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    UCA Constitution and Regulations (2004)

    TXT

    CONSTITUTION
    AND
    REGULATIONS
    2004 EDITION




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

    2004 EDITION




    CAMDEN[...]
    CONSTITUTION AND
    REGULATIONS

    WITH
    • THE BASIS OF UNION
    • ALTERNATE REGULATIONS FOR
    KOREAN CONGREGATIONS
    • ALTERNATE REGULATIONS FOR
    CHURCH COUNCILS IN SMALL[...]
    CONSTITUTION AND REGULATIONS
    THE UNITING CHURCH IN AUSTRALIA



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


    REGULATIONS[...]
    [...]7.8.1 to 7.13.1



    ALTERNATE REGULATIONS FOR CHURCH COUNCILS
    IN SMALL CONGREGATIONS Page 217


    ALTERNATE REGULATIONS FOR KOREAN CONGREGATIONS Page 221


    INDEX TO CONSTITUTION AND REGULATIONS Page 235


    CO[...]
    [...]misconduct.

    APPEAL
    11. The Assembly shall make Regulations providing for any person whose membership[...]
    [...]other body which contravenes this Constitution or Regulations of the
    Assembly;[...]
    [...]s of a Presbytery under this Constitution and the Regulations
    (including ordination and o[...]
    [...]nd dealt with in
    accordance with the rules, regulations, by-laws and resolutions made by or under the[...]for the Church and in that event the rules,
    regulations, by-laws and resolutions of the Assembly a[...]
    [...]this Constitution and
    any relevant regulations, rules and by-laws of the Church.

    ([...]
    [...]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 are req[...]sibility of the
    Presbytery.

    65. Any such Regulations, by-laws or rules may delegate to any specified body power to
    make regulations, by-laws or rules 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 orders[...]
    [...]interpretation of this Constitution or any of the Regulations
    made by the Assembly shall be m[...]
    REGULATIONS
    [...]TING CHURCH 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 F[...]e 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;
    - the wo[...]Regulation for small congregations. The alternate Regulations are found elsewhere
    in this publication.][...]
    [...]ch
    recognition in accordance with Regulations 1.1.11. and 1.1.12.


    BAPTISED MEMBERS

    BA[...]
    [...]2. MINISTRY

    DEFINITIONS
    2.1.1 ■ In Regulations 2.1.1 to 2.3.9A and 2.9.1 to 2.9.3 unless the con[...]s been approved
    in accordance with these Regulations;

    Certificated Candidate means a[...]
    [...]rial as is prescribed
    under these Regulations or as may be required by the Presbytery or[...]se of studies as set out
    in these Regulations and further provided that acceptance as a[...]
    [...]not been
    followed in accordance with the Regulations. The appeal is to be made within[...]
    [...]ch candidate is
    maintained and all regulations of the Commission adhered to;

    (i[...]
    [...]responsibilities as provided in
    Regulations 2.2.20(b) and (c) in relation to Aborigina[...]
    [...]ce, and, subject to
    any relevant Regulations of the Assembly or its Ministerial Educati[...]
    [...]ated as
    provided for under these Regulations or is transferred to the pastoral care[...]
    [...]he requirements of the Church,
    including Regulations 2.3.1 or 2.9.2.



    ORDINATION, ADMISSION A[...]
    [...]from a minister of another denomination (refer Regulations 2.3.5 -
    2.3.7).

    (b)[...]r of another
    denomination (refer Regulations 2.3.5 - 2.3.7).

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


    RECOGNITION AN[...]
    [...]tion with which the Minister is
    enrolled (Regulations 2.4.12-14).

    2.4.4 Every Minister shall report[...]the duties of a Minister as prescribed in
    Regulations 2.4.2 and 2.4.3 are being exercised.

    ACTI[...]
    [...]ytery shall deal with the application in terms of Regulations 1
    2.2.6 to 2.2.14, with t[...]
    [...]nt to
    Regulation 7.8.16(f).

    (Regulations previously found in 2.5 and 2.6 have been incorporated into 2.4
    following a revision ofcertain Regulations in 2001)



    86
    [...]oved placement as provided
    in these Regulations.

    (c) A call to a placement give[...]
    [...]considered to be suitable for a placement (see Regulations 2.7.16 -
    2.7.17); and[...](ii) to Ministers received under Regulations 2.3.5 - 2.3.8 in respect[...]
    [...]ued in
    accordance with the provisions of Regulations 2.7.6 to 2.7.10, the period being
    calcul[...]retired
    or not available for placement (Regulations 2.4.6, 2.4.7 and 2.4.8) shall be[...]
    [...]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 app[...]
    [...]fied lay ministry of the Church.

    2.12.2 In Regulations 2.12.1 - 2.12.23 unless the context or s[...]
    [...]Regulation 7.8.16(f), subject to the Regulations relating to review and
    a[...]
    [...]nistry. 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.[...]
    [...]Minister in accordance with the
    Regulations;

    (g) providing facilities an[...]
    [...]eports shall be presented;
    - policies, plans, budgets, appointments and other ma[...]
    [...]h Council under the
    provisions of Regulations 3.1.12, 3.1.14 and 3.1.16. They shall not[...]
    [...]hi) making decisions in accordance with the Regulations concerning
    baptism, con[...]r, having regard to the
    Regulations;

    (vii) managing the financia[...]in accordance with the
    Regulations;[...]
    [...]aith Community.

    [Korean - alternate Regulations 3.1.33-3.1.35 re Elders, 3.1.36-3.1.40 re[...]re decision to follow
    the alternate Regulations for Korean Congregations]

    (Regulations 3.2.1 - 3.3.20 deleted in 1999)[...]and discipline of Ministers in accordance with Regulations 7.6.1-7.6.4
    and for e[...]
    [...]ance with the provisions of the relevant Acts and Regulations;[...]
    [...]Pastoral Relations Committee in accordance with Regulations 3.4.38(c)
    and 7.6.2(a).[...]
    [...]to deal with property matters in accordance wiE Regulations in that
    regard;[...]
    [...]NCTIONS AND COMPOSITION
    3.4.37 Subject to these Regulations,

    (a) the Presbytery shall ap[...]
    [...]vii) to deal with complaints as set out in the Regulations on Church
    Discipl[...]
    [...]appointed or elected in accordance with Regulations 3.5.2(c), (d), (e)
    and (f).

    ROLL[...]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[...]
    [...]pursuant to the Constitution and
    Regulations.[...]
    [...]the life of the Church expresses the faith, the policies, standards and
    procedures[...]
    [...]s and lay persons as are necessary to comply with Regulations
    3.6.2(d).

    3.5.27 Nominations o[...]
    [...]nod under this and the
    succeeding Regulations.

    3.5.35 In relation to an institution,[...]
    [...]e provisions of the property
    Regulations.

    (c) The Synod shall appoint an[...]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
    pro[...]
    [...]a Code of Ethics;

    (h) may approve Policies for the Prevention of Sexual Misconduct;[...]
    [...]of the
    Constitution or Regulations or a decision as to whether[...]Constitution, the relevant Regulations, by-laws or rules;

    (iii[...]
    [...]ndations on financial
    matters and policies as the Assembly may require or the Finance and[...](i) selection and application of accounting policies;

    (ii) financial budgeting, r[...]rnal controls;

    (iv) business policies and practices;

    (v) compliance with applicable laws, regulations, standards and best[...]
    [...]it finding or risk
    situation.



    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 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[...]pecify.

    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[...]
    [...]. PROPERTY

    INTERPRETATION
    DEFINITIONS
    4.1.1 In Regulations 4.1.1 to 5.5.10 unless the context or subj[...]
    [...](a) advise the Synod with respect to policies relating to property within the
    b[...]b) supervise the implementation of the Synods policies in regard to
    property within the[...]proposal is in accordance with the policies of the Synod with respect to[...]
    [...]property matters as provided by these Regulations having regard
    to:[...]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.[...]
    [...]is given in
    accordance with the Regulations.

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

    PROPERTY TRANSACTIONS
    4.6.3 Unless spec[...]any property or matter
    to which the Regulations apply which, if made or executed by an ind[...]
    [...]by the Presbytery and the Synod respectively.


    (Regulations 4.11.1 - 4.11.7have been renumbered, as 4.[...]
    [...]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 ca[...]
    [...]ilities of the
    Synod and these Regulations.

    5.3.4 The by-laws of a Synod shall include[...]ther matters consistent with the Constitution and Regulations as
    the Synod may determ[...]
    [...]inal responsibility for ensuring that the
    Regulations, by-laws and rules are duly observed, and[...]
    [...]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[...]
    [...]powers, 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[...]ules whiE
    are not inconsistent with these Regulations dealing wiE any matter or aspect of
    inves[...]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[...]
    [...]oll of a Congregation
    pursuant to Regulations may have it reinstated by a decision of the[...]against a member
    or adherent the Policies for the Prevention of Sexual Misconduct shall[...]apply, to the exclusion of the process oudined in Regulations 7.2.1-
    7.2.2.

    (b) The Policies for the Prevention of Sexual Misconduct ar[...]
    [...]LITIES OF THE PRESBYTERY
    7.6.1 Subject to these Regulations, the counselling and discipline of Ministe[...]
    [...]NDUCT COMPLAINTS COMMITTEE
    DEFINITIONS
    7.7.4 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;[...]nister
    the procedures in Regulations 7.7.5 to 7.7.20 inclusive shall apply to[...]the exclusion of the procedures contained in Regulations 7.5.1 to 7.7.3
    in[...]
    [...]conduct as
    defined in these Regulations;
    (iii) inform the person[...]
    [...]soon as possible.

    (d) Nothing in these Regulations shall prevent a person from making an[...]
    [...]e complaint and,
    subject to these Regulations, that Presbytery shall be responsible for[...]A complaint may continue to be processed under Regulations 7.7.4
    - 7.7.20, notwithstanding t[...]Committee to report contained in
    Regulations 7.7.12 and 7.7.13, confidentiality and the[...]
    [...]) An appeal against a decision made pursuant to Regulations 7.7.5(b)
    or 7.7.12(e)(i) sh[...]
    [...]all be determined in
    accordance with the Regulations governing such funds but any period during[...]ee for Discipline
    under Regulations 7.8.16 or 7.8.17 was not placed before it; or[...](iii) its action taken under Regulations 7.8.16 or 7.8.17.

    (d) In a r[...]
    [...]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 CHURCH
    COUNCILS IN SMALL[...]se to operate under these
    alternate Regulations and exemptions and forms a Church Council
    under the Regulations; or

    (b) it is withdrawn by Presbytery[...]case may be.

    3. These alternate Regulations and exemptions shall cease to apply to the
    C[...]form a Church Council in accordance
    with the Regulations at the expiry of a period of 12 months aft[...]
    [...]hurch
    Council are exempt from:
    (a) Regulations 3.1.12(a), 3.1.14 and 3.1.16 insofar as th[...]
    UNITING CHURCH IN AUSTRALIA


    ALTERNATE
    REGULATIONS
    FOR KOREAN
    CONGREGATIONS
    Approved by As[...]ion 2.1.1:

    “For the purpose of these alternate Regulations, unless the context or subject
    matter othe[...]
    [...]date on
    which these alternate Regulations come into effect shall be taken[...]MINISTERIAL PLACEMENTS
    Alternate Regulations to Regulations 2.7.6,2.7.7,2.7.9 and 2.7.10

    Alternate Regulations to read:

    “DURATION AND TERMINATION OF PLACEMEN[...]n which these
    alternate Regulations come into effect, shall remain in force[...]fect of these alternate
    Regulations. Alterations to such arrangements shall require[...]Uniting Church detailed in Regulations 7.5.Iff.

    (b) In relation t[...]processes of the Uniting Church detailed in Regulations
    2.7.6 - 2.7.10 or of following alternate Regulations 2.7.6
    and 2.7.7[...]
    these alternate Regulations come into effect, a meeting of the[...]g Church placements.


    OPTION ONE
    (Uniting Church Regulations 2.7.6 - 2.7.10)

    DURATION AND TERMINATION[...]
    [...]e grounds, in accordance with
    Regulations 7.5. Iff.

    A we-im moksa who[...]
    4. ELDERS
    Alternate Regulations 3.1.33 - 3.1.35

    “ELDERS IN KOREAN CON[...]he Uniting Church detailed in
    Regulations 3.1.10 - 3.1.17, with the additional special prov[...]Elders, after the date on which these alternate Regulations come
    into effect, a meeting o[...]on chosen.


    OPTION ONE
    3.1.34 Regulations 3.1.10-3.1.17 are to be followed in relation to E[...](b) From the date on which these alternate Regulations come
    into effect[...]
    [...](c) From the date on which these alternate Regulations come
    into effect, at least half[...]as an Elder.”



    KWONSAS AND JIBSAS
    Alternate Regulations 3.1.36 - 3.1.40


    “KWONSAS AND JIBSAS
    3.1.36[...]regation, as at the date on which these alternate Regulations
    come into effect. A meeting of 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 a[...]policy.”



    DECISION TO FOLLOW THESE ALTERNATE
    REGULATIONS
    Alternate Regulations 3.1.42 - 3.1.45

    “DECISION BY KOREAN CONGREGATI[...]the Kong-
    Dong Kyu-Jung (Uniting Church Regulations varied by alternate
    Regulations approved by the Assembly or the Assembly Standing[...]ised 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 Congregatio[...]on shall
    then follow the Uniting Church Regulations unvaried by these
    alternate Regulations. The Uniting Church Regulations shall
    not apply retrospectively to deci[...]n which is following the Uniting Church
    Regulations unvaried by these alternate Regulations may decide,
    [...]ns taken
    under the Uniting Church Regulations. The Congregation shall
    immediate[...]the date on which these alternate
    Regulations come into effect, each Korean Congregation shall[...]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 OF THE C[...]6.47 The Assembly shall review these alternate Regulations no later than
    2005.”[...]
    [...]X TO CONSTITUTION AND
    REGULATIONS
    CON[...]
    [...]. 5.2.1-5.2.5
    Alterations to Regulations 3.6.35-3.6.[...]3.6.9,3.6.16,3.6.19
    Power to exempt from Regulations 3.[...]
    [...]3.4.13
    Regulations, by-laws, rules 64-66, 68-69[...]
    [...]4.12.5
    Regulations 62,65-67
    Altera[...]3.6.34
    Regulations, by-laws, rules
    Assembly[...]
    [...]4.12.5
    Regulations, by-laws, rules and
    standing orders[...]
    [...]pplied within the context of the Constitution and Regulations
    of the Church which state the Church’s r[...]
    [...]asis of Union and defined in the Constitution and Regulations,
    respecting the rights and responsibi[...]in that placement as outlined in the
    Regulations (2.4.2 and 2.4.18 - 19).

    (c) Mini[...]
    [...](as per the definition at the commencement of the Regulations)
    including competencies, time[...]
    [...]n of a breach of this Code in accordance with the Regulations. An
    allegation of a sexual misconduc[...]
    [...]decision sessions, or for the development of policies or strategies for future action.[...]
    [...]h each revision of the Constitution and
    Regulations, and is the standard for meeting procedure[...]

    MD

    UCA Constitution and Regulations (2004)
    Regulations