Victorian Consolidated Legislation

Lutheran Church of Australia Victorian District Incorporation Act 1971 - FIRST SCHEDULE

CONSTITUTION OF THE LUTHERAN CHURCH OF AUSTRALIA VICTORIAN DISTRICT
Interpretation In this Constitution and the By-laws made thereunder unless the
context or subject-matter otherwise requires-

"Church worker" means any person within the District whose name is listed on
the Register of Church Workers provided for in the By-laws of the Church;

"congregation" means a group of persons within the assigned area of
the District adhering to the Lutheran Faith who regularly meet for the
administration of the Means of Grace and who have constituted themselves as an
organized body by the adoption of a constitution;

"layman" means any member of a congregation of the District other than a
pastor;

"pastor" or "member of the Ministry" means any person ordained to the Holy
Ministry according to the rites and practice of the Evangelical Lutheran
Church who is a member of the Ministry according to Article V, Clause 1;

"teacher" means any pastor or layman called or appointed by the District or
any of its congregations to serve on the teaching staff of a school or
educational institution established and maintained by the District or
congregation. Words importing the singular number shall be deemed to include
the plural unless the context or subject-matter otherwise requires. I. Name
The name of the District is: LUTHERAN CHURCH OF AUSTRALIA VICTORIAN DISTRICT,
hereinafter called "the District". II. Confession
The District accepts the Confession of the Lutheran Church of Australia,
(hereinafter called "the Church") viz.- (a) it accepts without reservation the
Holy Scriptures of the Old and New Testaments, as a whole and in all their
parts, as the divinely inspired, written, and inerrant Word of God, and as the
only infallible source and norm for all matters of faith, doctrine, and life;
(b) it acknowledges and accepts as true expositions of the Word of God and as
its own confession all the Symbolical Books of the Evangelical Lutheran Church
contained in the Book of Concord of 1580, namely, the three Ecumenical Creeds:
being the Apostles' Creed, the Nicene Creed, and the Athanasian Creed; the
Unaltered Augsburg Confession; the Apology of the Augsburg Confession; the
Smalcald Articles; the Small Catechism of Luther; the Large Catechism of
Luther; and the Formula of Concord. III. Objects The District accepts the
Objects of the Lutheran Church of Australia, and shall promote them within its
assigned area. These objects are- (a) to fulfil the mission of the Christian
Church in the world by proclaiming the Word of God and administering the
Sacraments in accordance with the Confession of the Church laid down in
Article II; (b) to unite in one body Evangelical Lutheran congregations in
Australia and New Zealand for the more effective work of the Church; (c) to
promote and maintain true Christian unity in the bond of peace; (d) to ensure
that preaching, teaching, and practice in the Church are in conformity with
the Confession of the Church; (e) to provide pastors and teachers and other
Church workers for service in the Church and its congregations, and for this
purpose to establish and maintain institutions for their training; (f) to
establish, develop and support missions at home and abroad; (g) to establish
and maintain schools and other institutions and to foster all other means
whereby the members of the congregations receive Christian education; (h) to
cultivate uniformity in worship, ecclesiastical practice and customs in accord
with the principles laid down in the Formula of Concord, Article X; (i) to
publish, procure, and distribute literature compatible with the Confession and
principles of the Church; (j) to provide institutions and agencies to minister
to human need in the name of Christ Jesus our Lord; (k) to take such action as
is necessary for the protection of the congregations, pastors, teachers, and
other Church workers in the performance of their duties and the maintenance of
their rights. IV. Membership 1. The membership of the District shall consist
of congregations within its assigned area which- (a) accept and hold the
Confession of the Lutheran Church of Australia; (b) accept the Constitution
and By-laws of the Lutheran Church of Australia and the District; (c) submit a
Constitution acceptable to the Lutheran Church of Australia and the District;
(d) undertake to participate in the work of the Lutheran Church of Australia
and the District, and to promote their Objects. Such member congregations
shall be recorded in the official Roll of Congregations of the District. 2. At
its inception the District shall consist of the congregations which are
members of the Lutheran Church of Australia in the area of the District. 3.
Membership of Lutheran Church of Australia may be terminated by action of the
congregation or by action of the Church, as prescribed by the By-laws of the
Lutheran Church of Australia. 4. A congregation which terminates its
membership, or whose membership is terminated by action of the Church, shall
have no claim upon the Church or District or the property or funds of
the Church and of the District; but nothing herein contained prevents
the Church from giving effect to any decision, award or recommendation made by
any Church tribunal in accordance with the By-laws in consequence of any such
termination of membership. V. The Ministry 1. The District recognizes and
upholds the Office of the Ministry as the office divinely instituted for the
public administration of the Means of Grace. The members of the Ministry are
the pastors of the Lutheran Church of Australia, including the pastors
emeriti, resident within the District, whose names are recorded on the Roll of
Pastors of the District.

2. A conference of the members of the Ministry, called the Pastors'
Conference, shall be held in conjunction with the regular convention of
the Synod of the District, and at such other times as may be determined by
the Synod or the Church Council. VI. Authority and powers 1. The District
consists of congregations voluntarily joined together to establish a wider
fellowship in the faith and to promote and do work which congregations could
not undertake and do effectively alone and therefore has power and authority
to carry out its Objects as set forth in this Constitution, and to perform
such other acts as may be incidental thereto. 2. The District, in accordance
with the provisions of the Constitution and By-laws of the Lutheran Church of
Australia and this Constitution, shall have authority and power to make rules
and regulations for the administration of its affairs. 3. The District shall
have power to delegate the exercise of its authority to such persons and in
such manner as it may deem advisable. 4. The District shall have power to
acquire, accept, hold, dispose of, lease, let, mortgage or otherwise deal with
real and personal property and any estate or interest in real and personal
property as it may deem necessary for the effective promotion of any or all
its activities. 5. The District shall have power to do all such things as
the District may think incidental or conducive to the attainment of the
Objects of the District or any of them. 6. The jurisdiction of the District
over the congregation shall, subject to this Constitution and the By-laws,
include the following rights- (a) to ensure faithful adherence to the
Confession of the Church; (b) to apply discipline when departure from the
doctrine of the Church is evident; (c) to enlist wholehearted co-operation in
the programme approved by the Church or the District in the fulfilment of its
Objects; (d) to take action when persistent disregard of the resolutions of
the Church or the District is evident- but it shall not include power over the
purely internal administration of a congregation, or power over the property
of a congregation, except to the extent that the District has granted or lent
money to such congregation or otherwise holds any interest in the property of
such congregation. VII. The Synod 1. The power of the District shall be
exercised through the Synod, which shall be the highest constitutional
authority of the District, with power to direct and control those to whom it
has entrusted tasks or has delegated authority. 2. The Synod shall consist of
the following- (a) the lay representatives of the congregations who are
elected by their respective congregations according to the representation
prescribed by the By-laws; (b) the members of the Ministry of the District;
(c) the members of the Church Council-
who shall comprise the voting members known as "district synodsmen". 3. (a)
The lay representatives of the congregations shall serve from the commencement
of the regular convention of the Synod to the commencement of the regular
convention of the next Synod, and shall be eligible for re-election or
re-appointment; (b) the members of the Ministry shall serve for such time as
their names are recorded on the Roll of Pastors of the District; (c) the
members of Church Council shall serve from the conclusion of the regular
convention of the Synod at which they were elected to the conclusion of the
regular convention of the next Synod, and shall be eligible for re-election or
re-appointment, subject to the limitations hereinafter contained. 4. Casual
vacancies may be filled by the body having the right of election or
appointment to the position in respect of which the vacancy arises. The person
elected or appointed to fill a vacancy shall hold office for the balance of
the term of the member whose place he fills. 5. Such other persons as may be
prescribed by the By-laws shall be entitled to attend meetings of the Synod as
consultants without any right to vote.

6. In the absence of a District synodsman at a convention of the Synod the
right to vote may be accorded to an alternate appointed in a manner laid down
in the By-laws to exercise that right. 7. The length of the synodical term
shall be one year or such other period as may from time to time be prescribed
by the By-laws. 8. The Synod shall convene and be constituted at the beginning
of the synodical term in regular convention at a time and place determined by
the Church Council. Notice of such regular convention shall be given to the
members of the District by the Secretary as laid down in the By-laws. 9. A
special convention of the Synod- (a) may be convened by the President with the
consent of the Church Council; (b) shall be convened by the President at the
request of the Church Council; Notice of a special convention stating its
purpose shall be given to the members of the Synod by the Secretary as laid
down in the By-laws. 10. When the Synod is not in session, matters of urgency
may be referred by the Church Council to the voting members of the Synod for
determination in the manner prescribed by the By-laws. 11. Subject to this
Constitution and the By-laws, the Synod may determine its own procedure. 12.
The Synod may delegate all or any of its powers, authorities, and duties to
such persons or bodies and in such manner as it may see fit. VIII. Officers
and Administration 1. The officials of the District shall be a President, one
or more Vice-Presidents, a Secretary, and a Treasurer. They shall be elected
for a term of office determined by the District. The President and
Vice-Presidents shall be pastors of the Church in the District. 2.
The District shall have a Church Council, which shall consist of the
President, Vice-President or Vice-Presidents, Secretary and as many other
members as it may determine in the By-laws. The Church Council shall have
authority between the Synods to make decisions within the limits prescribed in
the By-laws. 3. The District shall have a Finance Council, which shall consist
of the Treasurer, and as many other members, including at least one pastor, as
the District may determine in its By-laws. 4. The District shall appoint as
many Standing Committees as it may deem necessary for the carrying out of its
Objects. The rights and duties of such Standing Committees shall be as defined
in the By-laws. 5. The District may establish as many full-time executive
offices for committees of the District as it may deem necessary. The manner of
their establishment and of appointment of personnel to such offices and the
duties of such personnel shall be as prescribed by the By-laws. 6.
The District shall appoint such commissions, tribunals and other bodies and
officers as it may deem necessary, and shall prescribe their duties. 7. All
Officials, Boards, Standing Committees, and appointees of the District shall
have such rights only as have been expressly conferred upon them by
the District, or by this Constitution or the By-laws, and in everything
pertaining to their rights and the performance of their duties they are
responsible to the Synod, and between conventions of the Synod to the Church
Council. 8. Auxiliaries approved by the Church may establish a branch in
the District. Any constitution of a District Auxiliary and any amendments
thereto shall be subject to the approval of the Synod or Church Council of
the District. IX. Zones 1. The District shall be divided into Zones, whose
territorial boundaries shall be fixed by the District and may be altered by
it. 2. The Church Council shall appoint a pastor as the Zone Counsellor from
nominations made by the pastors of the Zone.
3. A meeting of the congregations and the pastors in each Zone, called the
"Zone Conference", shall be held at least annually under the chairmanship of
the Zone Counsellor. X. Discipline, Adjudication, and Appeals 1.
Ecclesiastical discipline shall be exercised in the District- (a) by a
congregation against any one of its members who evidently departs from the
Confession of the Church, or who manifestly leads an ungodly life; (b) by
those to whom such authority is given in the By-laws of the Church against a
pastor, teacher, or officer of the Church if such pastor, teacher, or officer-

   (i)  departs from the Confession of the Church; or

   (ii) is manifestly guilty of ungodly actions or life; or (iii) is guilty of
        evident neglect of duty; (c) by those whom such authority is given by
        the Church against a congregation-

   (i)  if it departs from the Confession of the Church; or

   (ii) if it refuses to exercise discipline against its members, pastor, or
        teacher; or (iii) if it persistently disregards the Constitution,
        rules, and resolutions of the Church. The manner in which such
        ecclesiastical discipline shall be instituted, the action to be taken,
        and the rights of appeal, shall be governed by the Word of God and
        Christian principles, and shall be as laid down in the By-laws and the
        rules adopted by the Church. 2. The District shall have the authority
        within its area to adjudicate upon matters- (a) which pertain to the
        interpretation of its Constitution, rules or regulations; (b) which
        are in dispute between congregations of the Church and the District or
        the Church, or between congregations, or between pastors, or between
        pastors and congregations, or between servants of the District and
        standing committees; (c) which are submitted to the District and
        accepted by it for adjudication. 3. The Church and the District
        together shall establish a judicial procedure to deal with discipline
        and adjudication and any appeals in relation thereto which may be
        made. The rules governing such judicial procedure shall be laid down
        in the By-laws of the Church and in the rules of the Commission on
        Adjudication and Appeals of the Church. XI. By-laws 1. The District
        through its Synod may petition the Church to amend, alter, add to, or
        repeal any of the By-laws of the District.

2. The District shall have the power at a convention of the Synod to make
By-laws not inconsistent with the Constitution and By-laws of the Lutheran
Church of Australia, and not inconsistent with these or any amended rules for
the regulation of its proceedings and the management of its business and
affairs, and for giving effect to the rules, and it may repeal or alter such
By-laws from time to time. 3. Where a convention determines, without prior
notice on the agenda of a proposal to adopt, repeal, alter, or add to a By-law
to deal with any such matters, the President may in his absolute discretion
defer, consideration thereof and voting thereon until the next day. XII.
Alterations to the Constitution 1. The District, through its Synod, in
accordance with the procedure laid down in the By-laws of the Lutheran Church
of Australia may petition the Lutheran Church of Australia to amend, alter,
add to, or repeal any of the rules, except Article II and Article XII, Clause
1, which shall be considered fundamental and unalterable in their intent and
meaning. 2. Notice of any proposed amendment, alteration, addition or repeal
shall be given on the agenda of the convention, and any such petition shall
require a two-thirds majority of the total number eligible to vote according
to Article VII, Clause 2. __________________