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AUXILIARY BISHOPS (ARRANGEMENTS) ACT 2004 (WANGARATTA DIOCESE)

Title



Interpretation





















The effect of certain law in the Diocese

















The Auxiliary Bishop




Appointment to Parishes

ACT NO. 3, 2004

AN ACT

TO PROVIDE FOR AN AUXILIARY BISHOP
IN RELATION TO THE ORDINATION OF
WOMEN TO THE PRIESTHOOD

WHEREAS the Synod heeds the call of the 1998 Lambeth Conference “to affirm that those who dissent from, as well as those who assent to, the ordination of women to the priesthood and episcopate are both loyal Anglicans.” (Lambeth Conference 1998, Resolution III.2)

AND WHEREAS the Synod of the Diocese of Wangaratta acknowledges that not all clergy and laity of the diocese are able in good conscience to accept the ordination of women to the priesthood

AND WHEREAS the Synod desires to make provision for the episcopal care of clergy and laity in favour of the ordination of women to the priesthood so that they may play an active role in the life of the Diocese of Wangaratta

AND WHEREAS the Appellate Tribunal by its opinion of August 1985 answered affirmatively the question put to it by the Primate of the Anglican Church of Australia the Most Reverend Sir John Grindrod, namely:

“8(1) Does the authority of the bishop of a diocese of this Church extend to authorising a woman who has been

(a)	ordained to the office of
(1)	deacon, or
(2)	priest

or

(b)	consecrated as a bishop

according to the law of a Church which is in communion with this Church, to minister in his diocese in the office of deacon, priest or bishop as the case may be?”

BE IT THEREFORE ENACTED by the Bishop, the clergy, and the laity of the Anglican Church of Australia within the Diocese of Wangaratta in Victoria duly met in Synod according to law as follows:

1.	This Act may be cited as the “Auxiliary Bishop (Arrangements) Act 2004”

PART I

2.	In this Act –

“the Bishop” means the Bishop of the Diocese of Wangaratta; and

Ministration in the Diocese by a priest who is a women






Appointment of an auxiliary bishop












Appointment to Parish of a priest who is woman

“the auxiliary bishop” means another bishop appointed by the Bishop for the purposes of this Act and the provisions of The Assistant Bishops’ Canon,1966 of General Synod shall not apply to the auxiliary bishop; and

“this Diocese” means the Diocese of Wangaratta; and

“Clarification Canon” means the Law of the Church of England Clarification Canon 1992 of General Synod.

“the Synod” means the Synod of the Diocese of Wangaratta

PART II

3.	The Synod affirms the authority of the Bishop to authorise a woman who has been ordained to the office priest according to the law of a diocese of the Anglican Church of Australia or of a Church in communion with the Anglican Church of Australia to minister as a priest in this Diocese.

4.

Whenever the Bishop licenses a priest who is a woman to minister as a priest in this Diocese there shall be an auxiliary bishop for this Diocese appointed by the Bishop with the approval of the Council of the Diocese, and being a person who is prepared to offer episcopal care to priests who are women.

5.	The auxiliary bishop may also serve as a parish priest within this Diocese or may be another bishop within the Anglican Church of Australia.

6(1) The Bishop shall not appoint a priest who is a woman as incumbent or priest in charge of a parish other than a parish referred to in sub-section (2) hereof, and not if the parish council of such parish by resolution requests in writing that the appointment of a priest who is a woman not be made.

6(2) The Bishop shall not appoint a priest who is a woman as incumbent or priest in charge of any parish other than those groups of parishes set out hereunder and then only provided that a priest who is a man is licensed to a parish in that same group of parishes, such groups of parishes to be:

(a) Albury, Northern Albury and Wodonga;

(b) Wangaratta and Wangaratta West & the Warbys

(c) Shepparton

Attendance by auxiliary bishop at meeting of Board of Nominators

Effect of adoption of Clarification Canon

Appointment of auxiliary bishop







Episcopal care offered by auxiliary bishop













Exercise of functions of auxiliary bishop

Report to Synod

The auxiliary bishop shall have the right to attend and to speak at meetings of the Board of Nominators when dealing with appointments to parishes in sub-section (2) above, but shall not be eligible to vote.

PART III

8.	If the Synod adopts by legislation the Clarification Canon then the provisions of this Part shall apply and the provisions of Part II shall no longer apply to this Diocese.

9.	There shall be an auxiliary bishop for this Diocese appointed by the Bishop with the approval of the Council of the Diocese, and being a person who has not ordained and will not ordain women to the priesthood.

10.	The auxiliary bishop may also serve as a parish priest within this Diocese or may be another bishop within the Anglican Church of Australia.

11.	Under the jurisdiction of the Bishop the auxiliary bishop shall offer episcopal care including

(a) ordination

(b) the institution of clergy to parishes

(c) confirmation

(d) pastoral visitation

to clergy and laity who in conscience are unable to accept the ordination of women.

12.	Subject to the operation of section 11 of this Act:

(a) Ordination by the auxiliary bishop shall be at the request of the man who is to be ordained.

(b) Institution by the auxiliary bishop shall be at the request of the priest to be instituted.

(c) Confirmation by the auxiliary bishop shall be at the request of the incumbent of the parish.

(d) Pastoral visitation by the auxiliary bishop shall be at the request of the incumbent and the parish council.

Request of the Parish not to appoint a priest who is a woman


Attendance of –
Sec 7

No discrimination or prejudice

Auxiliary Bishop to report to Synod

The Bishop and the auxiliary bishop shall together make provision for the organization of or celebration of diocesan functions or services which may include the provision of additional or alternative diocesan functions or services so as to ensure that no member of the clergy shall be required to participate in any such diocesan function or service in a manner which would be contrary to his or her conscience.

13. The Bishop shall not appoint a priest who is a woman as incumbent or priest in charge of a parish if the parish council of such parish by resolution requests in writing that the appointment of a priest who is a woman not be made.

14.The auxiliary bishop shall have the right to attend and to speak at meetings of the Board of Nominators but shall not be eligible to vote.

15. Nothing in this Act shall restrict the right of the Bishop to preach the Word of God or read the Common Prayers in any Church within the Diocese, or the rights of the Bishop as specified in The Cathedral Act 1972-2003.

PART IV

16.	With the exception of the provisions of this Act, no member of the clergy or lay member of this Church shall suffer any discrimination or prejudice because he or she accepts priests who are women, or does not so accept them.

17.	The auxiliary bishop shall report to each session of Synod on the exercise of his functions under this Act.

Passed : 26^th November 2004
Assented to : 26^th November 2004