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Conduct of the Business of Synod Ordinance 2000
(Reprinted under the Interpretation Ordinance 1985.)
The Conduct of the Business of Synod Ordinance 2000 as amended by the Conduct of the Business of Synod Amendment Ordinance 2002, the Conduct of the Business of Synod Amendment Ordinance 2005 and the Archbishop of Sydney Election Amendment Ordinance 2009.
An Ordinance to make rules for the conduct of the business of the Synod of the Diocese of Sydney.
The Synod of the Diocese of Sydney ordains.
This Ordinance is the Conduct of the Business of Synod Ordinance 2000.
2. Adoption of new rules of procedure
The rules for the conduct of the business of the Synod of the Diocese of Sydney are in the Schedule to this Ordinance.
(1) The Standing Orders Ordinance 1968 is repealed.
(2) Each reference in an ordinance (other than this Ordinance) to the Standing Orders Ordinance 1968 is changed to the Conduct of the Business of Synod Ordinance 2000.
Clauses 2 and 3 of this Ordinance commence on the day next following the last day of the second session of the 45th Synod or on the day on which assent is given to this Ordinance, whichever is later.
Schedule
Synod of the Diocese of Sydney
Rules for Conducting the Business of the Synod
Part 1 Meeting Time, President, Houses of the Synod and Quorum
(1) The Synod is to meet at 3.15 pm on each appointed day unless it decides to meet at another time.
(2) No motion about a proposed ordinance may be considered before 4.30 pm apart from the unopposed introduction of a proposed introduction.
(1) The Archbishop is the President.
(2) In the absence of the Archbishop, the President is the person appointed by the Archbishop as his commissary under section 11 of the Constitutions in the Schedule to the 1902 Constitutions.
(3) In the absence of the Archbishop and the commissary, the President is the person next in ecclesiastical rank who is licensed in the Diocese and is present at the meeting of the Synod.
(4) If the person who is the President of the Synod is, for any reason, unwilling or unable (otherwise than by absence) to preside in respect of any business of the Synod, the President is the person next in ecclesiastical rank after that person who is licensed in the Diocese and is present at the meeting of the Synod.
(5) Nothing in this rule amends the provisions of the Constitutions in the Schedule to the 1902 Constitutions concerning the giving of assent to an ordinance of the Synod. Accordingly, a person who is President of the Synod under rule 1.2(2) or (3) or (4) may not assent to an ordinance unless that person is authorised to do so under those Constitutions.
(6) In this rule 1.2, the word 'Archbishop' means, if the See is vacant, the person appointed under an ordinance of the Synod to administer the Diocese.
(1) Each member of the Synod (other than the President) is a member of a House of the Synod.
(2) A member who is ordained is a member of the House of Clergy.
(3) A member of the Synod who is not ordained is a member of the House of Laity.
(1) When a motion about a proposed ordinance is being considered, one fourth of the members of each House is a quorum.
(2) Otherwise, 50 members of the House of Clergy and 100 members of the House of Laity is a quorum.
(3) If at the time fixed for a meeting of the Synod or during a meeting of the Synod, a quorum is not present the President is to adjourn the Synod to a time determined by him. If a debate is interrupted as a consequence then, subject to rules 3.3, 3.4 and 3.5, the debate is to resume at the point where it was interrupted.
Part 2 Officers and Committees of the Synod
The Synod elects several officers and committees to assist it in conducting its business. Those officers and committees are
(a) the Secretaries of the Synod
(b) the Chairman of Committees
(c) the Deputy Chairman or Chairmen of Committees
(d) the Committee of Elections and Qualifications
(e) the Committee for the Order of Business
(f) the Minute Reading Committee.
This Part sets out the functions of the officers and committees of the Synod.
2.2 The Secretaries of the Synod
(1) One clerical and one lay member are to be elected as Secretaries of the Synod on the first day of each session of the Synod.
(2) The Secretaries of the Synod are to
(a) prepare the business paper for each day after the first day of each session of a Synod, and
(b) take minutes of the meetings of the session, and maintain the minute book, and
(c) record the ordinances passed by the Synod, and
(d) prepare and publish the report of the session of the Synod.
(3) With the permission of the President, a Secretary of the Synod may give notices to the Synod about any matter concerning the business of the Synod.
2.3 The Chairman of Committees
(1) One member is to be elected as the Chairman of Committees on the first day of each session of the Synod.
(2) The Chairman of Committees presides during meetings of the Synod in Committee and, when presiding, has the same authority as the President.
2.4 The Deputy Chairman or Chairmen of Committees
(1) One or more members is to be elected as the Deputy Chairman or Deputy Chairmen of Committees on the first day of each session of the Synod.
(2) The Deputy Chairman of Committees presides during meetings of the Synod in Committee if the Chairman of Committees is unable or unwilling to act, or if the Chairman of Committees requests that a Deputy Chairman of Committees act. When presiding, the Deputy Chairman has the same authority as the President.
(3) If more than one Deputy Chairman of Committees is elected, the person to preside in the place of the Chairman of Committees is to be determined by the persons who have been elected as Deputy Chairmen of Committees or, if they are unable to agree, by the President.
(4) If
(a) the Chairman of Committees, and
(b) the Deputy Chairman of Committees or each of the Deputy Chairmen of Committees,
is unable or is unwilling to preside during a meeting of the Synod in Committee, the person to preside during that meeting is to be a member appointed by the Synod as a result of a motion without notice passed by the Synod. When presiding, that person has the same authority as the President.
2.5 The Committee of Elections and Qualifications
(1) The Committee of Elections and Qualifications is to consist of not more than 5 members elected on the first day of each session of the Synod.
(2) The Committee of Elections and Qualifications is to investigate and report when required by rule 6.1.
(3) A person may not act as a member of the Committee of Elections and Qualifications in relation to a question referred by the Synod about
(a) the validity of the election or appointment of that person as a member of the Synod, or
(b) that qualification of that person to be a member of the Synod.
2.6 The Committee for the Order of Business
(1) The Committee for the Order of Business is to consist of
(a) the Secretaries of the Synod, and
(b) not more than 5 members elected by the Synod on the first day of each session of the Synod.
(2) The Committee for the Order of Business is to review the business paper for each day of a session, other than the first day, and settle the order of motions appearing on the business paper.
2.7 The Minute Reading Committee
(1) The Minute Reading Committee is to consist of not more than 8 members elected on the first day of each session of the Synod.
(2) Any 2 members of the Minute Reading Committee are to review the minutes of the proceedings of each day and certify their correctness, or otherwise, to the President.
Part 3 The Order of Business of the Synod
This Part sets out the order in which the business of the Synod is to be conducted on each day of a session.
3.2 Order of business for the first day of a session
The order of business for the first day of a session of is as follows.
(a) The President, or a person appointed by him, is to read prayers.
(b) The President is to table a list of the members of the Synod.
(c) The President may make a speech to the Synod.
(d) The President is to table a document appointing a commissary.
(e) The Synod is to consider any motion to declare a vacancy or vacancies among the membership of the Property Trust in accordance with the Anglican Church Property Trust Diocese of Sydney Ordinance 1965.
(f) The President is to table a list of the results of uncontested elections and declare the persons concerned elected.
(g) The Synod is to consider motions for the election of
- the Secretaries of Synod
- the Chairman of Committees
- the Deputy Chairman or Chairmen of Committees
- the Committee of Elections and Qualifications
- the Committee for the Order of Business
- the Minute Reading Committee.
(h) The minute book of the Standing Committee is to be tabled.
(i) The President is to allow members to present petitions.
(j) The President is to allow members to ask questions in accordance with rule 6.3.
(k) The President is to allow a member to give procedural motions and is to invite members to give notice of other motions.
(l) The President is to call the motions in the order in which they appear on the business paper in accordance with rule 4.5.
(m) The Synod is to consider motions for the formal reception and printing of reports, accounts and other documents in the order in which they appear on the business paper.
(n) The Synod is to consider motions for proposed ordinances which have been referred from a previous session of the Synod, or from a previous Synod, in the order in which they appear on the business paper, unless the Synod determines, by motion without notice, that those motions should be considered on a subsequent day.
(o) The Synod is to consider motions to be moved at the request of the Synod or the Standing Committee in the order in which they appear on the business paper.
(p) The Synod is to consider motions to be moved at the request of a regional council in the order in which they appear on the business paper.
(q) The Synod is to consider motions received by the Standing Committee from members in accordance with rule 4.3(3) in the order in which they were received.
3.3 Order of business for the second and third days of a session
The order of business for the second and third days of a session is as follows.
(a) The President, or a person appointed by him, is to read prayers.
(b) The President, or a person appointed by him, is to read a passage from the Bible and apply it.
(c) The minutes of the proceedings of the previous day are to be signed by the President as a correct record, or be otherwise dealt with.
(d) Subject to rule 6.3(5), answers to questions asked on the previous day are to be given.
(e) The President is to allow members to present petitions.
(f) The President is to allow members to ask questions in accordance with rule 6.3.
(g) The President is to allow members to give procedural motions and is to invite members to give notice of other motions.
(h) The President is to call the motions in the order in which they appear on the business paper in accordance with rule 4.5.
(i) The Synod is to consider motions about proposed ordinances in the order in which they appear on the business paper.
(j) The Synod is to consider other motions in the order in which they appear on the business paper.
3.4 Order of business for the fourth and subsequent days of a session
The order of business for the fourth and subsequent days of a session of the Synod is the order specified in rule 3.3 except that no member may
(a) ask a question, or
(b) give notice of a motion,
except with the permission of the majority of the members then present.
Motions are to be considered in the order in which they appear on the business paper. The Synod may determine, as a result of a motion with or without notice passed by the Synod,
(a) to vary the order in which motions are considered, or
(b) to fix a time for when a motion is to be considered.
The main way in which the Synod expresses a view on a matter is by the making of a resolution. Generally, a resolution is made in the following way.
(a) A member of the Synod (referred to in these rules as the 'mover') moves a motion (referred to in these rules as the 'principal motion'). Usually, the mover will have given notice of the principal motion on a previous day.
(b) Except during a meeting of the Synod in Committee, a motion is to be seconded.
(c) When called by the President, the mover will speak in support of the principal motion and the seconder may also speak in support of the motion.
(d) If any member wishes to speak against the principal motion, or move a proposed amendment, debate will proceed.
(e) If no member wishes to speak against the principal motion or move an amendment, the President is to ask the Synod to vote on the principal motion.
(f) After debate has concluded, the President is to ask the Synod to vote on any amendments. After any amendments have been agreed to or rejected, the President is to ask the Synod to vote on the principal motion, as amended by any amendments which have been agreed.
(g) If the principal motion, with or without amendments, is passed, it becomes a resolution of the Synod.
The remaining rules in this Part contain the details of this procedure, and the details of the special situations in which the general procedure is modified.
(1) A member may only address the Synod when called by the President to do so.
(1A) A member who wishes to be called by the President to address the Synod is to stand in his or her place. The President is to call from among those standing the member who may address the Synod.
(2) The President may take part in debate.
(3) If the President stands, all other members are to sit and remain seated until the President sits down.
(4) Any member may speak to a question about procedure. A question about procedure is to be decided by the President whose decision is final unless immediately altered as a result of a motion without notice passed by the Synod.
(5) The President is to confine each speaker to the subject matter being debated. A member may not interrupt a speaker, except with the permission of the President, or as a result of a motion without notice passed by the Synod.
(6) A speaker may not make a remark which reflects adversely on the personality of any member or imputes an improper or questionable motive to any member. If a speaker makes such a remark, the President is to
(a) ask the speaker to withdraw the remarks and apologise and,
(b) warn the speaker against making such remarks in future.
If, having been asked, the speaker refuses to withdraw the remark and apologise, the member may be suspended from the Synod as a result of a motion with or without notice passed by the Synod, for the time specified in the motion.
(7) A member may not act in a disorderly way. If a member acts in a disorderly way, he or she may be suspended from the Synod as a result of a motion with or without notice passed by the Synod, for the time specified in the motion.
4.3 Notice of motions required
(1) The Synod is not to consider a motion unless
(a) notice of the motion was given on a previous day, or
(b) the Synod agrees to consider the motion.
(2) Motions intended to facilitate the consideration of business at the time are known as 'procedural motions' and can rarely be notified in advance. Rule 4.3(1) does not apply to procedural motions and those other motions for which notice is not required by Parts 4 and 5.
(3) A member may send notice of a motion to the Standing Committee to be received at least 1 month before the first day of the session. Notice of such motion is to be printed on the business paper for the first day of the session. A member may not send notice of more than 2 motions.
(4) If notice in writing is given to a Secretary of the Synod by 7.00 pm on the first day of a session then notice of the motion will be regarded as having been given on a previous day for the purposes of rule 4.3(1).
(1) No motion, or motion to amend a motion, is to be considered unless it is seconded.
(2) Rule 4.4(1) does not apply to a motion moved in a meeting of the Synod in Committee.
4.5 Calling the motions on the business paper
(1) At the time required by rule 3.2, 3.3 or 3.4, the President is to call the motions in the order in which they appear on the business paper, except those motions about a proposed ordinance.
(2) When a motion is called, the President is to ask for the motion to be seconded unless 8 or more members call 'object' or 1 or more members calls 'amendment'. If the motion is seconded, the Synod is to vote on the motion without any speeches or debate.
(3) If 8 or more members call 'object' or 1 or more members calls 'amendment'
(a) the President is to immediately call the next motion on the business paper to be called under this rule or, if there is no such motion, proceed to the next item of business, and
(b) any member who calls 'amendment' is to
- deliver a written copy of the proposed amendment to a Secretary of the Synod, and
- make himself or herself available to discuss the proposed amendment with the mover of the motion on the day on which the call is made.
(4) If the mover of a principal motion, after discussing a proposed amendment called under rule 4.5(3), notifies a Secretary of the Synod that the mover wants to move the motion in an amended form, the motion in the amended form becomes the principal motion, and is to be printed on the next day's business paper.
(1) The following time limits for speeches apply.
(a) For a motion that a proposed ordinance be approved in principle
- the mover may speak for up to 20 minutes, and up to 10 minutes in reply
- other members may speak for up to 10 minutes.
(b) For other motions, except motions moved in the Synod in committee
- the mover may speak for up to 10 minutes, and up to 5 minutes in reply
- other members may speak for up to 5 minutes.
(c) For motions moved in a meeting of the Synod in Committee, a member may speak for up to 3 minutes.
(2) A member, not being the speaker at the time, may move a procedural motion for the speaker to continue for a nominated number of minutes.
(1) No member may speak more than once on the same motion except
(a) during a meeting of the Synod in Committee, or
(b) when invited to give an explanation, or
(c) when exercising a right of reply under rule 4.11.
(2) A member who formally seconds a motion is not regarded as having spoken to the motion.
4.8 After a motion has been seconded
(1) After a motion has been moved and seconded, the President is to ask a question to the effect
'Does any member wish to speak against the motion or move an amendment?'
(2) If no member indicates a wish to speak against the motion or move an amendment, the Synod is to vote on the motion without any debate.
(3) If a member indicates a wish to speak against the motion or move an amendment, debate on the motion is to proceed.
(1) A member may move a motion to amend a principal motion at any time before the close of debate. The motion to amend must be in writing and a copy handed to the President.
(2) A member may move a motion to amend a motion to amend a principal motion. The motion to amend must be in writing and a copy handed to the President.
(3) A member may ask the Synod to be allowed to withdraw their own motion to amend at any time before the close of debate.
(4) If motions to amend have been moved, but not passed by the Synod, the motion to be put to the vote is the principal motion.
(5) If motions to amend have been moved and passed by the Synod, the motion to be put to the vote is the amended principal motion.
(6) If a member has moved a motion to amend and another member moves a motion for a different amendment or indicates an intention to move a motion for a different amendment, the President may
(a) put to the Synod questions about the principal motion and the proposed amendment to establish the mind of the Synod on the principle or principles of the motions, or
(b) nominate a person or persons to
- prepare a suitable form of words which expresses the mind of the Synod
- report to the Synod,
and adjourn the debate on the principal motion and the proposed amendments until the report has been received.
(7) If debate on a motion is adjourned under rule 4.9(6)(b), the Synod is to proceed to the next item of business.
(8) If the President considers that the strict application of rule 4.9 may cause confusion or prevent the Synod from expressing its mind, he may waive the application of this rule, or so much of it as he thinks fit.
4.10 Putting a motion to the vote
(1) When the President thinks that sufficient time has been allowed for debate on a motion, he is to ask the Synod a question to the effect
'Does the Synod consider that the motion has been sufficiently debated and should now be voted on?'
(2) If the majority of the members present answer 'Aye', the debate on the motion will be regarded as having ended, subject to the mover of the motion exercising a right of reply under rule 4.11. If the majority of members present answer 'No' the President is to allow the debate to continue. Rule 4.10(1) and rule 4.10(2) apply until debate has ended.
(1) The mover of a motion has a right of reply after debate on a motion has ended unless the motion is
(a) a motion for an amendment, or
(b) a procedural motion under rule 4.14(1) that a motion not be voted on.
(2) After a right of reply has been exercised, the motion is to be voted on.
(1) A vote on a motion is taken by the President asking present members who are in favour of the motion to say 'Aye' and then to ask those members who are against the motion to say 'No'. Voting may also take place by a show of hands at the option of the President or if requested by a member. A motion is passed only if a majority of the persons present and voting vote in favour of the motion.
(2) If requested by 8 or more members, voting on a motion is to be conducted by ballot. If a ballot is requested, the Synod, upon motion without notice and without debate, is to determine when and how the ballot is to be conducted.
(3) The members of the Synod are to vote collectively unless 8 members request that the vote be taken by Houses.
(4) If a vote is required to be taken by Houses, each House is to vote separately, the House of Laity voting first. The motion is passed only if a majority of persons present and voting in each House vote in favour of the motion. If a majority of the persons present and voting in the House of Laity do not vote in favour of the motion, the House of Clergy is not required to vote.
(1) A procedural motion for the adjournment of either the Synod or a debate may be moved without notice at any time between speeches.
(2) If debate on a motion is adjourned, that debate takes precedence over all other business, unless these rules provide otherwise, or the Synod decides otherwise as a result of a motion without notice passed by the Synod.
(1) If it is desired to avoid or postpone a vote on a motion, a member may move without notice the procedural motion
'That the motion not be voted on.'
(2) When this procedural motion is moved, the President is to immediately ask the Synod a question to the effect
'Does the Synod wish the debate on the principal motion to continue before the procedural motion is put to the Synod?'
(3) The question asked by the President in rule 4.14(2) may be debated but the debate is to be limited to that question until it is disposed of by vote of the Synod.
(4) If the majority of members present and answering answer 'Aye' to the question asked by the President in rule 4.14(2), debate on the principal motion is to continue and the mover of that motion has a right of reply before the procedural motion is voted on. If the procedural motion is not passed, the principal motion, and any amendments, are to be voted on immediately without further debate.
(5) If the majority of members present and answering answer 'No' to the question asked by the President in rule 4.14(2), the President is to immediately put the procedural motion without debate and without any right of reply.
(6) The procedural motion in rule 4.14(1) is not to be moved in a meeting of the Synod in Committee.
A motion may be withdrawn at any time by its mover with the permission of the Synod.
4.16 Motions previously voted on
(1) No motion which has been considered by the Synod and voted on is to be debated again during the same session of the Synod.
(2) No motion which is substantially the same as one which has been voted on during the same session is to be considered.
(3) Any question about whether a motion is substantially the same as one which has been voted on during the same session is to be decided by the President whose decision is final unless immediately altered as a result of a motion without notice agreed to by the Synod.
(1) The Synod may, as a result of a procedural motion with or without notice passed by the Synod, resolve itself into the Synod in Committee to consider any matter. A motion for the Synod to resolve itself into the Synod in Committee to consider the text of a proposed ordinance (see rule 5.6) is
'That Synod resolves itself into the Synod in Committee to consider [further] the text of the
[name of proposed ordinance].'
(2) During a meeting of the Synod in Committee, the Chairman of Committees or the Deputy Chairman of Committees has the functions set out in rules 2.3 and 2.4.
(3) The Synod in Committee may, as a result of a motion with or without notice passed by the Committee, resolve to adjourn its meeting. A motion to adjourn a meeting of the Synod in Committee is
'That the Chairman of Committees leaves the chair and reports progress.'
(4) On a motion to adjourn a meeting of the Synod in Committee being passed, the Chairman of Committees is to report progress to the Synod.
(5) When the Synod in Committee has concluded consideration of the matter before it, the Chairman of Committees is to report to Synod. Where the matter being considered was the text of a proposed ordinance, the Chairman of Committees is to report in the manner referred to in rule 5.6(3).
(6) The rules of procedure in this Part 4, so far as applicable, apply to a meeting of the Synod in Committee.
(7) In a meeting of the Synod in Committee the same number of members constitutes a quorum as in the Synod itself. If a quorum is not present, the Chairman of Committees is to leave the chair and report progress.
Part 5 Making of Ordinances by the Synod
The general procedure for the making of an ordinance by the Synod is summarised in the following diagram. [click here for diagram]
The remaining rules in this Part contain the detail of this procedure, and the details of the special situations where the general procedure is modified.
5.2 Notice of the proposed ordinance is to be given
(1) Notice of a proposed ordinance is to be given to members before the Synod may consider the proposed ordinance.
(2) Except as provided by rule 5.2(3), notice will be regarded as having been given only if a copy of the proposed ordinance has been circulated to members present before a motion to introduce the proposed ordinance is moved.
(3) If a proposed ordinance seeks
(a) to assent to a canon of the General Synod of the Anglican Church of Australia to amend the Constitution in the Schedule to the Anglican Church of Australian Constitution Act 1961, or
(b) to amend rule 5.2,
notice will be regarded as having been given only if
(c) a copy of the proposed ordinance was sent to each member at least 3 months before the first day of the session at which the proposed ordinance is to be considered, or
(d) 75% of the members present and voting permit the proposed ordinance to be introduced without notice, other than the notice provided for in rule 5.2(2).
5.3 Introduction of the proposed ordinance
(1) A proposed ordinance is introduced by a member moving a motion to the effect
'That Synod permits the introduction of the [name of the proposed ordinance].'
(2) If the motion to introduce the proposed ordinance is passed, the mover may immediately move a motion to the effect -
'That Synod agrees to consider passing the proposed ordinance formally.'
(3) If the motion to consider passing the proposed ordinance formally is passed, the procedure in rule 5.4 applies.
(4) If -
(a) the mover does not move a motion to the effect that the Synod agrees to consider passing the proposed ordinance formally, or
(b) such a motion is moved but is not passed,
the mover may immediately move the motion in rule 5.5(1). If the mover does not immediately move that motion, the mover is to move a motion to the effect -
'That Synod agrees to consider [at a specified time] a motion that the [name of the proposed ordinance] be approved in principle.'
5.4 Passing the proposed ordinance formally
(1) If the Synod agrees to consider passing a proposed ordinance formally, the mover may immediately make a speech for not longer than 3 minutes about the proposed ordinance.
(2) At the end of the speech, the President is to ask a question of the Synod to the effect
'Does any member have a question about the proposed ordinance?'
(3) If a member indicates that he or she has a question, the President is to allow the question to be asked and rules 5.4(4), 5.4(5) and 5.4(6) apply. If no member indicates that he or she has a question, the time for questions will be regarded as having ended.
(4) A question is to be answered by the mover or seconder unless the President allows another person to answer the question.
(5) When the President thinks that sufficient time has been allowed for questions, he is to ask the Synod a question to the effect
'Does the Synod consider that sufficient time has been allowed for questions?'
(6) If the majority of members present answer 'Aye', the time for questions will be regarded as having ended. If the majority of members present answer 'No', the President is to allow the time for questions to continue. Rules 5.4(5) and 5.4(6) apply until the time for questions has ended.
(7) Subject to rule 5.4(9), after the time for questions has ended, the mover is to immediately move a motion to the effect
'That the [name of the proposed ordinance] pass formally as an ordinance of the Synod.'
(8) If the Synod passes the proposed ordinance formally as an ordinance of the Synod, as soon as possible the Secretaries of the Synod are to send to the Archbishop for his assent, the original copy of the ordinance upon which
(a) the Chairman of Committees has certified the text of the ordinance, and
(b) the Secretaries of Synod have certified that the ordinance has passed as an ordinance of the Synod.
(9) If
(a) prior to the motion in rule 5.4(7) being voted on, 8 members stand in their place to object to the proposed ordinance being passed formally, or
(b) the motion in rule 5.4(7) is not passed,
the mover is to immediately move a motion to the effect
'That Synod agrees to consider [on a specified future day/on a specified future day and at a specified time] a motion that the [name of proposed ordinance] be approved in principle.'
5.5 Approving the proposed ordinance in principle
(1) At the time permitted by these rules, the mover of a proposed ordinance may move a motion to the effect
'That the [name of the proposed ordinance] be approved in principle.'
(2) After this motion has been moved and seconded, and the mover and seconder have spoken, the President is to ask the Synod a question to the effect
'Does any member have a question about the proposed ordinance?'
(3) If a member indicates that he or she has a question, the President is to allow the question to be asked and rules 5.5(4), 5.5(5) and 5.5(6) apply. If no member indicates that he or she has a question, the time for questions will be regarded as having ended.
(4) A question is to be answered by the mover or seconder unless the President allows another person to answer the question.
(5) When the President thinks that sufficient time has been allowed for questions, he is to ask the Synod a question to the effect
'Does the Synod consider that sufficient time has been allowed for questions?'
(6) If the majority of members present answer 'Aye', the time for questions will be regarded as having ended. If the majority of members present answer 'No', the President is to allow the time for questions to continue. Rules 5.5(5) and 5.5(6) apply until the time for questions has ended.
(7) After the time for questions has ended, the President is to immediately ask the Synod a question to the effect
'Does any member wish to speak against the motion, or to move an amendment to it?'
(8) If a member indicates that he or she wishes to speak against the motion, or to move an amendment, the President is to allow debate on the motion to proceed.
(9) Upon a proposed ordinance being approved in principle, the President is to immediately ask the Synod a question to the effect
'Does any member wish to move an amendment to the text of the proposed ordinance?'
(10) If a member indicates to the President that he or she wishes to move an amendment to the text of the proposed ordinance, rule 5.6 applies.
(11) If no member indicates to the President that he or she wishes to move an amendment, rule 5.7 applies and the mover is to immediately move the motion in rule 5.7(1).
5.6 Considering the text of the proposed ordinance
(1) If upon the President asking the question under rule 5.5(9) a member indicates that he or she wishes to move an amendment to the text of the proposed ordinance, the Synod is to
(a) immediately consider the text of the proposed ordinance in a meeting of the Synod in Committee, or
(b) determine another time for such consideration.
(2) When considering the text of a proposed ordinance in a meeting of the Synod in Committee, the Chairman of Committees is to put each clause of the proposed ordinance separately in the order in which the clauses occur in the proposed ordinance, leaving the preamble to be considered last, unless, in the opinion of the Chairman of Committees, it is expedient to put 2 or more consecutive clauses together.
(3) When consideration of the text of the proposed ordinance has been completed by the Synod in Committee, the Chairman of Committees is to report the proposed ordinance to the Synod, with or without amendments as the case may be.
(4) Upon the report being adopted by the Synod as a result of a motion without notice passed by the Synod, the mover of the proposed ordinance is to immediately move a motion to the effect
'That Synod agrees to consider [on a specified future day/on a specified future day and at a specified time] a motion that the [name of the proposed ordinance] pass as an ordinance of the Synod.'
5.7 Passing the proposed ordinance
(1) When permitted by these rules, the mover may move a motion to the effect
'That the [name of proposed ordinance] pass as an ordinance of the Synod.'
(2) A motion that a proposed ordinance pass as an ordinance of the Synod is not to be moved until the Chairman of Committees has certified the text on the original copy of the proposed ordinance.
(3) If the Synod passes a motion that a proposed ordinance pass as an ordinance of the Synod, the Secretaries of the Synod are to
(a) certify on the original copy of the ordinance that the ordinance has passed as an ordinance of the Synod, and
(b) as soon as possible, send the original copy of the ordinance to the Archbishop to enable him to consider his assent.
5.8 Further consideration of the text of the proposed ordinance
At any time before the Synod passes a motion that a proposed ordinance pass as an ordinance of the Synod, the Synod may, as a result of a motion with or without notice passed by the Synod, refer the proposed ordinance, or any clause of the proposed ordinance, or any amendment, to the Synod in Committee for consideration. Rules 5.6, 5.7 and 5.8 then apply, so far as they are relevant.
5.9 Reconsideration of the text of the proposed ordinance if assent is withheld
If the Archbishop withholds assent to an ordinance then, ignoring rules 5.3, 5.4 and 5.5, the Synod may, as a result of a motion with notice passed by the Synod, refer the proposed ordinance, or any clause of the proposed ordinance, or any amendment, to the Synod in Committee for consideration. Rules 5.6, 5.7 and 5.8 then apply, so far as they are relevant.
5.10 Proposed ordinances referred from the Standing Committee
If an ordinance proposed to be made by the Standing Committee is referred to the Synod then, subject to notice of the proposed ordinance being given in accordance with rule 5.2, consideration of the proposed ordinance by the Synod is to commence with a member moving the motion in rule 5.3(1).
5.11 Referral of ordinances by the Synod
(1) The Synod may, as a result of a motion with or without notice passed by the Synod, refer a proposed ordinance at any point in the procedure concerning it
(a) to the next session of the same Synod, or
(b) to a session of the next Synod.
(2) Consideration of the proposed ordinance at the next session of the Synod or at a session of the next Synod, as the case may be, resumes at the point in the procedure reached when it was referred.
6.1 Questions about the election or qualification of a member
(1) A question about
(a) the validity of the election or appointment of a member, or
(b) the qualification of any person to be a member,
may be referred by the Synod to the Committee of Elections and Qualifications for investigation.
(2) The Committee of Elections and Qualifications
(a) may meet during a session of the Synod, and
(b) when investigating a question referred to it, may receive such evidence as is available, whether that evidence would be admissible in legal proceedings or not.
(3) After completing its investigation, the Committee of Elections and Qualifications is to report to the Synod its findings about
(a) whether the relevant member was validly elected or appointed, or
(b) whether the person is qualified to be a member.
(4) A member of the Synod may move, with or without notice, that the report of the Committee of Elections and Qualifications be adopted. The motion is to state whether the member the subject of the report has been validly elected or appointed or not, or whether the person is qualified to be a member.
(5) If the Synod passes a motion to the effect that a person has not been validly elected or appointed, or that the person is not qualified to be a member, that person is not to thereafter take part in the proceedings of the Synod unless and until that person becomes duly elected, appointed or qualified, as the case may be.
(1) This rule 6.2 applies to the petitions referred to in rules 3.2(i) and 3.3(e).
(2) Petitions must be in writing and conclude with the signatures of the petitioners.
(3) No petition is to
(a) be expressed in language which, in the opinion of the President, is disrespectful or offensive, or
(b) have been altered by erasure or interlineation.
(4) A member presenting a petition is to
(a) be acquainted with the contents of the petition, and
(b) affix his or her name at the beginning of the petition, and
(c) state from whom it comes and its contents.
(5) On the presentation of a petition, the only motion the Synod is to consider is a motion to the effect
'That Synod receives the petition.'
(1) This rule 6.3 applies to the questions referred to in rules 3.2(j) and 3.3(f).
(2) A question may be asked by any member. A member may hand a written notice of a question to a Secretary of the Synod or any other member to be asked on his or her behalf.
(3) A question is to relate to a matter connected with the business of
(a) the Synod, or
(b) any committee, board or commission of the Synod, or established by or under an ordinance, or by resolution of the Synod or the Standing Committee.
(4) No question is to
(a) contain an assertion, or
(b) express an opinion, or
(c) offer an argument, or
(d) make any inference or imputation, or
(e) be expressed in language which, in the opinion of the President, is disrespectful or offensive, or
(f) seek a legal opinion.
(5) An answer to a question is to be read orally to the Synod by the President on the next day or as soon as convenient after the next day. As soon as possible a written copy is to be
(a) handed to the person who asked the question, and
(b) posted on a notice board in a prominent position in or near the building in which the Synod is meeting.
If the answer includes statistics or other detailed material, the answer may be supplemented with a document which need not be read orally.
(6) Each question and reply is to be recorded in the minutes of the Synod.
With the permission of the President, a member may explain matters of a personal nature. These matters are not to be debated.
Any rule of procedure may be suspended by motion
(a) with notice, or
(b) without notice unless 8 members object.
(1) Unless the Synod otherwise determines as a result of a motion with or without notice passed by the Synod, the proceedings of the Synod are to be open to the media.
(2) With the permission of the President, the proceedings, or parts of the proceedings, may be televised, broadcast or photographed.
A rule which the Synod is authorised to make by the Constitutions set out in the Schedule to the Anglican Church of Australia Constitutions Act 1902 may be made by resolution, unless those Constitutions require the rule to be made by ordinance. No rule made by resolution is to be contrary to the terms of an ordinance.
____________________
Table of Amendments
| Rule 1.2 | Amended by Ordinance No 34, 2005 |
| Rule 3.2 | Amended by Ordinance No 61, 2002. |
| Rule 3.3 | Amended by Ordinance No 61, 2002. |
| Rule 4.2 | Amended by Ordinance No 26, 2009. |
| Rule 4.6 | Amended by Ordinance No 61, 2002 |
| Rule 4.10 | Amended by Ordinance No 61, 2002. |
| Rule 4.12 | Amended by Ordinance No 61, 2002. |
| Rule 4.14 | Amended by Ordinance No 61, 2002. |
| Rule 5.3 | Amended by Ordinance No 61, 2002. |
| Rule 5.4 | Amended by Ordinance No 61, 2002. |
| Rule 5.5 | Amended by Ordinance No 61, 2002. |
| STEVE LUCAS | ROBERT WICKS |
| Manager, Legal Services | Diocesan Secretary |
10 November 2009
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