]Committee to report contained in
    Regulations 7.7.12 and 7.7.13, confidentiality and the right[...](b) An appeal against a decision made pursuant to Regulations 7.7.4(b) or
    7.7.12(e) (i) sh[...]
    [...]all be determined in
    accordance with the Regulations governing such funds but any period during[...]mmittee for Discipline under
    Regulations 7.8.16 or 7.8.17 was not placed before it; or[...]out;
    (iii) its action taken under Regulations 7.8.16 or 7.8.17.
    (d) In a revi[...]
    [...]sions made or actions
    taken pursuant to Regulations 7.8.16 or 7.8.17 be suspended on such cond[...]
    [...]g Church in Australia



    ALTERNATE
    REGULATIONS
    FOR KOREAN
    CONGREGATIONS
    Approv[...].1.1:
    “For the purpose of these alternate Regulations, unless the context or subject
    matter[...]
    [...]ior to the date on which these alternate
    Regulations come into effect shall be taken into account in a[...]MINISTERIAL PLACEMENTS
    Alternate Regulations to Regulations 2.7.7,2.7.8,2.7.10, and 2.7.11
    Alternate Regulations to read:

    “DURATION AND TERMINATION OF PLACEMEN[...]on the date on which these
    alternate Regulations come into effect, shall remain in force[...]tanding the coming into effect of these alternate Regulations.
    Alterations to such arrangem[...]es of the Uniting Church
    detailed in Regulations 7.5.1ff.

    (b) In relation to the place[...]of the Uniting Church
    detailed in Regulations 2.7.7 - 2.7.11 or of following alternate Regulations
    2.7.7 and 2.7.8 below. On the firs[...]the date on which these alternate
    Regulations come into effect, a meeting of the Congreg[...]
    [...]ng Church placements.

    OPTION ONE (Uniting Church Regulations 2.7.7 - 2.7.11)
    DURATION AND TERMINATION O[...]
    [...]Synod, on discipline grounds, in accordance with Regulations
    7.5.1ff.
    A we-im[...]
    [...]f appeal.”


    4. ELDERS
    Alternate Regulations 3.1.33 - 3-1-35

    “ELDERS IN KOREAN CONGREGATION[...]ormal processes of the Uniting Church detailed in Regulations 3-1-10 - 3-1-17,
    with the additional spe[...]w Elders, after the date on which these alternate Regulations come into
    effect, a meeting of the Congr[...]riting of the option chosen.

    OPTION ONE
    3.1.34 Regulations 3-1-10 - 3-1-17 are to be followed in relation to[...](b) From the date on which these alternate Regulations come into effect, at
    least[...]
    [...](c) From the date on which these alternate Regulations come into effect, at
    least half[...]KWONSAS ANDJIBSAS
    Alternate Regulations 3.1.36 - 3.1.40

    “KWONSAS ANDJIBSAS
    3.1.[...]
    3.1.37 From the date on which these alternate Regulations come into effect there shall
    be no new a[...]as at the date on which
    these alternate Regulations come into effect. A meeting of the Congregation m[...]t inconsistent with the Constitution and
    Regulations of the Uniting Church (as varied by any applicable exemptions or
    alternate Regulations approved under Regulation 3-6.34) and are not[...]DECISION TO FOLLOW THESE ALTERNATE
    REGULATIONS
    Alternate Regulations 3.1.42 - 3.1.45

    “DECISION BY KOREAN CONGREGATI[...]w the Kong-Dong Kyu-Jung
    (Uniting Church Regulations varied by alternate Regulations approved by the
    Assembly or the Assembly[...]the revised Kong-Dong Kyu-Jung (Uniting Church Regulations varied by these[...]
    alternate Regulations approved by the Assembly Standing Committee) on the
    date on which these alternate Regulations come into effect.

    3.1.43 A Korean Congregation[...]ion
    shall then follow the Uniting Church Regulations unvaried by these alternate
    Regulations. The Uniting Church Regulations shall not apply retrospectively to
    decis[...]ongregation which is following the Uniting Church Regulations
    unvaried by these alternate Regulations may decide, by a simple majority vote at[...]decisions taken under the Uniting Church Regulations. The Congregation shall
    immediate[...]n two months of the date on which these alternate Regulations come into
    effect, each Korean Congregati[...]to whether they are following the Uniting Church Regulations
    unvaried by these alternate Regulations or the revised Kong-Dong Kyu-Jung.”


    8. ASSEMBLY ACTIONS
    Alternate Regulations 3-6.46 - 3.6.47

    “ASSEMBLY RECOGNITION O[...]
    [...].6.47 The Assembly shall review these alternate Regulations no later than 2005.”[...]
    [...]pplied within the context of the Constitution and
    Regulations of the Church which state the Church’s r[...]
    [...]the Basis of Union, Constitution and Regulations, respecting the rights and
    res[...]
    [...]settlement/appointment as outlined in the Regulations (2.3.10 and 2.3.11).
    (c) Ministers[...]
    [...]allegation of a breach of the Code of Ethics (See Regulations 7.6.1 - 7.6.4).
    An allegation of a sex[...]quiry and adhere to the church’s discipline and regulations.[...]
    [...]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 development[...]
    [...]decision sessions, or for the development of policies or strategies for future action.
    Dur[...]
    INDEX TO CONSTITUTION AND REGULATIONS
    CONSTITUTION REG[...]
    [...]5.2.1-5.2.5
    Alterations to Regulations 3.6.[...]3.6.9,3.6.16,3.6.19
    Power to exempt from Regulations[...]
    [...]3.4.13
    Regulations, by-laws, mles 64-66,68-69
    Respons[...]
    [...]4.11.5
    Regulations 62,65-67
    Altera[...]3.6.34
    Regulations, by-laws, mles
    Assembly[...]
    [...]4.11.5
    Regulations, by-laws, rules and
    standing o[...]

    MD

    UCA Constitution and Regulations (1999)
    Regulations