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    Basis of Union, Constitution and Regulations (2018)

    TXT

    Basis of Union,
    Constitution
    & Regulations

    2018


    with Covenanting Statement,[...]
    BASIS OF UNION, CONSTITUTION AND REGULATIONS

    2018 EDITION[...]
    BASIS OF UNION,
    CONSTITUTION AND
    REGULATIONS

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


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

    REGULATIONS[...]6.1 to 6.12

    ALTERNATIVE REGULATIONS FOR KOREAN CONGREGATIONS Page 231

    INDEX TO CONSTITUTION AND REGULATIONS Page 2[...]
    [...]nts in implementing racist
    and paternalistic policies. By providing foster-homes for Aboriginal c[...]
    [...]ing shortened by westernisation, assimilation and policies
    of prejudice.
    Along with[...]
    [...]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
    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.

    ([...]
    [...]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




    67
    [...]THE UNITING CHURCH IN AUSTRALIA

    REGULATIONS
    CONTENTS[...]
    [...]3.7.5.2 Audit, Finance and Risk Committee
    3.8 Regulations that Apply to All Councils and Congregations[...]ations
    3.10.1 Exemption and Alternative Regulations
    3.10.2 Alterations to Regulations

    4. Property
    4.1 Definitions
    4.2 Synod Pro[...]
    [...]onstitution shall apply to words when used in the Regulations and

    Beneficiary Fund means the Beneficiary Fund[...]ting Aboriginal and Islander Christian Congress;

    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.][...]
    [...]recognition in accordance with Regulations 1.4.1. and 1.4.2.


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

    Certificated Candidate means[...]
    [...]f 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[...]
    [...]ministry of the Church.

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

    (c) Acceptance as a studen[...]n as a candidate, in
    which case Regulations 2.3.1 to 2.3.2.5 shall apply.

    PRESBYTERY RESPONS[...]application in
    accordance with the Regulations.

    The Presbytery or a des[...]
    [...]n followed in
    accordance with the Regulations.

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

    (d) The Presbytery must[...]
    [...]lt with under Part 6 of these
    Regulations.

    (d) The candidate’s Reg[...]
    [...]d as
    provided for under these Regulations or is transferred to the pastoral care[...]
    [...]the process followed did not comply with these Regulations. The
    appeal shall be dealt with under Part 6 of these Regulations.

    ROLE OF THE ASSEMBLY IN THE ADMISSION OF[...]
    [...]dealt with under Part 6 of these
    Regulations. The Assembly shall give written notice of[...]al as is prescribed
    under these Regulations or as may be required by the Presbytery or by[...]application in accordance with the Regulations.

    (e) The Presbytery or a desi[...]
    [...]n accordance with
    Part 6 of these Regulations.

    (b) The appeal is to be m[...]
    [...]approved placement as provided in these Regulations.

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

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


    116
    [...]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[...]Regulation 5.7.4(r)(vi), subject to the Regulations relating to
    appeal.[...]
    [...]ccordance with
    Part 6 of these Regulations. may appeal to the Synod which shall appoin[...]
    [...]editation of a Youth Worker shall, subject to the Regulations
    relating to appeal, be withdra[...]Regulation 5.7.4(r)(vi), subject to the Regulations relating to appeal.


    2.11 COLLEGIA[...]
    [...]in accordance with the
    Regulations; (See Reg. 2.6.6)
    (vi)[...]
    [...](iii) making decisions in accordance with the Regulations concerning
    baptism, co[...]; (See Part 1 of these
    Regulations)
    (iv) assisting the Ministe[...]carrying out its functions in accordance with the Regulations
    concerning applicants[...]in accordance with the
    Regulations; (See Reg. 4.4.1)
    (x)[...]
    [...]ters in accordance with
    Regulations 5.4.1 – 5.4.3
    (ii) ensurin[...]tee in accordance with
    Regulations 3.7.3(b) and 5.4.3(a)

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

    (c) selecting those from the[...]ucation within the bounds, in accordance with the Regulations,
    including:
    (i) ensuring t[...]
    [...]exercised in accordance with the Regulations and where necessary
    providing[...]ee Part 5 and Part 6 of these
    Regulations)

    Property
    (k) providin[...]bounds, in accordance with the property Regulations, including:
    (i) appointing[...]visions of the
    property Regulations;
    (iii) appointing an officer[...]property;
    (See Part 4 of these Regulations)

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

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

    (i) approving Policies for the Prevention of Sexual Misconduct;

    (j) f[...]ministerial education and for establishing
    policies relating to standards of formation, educat[...]
    [...]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,
    appoin[...]
    [...]nd other matters in
    accordance with Regulations;
    (vi) performing such other dutie[...]
    [...]that the life of the Church expresses the faith, policies, standards and
    procedu[...]
    [...]f the Constitution
    or Regulations or a decision as to whether the action of any[...]itution, the
    relevant Regulations, by-laws or rules;
    (ii[...]
    [...](vii) dealing with complaints as set out in the Regulations on Church
    Discipl[...]
    [...]h responsibilities as provided in
    Regulations 3.7.4.3(c) in relation to Aboriginal and I[...]
    [...]hed by Synods shall be subject to the
    Regulations and decisions of the Assembly in relation[...]
    [...]mendations on
    financial matters and policies as the Assembly may require or
    the[...](1) selection and application of accounting policies;
    (2) financial budgeting, recording[...]and internal controls;
    (4) business policies and practices;
    (5) compliance with applicable laws, regulations, standards
    and best[...]
    3.8 REGULATIONS THAT APPLY TO ALL COUNCILS
    AN[...]
    [...]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[...]
    [...]any such proposal involves an amendment to the Regulations.

    (b) Amendments to the Regulations shall have effect from the time of
    passing[...]y specify.

    (c) Any act or decisions made under Regulations prior to the amendment
    thereof shall not be[...]subsequently be varied to comply with the amended Regulations if
    so directed by the Assembly or other body concerned.

    (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 th[...]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,[...]
    [...]ESPONSIBILITY 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 para[...]
    [...]ing elsewhere contained
    in the Regulations.

    PROPERTY TRANSACTIONS
    4.6.3 (a) Subject[...]
    [...]as described in the
    Regulations; and
    (ii) give all affect[...]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 joint[...]Congregation and faith community and any relevant policies of the
    Assembly and th[...]
    [...]h under Part 6 of these
    Regulations

    (d) The Presbytery[...]11.9(c).

    (e) A Synod may determine policies and processes to assist Presbyteries,[...]
    [...]gregation as
    described in the Regulations;
    (ii) the Presbytery and th[...]
    [...]s
    not in accordance with Regulations 4.11.10(a),(b), (c) and (d);
    (ii[...]ed under
    Part 6 of these Regulations; and

    4.11.11 The Assembly determines th[...]
    [...]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 the[...]de against a member
    or adherent the Policies for the Prevention of Sexual Misconduct shall[...]utlined in Regulation 5.2.1.

    (b) The Policies for the Prevention of Sexual Misconduct ar[...]
    [...]LITIES 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 inclu[...]om the complaint is made.

    DEFINITIONS
    5.6.2 In Regulations 5.6.1 to 5.6.18, unless the context or sub[...]
    [...]against 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.[...]
    [...]onduct as
    defined in these Regulations;
    (iii) inform the person[...]
    [...]s possible.

    (d) Nothing in these Regulations shall prevent a person from making an[...]
    [...]In exercising its responsibilities under these Regulations, the
    Committee shall h[...]
    [...]he complaint
    and, subject to these Regulations, that Presbytery shall be responsible[...]relating to a complaint
    under Regulations 5.5.1ff and, in the case of a complaint referred[...]lating
    to the complaint under Regulations 5.7.1ff, unless the Presbytery[...]omplaint may continue to be processed under these Regulations,
    notwithstanding the conclusi[...]NTIALITY AND PRIVACY
    5.6.14 (a) Subject to these Regulations confidentiality shall be observed by all[...]
    [...]complaint under
    Part 5 of the Regulations if such action be considered necessary for the[...]ermined in
    accordance with the Regulations governing such funds but any period[...]el to be dealt with under Part 6 of these
    Regulations.

    STAY OF PROCEEDINGS
    5.7.8 Where the S[...]any decisions made or actions taken pursuant to Regulations 5.7.4(r) or (s) be
    suspended on s[...]
    [...]6. APPEALS
    (These amended Appeal Regulations; being Part 6; and Regulations 2.3.2.5 (a); 2.5.6 (a);
    2.10.4 (d); 4.11.9 (c) (i[...]of appeal specifically granted elsewhere in
    these Regulations where reference is made to this Part 6 or a Regulation within Part 6; ie
    Regulations 2.3.2.5 (a); 2.3.2.7; 2.5.2 (f ); 2.5.3 (f ); 2.5[...]ndently of specific
    references elsewhere in these Regulations.



    6.2 INTERPRETATION

    In this[...]
    [...]rocedures
    under the Constitution or Regulations;

    (b) that the Original Decision-Maker[...]ision contrary to
    the Constitution, Regulations, by-laws or rules;

    (c) that the[...]
    [...](a) and (b) are subject to any relevant Assembly policies.




    232
    [...]Australia

    ALTERNATIVE
    REGULATIONS
    FOR KOREAN
    CONGREGATIONS[...]tee November 2014
    The purposes of the Alternative Regulations for Korean Congregations are:
    • cons[...]e these vary
    from the Uniting Church Regulations;
    • to facilitate the recruitment of[...]to move to-
    wards the Uniting Church Regulations unvaried.


    1. REGULATION 2.1.1

    For the purpose of these alternative Regulations, unless the context or subject
    ma[...]
    [...]shall be in accordance with the Uniting Church Regulations, with these exceptions:

    (a) Ministers[...]placement in accordance with Part 5 of the Regulations; or
    (v) the Synod, on disciplin[...]cordance with
    Part 5 of the Regulations.

    (b) After 1 January 2015 there[...]ions:

    (a) following the Uniting Church Regulations, noting that Elders are
    norm[...]
    [...]nconsistent 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[...]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 decisions take[...]ent edition of the Alternative
    Regulations. The Congregation shall immediately notify[...]
    6. ASSEMBLY ACTIONS

    REVIEW OF THESE ALTERNATIVE REGULATIONS
    3.1.8 The Assembly shall review these alternative Regulations as and when it determines.




    240
    [...]NDEX TO CONSTITUTION AND
    REGULATIONS
    CONSTITUTI[...]
    [...]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[...]
    [...]Word 3, 13, 14, 17 See Regulations for Ministers
    Ministerial Education Board[...]
    [...]3.8.5
    Regulations, by-laws, rules 64-66, 68-69
    R[...]
    [...]4.11.6
    Regulations 62, 65-67
    A[...]3.10.2
    Regulations, by-laws, rules
    Assembly[...]
    [...]4.11.6
    Regulations, by-laws, rules and
    standing order[...]
    [...]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
    appro[...]
    [...]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

    Basis of Union, Constitution and Regulations
    Regulations