Introduction

Requirement for wardens

Appointment of wardens

Election of wardens

What if the annual general meeting of parishioners fails to elect two wardens?

Who is qualified to be a warden?

Nomination and election of wardens

Nomination

Election

Declaration to be made by wardens

When wardens cease to hold office

When a person may be a warden of more than one church

References

Introduction

Requirement for wardens

Each church must have three wardens.  If the parish is administered as a whole, the parish must have three wardens who are also the wardens for each church in the parish.  One warden is to be appointed each year by the minister and the other two are to be elected at each annual general meeting of parishioners.

Only a qualified person may be appointed or elected as a warden.  See Who is qualified to be a warden?.

Appointment of wardens

The minister must appoint his warden normally within 7 days before the election of the two wardens at the annual general meeting of parishioners.  See Business of a general meeting of parishioners.  If the minister fails to do so he is to endeavour to make his appointment as soon as possible after the annual general meeting of parishioners.

Election of wardens

The election of two wardens is part of the business of the annual general meeting of parishioners.  See Business of a general meeting of parishioners.

What if the annual general meeting of parishioners fails to elect two wardens?

If the annual general meeting of parishioners fails to elect two wardens, the parish council may appoint any qualified parishioner or parishioners within the parish to fill the remaining vacancy or vacancies.

In the interim, an elected warden in office at the time of the annual general meeting of parishioners remains in office until their replacement is elected unless the warden ceases to hold office by reason of the occurrence of one of the events referred to in When wardens cease to hold office.

Who is qualified to be a warden?

A person is qualified to be appointed or elected as a warden if he or she is a parishioner of the church or, if the parish is administered as a whole, a congregation of the parish, is above the age of 18 years and is a communicant member of the Anglican Church of Australia.  However –

(a)   the spouse of a minister or assistant minister licensed to the parish is not qualified to be elected or appointed as a warden , and

(b)   at any one time, a husband and wife may not both be wardens of a church, and

(c)   a person who is engaged as an employee and who is paid from the funds of the parish or church may not be appointed or elected as a warden , and

(d)   a person who is bankrupt or mentally ill may not be appointed or elected as a warden, and

(e)   a person who is a prohibited person within the meaning of the Child Protection (Prohibited Employment) Act 1998 may not be appointed or elected as a warden.

Nomination and election of wardens

Nomination

A person may not be nominated for election as a warden unless he or she has consented verbally or in writing to the nominator or another person present at the meeting.  The nominator is to be present at the meeting but the nominee need not be.

Many parishes encourage the making of nominations for election to the office of warden prior to the meeting to assist in the production of ballot papers and for the publication of the names of nominees.  Strictly, nominations made prior to the meeting are only notices of an intention to nominate.  If the nominator is not present at the meeting, the nomination lapses unless another person at the meeting makes the nomination. 

Parishioners cannot be prevented from making nominations, without notice, at the meeting.

Election

For the specific rules concerning the conduct of elections at a general meeting of parishioners, see Elections.

Declaration to be made by wardens

A person who is nominated for election or appointment as a warden is to make the following declaration –

"I declare that I am a communicant member of the Anglican Church of Australia and am not a prohibited person within the meaning of the Child Protection (Prohibited Employment) Act 1998.".

A nomination is not invalid if the nominee has not made the declaration prior to the election or appointment.  However if a person is elected or appointed as a warden without having first made the declaration, the office to which that person is elected or appointed is taken to be vacant if the person fails to made the declaration –

(a)   within 7 days after the person's election or appointment, or

(b)   if the person is temporarily absent from the Diocese, within 7 days of his or her return, or

(c)   if the person is otherwise absent or incapacitated, within such further period as may be approved by the Registrar or the Regional Archdeacon.

A person re-elected or re-appointed as a warden should make a new declaration within the prescribed time limits.

Where a vacancy in the office of wardens arises because a person elected or appointed did not make the declaration within the required time the appropriate procedure to fill that vacancy is –

(a)   if the person was elected as warden , the vacancy is to be filled at a general meeting of parishioners convened by the minister and wardens and held within 3 months after the vacancy occurred, or

(b)   if the person was appointed as a warden , the vacancy is to be filled by an appointment by the minister.

When wardens cease to hold office

The office of a warden becomes vacant if –

(a)   the warden –

(i)   dies, or

(ii)   resigns, or

(iii)      becomes bankrupt, or

(iv)   becomes mentally ill or otherwise incapable of acting as a warden , or

(v)   becomes engaged as an employee who is paid from the funds of the parish or church, or

(vi)   becomes a prohibited person within the meaning of the Child Protection (Prohibited Employment) Act 1998, or

(b)   if the warden is an elected warden - if he or she is appointed as a warden by the minister or when the successor is elected, or

(c)   if the warden is an appointed warden - if he or she is elected as a warden or upon the appointment by the minister of a successor.

A vacancy in the office of warden which arises other than by reason of the election or appointment of a successor is to be filled –

(a)   if the warden was an elected warden, at a general meeting of parishioners convened by the minister and wardens and held within 3 months after the vacancy occurred, or

(b)   if the warden was an appointed warden, by an appointment by the minister.

For these purposes, a vacancy in the office of warden occurs when the minister receives the resignation or notice of the fact or circumstance that causes the vacancy.

If a church is destroyed, deconsecrated or delicensed, the wardens of the church continue to hold office until 7 days after the Archbishop signs a notice to the Registrar and to those wardens that they are to cease to hold office.  The wardens of a parish similarly continue to hold office upon the last congregation ceasing to exist.

When a person may be a warden of more than one church

For parishes which are administered on the basis of their churches, a person may only be elected or appointed as the warden of more than one church with the permission of the regional bishop-in-council.  Such permission may only be granted if requested by the minister of the parish following a resolution passed at a general meeting of parishioners of the relevant church by a two-thirds majority of persons present and entitled to vote.

The approval may be given generally or for a specific person and may be given for a specified period or indefinitely.

The Regional Bishop-in-Council may vary or discontinue the permission on the application of the minister made in accordance with a resolution passed at a general meeting of parishioners of the relevant church by a majority of persons present and entitled to vote.

For parishes which are administered as a whole, the wardens of the parish are already the wardens of each church in the parish.