Acts & Ordinances
Cost Recoveries Framework Ordinance 2008
The Cost Recoveries Framework Ordinance 2008 as amended by the Cost Recoveries (Parochial Network) Amendment Ordinance 2011.
An Ordinance to authorise the recovery of certain costs incurred in relation to parochial clergy and the network of parishes in the Diocese, and to provide for the calculation of the net operating receipts of a parish.
The Synod of the Diocese of Sydney Ordains as follows.
This Ordinance is the Cost Recoveries Framework Ordinance 2008.
(1) In this Ordinance –
(2) In Part 2 –
(3) For the purposes of Part 3 –
(1) Notes in this Ordinance are for explanatory purposes only and do not form part of the Ordinance.
(2) The Diocesan Secretary is authorised to update the notes when reprinting this Ordinance under clause 8 of the Interpretation Ordinance 1985.
For each financial year, each parish is to pay a cost recoveries charge in respect of ministry costs and parochial network costs specified or determined in accordance with an ordinance referred to in clause 5.
(1) The Standing Committee must prepare for the second ordinary session of the 48th Synod and the second ordinary session of each Synod thereafter a proposed ordinance for adoption by the Synod which –
(2) The Standing Committee must arrange for the distribution of a copy of the proposed ordinance to all members of the Synod not less than 14 days before the first day of the session.
(3) If, in relation to a financial year, the Standing Committee expects that the total of the cost recoveries charges to be received from parishes will be insufficient to meet the total of the ministry costs and parochial network costs for that year, it may bring to the Synod an ordinance containing a proposal to meet that insufficiency.
All cost recovery charges imposed by or pursuant to an ordinance of Synod, unless the ordinance otherwise directs, are payable by 10 equal monthly instalments, the first due and payable on 1 March and subsequent instalments due and payable on the first day of each succeeding month.
If a parish fails for any reason to pay any instalment of a charge for a period of 3 months after the due date the Archdeacon of the area in which the parish is situated is to confer with the minister and wardens with a view to finding a solution to the situation in which charges have not been paid and is to report the result of such consultation to the Standing Committee.
(1) In any case where –
the Standing Committee may provide such relief from charges made as it considers equitable in the circumstances.
(2) The Standing Committee has the power to enter into an arrangement with a parish for the payment of accumulated arrears of charges over a period of time.
(3) The Standing Committee is authorised to remit the whole or any part of the arrears of charges owing by any parish if it declares by resolution the circumstances which in its opinion make it expedient so to do.
(4) The Standing Committee is to report to the Synod on all relief provided and all remissions made under this clause.
The Standing Committee has control of all expenditure on account of the Synod in all cases where such control has not been exercised by the Synod itself and is responsible for collecting all moneys charged and for distributing and applying such moneys.
If a charge is calculated under any ordinance by reference to the net operating receipts of a parish, the net operating receipts are those determined under Part 3.
The net operating receipts of a parish in a financial year (“N”) is the amount calculated in accordance with the following formula –
The gross operating receipts of a parish is the total amount of all receipts of the parish less any of the following receipts included in that amount –
Note: Presently the figure for gross operating receipts is the amount shown as the ‘sub-total operating receipts’ at the foot of page 1 of the Prescribed Financial Statements.
The exclusions for a parish are –
The deductions for a parish are gifts made to any Christian organisation outside the control of the parish from funds held for the general purposes of the parish.
Note: Presently shown as item numbers 6-2310 and 6-2330 in the Prescribed Financial Statements. This would include amounts paid to missionary societies, local area scripture boards, other diocesan organisations, and other parishes.
(1) If the wardens fail to forward all the audited financial statements in the form prescribed by the Standing Committee to the Diocesan Secretary on or before 15 April, the Standing Committee may estimate the net operating receipts of that parish for the preceding financial year and such estimate is taken to be the actual net operating receipts of that parish for that financial year.
(2) If the Standing Committee considers that any of the financial statements are incomplete or inaccurate, it is to request the minister and wardens concerned to complete or correct the financial statements and, if they fail so to do within one month of such request, the Standing Committee may make such adjustment to the net operating receipts disclosed in the financial statements as it thinks fit and the net operating receipts as adjusted are taken to be the net operating receipts of the parish concerned for the financial year to which they relate.
(3) If the Standing Committee makes an adjustment to the net operating receipts under subclause (2) it is to give notice of such adjustment to the minister and wardens concerned. Unless the minister and wardens, within 2 months of the Standing Committee giving such notice notify the Diocesan Secretary that they consider the change made by the Standing Committee is inconsistent with this Ordinance and give their reasons for that view, the net operating receipts of the parish for that financial year are the amount after such adjustment has been made. If the minister and wardens so notify the Diocesan Secretary, a dispute is taken to exist unless such dispute is resolved by agreement between the Standing Committee and the minister and wardens within 1 month of the date on which such notification is given.
If a dispute arises as to the meaning or application of this Ordinance the dispute is to be determined by the Chancellor or by some person appointed by him and the decision of the Chancellor or that person is final and binding on the parties involved.
The Standing Committee may delegate all or any of its powers under this Ordinance to a committee appointed by the Standing Committee.
The Parish Administration Ordinance 2008 is amended by –
The Assessment and Charges Ordinance 1975 is repealed provided that such repeal does not affect any act done under or obligation imposed by that ordinance.
Table of Amendments
29 August 2011
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