Nomination Ordinance 2006

(Reprinted under the Interpretation Ordinance 1985.)

The Nomination Ordinance 2006 as amended by the Nomination Ordinance 2006 Amendment Ordinance 2009, the Nomination Ordinance 2006 Amendment Ordinance 2010 and the Cost Recoveries (Parochial Network) Amendment Ordinance 2011.

Diagrammatic Summmary of Provisions click here

Long Title

An Ordinance to make provision for the appointment of clergymen in the order of presbyter to the office of rector of a parish.

The Synod of the Diocese of Sydney Ordains as follows.

Part 1:  Preliminary

1.       Name of Ordinance

This Ordinance is the Nomination Ordinance 2006.

2.       Definitions

In this Ordinance -

Archbishop means the Archbishop for the time being of the Diocese or the person for the time being entitled to exercise the Archbishop's powers,

Archbishop-in-Council means the Archbishop on the advice of the Standing Committee,

Archdeacon is taken to include a person who is holding office as an Assistant to a Regional Bishop.

churchwardens means the churchwardens of the church of the parish or, if there is more than one such church, the principal church of the parish,

diocesan nominator means a representative to the Nomination Board elected for the time being under clause 29 or 31,

local revenues means all moneys received for the purposes of a parish but does not include -

(i)     income from property, or

(ii)    money given to the parish by any body corporate or organisation created or regulated by an ordinance of the Synod or the Standing Committee, or

(iii)   money given to the parish for a specified purpose, other than a purpose for or in relation to the rector’s stipend, travelling expenses superannuation or long service leave,

Nomination Board or Board means the Nomination Board constituted under clause 28,

parish means a parish constituted under or recognised as such for the purposes of the Parishes Ordinance 1979,

parish nominator means a representative to the Nomination Board elected or appointed for the time being by or on behalf of a parish under clause 33, 34 or 37.

Part 2: Occurrence of a parish vacancy

3.       Circumstances in which a vacancy occurs

(1)      For the purposes of this Ordinance, a vacancy occurs in the office of rector of a parish if the rector -

 (a)      dies, or

 (b)      retires, or

 (c)      is removed from office, or

 (d)      resigns.

(2)       For the purposes of this Ordinance, a vacancy occurs in the office of rector of a parish on the acknowledgment in writing by the Archbishop of a notification in writing by the rector that the rector intends to retire on a specified or ascertainable date which is not more than 12 months after the date of the notification.

(3)       For the purposes of this Ordinance, a vacancy occurs in the office of rector of a parish on the acceptance in writing by the Archbishop of the resignation in writing of the rector despite the fact that the resignation or acceptance contains a provision for a postponement of the operation or effect of the resignation.

4.       Notification and report on occurrence of a vacancy

On a vacancy occurring in the office of rector of a parish -

(a)      the Registrar is to notify the churchwardens and the parish nominators that a vacancy has occurred and advise the date of the vacancy, and

(b)      the churchwardens are to complete and send to the Archbishop an information sheet in such form as the Archbishop determines from time to time, and

(c)      the Archdeacon of the Region in which the parish is situated is to obtain from the churchwardens such information concerning the parish as the Archbishop determines from time to time.

Part 3:  Entitlement to benefits under this Ordinance

5.       Preconditions to obtaining benefits under this Ordinance

(1)      A parish has the benefits under this Ordinance concerning the nomination of a clergyman to the Archbishop only
if -

(a)      during the financial year before the vacancy occurred the local revenues of the parish were not less than the sum of the following amounts -

(i)    that part of the minimum stipend for a minister recommended by the Standing Committee which was required to be paid as stipend to the rector during that period, and

(ii)    that part of the fixed component of the travel allowance for a minister recommended by the Standing Committee which was required to be paid during that period, and

(iii)   that part of the fixed component of the cost recoveries charge payable by a parish under the Cost Recoveries Framework Ordinance 2008 which was required to be paid during that period, and

(b)      during the financial year before the vacancy occurred the rector was -

(i)    paid or provided with a stipend or benefits in lieu of stipend the amount or value of which, in total, is not less than the minimum stipend recommended by the Standing Committee for a minister, and

(ii)    paid or provided with a travel allowance or travel benefits in lieu of at least the amount recommended by the Standing Committee for a minister, and

(iii)   provided with the free use of a residence or otherwise housed in accommodation approved as suitable by the Archbishop, and

(c)      at the date of the occurrence of the vacancy all cost recoveries charges (including any arrears) due and payable by the parish under the Cost Recoveries Framework Ordinance 2008 have been paid.

(2)      The value of benefits provided to a rector in lieu of stipend is only to be taken into account for the purposes of clause 5(1)(b) if the benefits were provided to the rector in accordance with guidelines approved by the Standing Committee.

6.       Archbishop’s certification as to entitlement of parish to benefits under this Ordinance

(1)      Subject to subclause (2), the Archbishop may, within 42 days after the occurrence of a vacancy in the office of rector of a parish, certify in writing to the Registrar -

(a)      that the parish has complied with clause 5, or

(b)      that, while the parish has not complied with clause 5, the matters of non-compliance are such as should not prevent the parish from having the benefits under this Ordinance.

(2)      If -

(a)      the operation of clause 9 in relation to a parish is suspended pursuant to clause 7 or 8, and

(b)      the suspension is terminated, and

(c)      in the case of a suspension pursuant to clause 7, the parish retains its classification as a parish on the termination of the suspension,

the Archbishop may certify in writing to the Registrar in accordance with subclause (1) within 42 days after the termination of the suspension.

(3)      If the Archbishop does not furnish a certificate to the Registrar within the 42 day period, the Registrar is to notify the Archbishop-in-Council accordingly in time for its next meeting.

(4)      The Archbishop-in-Council is to determine whether or not, in all the circumstances, the parish should have the benefits under this Ordinance.

(5)      A determination of the Archbishop-in-Council is to be notified to the Registrar and, subject to subclause (6), has effect according to its tenor.

(6)      The Archbishop has the unqualified right of appointment if the Archbishop-in-Council determines that, in all the circumstances, the parish should not have the benefits under this Ordinance.

7.       Suspension of proceedings - proposal for re-classification of parish

(1)      If a proposal has been presented to the Archbishop under clause 4(1)(c) of the Parishes Ordinance 1979 to change the classification of a parish to a provisional parish, the Archbishop may, by notice in writing to the Registrar and the members of the Nomination Board for the parish, suspend the operation of clause 9.

(2)      A notice may be given under subclause (1) whether or not a vacancy has occurred in the office of rector of the parish.

(3)      A suspension of the operation of clause 9 under this clause may be terminated by the Archbishop at any time by notice in writing to the Registrar and the members of the Nomination Board for the parish and, if not so terminated, terminates upon the Synod determining the proposal for reclassification of the parish under clause 5(3) of the Parishes Ordinance 1979.

8.       Suspension of proceedings – on request of parish nominators

(1)      The Archbishop may, by notice in writing to the Registrar and the members of the Nomination Board –

a)      suspend the operation of clause 9 if requested in writing to do so by a majority of the parish nominators with the concurrence of the Regional Bishop of the Region in which the parish is situated, or

(b)      suspend the operation of clauses 24 and 27 if requested in writing to do so by a majority of the Nomination Board with the concurrence of the Regional Bishop of the Region in which the parish is situated.

(2)      A notice may be given under subclause (1) only if –

(a)      a vacancy has occurred in the office of rector of the parish, and

(b)      the Archbishop considers there are special circumstances that warrant suspending the operation of clause 9 or of clauses 24 and 27.

(3)      For the purposes of subclause (1), the Archbishop may choose to specify a period of time for any suspension of the operation of clause 9 or of clauses 24 and 27.

(4)      A suspension of the operation of clause 9 or of clauses 24 and 27 under this clause –

(a)      may be terminated by the Archbishop at any time by notice in writing to the Registrar and the members of the Nomination Board, and

(b)      is to be terminated by the Archbishop by notice in writing to the Registrar and the members of the Nomination Board on receiving a request in writing from a majority of the parish nominators or a majority of  the Nomination Board, as the case may be, to terminate such suspension.

9.       Convening of first meeting of Nomination Board

(1)      On receipt of the Archbishop's certificate under clause 6(1)(a) or (b) or on being notified of a determination of the Archbishop-in-Council under clause 6(5) that a parish should have the benefits under this Ordinance, the Registrar is to convene the first meeting of the Nomination Board by written notice to the members of the Board for the parish.

(2)      The first meeting of the Board is, as far as practicable, to be held within 1 month after the Registrar receives the certificate or notice of determination referred to in subclause (1).

Part 4:  Nomination to the Archbishop

10.     Principal function of Nomination Board

(1)      The principal function of a Nomination Board for a parish is to nominate to the Archbishop a clergyman who is a presbyter or a deacon, but in the case of a deacon only if he has been approved by the Archbishop for ordination as a presbyter, to be appointed and licensed by the Archbishop to the office of rector of the parish.

(2)      A nomination may be made by a Nomination Board in any one of the following ways –

(a)      by nominating the name of one clergyman under this clause or clause 18,

(b)      by nominating the names of 2 clergymen in accordance with an order of priority determined under clause 14 or 18,

(c)      by nominating the names of 2 or more clergymen not in order of priority under clause 15
or 18.

11.     Chairman and chairman’s vote

(1)      At a meeting of the Nomination Board, the Bishop or Archdeacon of the Region in which the parish is situated, if present, is the chairman but without power of voting.

(2)      If the Regional Bishop or Archdeacon is unable to be present, any other Regional Bishop or Archdeacon within the Diocese nominated by the first-mentioned Regional Bishop or Archdeacon may be present and, if present, is the chairman but without power of voting.

(3)       If no Regional Bishop or Archdeacon is present, the members at the meeting are to elect a chairman from among those present and the person so elected is the chairman and has a deliberative vote only.

12.     Resolutions

(1)      This clause applies to the following resolutions -

(a)      a resolution to nominate the name of one clergyman under clause 10,

(b)      a resolution to nominate the names of 2 clergymen in order of priority under clause 14,

(c)      a resolution to nominate the names of 2 or more clergymen not in order of priority under clause 15,

(d)      a resolution to surrender the right of nomination under clause 16.

(2)      A resolution is not carried at a meeting of the Nomination Board unless -

(a)      at least 3 parish nominators and at least 2 diocesan nominators are present at the meeting, and

(b)      at least 3 parish nominators and at least 2 diocesan nominators vote in favour of the resolution.

13.     Recording of resolutions

The chairman is to cause a record to be made of all resolutions of the Nomination Board.

14.     Listing of 2 names in order of priority

A Nomination Board may resolve on the names of 2 clergymen to be nominated to the Archbishop in order of priority.

15.     Listing of names not in order of priority

A Nomination Board may nominate to the Archbishop the names of 2 or more clergymen not in order of priority any one of whom the Board would be pleased to see appointed and licensed to the office of rector of the parish.

16.     Surrender of right of Nomination

(1)       A Nomination Board may surrender its right of nomination at any time.

(2)       A resolution to surrender the right of nomination is, in relation to the vacancy concerned, irrevocable.

(3)       Where the right of nomination is surrendered, the Archbishop has the unqualified right of appointment.

17.     Participation in meetings by telephone or video conferencing

(1)      The members of the Nomination Board may participate in a meeting, or all meetings, of the Board by telephone or video conferencing.

(2)      A member who participates in a meeting under subclause (1) is taken to be present at the meeting.

18.     Resolution of matters otherwise than at a meeting

(1)      If, following the first or a subsequent meeting of the Nomination Board at which a list of names of not more than 3 clergymen to be considered for nomination has been agreed upon by resolution in accordance with clause 12 and recorded in writing, a nomination may be made to the Archbishop if at least 4 parish nominators and at least 3 diocesan nominators are unanimous in their intention to seek the nomination of one clergyman from the list, and have so notified in writing the chairman of the meeting, at which the list was agreed upon. The Nomination Board is taken (even though members have not met together for the purpose) to have resolved to nominate the clergyman in accordance with this Ordinance.

(2)      The procedure under this clause may also be used –

(a)      to resolve on the names of 2 clergyman to be nominated to the Archbishop in order of priority in accordance with clause 14, or

(b)      to resolve to nominate a list of not more than 3 names (being the names agreed upon under subclause (1)) not in order of priority in accordance with clause 15.

19.     Conferences with the Archbishop

(1)      The Archbishop, the Regional Bishop of the Region in which the parish concerned is situated or any 3 members of the Nomination Board may at any time request a conference between the Board and the Archbishop at such time and place as may be appointed or agreed to by the Archbishop.

(2)      More than one conference may be held under this clause in respect of a parish.

(3)      The Archbishop is the chairman at any such conference.

(4)      The Archbishop may delegate all or any of his functions under this clause to the Regional Bishop of the Region in which the parish concerned is situated.

20.     Manner of making a nomination of clergyman or clergymen to the Archbishop

(1)      The chairman is to notify the Archbishop, in writing, of the name of the clergyman or, as the case may be, the names of the clergymen, nominated by the Nomination Board.

(2)      The nomination is made at the time at which the Archbishop receives the notification.

Part 5 – Archbishop’s response to Nomination

21.     Archbishop’s offer of appointment

(1)      If the Nomination Board nominates the name of one clergyman, the Archbishop (unless he is satisfied that there is good and sufficient reason for refusing to accept the nomination) is to offer, in writing, to appoint the clergyman nominated to him to the office of rector of the parish.

(2)      If the Nomination Board nominates the names of 2 clergymen in order of priority, the Archbishop may accept the nomination of the clergyman nominated first in order of priority.  If the Archbishop declines to accept the nomination of a clergyman nominated first in order of priority or that clergyman declines or neglects to accept appointment within the time limited for acceptance, the Archbishop (unless he is satisfied that there is good and sufficient reason for refusing to accept the nomination) is to offer, in writing, to appoint the clergyman second in order of priority.

(3)      If the Nomination Board nominates the names of 2 or more clergymen not in order of priority, the Archbishop (unless he is satisfied that there is good and sufficient reason for refusing to accept any one or more of the names nominated to him) is to offer, in writing, to appoint a clergyman nominated to him to the office of rector of the parish in the order of priority determined by the Archbishop.

(4)      If a clergyman to whom an offer is made under subclause (3) declines or neglects to accept appointment within the time limited for acceptance, the Archbishop may offer to appoint any other clergyman on the list to the office of rector of the parish.

(5)      The Archbishop is not required to give the grounds on which he declined to accept a nomination.

(6)      An offer made by the Archbishop under this clause to a clergyman who is a deacon is to be made subject to the clergyman being ordained as a presbyter by a date specified by the Archbishop in the offer.

22.     Period for acceptance of offer of appointment

(1)      A clergyman to whom an offer is made may, in writing, within 21 days after receipt of the offer (or such longer period as may be determined under subclause (2)) accept or decline the offer.

(2)      The Archbishop may, in writing, at any time before or after the expiration of the 21-day period, extend the period by an additional period determined by him of not more than 21 days if in his opinion there are special circumstances that warrant the extension.

23.     Appointment and licensing of clergyman

(1)      Subject to subclause (2), if a clergyman to whom an offer is made accepts the offer within the time limited for acceptance, the Archbishop is to appoint and license the clergyman to the office of rector of the parish concerned.

(2)      If the clergyman who accepts an offer under subclause (1) is a deacon, the Archbishop may only appoint and license the clergyman –

(a)      after he has been ordained as a presbyter, or

(b)      before he has been ordained as a presbyter provided that by the commencement date of his licence he has been ordained as a presbyter.

24.     Effect of failure to make nomination after 6 months

(1)      If no nomination is made within 6 calendar months (or such longer period as may be determined under
subclause (2)) after the date for which the first meeting of the Nomination Board was convened (whether or not the meeting was actually held on that date) the right of nomination of the Board lapses.

(2)      The Archbishop may, in writing, at any time before or after the expiration of the 6-month period, extend the period if he is satisfied that due diligence has been shown by the Nomination Board in seeking to make a nomination.

25.     Procedure on failure of Nomination

(1)      If -

(a)      the Archbishop declines to accept a nomination, or

(b)      the clergyman nominated declines or neglects to accept the proposed appointment within the time limited for acceptance,

the Archbishop is to inform the Registrar and the Registrar is to notify each member of the Nomination Board accordingly.

(2)      Where the Registrar has notified each member of the Nomination Board under subclause (1), the Board is entitled to make a further nomination within 3 months (or such longer period as may be determined under subclause (4)) after the date of the notification.

(3)      If the chairman of the Nomination Board has notified the Archbishop of the names of 2 or more clergymen in order or not in order of priority, the Board is not entitled to make a further nomination until after all the names have been eliminated.

(4)      The Archbishop may, in writing, at any time before or after the expiration of the 3-month period, extend the period if he is satisfied that due diligence has been shown by the Nomination Board in seeking to make a nomination.

26.     Effect of failure to license clergyman

If a clergyman who accepts an offer of appointment to the office of rector of a parish is not licensed as rector of the parish due to some act or negligence on the part of that clergyman or, if the clergyman is a deacon, because the clergyman is not ordained as a presbyter by the date specified by the Archbishop under clause 21(6), the Nomination Board for the parish continues to have the right of nomination.  This continuing right of nomination may only be exercised during the period determined under clause 27(1).

27.     Ultimate lapsing of right of Nomination

(1)      A Nomination Board may nominate the name of a clergyman to the Archbishop at any time within one year and one month after the date for which the first meeting of the Nomination Board was convened (whether or not the meeting was actually held on that date).

(2)      After that time, the right of nomination of the Board in relation to the vacancy concerned lapses absolutely.

(3)      The Archbishop has the unqualified right of appointment if the Board's right of nomination lapses.

Part 6:  Constitution of the Nomination Board

28.     Membership

(1)      A Nomination Board for a parish is constituted by -

(a)      the Bishop or Archdeacon of the Region in which the parish is situated (either one of whom may act as a member of the Board at any time), and

(b)      2 members of clergy elected by Synod, and

(c)      2 lay persons elected by Synod, and

(d)      5 lay persons elected by the parish.

(2)      Nothing in subclause (1) limits the operation of clause 11(2).

29.     Diocesan nominators – election

(1)      During the first session of each Synod, the members of Synod voting collectively are to elect -

(a)      2 members of clergy and 2 lay persons to be members of the Nomination Board, and

(b)      1 member of clergy and 1 lay person to be alternate members of the Nomination Board.

(2)      A person is not eligible for election unless the person is a member of Synod and resident in the Diocese.  In addition, a clergyman is not eligible for election if he is an assistant bishop or an Archdeacon with territorial jurisdiction.

30.     Diocesan nominators - tenure of office

A diocesan nominator holds office until his or her successor is elected or until the office is vacated.

31.     Diocesan nominators - casual vacancies

(1)     The office of a diocesan nominator is vacated if he or she -

(a)      dies, or

(b)      resigns, or

(c)      is absent from the State for at least 3 months and the Archbishop declares in writing the office to be vacated, or

(d)      ceases to be a member of Synod for a period in excess of 3 months, or

(e)      is certified by the Archbishop to be incapable of performing the duties of office, or

(f)      in the case of a clergyman, is appointed as a Regional Bishop or an Archdeacon with territorial jurisdiction.

(2)     A vacancy in the office of a diocesan nominator is to be filled within 2 months after it occurs by the Synod (if in session) or by the Standing Committee (if the Synod is not in session).  A person elected by the Standing Committee remains a diocesan nominator only until the following ordinary session of Synod and at that session the vacancy is to be filled.

(3)     Part 7 of the schedule to the Synod Elections Ordinance 2000 does not apply to the filling of a vacancy in the office of a diocesan nominator.

32.     Parish nominators – eligibility for election

(1)     A parish may elect 5 lay persons of not less than 21 years of age who are parishioners of the parish and communicant members of this Church.

(2)     A person is not eligible for election if -

(a)      the person is employed within the parish to perform substantially full-time work which is or includes pastoral work, or

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

(c)      the person is the spouse of a person who is a member of the Nomination Board.

33.     Parish nominators – election in single-church parish

In a parish with one church, the parish nominators are to be elected by the parishioners of not less than 18 years of age present at the annual vestry meeting or any other vestry meeting of the church.

34.     Parish nominators – election in multi-church parish

(1)     In a parish with more than one church, the parish nominators are, unless a direction is given under subclause (3), to be elected by the parishioners of not less than 18 years of age of all the churches at a special general meeting held in the parish at such time and place as the minister and churchwardens appoint.

(2)     Notice of the meeting is to be given to the parishioners of each church in the same manner as notice of an annual vestry meeting is given under the Church Administration Ordinance 1990.

(3)     On the request of the parish council, the Regional Bishop of the Region in which the parish is situated, acting on the advice of his Regional Council, may direct that the parish nominators are to be elected –

(a)      at the annual vestry meeting or another vestry meeting of 2 or more of the churches in such proportion as the Regional Bishop-in-Council, after consideration of the request, appoints, or

(b)      at the combined annual vestry meeting or another vestry meeting of the parish held in accordance with the Church Administration Ordinance 1990.

(4)     Provisions relating to the chairman, chairman’s vote and quorum at a meeting to elect parish nominators are the same as for a vestry meeting under the Church Administration Ordinance 1990.

35.     Parish nominators – declarations

(1)     A person who is nominated for election as a parish nominator must within 7 days before or after election as a parish nominator make the following declarations –

(a)      “I declare that I have attained the age of 21 years and am a communicant member of the Anglican Church of Australia”, and

(b)      “I declare that I am not a prohibited person within the meaning of the Child Protection (Prohibited Employment) Act 1998”.

(2)     The office to which a person is elected as a parish nominator becomes vacant if that person fails to make the declarations required by this clause.

36.    Parish nominators – tenure of office

(1)     A parish nominator holds office -

(a)      until -

(i)     in the case of a parish with one church, the next annual vestry meeting of the church, or

(ii)    in the case of a parish with more than one church, the next meeting of the parish held in accordance with clause 34, or

(b)      until the office is vacated.

(2)      When a vacancy in the office of rector of a parish occurs, the parish nominators then in office (except in the case of a parish nominator who was a parishioner at the time of appointment but has ceased to be a parishioner) are, subject to clause 37, entitled to remain in office until their successors are elected after the vacancy has been filled.

37.     Parish nominators – casual vacancies

(1)     The office of a parish nominator is vacated if he or she -

(a)      dies, or

(b)      resigns, or

(c)      is absent from the State for at least 28 consecutive days during a vacancy in the office of rector of the parish and the Regional Bishop declares in writing the office to be vacated, or

(d)      is certified by the Archbishop, during a vacancy in the office of rector of the parish, to be incapable of performing the duties of office, or

(e)      becomes a prohibited person within the meaning of the Child Protection (Prohibited Employment) Act 1998.

(2)      A vacancy in the office of a parish nominator is to be filled -

(a)      in the case of a parish with one church - at a vestry meeting, and

(b)      in the case of a parish with more than one church - in the same manner as the office vacated was filled.

(3)      If a vacancy is not filled under subclause (2) within 4 weeks after the vacancy occurred, it may be filled by the appointment of a person eligible to be elected as a parish nominator by the remaining parish nominators or nominator.

(4)      If a vacancy is not filled under subclause (2) or (3) within 8 weeks after the vacancy occurred, it may be filled by the appointment by the Archbishop of a person eligible to be elected as a parish nominator.

(5)      Part 7 of the schedule to the Synod Elections Ordinance 2000 does not apply to the filling of a vacancy in the office of a parish nominator.

38.     Parish nominators – notice to Registrar of election or appointment

(1)      Within 7 days after the election or appointment of a parish nominator, the chairman of the meeting at which the election took place or the person or persons making the appointment is to send to the Registrar a list certified by the chairman, person or persons which sets out fully the names, addresses and occupations of those elected or appointed.

(2)      The failure to send a certified list to the Registrar does not invalidate the election or appointment of a parish nominator if the Archbishop is satisfied that the person was duly elected or appointed and so certifies to the diocesan nominators.

39.     Member of Nomination Board not to act in dual capacity

(1)      If, in relation to a Nomination Board for a parish, a person would, but for the operation of this clause, be a member of the Board in the capacity of a diocesan nominator (or an alternate for a diocesan nominator) and in the capacity of a parish nominator, the person must elect to be a member of the Board in only one of those capacities.

(2)     The election must be made and notified in writing to the Registrar before the first meeting of the Board.

(3)     If the person elects to be a member in the capacity of a diocesan nominator (or an alternate for a diocesan nominator), the person ceases to be a parish nominator in the same way as if the person had resigned the office of parish nominator.

(4)     If the person elects to be a member in the capacity of a parish nominator, the person ceases to be a diocesan nominator (or an alternate for a diocesan nominator) as if the person had resigned the office of diocesan nominator (or alternate).

(5)     If a person who is required to make an election under this clause fails to make the election, the person is to be taken to have ceased to be a parish nominator in the same way as if the person had resigned the office of parish nominator.

(6)      Despite the other provisions of this Ordinance, the first meeting of the Board must be postponed until the vacancy in the membership of the Board caused pursuant to this clause is filled.

40.     Alternate members

(1)     If a member of clergy elected by Synod to be a member of the Nomination Board notifies the Registrar in writing that he is unable, for a period of not less than one month, to attend a meeting of the Board, the member of clergy elected by Synod to be an alternate member is to act in his place for all subsequent meetings of the Nomination Board for the parish concerned.

(2)      If a lay person elected by Synod to be a member of the Nomination Board notifies the Registrar in writing that he or she is unable, for a period of not less than one month, to attend a meeting of the Board, the lay person elected by Synod to be an alternate member is to act in his or her place for all subsequent meetings of the Nomination Board for the parish concerned.

(3)      If both the members of clergy or both the lay persons elected to be members of the Nomination Board notify the Registrar under subclause (1) or (2), the alternate member is to act in the place of the person whose notification was first received by the Registrar.

(4)      If a vacancy arises in the office of a member of clergy elected by the Synod to be a member of the Nomination Board, the member of clergy elected by Synod to be an alternate member is to act in that office for all subsequent meetings of the Nomination Board in respect of a vacancy in the office of rector of a parish occurring before the vacancy on the Board is filled.

(5)      If a vacancy arises in the office of a lay person elected by the Synod to be a member of the Nomination Board, the lay person elected by Synod to be an alternate member is to act in that office for all subsequent meetings of the Nomination Board in respect of a vacancy in the office of rector of a parish occurring before the vacancy on the Board is filled.

(6)      A lay alternate is not to act in the place of a member of clergy and a clerical alternate is not to act in the place of a lay person.

Part 7:  Miscellaneous

41.     Guidelines and copies  of Ordinance

(1)     The Registrar is to prepare suitable guidelines about the nomination process under this Ordinance for parish nominators.

(2)     The Registrar is to provide a copy of the guidelines and a copy of this Ordinance to each parish nominator when advising that a vacancy has occurred.

42.     Dispute as to principal church

If a question or dispute arises as to which church is the principal church in a parish, the question or dispute is to be determined by the Archbishop.

43.     Delegation

The Registrar may delegate any or all of his functions under this Ordinance to a Deputy Registrar.

44.     Commencement

This Ordinance commences on the date assent is given to the Nomination (Transitional Provisions) Ordinance 2006.

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Notes

For the purposes of clause 44, assent was given to the Nomination (Transitional Provisions) Ordinance 2006 on 30 October 2006.

 

Table of Amendments

Clause 2	Amended by Ordinance No 1, 2009.
Clause 5	Amended by Ordinance No 22, 2011.
Clause 8	Substituted by Ordinance No 1, 2009.
Clause 10	Amended by Ordinance No 7, 2010.
Clause 18	Substituted by Ordinance No 1, 2009.
Clause 21	Amended by Ordinance No 7, 2010.
Clause 23	Amended by Ordinance No 7, 2010.

STEVE LUCAS                                                                   ROBERT WICKS
Manager, Legal Services                                              Diocesan Secretary

29 August 2011