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    Regulations (2017) [SUPERCEDED]

    TXT

    THE UNITING CHURCH IN AUSTRALIA
    REGULATIONS
    CONTENTS______________________________
    Def[...]
    [...]3.7.5.2 Audit, Finance and Risk Committee
    3.8 Regulations that Apply to All Councils
    3.8.1[...]
    [...]terations
    3.10.1 Exemption and Alternative Regulations
    3.10.2 Alterations to Regulation

    4[...]
    [...]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[...]ulation for Korean congregations. The alternative
    Regulations are found elsewhere in this publication.][...]
    [...]granted such recognition in accordance with Regulations
    1.4.1. and 1.4.2.


    1.2 BAP[...]
    [...]been approved in accordance with these Regulations;

    Certificated Candidate means[...]
    [...]the duties of a Minister as prescribed in Regulations
    2.2.1(a) and (b) are being[...]
    [...]PE OF THE MINISTRY OF YOUTH
    WORKER
    2.2.4 In these Regulations Youth Worker means a person accredited by[...]
    [...]ry of the
    Church.

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

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

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

    The Presbytery or a designated comm[...]
    [...]been
    followed in accordance with the Regulations. The appeal
    shall be dealt with under part 6 of these Regulations.

    (b) The appeal is to be made[...]
    [...]with the application in terms of
    Regulations 2.3.2.3 to 2.3.2.5, with the exception of[...]el to be dealt with under Part
    6 of these Regulations.
    The Presbytery must be given notic[...]
    [...]ated as
    provided for under these Regulations or is transferred to
    the[...]
    [...]ollowed 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[...]
    [...]material as
    is prescribed under these Regulations or as may be
    required by the Presbyte[...]pplication
    in accordance with the Regulations.

    (c) The Presbytery or a desig[...]
    [...]th in accordance with Part 6 of
    these Regulations.

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

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

    (f) Assembly placem[...]
    [...]y of Pastor for
    the purposes of these Regulations when
    (i) the position descr[...]
    [...]ode of Ethics and Part 5 of
    these Regulations.

    MEMBERSHIP OF A MINISTER
    2.9.3 A Minister[...]
    [...]subject to Part 5 of these
    Regulations;

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

    (b) The re[...]
    [...]in accordance with Part 6 of
    these Regulations. The Presbytery shall give written[...]
    [...]Youth Worker shall, subject to the
    Regulations relating to appeal, be withdrawn by the[...]
    [...]tion 5.7.4(r)(vi), subject to the
    Regulations relating to appeal.


    2.11 COLLEGIATE AND[...]
    [...]ter in
    accordance with the Regulations; (See Reg. 2.6.6)
    (vi) pro[...]
    [...](iii) making decisions in accordance with the Regulations
    concerning baptism, confir[...]Congregation; (See Part 1 of these Regulations)
    (iv) assisting the Minister(s) i[...]ons in accordance with the
    Regulations concerning applicants for the specified[...]rty in accordance
    with the Regulations; (See Reg. 4.4.1)
    (x) preparin[...]inisters in
    accordance with Regulations 5.4.1 - 5.4.3[...]
    [...]tions Committee
    in accordance with Regulations 3.7.3(b) and
    5.4.3(a)

    (b)[...]
    [...]provisions of the relevant Acts and Regulations;
    (ii) submitting Presbytery report[...]
    [...]yteries within the Synod in accordance with
    Regulations 3.4.6 - 3.4.7 ;

    (c) selecting those from the S[...]n within the bounds, in accordance
    with the Regulations, including:
    (i) ensuring that app[...]
    [...]Church is exercised in accordance with the Regulations
    and where necessary providing for the hearing of appeals.
    (See Part 5 and Part 6 of these Regulations)

    Property
    (k) providing for the effective supe[...]the bounds, in accordance with the property
    Regulations, including:
    (i) appointing the elected m[...]under the
    provisions of the property Regulations;
    (iii) appointing an officer to administer[...]to property;
    (See Part 4 of these Regulations)

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




    78
    [...]) approving a Codes of Ethics;

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

    ([...]ministerial education and
    for establishing policies relating to standards of formation,[...]
    [...]those appointed or elected in accordance with Regulations
    3.3.7(a)(iii) - (vi).

    MEMB[...]
    [...]ncial reports shall be presented
    and policies, plans, budgets, appointments and other[...]
    [...]and other
    matters in accordance with Regulations;
    (vi) performing such other duties[...]
    [...]the Church expresses the
    faith, policies, standards and procedures to which it is[...]
    [...]interpretation of the Constitution or Regulations or
    a decision as to whether the[...]the Constitution, the
    relevant Regulations, by-laws or rules;
    (iii) that[...]
    [...]mplaints as set out in the
    Regulations on Church Discipline;
    (vii[...]
    [...]responsibilities as provided in Regulations 3.7.4.3(c) in
    relation t[...]
    [...]by Synods shall be
    subject to the Regulations and decisions of the Assembly[...]
    [...]recommendations on financial matters and policies
    as the Assembly may require[...]ation of accounting
    policies;

    124
    [...]al controls;
    (4) business policies and practices;
    (5) compliance with applicable laws, regulations,
    standards and best[...]nted by an audit finding or risk situation.


    3.8 REGULATIONS THAT APPLY TO ALL
    COUNCILS AND CONGREG[...]
    [...]ease to operate
    under these Regulations and forms a Church Council[...]
    [...]S AND
    ALTERATIONS
    EXEMPTIONS AND ALTERNATIVE REGULATIONS
    3.10.1 The Assembly in plenary session, or[...]
    [...]compliance with all or any of
    the Regulations; and

    (b) may make alternative Regulations in respect of all or any
    such matt[...]ion from compliance with a Regulation
    or Regulations does not have the effect of exempting any person,[...]omplying with the
    Constitution and other Regulations.

    ALTERATIONS TO REGULATIONS
    3.10.2 (a) These and any other Regulations may be amended by
    addition, deletion o[...]osal 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 ther[...]
    [...]uently 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.




    134
    [...](a) advise the Synod with respect to policies relating to
    property within the b[...]) supervise the implementation of the Synod’s policies in
    regard to property within the[...]roposal is in
    accordance with the policies of the Synod with respect to[...]
    [...]matters as
    provided by these Regulations having regard to:
    • the mi[...]the Presbytery,
    • the policies of the Synod and Presbytery,[...]
    [...]RESPONSIBILITY FOR PROPERTY
    4.4.1 Subject to the Regulations, the by-laws of the Synod and the
    r[...]
    [...]l
    is given in accordance with the Regulations.

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

    PROPERTY TRANSACTIONS
    463------- Unless s[...]
    [...]e bodies
    as described in the Regulations; and
    (ii) give all affected[...]
    [...]ing to any
    property or matter to which the Regulations apply which, if
    made or executed by[...]
    [...]Regulation 4.4.1 and other relevant
    Regulations of the Church will be jointly
    under[...]gation and faith community and
    any relevant policies of the Assembly and the Synod.

    (c) Where there[...]be dealt with under Part 6
    of these Regulations

    (d) The Presbytery
    (i) may disp[...]
    [...]4.11.9(c).

    (e) A Synod may determine policies and processes to assist
    Pr[...]
    [...]the
    Congregation as described in the Regulations;
    (ii) the Presbytery and the Congre[...]
    accordance with Regulations 4.11.10(a),(b), (c) and
    (d[...]constituted under Part 6 of these Regulations.

    4.11.11 The Assembly determines that t[...]_________________
    5.1.1 In this Part 5 of the Regulations unless the context or subject
    ma[...]
    [...]the roll of
    a Congregation pursuant to Regulations may have it
    reinstated by a decision o[...]made against
    a member or adherent the Policies for the Prevention of
    Sexual Misconduc[...]outlined in Regulation 5.2.1.

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

    DEFINITIONS
    5.6.2 In Regulations 5.6.1 to 5.6.18, unless the context or sub[...]
    [...]e 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.[...]
    [...]sexual misconduct as defined in these Regulations;
    (iii) inform the person of[...]
    [...]as possible.

    (d) Nothing in these Regulations shall prevent a person from[...]
    (b) In exercising its responsibilities under these Regulations,
    the Committee shall have regard to[...]
    [...]f the complaint and,
    subject to these Regulations, that Presbytery shall be
    responsible[...]processes relating to a complaint under Regulations
    5.5.1ff and, in the case of a com[...]s
    relating to the complaint under Regulations 5.7.1ff, unless
    the Presbytery de[...]tinue to be processed under these
    Regulations, notwithstanding the conclusion or[...]
    CONFIDENTIALITY AND PRIVACY
    5.6.14 (a) Subject to these Regulations confidentiality shall be
    observ[...]
    [...]inst a decision made pursuant to
    Regulations 5.6.10(a) or 5.6.10(e)(i) shall be lodged[...]
    [...]relating to the complaint under Part 5 of the Regulations if
    such action be considered necessar[...]determined in accordance with the Regulations governing
    such funds but a[...]
    [...]Panel to be dealt with under Part 6 of these Regulations.

    STAY OF PROCEEDINGS
    5.7.8 Where the St[...]cisions made or actions
    taken pursuant to Regulations 5.7.4(r) or (s) be suspended on
    su[...]
    [...]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); 2.5.3[...]ndently of specific
    references elsewhere in these Regulations.

    6.2 INTERPRETATION
    In this Regulation 6:[...]
    [...]cedures under the Constitution or
    Regulations;

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

    (c) that t[...]
    [...]e subject to any relevant
    Assembly policies.

    6.9.5 Legal representation
    A Pa[...]

    MD

    Regulations
    Regulations