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    UCA Constitution and Regulations (2012)

    TXT

    Constitution
    and
    Regulations
    2012 Edition




    THE UNITING CHURC[...]
    CONSTITUTION AND
    REGULATIONS

    WITH
    • THE BASIS OF UNION
    • ALTERNATIVE REGULATIONS FOR
    KOREAN CONGREGATIONS
    • THE C[...]
    CONSTITUTION AND REGULATIONS
    THE UNITING CHURCH IN AUSTRALIA


    Publishe[...]
    [...]ss
    5. Funds and property
    6. Interim provisions
    7. Regulations, by-laws, rules and standing orders
    8. Mis[...]
    [...]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[...]
    [...]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[...]
    [...]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-[...]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 C[...]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 made by[...]
    REGULATIONS




    61
    [...]E UNITING CHURCH IN AUSTRALIA

    REGULATIONS
    CONTEN[...]
    [...]ion
    3.7.5.4 Beneficiary Fund
    3.8 Regulations that Apply to All Councils
    3.8.1 Princ[...]tions
    3.10.1 Exemption and Alternative Regulations
    3.10.2 Alterations to Regulatio[...]
    [...]onstitution shall apply to words when used in the Regulations and

    Beneficiary Fund means the Beneficiary Fund[...]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[...]ulation for Korean congregations. The alternative Regulations are found elsewhere in this
    publication.]




    70
    [...]ted such
    recognition in accordance with Regulations 1.4.1. and 1.4.2.


    1.2 BAPTISED[...]
    [...]n approved in accordance
    with these Regulations;

    Certificated Candidate mea[...]
    [...]s of a Minister as
    prescribed in Regulations 2.2.1(a) and (b) are being exercised.

    DEF[...]
    [...]E OF THE MINISTRY OF YOUTH WORKER
    2.2.4 In these Regulations Youth Worker means a person accredited by[...]
    [...]y ministry of the Church.

    (b) In Regulations 2.2.6, 2.4.8, 2.7.6, 2.9.6 and 2.9.7 unles[...]
    [...]terial as is prescribed
    under these Regulations or as may be required by the Presbytery or by the[...]of study as set out
    in these Regulations.

    80
    [...]ery for readmission as a candidate, in which case Regulations
    2.3.1 to 2.3.2.5 shall apply.[...]application in accordance with the Regulations.

    The Presbytery or a d[...]
    [...]res have not been followed in accordance with the Regulations.

    (b) The appeal is to be made w[...]ytery shall deal with the application in terms of Regulations
    2.3.2.3 to 2.3.2.5, w[...]
    [...]Panel to be dealt with under Part 6 of these Regulations.

    PROCESS FOR THE SELECTION OF A PASTOR
    2.[...]
    [...]d as
    provided for under these Regulations or is transferred to the pastoral care[...]
    [...]approved placement as provided in these Regulations.

    (c) A call to a placement[...]
    [...]ption of
    placements listed in Regulations 2.6.5(a).

    (f) Assembly pl[...]
    [...]of Pastor for the purposes of these
    Regulations when
    (i) the position de[...]
    [...]subject to the Code of Ethics and Part 5 of these Regulations.



    104
    [...]ter)
    subject to Part 5 of these Regulations;

    (c) in the exercise of the[...]
    [...]accordance with Part 6 of these Regulations. The appeal shall be directed[...]
    [...]Regulation 5.7.4(r)(vi), subject to the Regulations relating to appeal.

    Where a Pastor is appointed to an approved placement the Regulations related to
    the termination of a placem[...]n
    5.7.4(r)(vi), subject to the Regulations relating to appeal.

    WITHDRAWAL OF RECOGNI[...]
    [...]editation of a Youth Worker shall, subject to the Regulations
    relating to appeal, be withdr[...]Regulation 5.7.4(r)(vi), subject to the Regulations relating to appeal.


    2.11 COLLEGIA[...]
    [...]n accordance with the
    Regulations; (See Reg. 2.6.6)
    (vi)[...]
    [...](iii) making decisions in accordance with the Regulations concerning
    baptism,[...](See Part 1 of these
    Regulations)
    (iv) assisting the Minis[...]carrying out its functions in accordance with the Regulations
    concerning applicant[...]accordance with the
    Regulations; (See Reg. 4.4.1)
    (x)[...]
    [...]inisters in accordance with
    Regulations 5.4.1 – 5.4.3
    (ii) ensuring Mi[...]mmittee in accordance with
    Regulations 3.7.3(b) and 5.4.3(a)

    (b)[...]
    [...]s of the relevant Acts and
    Regulations;
    (ii) submitting Presbyt[...]
    [...]within the Synod in accordance with Regulations 3.4.6 - 3.4.7 ;

    (c) selec[...]
    [...]ucation within the bounds, in accordance with the Regulations,
    including:
    (i) e[...]exercised in accordance with the Regulations and where necessary
    providing[...]See Part 5 and Part 6 of these
    Regulations)

    Property
    (k) providing for the effecti[...]bounds, in accordance with the property Regulations, including:
    (i) appointing the elec[...]the provisions of the
    property Regulations;[...]
    [...]roperty;
    (See Part 4 of these Regulations)

    (l) making Synod by-laws pursuant to the Constitution and Regulations;

    (m) appointing a Standin[...]
    [...]Codes of Ethics;

    (i) approving Policies for the Prevention of Sexual Misconduct;[...]
    [...]appointed or elected in accordance with Regulations 3.3.7(a)(iii) – (vi).

    MEMBERSHIP OF THE[...]
    [...]financial reports shall be presented and policies, plans, budgets,[...]
    [...]tters in
    accordance with Regulations;
    (vi) performing such o[...]
    [...]that the life of the Church expresses the faith, policies, standards and
    procedu[...]
    [...]n of the Constitution
    or Regulations or a decision as to whether the action of any[...]nstitution, the
    relevant Regulations, by-laws or rules;
    (iii)[...]
    [...]vii) dealing with complaints as set out in the Regulations on Church
    Discipline;[...]
    [...]ith responsibilities as provided in
    Regulations 3.7.4.3(c) in relation to Aboriginal and I[...]
    [...]ance, and, subject to any
    relevant Regulations or to any decision of the Ministerial Educ[...]
    [...]ons on
    financial matters and policies as the Assembly may require or[...](1) selection and application of accounting policies;
    (2) financial budgeting, re[...]ernal controls;
    (4) business policies and practices;
    (5) compliance with applicable laws, regulations, standards
    an[...]
    [...]by the Commission.


    3.8 REGULATIONS THAT APPLY TO ALL COUNCILS
    A[...]
    [...]e to operate under these
    Regulations and forms a Church Council under Regulatio[...]
    [...]TIVES AND ALTERATIONS

    EXEMPTIONS AND ALTERNATIVE REGULATIONS
    3.10.1 The Assembly in plenary session, or its S[...]exemption from compliance with all or any of the Regulations;
    and

    (b) may make alternative Regulations in respect of all or any such matters[...]an exemption from compliance with a Regulation or Regulations
    does not have the effect of exempting[...]dy from complying with the Constitution and other Regulations.

    ALTERATIONS TO REGULATIONS
    3.10.2 (a) These and any other Regulations may be amended by addition, deletion[...]at any such proposal involves an amendment to the Regulations.

    (b) Amendments to the Regulations shall have effect from the time of[...](c) Any act or decisions made under Regulations prior to the amendment
    thereo[...]subsequently be varied to comply with the amended Regulations if
    so directed by the Assembl[...](d) Any body within the Church affected by Regulations may request the
    Assembly to amend the Regulations.[...]
    [...](a) advise the Synod with respect to policies relating to property within the[...]supervise the implementation of the Synod’s policies in regard to
    property within[...]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,[...]
    [...]SPONSIBILITY FOR PROPERTY
    4.4.1 Subject to the Regulations, the by-laws of the Synod and the rules of[...]
    [...]s given in
    accordance with the Regulations.

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

    PROPERTY TRANSACTIONS
    4.6.3 Unless sp[...]
    [...]ng to any property or matter
    to which the Regulations apply which, if made or executed by an ind[...]
    [...]Regulation 4.4.1 and other relevant Regulations of the Church
    will be jointly u[...]Congregation and faith community and any relevant policies of the
    Assembly and the Synod.

    ([...]
    [...]9(c).

    (e) A Synod may determine policies and processes to assist Presbyteries,[...]
    [...]he Congregation as
    described in the Regulations;
    (ii) the Presbytery and the Cong[...]
    [...]ss was
    not in accordance with Regulations 4.11.10(a),(b), (c) and (d);
    (ii)[...]tituted under
    Part 6 of these Regulations.




    184
    [...]DEFINITIONS
    5.1.1 In this Part 5 of the Regulations unless the context or subject matter other[...]
    [...]roll of a Congregation
    pursuant to Regulations may have it reinstated by a decision of th[...]
    [...]e against a member
    or adherent the Policies for the Prevention of Sexual Misconduct shall[...]ned in Regulation 5.2.1.

    (b) The Policies for the Prevention of Sexual Misconduct ar[...]
    [...]ITIES OF THE PRESBYTERY
    5.4.2 Subject to these Regulations, the counselling and discipline of Ministe[...]
    [...]for the purpose of deciding on action which the Regulations authorise it to take.
    Its tools in[...]
    [...]m the complaint is made.

    DEFINITIONS
    5.6.2 In Regulations 5.6.1 to 5.6.18, unless the context or sub[...]
    [...]gainst a Minister
    the procedures in Regulations 5.6.3 to 5.6.18 inclusive shall apply to
    the exclusion of the procedures contained in Regulations 5.4.1 to 5.5.1
    inclusive.[...]
    [...]nduct as
    defined in these Regulations;
    (iii) inform the person[...]
    [...]as possible.

    (d) Nothing in these Regulations shall prevent a person from making an[...]
    [...]In exercising its responsibilities under these Regulations, the
    Committee shall have rega[...]
    [...]omplaint
    and, subject to these Regulations, that Presbytery shall be responsible[...]
    under Regulations 5.5.1ff and, in the case of a complaint referred[...]elating
    to the complaint under Regulations 5.7.1ff, unless the Presbytery[...]omplaint may continue to be processed under these Regulations,
    notwithstanding the conclusio[...]IALITY AND PRIVACY
    5.6.14 (a) Subject to these Regulations confidentiality shall be observed by all[...]
    [...]) An appeal against a decision made pursuant to Regulations 5.6.10(a)
    or 5.6.10(e)(i) s[...]
    [...]the complaint under
    Part 5 of the Regulations if such action be considered necessary for[...]
    [...]rmined in
    accordance with the Regulations governing such funds but any period[...]l to be dealt with under Part 6 of these
    Regulations.

    STAY OF PROCEEDINGS
    5.7.8 Where the Standin[...]any decisions made or actions taken pursuant to Regulations 5.7.4(r) or (s) be
    suspended on[...]
    [...]of appeal specifically granted elsewhere in
    these regulations where reference is made to this Part 6 or a Regul[...]ndently of specific references elsewhere in these
    Regulations.

    APPEAL PANEL
    6.1 (a) The S[...]
    [...](a) A person having the right under these Regulations to appeal under this
    Part 6 shall,[...]Part 6, is referred in these
    Regulations as “the Appeal” and the person who requests the Appeal is
    referred to in the Regulations as “the Appellant”.

    APPOINTMENT OF AP[...]
    [...]wise operate in accordance with the provisions of Regulations
    6.2(b), (c) and (d), 6.3(b)[...]bodies.

    (c) Except as provided in Regulations 6.7(a) and 6.7(b), all matters[...]
    [...]Church in Australia

    ALTERNATIVE
    REGULATIONS
    FOR KOREAN
    CONGREGATIONS
    Incorpor[...]2.1.1:
    For the purpose of these alternative Regulations, unless the context or subject
    matter[...]
    [...]made prior to the date on which these alternative Regulations
    come into effect shall be taken into acc[...]MINISTERIAL PLACEMENTS
    Alternative Regulations to Regulations 2.6.8, 2.7.3, 2.10.1
    Alternative Regulations to read:

    CONDITIONS OF PLACEMENT FOR MINISTERS I[...]l in force on the date on which these alternative Regulations
    come into effect, shall remain in fo[...]ing into effect
    of these alternative Regulations. Alterations to such arrangements shall require[...]the Uniting Church detailed in Part 7 of the Regulations.
    (b) In relation to the placements of ta[...]es of the Uniting Church
    detailed in Regulations 2.6.8, 2.7.3 and 2.10.1 or of following alternative
    Regulations 2.6.8, 2.7.3 and 2.10.1. On the first occasion th[...]the date on which these
    alternative Regulations come into effect, a meeting of the Congreg[...]
    OPTION ONE
    (Uniting Church Regulations 2.6.8, 2.7.3, 2.10.1)
    CONDITIONS OF PLACEM[...]
    [...]in accordance with Part
    6 of these Regulations. The appeal shall be directed to:[...]
    [...]s, in accordance with Part 7 of the
    Regulations.
    A we-im moksa whose placement h[...]
    [...]in accordance with Part 6
    of these Regulations. The appeal shall be directed to:[...]ittee.


    4. ELDERS
    Alternative Regulations 3.9.4 – 3.9.6
    ELDERS IN KOREAN CONGREGATIONS
    3.[...]ormal processes of the Uniting Church detailed in Regulations in Part 3, with
    the additional special[...]Elders, after the date on which these alternative Regulations come into effect,
    a meeting of the Con[...]the option chosen.


    OPTION ONE
    3.9.5 Regulations in Part 3 are to be followed in relation to Elder[...](b) From the date on which these alternative Regulations come into effect, at[...]
    [...](c) From the date on which these alternative Regulations come into effect, at
    least half o[...]. KWONSAS AND JIBSAS
    Alternative Regulations 3.9.7
    KWONSAS AND JIBSAS
    3.9.7 ([...]
    [...]ate
    on which these alternative Regulations come into effect. A meeting of[...]ws are not inconsistent with the Constitution and Regulations
    of the Uniting Church (as varied by any applicable exemptions or alternative
    Regulations approved under Regulation 3.10.1) and are not inc[...]DECISION TO FOLLOW THESE
    ALTERNATIVE REGULATIONS
    Alternative Regulations 3.9.9
    DECISION BY KOREAN CONGREGATIONS CONCERNING THESE
    REGULATIONS
    3.9.9 (i) Korean Congregations which have chosen to follow these alternative
    Regulations shall automatically transfer to these alternative Regulations
    on the date on which these alternative Regulations come into effect.
    (ii) A Korean Congregation which is following these alternative Regulations
    may decide at any time, by a s[...]es to follow these alternative
    Regulations. Such a Congregation shall then follow the Uniting
    Church Regulations unvaried by these alternative Regulations. The
    Uniting Church Regulations shall not apply retrospectively to decisio[...]
    [...]s following the Uniting Church
    Regulations unvaried by these alternative Regulations may decide, by
    a simple majori[...]shall
    follow these alternative Regulations. These alternative Regulations shall
    not apply retrospectivel[...]taken under the Uniting Church
    Regulations. The Congregation shall immediately notify the Pr[...].



    8. ASSEMBLY ACTIONS
    Alternative Regulations 3.1.7 – 3.1.8
    ASSEMBLY RECOGNITION OF THE COUNC[...]icultural ministry.


    REVIEW OF THESE ALTERNATIVE REGULATIONS

    3.1.8 The Assembly shall review these alternative Regulations no later than 2012.



    228
    [...]INDEX TO CONSTITUTION AND
    REGULATIONS
    CONSTITUTIO[...]
    [...]38-48
    Alterations to Regulations[...]3.6.4.1 – 3.6.4.4
    Power to exempt from Regulations[...]
    [...]3, 14, 17 See Regulations for Ministers
    Deaconesses 3, 13, 17 See Regulations for Ministers[...]
    [...]the Word 3, 13, 14, 17 See Regulations for Ministers
    Ministerial Education Board[...]
    [...]3.8.5
    Regulations, by-laws, rules 64-66, 68-69[...]
    [...]ION
    Para Nº


    Regulations 62, 65-67
    Alteration[...]3.10.2
    Regulations, by-laws, rules
    Assembly[...]
    [...]4.11.6
    Regulations, by-laws, rules and
    standing orde[...]
    [...]of Union and 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 res[...]
    [...]s a Minister in that placement as outlined in the Regulations
    (2.2.1 and 2.11.2–3).[...]
    at the commencement of the Regulations) including competencies, time[...]
    [...]all comply with all the relevant
    standards, policies, procedures, practices, guidelines, govern[...]ithstanding, for ministers in placement the
    Regulations governing placements will always apply.



    10
    [...]exercise ministry in organisations with their own policies and
    procedures for matters also covered[...]breach of this Code in accordance with the Regulations (5.4.1 – 5.5.1) and where
    appr[...]
    [...]decision sessions, or for the development of policies or strategies for future action.[...]
    [...]with each revision of the Constitution and
    Regulations, and is the standard for meeting procedure[...]

    MD

    UCA Constitution and Regulations (2012)
    Regulations