1. ROLL OF THE ASSEMBLY (Business Committee) That the Assembly adopts the roll of members, subject to any alterations advised to the General Secretary no later than 6.00pm on Tuesday 14 July 2015. 2. ELECTION OF PRESIDENT (Business Committee) That the Assembly elect Stuart John McMillan as President of the Assembly, to hold office until the installation of his successor at the next ordinary meeting of the Assembly. 3. APPOINTMENT OF THE BUSINESS COMMITTEE (Business Committee) That the Assembly appoint the following persons as members of the Business Committee for the Fourteenth Assembly: Terence Corkin (Chairperson), Geoffrey Grinton (Business Manager), Stuart McMillan, Alison Atkinson - Phillips, Glenda Blakefield, Chris Budden, Michelle Cooke, Dennis Corowa, Haloti Kailahi Rosemary Hudson Miller and Deidre Palmer. 4. APPOINTMENT OF MINUTE SECRETARIES (Business Committee) That the Assembly appoint the following persons as Minute Secretaries: Jenny Bertalan, NNN, NNN (other names to come). 5. ORDER OF BUSINESS (Business Committee) That the Assembly approve the order of business and the timetable submitted by the Business Committee, noting that decisions to vary the order of business and timetable can be taken by the Assembly at any time. 6. CONFIRMATION OF THE MINUTES (Business Committee) The Assembly authorise the following persons to confirm the minutes of the Fourteenth Assembly: Terence Corkin, Stuart McMillan, Geoffrey Grinton, Rosemary Hudson Miller and Jenny Bertalan. 7. BALLOTS AND NOMINATING PROCEDURES (Business Committee) That the Assembly 1. 2. 3. 4. 5. 8. appoint Warwick van Ede as Returning Officer and NNN (other name to come) as Assistant Returning Officer; appoint a Ballot Committee with responsibility for advising the Assembly on any questions relating to nominations and elections; appoint the following persons as members of the Ballot Committee: Warwick van Ede (Convenor), NNN, NNN, NNN (other names to come) and; appoint the following persons as scrutineers: (names to come); determine that the closing time for nominations is 6.00pm Tuesday July 14. ASSOCIATION OF PERSONS WITH THE ASSEMBLY (Business Committee) That the Assembly associate the following persons with the Assembly for the business as listed, with the right to speak but not to vote: 1. ecumenical guests (a) from other Australian churches and the National Council of Churches in Australia for the whole Assembly: (names will be provided in a later document); and (b) from overseas churches and from international ecumenical bodies for the whole of the Assembly: (names will be provided in a later document) _________________________________________________________________________________________ Proposals to the Fourteenth Assembly – The Uniting Church in Australia C-1 2. (a) persons who will assist in resourcing the Assembly: for the whole of the Assembly: Mr Jim Mein for Frontier Services Mrs Lin Hatfield Dodds for UnitingCare Australia Rev Elenie Poulos for UnitingJustice Australia Mr Rob Floyd for UnitingWorld (b) for specific business of the Assembly: Mr Peter Andrews and Mr Mark Neasey for Assembly Audit, Finance and Risk Committee Mr Jim Mein for the Beneficiary Fund Rev Murray Earl for Defence Force Chaplaincy Mr Grahame Ryan for Frontier Services Christine Gordon for Historical Reference Committee Rev Dr Matthew Wilson for Relations with Other Faiths Mr Robert Watson for UC Adult Fellowship Rev Dr Chris Mostert for the Anglican – Uniting Church dialogue Rev Levon Kardashian for the proposal on the Armenian Genocide 9. ANGLICAN - UNITING CHURCH DIALOGUE: WEAVING A NEW CLOTH (Standing Committee) That the Assembly adopt the document Weaving a New Cloth as the basis for ecumenical co-operation with the Anglican Church of Australia. Rationale: The Anglican – Uniting Church dialogue has been in operation for over 20 years. During that time various documents have been produced which sought to identify the areas where there is agreement between the churches, where further conversation is needed and what practical co-operation might be possible. The last occasion on which the Assembly had a document from the Dialogue before it was in 2006 when it endorsed “For the Sake of the Gospel”. At that time the Anglican Church‟s General Synod did not approve it. Not since 1986 has a proposed agreement between the two churches been signed. In subsequent years the Dialogue has sought to find new opportunities for increased agreement and collaboration between the churches. The last Dialogue group considered that the most helpful thing to do at this time is to focus on local ecumenical cooperation, identifying where there is opportunity for hospitality, shared witness and shared ministry and mission. These areas have been documented in “Weaving a New Cloth” (Document C1A in the Assembly papers). The aim of the proposed agreement is to provide encouragement and guidance to Anglican Dioceses, Uniting Church Presbyteries and their Congregations on the ways in which, with their churches' agreement, they have the freedom to work together. The Anglican General Synod has adopted “Weaving a New Cloth” as the basis for cooperation with the Uniting Church in Australia. The Assembly Standing Committee th strongly commends it to the 14 Assembly for adoption. 10. THRESHOLD FOR ASSEMBLY AND STANDING COMMITTEE STAFF APPOINTMENTS (Standing Committee) That the Assembly 1. determine that at least two thirds of the members present and voting must support the appointment or re-appointment of the General Secretary in order for such a proposal to pass; and _________________________________________________________________________________________ C-2 Proposals to the Fourteenth Assembly – The Uniting Church in Australia 2. determine that for appointments made by the Standing Committee that at least two thirds of the members present and voting must support the appointment or re-appointment of the person in order for such a proposal to pass. Rationale: Persons entering into ministry positions benefit from being confident that they have the support of a significant majority of the persons in their appointing body. Being appointed on a 50% plus one does not give this assurance and support to appointees. While ballots are not a consensus process it nevertheless remains the theological orientation of the church that the higher the levels of consensus the more confidence a community can have that it is discerned the will of God. A higher threshold in voting for senior positions in the Assembly accords with this theological orientation. The practice of setting a threshold for appointment higher than 50% plus one has been put in place in a number of Synods. The Standing Committee commends adopting a policy in this area rather than having to address the issue every time that a position comes up for appointment. 11. STAFF OF THE ASSEMBLY ON THE STANDING COMMITTEE (Standing Committee) That the Assembly 1. determine that any person who is Staff of the Assembly or of any of its agencies is ineligible for election to the Standing Committee. If a member of the Standing Committee accepts appointment as Staff of the Assembly or of any of its agencies then that member shall no longer be a member of the Standing Committee; and 2. that staff means a person who has a direct reporting line or accountability to the General Secretary or Associate General Secretary, or who is a member of the team or support staff who has a direct reporting line to that person; Rationale: As it has undertaken a process of continuous improvement in the area of governance the Standing Committee has given particular attention to the area of conflict of interest and how to handle it. The Standing Committee has come to the view that the best and most appropriate way to handle the conflicts of interest that arise when a staff member is on the Assembly Standing Committee is for the person to cease to be a member. While some conflicts of interest can be managed by a person being excluded from the meeting during certain items of business the view of the Standing Committee is that in this situation conflicts are so pervasive that this is not an option. Areas where conflict of interest is obvious include, but are not limited to, participating in the review and appointment of other staff, involvement in setting strategy and priorities including budget decisions, exercising a governance role in relation to one‟s own area of work and the work of colleagues, and the ways in which the person‟s colleagues may be affected in their relationship with the staff person when that person has a place of influence and possibly privilege that they do not have. 12. RETIRING PRESIDENT (Standing Committee) That the Assembly 1. receive the report of the retiring President, Andrew Dutney; and 2. record its thanks to God and its deep appreciation for the service of Andrew Dutney as the thirteenth President of the Assembly of the Uniting Church in Australia in this resolution: (will be provided later) _________________________________________________________________________________________ Proposals to the Fourteenth Assembly – The Uniting Church in Australia C-3 13. APPOINTMENT OF THE GENERAL SECRETARY (Standing Committee) That the Assembly appoint Colleen Geyer as the General Secretary of the Assembly for a period of six years from 1 January 2016. 14. MINUTE OF APPRECIATION FOR THE RETIRING GENERAL SECRETARY (Standing Committee) That the Assembly record its thanks to God and its deep appreciation for the service of Terence Corkin as the fourth General Secretary of the Assembly of the Uniting Church in Australia in this resolution: 15. ROYAL COMMISSION INTO INSTITUTIONAL RESPONSES TO CHILD SEXUAL ABUSE – REGULATION CHANGES (Standing Committee) That the Assembly authorise the Standing Committee, on the advice of the Legal Reference Committee, to make changes to the Regulations to any extent necessary to implement policies and practices deemed necessary in response to any recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse. Rationale: The Royal Commission into Institutional Responses to Child Sexual Abuse (the Commission) began its work in early 2013, and is scheduled to continue until December 2017. Since the establishment of the Commission the Uniting Church – as a major provider of care for children in institutions (past and present) and through its congregational life - has sought to constructively respond to and engage with the Commission. This has included participation in Public Hearings, making written submissions to Issues Papers and responding to major reports from the Commission. Part of the Commission‟s mandate is to consider and recommend “what institutions and governments should do better to protect children against child sexual abuse and related matters in institutional contexts in the future”. Another part of the mandate is to consider and recommend “what institutions and governments should do to address, or to alleviate the impact of, past and future child sexual abuse and related matters in institutional contexts, including, in particular, in ensuring justice for victims through the provision of redress by institutions, processes for referral for investigation and prosecution and support services.” Two issues on which to date the Commission has shown considerable interest are: The governance structures of institutions which provide services to children, and Schemes of redress available to survivors of child sexual abuse. Without wanting to pre-empt any recommendations of the Commission the Assembly should note that it is likely that these two issues will be among those addressed in reports and recommendations of the Commission. These issues are related in that if a survivor seeking redress initiates civil litigation the action needs to be against an institution that is capable of being sued. A possible outcome of the Commission‟s work is that some form of Incorporation will be required for institutions which provide child care. This may extend beyond institutions such as UCA Schools and UnitingCare agencies to include even congregations. The Commission has also spoken positively about the establishment of a national complaints register by the Anglican Church. The Standing Committee has done work on developing a _________________________________________________________________________________________ C-4 Proposals to the Fourteenth Assembly – The Uniting Church in Australia national complaints register for the Uniting Church in consultation with Synods and other bodies. It is clear that the Commission is uneasy where there is limited or no capacity in an organisation to require that the whole organisation abide by what it considers to be best practice. The only mechanism available to the Uniting Church when it wants to create conformity across the church is through the creation of a Regulation. It may be that in response to the work of the Commission that the Standing Committee identifies that participation of all Councils of the church in a national complaints register should be mandatory. The authority from the Assembly to create a new Regulation will enable a constructive response to this part of the work of the Commission. The Standing Committee is only able to amend Regulations when it has a remit from the triennial Assembly to do so. At this point in time it is not clear where new Regulations will be required if the Uniting Church is to respond positively to the work of the Commission. However the Uniting Church needs to stand ready to respond to steps which the Commission may recommend and / or which government/s may impose, and not need to wait until the next Assembly to be in a position to respond. 16. THEOLOGY OF MARRIAGE DISCUSSION (Standing Committee) That the Assembly 17. 1. receive the report on „The theology of marriage and same gender relationships within the Uniting Church'; 2. affirm that Ministers continue to be free to accept or refuse requests to celebrate marriages within the constraints of the Marriage Act 1961 (CTH); 3. request the Standing Committee to explore how the UAICC and CALD communities can engage in further discussions about marriage and same-gender issues in culturally appropriate ways; and 4. request the Standing Committee to: (a) establish a Task Group to investigate the implications of changing the Church‟s current relationship with the Commonwealth Government with respect to the conduct of marriages; (b) set appropriate Terms of Reference for this work, allowing for an exploration of the possibilities that this work may be undertaken in consultation with our ecumenical partners; and (c) report, with appropriate recommendations, to the Fifteenth Assembly. ELDERSHIP IN THE UNITING CHURCH (Standing Committee) That the Assembly 1. receive the report of the Task Group on Eldership; 2. amend Clause 19 of the Constitution to say: ELDERS 19. Unless the Presbytery shall authorise otherwise: (b) 3. the Elders shall be are members of the Church Council and shall comprise at least one half of its membership. authorise the Standing Committee, on advice from the Legal Reference Committee, to amend: (a) Regulation 3.1.2 (b) so that it reads: _________________________________________________________________________________________ Proposals to the Fourteenth Assembly – The Uniting Church in Australia C-5 (b) RESPONSIBILITIES OF THE CHURCH COUNCIL (See Para 24, Constitution) 3.1.2 (b) The responsibilities of the Church Council include: (i) sharing with the Minister(s) in mission and in the pastoral care and spiritual oversight of the Congregation sharing with the Minister(s) in the oversight of the congregation; (vii) ensuring the proper management of managing the financial affairs and the general administration of the Congregation including the reception, preparation and presentation of all necessary budgets, statements and reports; (viii) ensuring the arranging for audit, presentation and examination of the accounts of all the funds of the Congregation; (See Reg. 3.8.7) (ix) ensuring the proper management and control of managing and controlling property in accordance with the Regulations; (See Reg. 4.4.1) (x) ensuring the preparation and presentation preparing and presenting to a meeting of the Congregation an annual report concerning the life and work of the Congregation including its worship, mission and service, and making recommendations with regard to the program for the ensuing year; (xi) exercising oversight of the appointment of officers, and leaders and committees and task groups of Congregational organisations; Regulation 3.3.1 so that it reads: MEMBERSHIP OF THE CHURCH COUNCIL 3.3.1 (a) The membership of the Church Council shall consist of: (add a new clause (v) and renumber the successive clauses) (v) (c) 4. Ministers, being members of the Congregation, who are an Associated Minister appointed under Regulation 3.1.3 (m); (b) Unless the Presbytery authorises otherwise, Elders shall be members of the Church Council and shall comprise at least one half of the membership of the Church Council; Regulation 3.3.2 so that it reads: ELECTIONS OF ELDERS AND CHURCH COUNCILLORS 3.3.2 (a) In electing Elders and Church Councillors, the Congregation shall recognise and appoint confirmed members or members-inassociation who are endowed with gifts fitting them for the responsibilities of the office. (d) The maximum number of Elders and other Church Councillors to be elected, in addition to any Elders holding life tenure, shall be determined by the Congregation from time to time after advice from the Church Council. (e) Elders and other Church Councillors shall be set apart by prayer in a service of worship conducted by the Minister of the Congregation, or if unavailable, by another person appointed by the Presbytery to perform this duty. (f) The term of office of an Elder and an elected Church Councillor is for such period from one to five three years as is stipulated by the nominee and for which period the person is then elected by the Congregation. At the expiry of the term the Elder or Church Councillor shall be eligible for re-election; authorise the Standing Committee, on advice from the Legal Reference Committee, to amend the Regulations to: (a) include of a definition in Section 2 of the Regulations to define the role of Elder in the Uniting Church, noting that this might include a phrase such as “Those recognised as Elders will exercise their gifts of leadership in the worship, witness and service of the Church”; _________________________________________________________________________________________ C-6 Proposals to the Fourteenth Assembly – The Uniting Church in Australia (b) (c) (d) (e) amend Regulation 3.1.2(b) by the addition of a new clause to provide for the appointment of committees and task groups with defined terms of reference; add a clause (c) to Regulation 3.3.1 to allow the Council to associate persons with particular expertise for such business as it considers appropriate; and add a provision to Regulation 3.3.2 to provide for expressions of interest as well as for nomination; provide a process, with appropriate Regulations if necessary, to ensure that at the effective date for changes to the Regulations made pursuant to this resolution, (i) (f) 18. those recognised as Elders shall continue to hold office for the term for which they were elected; and those who hold membership of a Church Council shall continue to do so until the Congregation institutes new arrangements, but for no more than twelve months from the effective date of new Regulations; and make other consequential changes which may be required for consistency with this resolution of the Assembly. MEMBERSHIP OF THE ASSEMBLY AND ASC (UAICC) That the Assembly authorise the Standing Committee, on the advice of the Legal Reference Committee, to amend 1. 2. 3. 19. Regulation 3.3.8 (a) (i) so that it reads: 3.3.8 (a) The membership of the Assembly shall consist of: (i) ex-officio members: … the National Administrator Coordinator of the Uniting Aboriginal and Islander Christian Congress. Regulation 3.7.5.1 (a) (ii) so that it reads: “the Chairperson and the National Administrator Deputy Chairperson of the Uniting Aboriginal and Islander Christian Congress”; Regulation 3.7.5.1 (j) (i) so that it reads: “Secretaries of Synods, National Coordinator of the Uniting Aboriginal and Islander Christian Congress, the Associate General Secretary and the National Director, Theology and Discipleship”. INDIGENOUS RECOGNITION IN THE AUSTRALIAN CONSTITUTION (UAICC) That the Assembly 20. 1. note the comment in the Congress report that there is a diverse set of views within Congress regarding Recognition in the Constitution; 2. continue to support Recognition as long as the form of recognition offered can be seen as a step towards and not a blockage to the larger issues of sovereignty and treaty; and 3. commit to work with Congress to educate members of the Church about the need for a treaty. DOCTRINE OF DISCOVERY (UAICC) That the Assembly _________________________________________________________________________________________ Proposals to the Fourteenth Assembly – The Uniting Church in Australia C-7 21. 22. 1. repudiate the Doctrine of Discovery, and its theological foundations as a relic of colonialism, feudalism, and religious, cultural, and racial biases that have no place in the treatment of First Peoples; and 2. affirm the WCC “Statement on the Doctrine of Discovery Impact on Indigenous Peoples”, and encourage its consideration in the church and, in particular, in theological colleges. MAPOON (UAICC) 1. request the Standing Committee to launch a new appeal for the building of a church at Mapoon; and 2. commit to work with Congress to raise the issue of compensation with the Queensland Government and the mining company for the destruction that was caused to the community. WEEK OF PRAYER AND FASTING (UAICC) That the Assembly request the Standing Committee, in partnership with Congress, to facilitate an annual week of Prayer and Fasting which may in some years involve a pilgrimage to the national capital, and which has the aim of the deepening the Covenant relationship rather than the event being an end in itself. 23. MEMORIAL FOR REV CHARLES HARRIS (UAICC) That the Assembly commit to work with Congress to establish a memorial for Rev Charles Harris at a place to be determined by Congress National Committee. 24. LIVING OUT THE COVENANT (UAICC) That the Assembly 25. 1. commit its members and programs to work with synods and other parts of the Church to continue to highlight the issues faced by First Peoples at this time, and to developing appropriate responses in partnership with Congress; 2. request the Standing Committee to continue to give attention to the way the various Councils of the Church give authority to Congress so that they can exercise real control of ministry and mission among First Peoples; and 3. support the Northern Regional Council of Congress‟ opposition to fracking on Aboriginal land, and convey this position to the Northern Land Council. COVENANTING TASK GROUP (Standing Committee) That the Assembly 1. receive the report; 2. (a) (b) (c) determine that a significant priority for its life during the next triennium is to explore with Congress what it would mean for the practices of the Church to recognise and affirm that First Peoples are sovereign Peoples; request the Standing Committee to establish a process through which this exploration can be undertaken; and encourage all Councils of the church, agencies and schools to explore with Congress what it would mean for their practices to recognise and affirm that First Peoples are sovereign Peoples. _________________________________________________________________________________________ C-8 Proposals to the Fourteenth Assembly – The Uniting Church in Australia 26. MINISTRY OF PASTOR (Standing Committee) That the Assembly authorize the Standing Committee, on advice from the Legal Reference Committee, to 1. (a) delete Regulations 2.3.3.a(ii) and 2.3.3(c) PROCESS FOR THE SELECTION OF A PASTOR 2.3.3 (a) A person may make application for the ministry of Pastor by: (ii) offering to serve the Church in an approved placement, through a written application to the Synod. (c) A Synod body designated by the Synod shall have responsibility for considering and determining applications made under Regulation 2.3.3 (a)(ii). The procedures to be followed by the Synod body shall be approved by the Synod and shall include: (i) requests for confidential testimonials from an appropriate Minister, and the Church Council of the applicant‟s Congregation; (ii) an interview with the applicant; (iii) consideration of the applicant‟s: (1) gifts and graces appropriate to the ministry of Pastor; (2) spiritual maturity and sense of call; (3) capacity for exercising this ministry and perceived potential to meet the required competencies for the ministry of Pastor; (4) personality and character; and (5) willingness to accept the doctrine, polity and discipline of the Church. and to make any other consequential amendments; and (b) 27. remove the requirement of membership for a period of 12months under Regulation 2.4.6(a) and replace it with a requirement of membership for no required period of time. PROCESS FOR RESPECTFUL CONSULTATION IN THE CHURCH (Multicultural and Cross Cultural Ministry) That the Assembly 1. support the following process for the engagement of Uniting Aboriginal and Islander Christian Congress (UAICC) and Culturally and Linguistically Diverse (CALD) communities in discussion and discernment about developing a theology of marriage in culturally appropriate ways; 2. the process include requesting the President, in consultation with the Chairperson and National Coordinator of the UAICC and the Chairperson and National Director of the Assembly Multicultural and Cross-cultural Ministry Reference Committee to: (a) identify suitably gifted persons, women and men, older and younger, and to invite them to a gathering for story-telling and story-listening about: i. What respectful processes occur and are used within their various cultures and language groups, for teaching / learning/sharing story, knowledge, new things; ii. How decisions are made that are inclusive and respectful; iii. What inclusion and working together look like – including different culture/language groups, genders, and ages; iv. Explore any connections between the shared stories and the intentions of the first nine pages of the Manual for Meetings, and how understanding those connections might better assist God‟s people to include, empower, respect their diversity in unity in Christ; _________________________________________________________________________________________ Proposals to the Fourteenth Assembly – The Uniting Church in Australia C-9 (b) (c) 28. identify a place and gathering framework with time and space appropriate to the cultural diversity of the group for such a conversation / Talanoa / ….. with the women and men, young and older, together and / or separate as is most appropriate; ensure that sufficient time is allowed in order that such a gathering has sufficient space for grace – for building the kind of safe place, genuine connections, and community envisaged in the Manual for Meetings, and is normal in how many communities exercise hospitality; th 3. request the gathering to report to the Assembly Standing Committee before the 15 Assembly, taking into account the following considerations: (a) When members of the gathering agree that there are insights they are ready and able to share, how their “report / story” might be sent to the whole Church in a format /manner that the members agree is most appropriate and helpful in telling the story: song, dance, video, variety of languages, images, art, written, etc; (b) Include possible ways in which any insights / discernments of the activity and guidance of the Spirit / Word / Interests of God might be used to assist the UCA: i. In establishing working and other groups whose membership involves people whose gifts and graces are marked by deep understanding of these insights; ii. To further develop processes that will be conspicuously marked by respectful, empowering, and inclusive decision-making. Processes and people through whom God‟s grace is clearly at work bringing into being these signs of the realities of God‟s interests (One Body, many members: living faith and life cross-culturally); iii. Explore other areas of concern noted by the Doctrine Working Group in its report to the work undertaken on a Theology of Marriage such as: the doctrines of Scripture, creation, new creation in Christ, along with Covenant theology and its expressions in communal and personal faith journeying, and to partnership as expressed through our relations with partner churches and other ecumenical bodies; and 4. authorise the President to invite all of the Councils, National Conferences and membership of the UCA to contribute gifts to provide for travel and other costs in making such a gathering possible, and to support any communities which may be offering hospitality / hosting; as an expression of inclusion and equality of opportunity, and as a way of recognising and accessing all the gifts of the whole people of God as matters of importance for the whole UCA in all its Councils, Conferences and gatherings. ARMENIAN GENOCIDE (Christian Unity Working Group) That the Assembly 1. acknowledge that the Armenian massacres and forced deportations of 1915-1923 constitute a Genocide; 2. commend the NSW and SA governments in acknowledging the Armenian Genocide and encourage the Federal and other state governments to do the same; 3. affirm the value of recognising a date on or near the anniversary of the Armenian genocide, as a day of observance and commemoration of the Armenian Genocide and request the National Consultant Christian Unity, Doctrine and Worship to prepare (a) a prayer to be provided for all congregations of the UCA for use on the day; and (b) in consultation with others, educational and liturgical resources for congregations to use. _________________________________________________________________________________________ C - 10 Proposals to the Fourteenth Assembly – The Uniting Church in Australia Rationale: The Oxford Dictionary defines genocide as “the deliberate killing of a very large number of people from a particular ethnic group or nation.” An outline of the Armenians and the Armenian genocide follows. The Legend of the origins of Armenians goes back to Noah. The Legend has it that Hayk, the ancestor of the Armenians is the son of Torgom son of Tiras son of Gomer son of Japheth son of Noah. Hayk had an argument with Belus (Bel) and migrated with his group from Babylon to the North and settled in what became Armenia. The Land they settled in included current day Armenia, Nagorno Karabakh, Nakhichevan, parts of north-western Syria, part of south-western Georgia and the eastern half of Turkey. In 301 C.E., Armenia became the first Christian nation. In 405 C.E., Mesrop Mashdots, a monk, created the Armenian alphabet and consequently the Armenian language that the church used for centuries, and still uses. The Bible was translated into this new language. The Language itself was a Christian creation stressing equality and inclusiveness. In 451, while the rest of the Christian world was at the Council of Chalcedon, the Persians demanded that Armenia become Zoroastrian, but the king refused and sent his generals to fight the invading Persians. All the soldiers were killed and the king captured, but within a few years the different freedom fighters were able to drive the Persians out and the Armenian Church was able to continue. th th th Between the 8 and 11 centuries the Seljuk Turks invaded the region, and in the late 13 th and early 14 century they created the Ottoman Empire in Anatolia, which was an Armenian region, but because of the Roman, Persian and Arab conquests, had been under the rule of different empires. It had a diversity of cultures with a majority of Armenians. The Ottoman Empire grew and invaded Europe, the Middle East and Northern Africa. Between 1894 and 1896, the Sultan ordered the killing of 200,000-300,000 Armenians, which was known as the Hamidian massacres. The Armenians, in trying to defend themselves, came together and formed a coalition of freedom fighters which was called the Armenian Revolutionary Federation (ARF). Armenians in the Ottoman Empire, similar to other ethnicities, were considered second grade citizens. They were forced to wear different colours identifying their ethnicity. They were persecuted and marginalised. They were not allowed to occupy certain positions, and were not allowed certain jobs. They were not allowed education and many had gone to Russia or Georgia for their education. In 1908 the Young Turks took over the government, and introduced reforms. These reforms gave Armenians the opportunity for education and some of the positions they were denied in the past. Those educated abroad returned and the Armenian community prospered. The Young Turks government considered this development a threat to the Empire‟s existence and on April 24, 1915, the day before the ANZACs attempted their invasion in Gallipoli, the Turkish government rounded up and arrested some 250 intellectuals and community leaders in Constantinople. The genocide was carried out during and after World War I and implemented in two phases: the wholesale killing of the able-bodied male population through massacre and subjection of army conscripts to forced labour, followed by the deportation of women, children, the elderly and infirm on death marches leading to the Syrian desert. Driven forward by military escorts, the deportees were deprived of food and water and subjected to periodic robbery, rape, and massacre. The total number of people killed as a result has been estimated at 1.5 million. A further 1 million were displaced. The deserts of Syria are filled with the bones of dead women and children. The Syrian government has given the Armenian community a piece of land in the city of Deir Ezzor, which was the final concentration place for annihilating the Armenian deportation caravans, where a memorial to the victims of the genocide is built. Although religion was used in many instances and the phrase “Allah u Akbar” was heard when killing Armenians, this was a purely political decision. The government abused the religious difference to entice Turks to kill their Armenian neighbours. Many of the Muslim Turks, however, decided to protect and help their Christian neighbours from the government _________________________________________________________________________________________ Proposals to the Fourteenth Assembly – The Uniting Church in Australia C - 11 troops who came to kill them. The governments of Great Britain, France and Russia at the time condemned the acts and considered them as crimes against humanity and civilisation. Churchill called it an unnamed crime, because the term genocide did not yet exist. Raphael Lemkin, a Polish Jewish jurist, coined the term genocide in 1943, and mentions in many of his writings that he was troubled by the Armenian mass murders as a young boy which made him work tirelessly to coin the term genocide and make sure the United Nations adopted the Convention on the Prevention and Punishment of the Crime of Genocide on December 9, 1948. Since then, Armenians have been working to encourage organisations and governments to acknowledge the Armenian Genocide. The Armenian Genocide is accepted by the following: • • • • • • • • • • World Council of Churches: www.oikoumene.org/en/resources/documents/assembly/2013-busan/adopteddocuments-statements/minute-on-100th-anniversary-of-the-armenian-genocide Presbyterian Church (USA): On June 20, 2014, the Presbyterian Church (USA) adopted a resolution recognizing the Armenian Genocide and designated April 26, 2015 as the th day for its 100 year observance. It also directed the church‟s Mission Agency to prepare educational and liturgical resources for member churches in preparation for this event. This resolution was the first of its kind for a major American church body. www.presbyterianmission.org/site_media/uploads/jinishian/pdfs/1107_on_commemorating_the_100th_anniversary_of_the_armenian_genocide.pdf Union for Reform Judaism European Parliament Council of Europe Human Rights Association (Turkey) European Alliance of YMCAs Permanent Peoples' Tribunal Mercosur (a sub-regional bloc comprising Argentina, Brazil, Paraguay, Uruguay and Venezuela with Chile, Bolivia, Colombia, Ecuador and Peru as associate countries.) International Association of Genocide Scholars • Countries: Argentina; Armenia; Belgium; Bolivia; Canada; Chile; Cyprus; France; Germany; Greece; Italy; Lithuania; Lebanon; Netherlands; Poland; Russia; Slovakia; Sweden; Switzerland; Uruguay; Holy See; Venezuela. • German Bundestag on June 15, 2005 the German parliament passed a resolution that “honours and commemorates the victims of violence, murder and expulsion among the Armenian people before and during the First World War.” The German resolution also states “The German parliament deplores the acts of the Government of the Ottoman Empire regarding the almost complete destruction of Armenians in Anatolia and also the inglorious role of the German Reich in the face of the organized expulsion and extermination of Armenians which it did not try to stop. Women, children and elderly were from February 1915 sent on death marches towards the Syrian desert.” The German document is available at: http://dipbt.bundestag.de/dip21/btd/15/056/1505689.pdf. A translated copy of the document will be available on the Assembly website. • Regional governments in Spain, UK (Wales, Scotland, Northern Ireland), Australia (New South Wales, South Australia), Syria, Iran, Brazil, Bulgaria and USA (43 States). Barack Obama during his campaign said “My firmly held conviction [is] that the Armenian Genocide is not an allegation, a personal opinion, or a point of view, but rather a widely documented fact supported by an overwhelming body of historical evidence. The facts are undeniable … as President; I will recognise the Armenian genocide.” After his election he has referred to it as the Մեծ Եղերն (great Calamity), and has mentioned that his personal views have not changed and can be found in the records, but he has never used the word genocide. • Geoffrey Robertson, in his book An Inconvenient Genocide: Who Now Remembers the Armenians? mentions that today countries like Australia recognise the atrocities of what they _________________________________________________________________________________________ C - 12 Proposals to the Fourteenth Assembly – The Uniting Church in Australia have done to the indigenous people, because in 1915 the government of Great Britain was appalled and condemned the massacres of the Armenians. The events of 1915 became a th moral wakeup call to the great nations. It was the first genocide of the 20 century. The Armenian Congregation of the Uniting Church (Willoughby, NSW), currently the only Armenian congregation of the Uniting Church, supports this proposal. 29. THE CHURCH TOWARDS A COMMON VISION (Christian Unity Working Group) That the Assembly 1. receive and celebrate the achievement of the World Council of Churches Faith and Order Commission with the production of The Church – Towards A Common Vision; 2. commend it to all Councils of the Church for further study and reflection; 3. affirm the response document as presented at the Assembly; 4. (a) (b) 30. request the Christian Unity Working Group to incorporate the reflections arising from the Assembly into the next draft of the UCA‟s response; and authorize Standing Committee to approve the final response of the Church. MINUTE OF APPRECIATION FOR MS MAUREEN POSTMA (Christian Unity Working Group) That the Assembly place on record its appreciation for the contribution to the life of the Uniting Church in Australia by Ms Maureen Postma during her term as Chairperson of the Christian Unity working group 2009-2015. The Christian Unity Working Group was fortunate to gain the leadership of Maureen Postma for two terms, 2009 -12 and 2012 - 15. At one stage in 2014, she was both chair and secretary of the Working Group, during the selection of and practical arrangements for our church's delegation to the WCC Busan Assembly. She became a member of the Working Group in 2001after she had become General Secretary of the Victorian Council of Churches, a key ecumenical position she held till 2009. In that role, she was an ex officio member of the Vic/Tas Synod Ecumenical Relations Committee. She was also a member of the national Uniting-Anglican Joint Working Group from 2009 to 2014. Maureen's experience of the ecumenical movement is wide and deep. She spent 15 years working in the overseas aid and development sector within the (now) Caritas Australia, Force Ten and (now) Act for Peace. In these roles she worked with a variety of church members, workers and leaders both nationally and internationally. These were turbulent times, following 9/11 and other bombings in the USA, working not only with churches but also with Jewish and Muslim faith communities to establish the three-way Jewish-Christian-Muslim Association of Australia. There was the churches' challenge to the invasion of Iraq, in concert with Trade Unions and other community groups, writing joint letters to Federal Parliament about the warlike language being increasingly used. She was also a Board member of the Parliament of the World's Religions, and assisted in the hosting and organization of the major interfaith event in Melbourne in December 2009. In 2010 Maureen was appointed a UCA representative to the Faith and Unity Commission of the National Council of Churches in Australia, a position she still holds. Maureen's leadership has been thoughtful, consultative and encouraging. Her chairing of our meetings and conferences has always been of the highest quality. She brings a hospitable, welcoming presence to all meetings that she chairs, and has always been gracious and kind in keeping us focussed on our business and helping us discern direction for future work. Maureen has an informed and discerning theological mind. Acknowledging her wisdom and experience in the wider ecumenical movement, the Working Group has been enabled _________________________________________________________________________________________ Proposals to the Fourteenth Assembly – The Uniting Church in Australia C - 13 confidently to approach the variety of issues which comes to its table, from interpreting the Uniting Church to other churches, recognizing gifts for dialogue teams and other representatives, working constructively with a range of international ecumenical councils, drafting responses to complex reports, to the efficient administration of an Assembly working group. We thank her for her commitment to Christian unity in all its forms, and for her lifelong contribution to the ecumenical movement at home and overseas. 31. MINUTE OF APPRECIATION FOR REV DR DAVID PITMAN (Worship Working Group) That the Assembly place on record its appreciation for the contribution to the life of the Uniting Church in Australia by Rev Dr David Pitman during his term as Convenor of the Worship Working Group (May 2010 – July 2015). David has been a faithful, pro-active and hard-working convenor. There have been special requests, initiatives taken by the Working Group, and the ongoing need to add to, revise and update services. Under David‟s leadership teaching resources, produced as DVDs, have been prepared on: „The Prayers of the People‟, „A Guide to Worship for the People of God‟ and „Holy Communion‟. These resources have been readily picked up across the Uniting Church. The „Calendar of Other Commemorations‟ in Uniting in Worship 2 now has brief biographies for many of the people listed and is continually being added to and posted on the Worship Resources section of the Assembly website. Resources were developed in relation to the new Preamble to the Constitution and when the „Destiny Together‟ vigil was held. David was a key person in putting together these worship resources. He has similarly found or provided other worship resources for different occasions. Arising from his background in teaching at Trinity Theological College in Brisbane, David was concerned about the teaching of worship and preaching across the Uniting Church. Information was sought and a Colloquium proposed. This was David‟s initiative and he saw it through. A very helpful Colloquium was held in Adelaide in December 2014. It included people from each synod involved in teaching at their college or involved in lay education. The outcome of the Colloquium will influence the agenda of the Working Group into the next triennium. During his time as Convenor, David was a member of the Australian Consultation on Liturgy and has served as its president. He has brought wisdom and experience to the role of convenor having been twice the Moderator of the Queensland synod. Members of the working group have valued the gracious and careful way he has dealt with matters and followed up on meetings. He has been a valued member of the Convenors Group in listening to and acknowledging the alternate voices, offering encouragement and sharing his wisdom. We are grateful for the service he has given to the Uniting Church in this role. 32. MINUTE OF APPRECIATION FOR REV DR KERRY ENRIGHT (UnitingWorld) That the Assembly acknowledge with deep appreciation the outstanding contribution made by Rev Dr Kerry Enright to UnitingWorld and to the work of international mission across the Uniting Church in Australia and to our overseas partners, as National Director for UnitingWorld. Since Kerry began as the National Director for UnitingWorld in 2006 he has brought considerable energy and vitality to the position. UnitingWorld is a very different place to what it was when Kerry began. Kerry oversaw the production of theology of mission and theology of development papers that were able to clarify and focus the work of the agency. _________________________________________________________________________________________ C - 14 Proposals to the Fourteenth Assembly – The Uniting Church in Australia Organisationally Kerry oversaw the bringing together of the different areas of work within the Agency under the UnitingWorld name. He was able to grow a professional and passionate team, that worked together with a strong focus and clarity. Kerry introduced strong governance and management disciplines with an emphasis on effectiveness and collaboration. These changes positioned the Agency well, building a place for UnitingWorld alongside both Christian and secular organisations working internationally and lead to Relief and Development Unit achieving full reaccreditation with the Australian Government. Kerry‟s leadership extended to strong contributions through the Australian Council for International Development and the Church Agencies Network, taking up significant leadership roles in both. Kerry played a significant leadership role in relationships with our partners beyond Australia. Kerry‟s considerable experience and expertise in the Pacific lead to important engagement in Fiji in particular, and with regional bodies including the Pacific Conference of Churches and the Methodist Consultative Committee of the Pacific. He was integral in establishing a partnership with the Presbyterian Church of South Sudan and expanding the Uniting Church‟s engagement with the Methodist Church in Zimbabwe. Kerry left UnitingWorld in April 2014 to take up a congregational ministry placement within the Presbyterian Church or Aotearoa New Zealand. For his energy, enthusiasm and passion for justice for the people whom UnitingWorld serves, and the discipline and commitment he brought to the role, the church owes Kerry its deep respect and gratitude. 33. MINUTE OF APPRECIATION FOR DR SUREKA GORINGE (UnitingWorld) That the Assembly acknowledge with deep appreciation the valuable contribution made by Dr Sureka Goringe to UnitingWorld and the Uniting Church in Australia, as Chairperson of the UnitingWorld Relief and Development National Committee. Sureka served as chairperson from August 2012 until November 2014, having previously served as a member of the National Committee since September 2009. During her period of service, the National Committee oversaw major developments within UnitingWorld, including an increase in the clarity and focus of development projects, growth in donations, maintenance of significant Government grants, achieving reaccreditation with the Australian Government, a comprehensive review of governance policies and procedures, a process leading to the development of a new Strategic Plan and also the recruitment of a new National Director. Sureka‟s abilities as a chairperson led to a more strategic and structured approach to meetings. She brought strong organisational experience, attention to detail and conscientiousness that were very highly valued. A member of the Uniting Church herself, Sureka was a significant advocate for the work of UnitingWorld within the Uniting Church. She also regularly represented the Agency in wider sector forums including within the Australian Council for International Development. Sureka stepped down from the role of Chairperson of the National Committee to take up the role of Associate Director for Church Connections. This is a significant leadership role within the Church Connections Unit of UnitingWorld. Whilst no longer directly involved in UnitingWorld Relief and Development National Committee, Sureka continues to provide strong and visionary leadership in UnitingWorld through this new role. The church expresses our thanks and gratitude to Sureka for her leadership and work as the Chairperson of the UnitingWorld Relief and Development National Committee. _________________________________________________________________________________________ Proposals to the Fourteenth Assembly – The Uniting Church in Australia C - 15 34. NATIONAL HISTORICAL REFERENCE COMMITTEE - FUTURE DIRECTIONS (National Historical Reference Committee) Proposal That the Assembly authorise the Standing Committee on the advice of the National Historical Reference Committee to disband the National Historical Reference Committee and facilitate the establishment of a network of UCA Archivists and a Uniting Church History Association. Rationale: It is clear that some aspects of the Mandate are the direct responsibility of the Assembly Archivist under the oversight of the General Secretary rather than the activity of the Committee. Other parts of the Mandate point towards interests that are more those of church historians that archivists. The tensions apparent in these two different areas of focus and the management and governance issues that they pose warrant attention. The Committee has spent considerable time considering these issues and has come to a view that the most useful configuration of relationships is to align the archivists with each other and to gather the persons engaged, or interested, in church history into another association. th This work has not been able to be completed in time for the meeting of the 14 Assembly but the current thinking is that it would be beneficial to the Synod archivists and the Assembly archivist will stay connected by the means of a network with the main purpose being that of collegiality and to talk through any concerns, issues or share collective wisdom. A national association of persons with an interest in church history that fosters and enables the church‟s capacity to know and tell its story would seem to have merit. The specific roles, resourcing and “location” of these groups within the life of the UCA still needs to be negotiated before anything firm could be put in place. However the mind of the Committee is that such changes can and should happen in the next twelve months and so it brings a proposal that will authorise the Standing Committee to undertake any necessary steps to change the Mandate of the Committee and to reshape the way the history of the church is nurtured and supported. 35. MINUTE OF APPRECIATION FOR REV GALE HALL (Defence Force Chaplaincy Committee) That the Assembly acknowledge with thanks the ministry of the Rev A. Gale Hall for ten years as convenor of the Defence Force Chaplaincy Committee and as the UCA member to the Religious Advisory Committee to the Services. In such service Gale has been pastoral through intent, specific in terms of direction and a friend to all. All UCA Chaplains acknowledge and give thanks to God for Rev Hall‟s ministry to ADF Chaplaincy. Our prayer is that he and Mrs Phyllis Hall will know the appreciation of the Church and God‟s blessing for the next chapter of their ministry. 36. SUPPORT FOR ADF CHAPLAINS (Defence Force Chaplaincy Committee) That the Assembly encourage the Federal Government in its support of Australian Defence Force Chaplains through the provision of chapels, resources and facilities appropriate to the Chaplaincy. 37. MINUTE OF APPRECIATION FOR REV SEFOROSA CARROLL (Working Group on Relations with other Faiths) That the Assembly _________________________________________________________________________________________ C - 16 Proposals to the Fourteenth Assembly – The Uniting Church in Australia places on record its appreciation for the contribution rendered to the life of the Uniting Church by Rev Seforosa Carroll during the twelve years she served on the Working Group for Relations with other Faiths and the nine years in which she was the Convener. Sef brought a passionate commitment to the work of interfaith and cross cultural relationships. She grew up as a Fijian Rotuman woman where interfaith engagement and the Methodist Church were both a significant part of her family life. Under Sef‟s leadership with the executive, the Working Group strengthened its interfaith engagement in many areas. Throughout her time as Convenor, the Relations with other Faiths website has become an important resource for those committed to interfaith engagement in congregations, local council government areas, universities and also interfaith networks across Australia organized by state governments. She has represented the Uniting Church on the National Dialogue of Christians, Muslims and Jews It was during her time as Convenor that the Assembly was able to strengthen its theological basis for interfaith dialogue. In 2007 a Theological Colloquium was held with the Working th Group on Doctrine which laid the foundation for further exploration. In 2009 at the 13 Assembly the Working Group brought a second statement to the Assembly „Friendship in the Presence of Difference: Christian Witness in Multifaith Australia‟ that built on the earlier resource „Living with a Neighbour who is Different.‟ Sef has continued with her theological interests in interfaith and cross cultural relationships and is currently completing her PhD: „Making Room for the Religious Other.‟ Sef is also a member of „Mahine Pasefika‟, the Association of Oceanian Women Theologians and has published various articles in the areas of interfaith dialogue and contextual theology. Sef continues to lecture in Interfaith Dialogue and Contextual Theologies at Charles Sturt University in Sydney, where both lay members of the church and candidates for ordination attend her lectures. At this time Sef has taken up a position with UnitingWorld in the Assembly, managing church partnerships for the Pacific. We are deeply grateful not only for her knowledge, passion and her commitment to the work of interfaith and cross cultural relationships, but also for her many endeavours in interfaith and cross cultural theology that she has brought to the Working Group, and will continue to bring to the life of the Assembly and the Uniting Church. 38. WITHDRAWAL OF RECOGNITION – REGULATION 2.10.3 (Synod of Victoria and Tasmania) That the Assembly authorise the Assembly Standing Committee, on the advice of the Legal Reference Committee, to amend Regulation 2.10.3(b) in the following terms: 2.10.3 The recognition of a Minister may be withdrawn by the Synod by reason of: (b) continuing in the designation of awaiting placement or not available for placement for more than two years unless the Placements Committee and the Presbytery both agree, by a two-thirds majority of those present and voting, that there are circumstances which warrant the extension of the term by a further year. Rationale: This proposal aims to remove the anomaly that recognition of a Minister may be withdrawn if they have been designated awaiting placement for more than two years but there is no process for the removal of recognition for those designated as not being available for placement. The designation „not available for placement‟ is a category used when there are concerns about a person‟s ministry practice. The designation „leave of absence‟ is available if a minister is ill, studying or on family leave. It is difficult to think of any reason why it should be easier for a Minister awaiting placement to have recognition withdrawn than for it to happen to a Minister not available for placement. _________________________________________________________________________________________ Proposals to the Fourteenth Assembly – The Uniting Church in Australia C - 17 This change can be effected by inserting the extra words or not available for placement in the existing clause. 39. CO-OPTIONS TO SYNOD STANDING COMMITTEES (Synod of NSW / ACT) That the Assembly authorise the Assembly Standing Committee on the advice of the Legal Reference Committee to amend Regulation3.7.4.1 (a) (iv) to read: SYNOD STANDING COMMITTEE (See Para 36, Constitution) 3.7.4.1 Membership (a) The membership of the Synod Standing Committee shall consist of: (iv) no more than two persons 10% of its membership or five persons, whichever is the lesser, co-opted by the Standing Committee. Rationale: The Constitution of the Church provides for the appointment of a Standing Committee for Synods and the Assembly vide Clauses 36 and 47 (below). STANDING COMMITTEE 36. The Synod shall appoint from among its members a Standing Committee which shall be empowered to act on behalf of the Synod between meetings of the Synod in respect of any of the responsibilities of the Synod except such as the Synod may determine. The Standing Committee may co-opt additional members 17 of the Synod to act on the Standing Committee. The Standing Committee shall consist of no fewer lay members than ministerial members. STANDING COMMITTEE 47. Each Assembly shall appoint from among its members a Standing Committee which shall be empowered to act on behalf of the Assembly between meetings of the Assembly in respect of any of the responsibilities of the Assembly except such as the Assembly may determine. The Standing Committee may co-opt additional members of the Assembly to act on the Standing Committee. The Standing Committee shall consist of no fewer lay members than ministerial members. The structure of each Standing Committee is then proscribed in the Regulations – extracts of which are shown below SYNOD STANDING COMMITTEE (See Para 36, Constitution) 3.7.4.1 Membership (a) The membership of the Synod Standing Committee shall consist of: (i) the Moderator, the ex-Moderator, the Moderator Elect and the Secretary of the Synod as ex-officio members; (ii) such other ex-officio members as the Synod may determine; (iii) other members of the Synod elected by it to serve until the next ordinary meeting of the Synod; (iv) no more than two persons co-opted by the Standing Committee. Only members of the Synod are eligible for membership of the Standing Committee. ASSEMBLY STANDING COMMITTEE (See Para 47, Constitution) 3.7.5.1 Membership (a) The Assembly Standing Committee shall consist of (i) the President, President-elect, ex-President and General Secretary of the Assembly; (ii) the Chairperson and the National Administrator of the Uniting Aboriginal and Islander Christian Congress; (iii) 18 members of the Assembly elected by the Assembly; _________________________________________________________________________________________ C - 18 Proposals to the Fourteenth Assembly – The Uniting Church in Australia (iv) no more than four persons co-opted by the Standing Committee. Only members of the Assembly are eligible for membership of the Standing Committee The structure of each Standing Committee is largely along the same lines but with the notable exception that up to four (4) co-options are permitted for the Assembly Standing Committee but only two (2) for the Standing Committee of each Synod. In these challenging and fast changing times, the responsibilities of a Synod Standing Committee are becoming more demanding and increasingly there is a need to ensure that within the membership of the Standing Committee there are those with particular gifts, graces and experiences. At times the desirable mix of such factors is not always reflected via the election process – this has been the experience of the Synod of NSW and ACT. Further, while a Standing Committee has the power to co-opt members the limitations of Regulation 3.7.4.1 (a) (iv) in limiting the number of co-options to only two persons has proved to be an impediment. Noting that a. the number of permitted co-options to the Assembly Standing Committee is double that permitted for Synods; and b. the size of the Standing Committee varies from Synod to Synod it is proposed that Regulation 3.7.4.1 (a) (iv) be varied to permit the co-option of up to 10% of the specified membership or up to 5 persons – whichever is the lesser. By this means, Synods would be afforded additional flexibility in the formation of their Standing Committee while still reflecting and respecting the desirability that the majority of Standing Committee members be elected to that role. 40. REGULATION 5.1.3 (Synod of Victoria and Tasmania) That the Assembly authorise the Assembly Standing Committee, on the advice of the Legal Reference Committee, to amend Regulation 5.1.3 in the following terms. BY WHOM EXERCISED 5.1.3 Discipline is to be exercised by the Church Council on behalf of the Congregation in the case of members, except in the case of allegations of sexual misconduct, and by the Presbytery and Synod in the case of Ministers. 5.1.3 Discipline is to be exercised by: a) The Church Council on behalf of the Congregation in the case of members, except in the case of allegations of sexual misconduct; b) The Presbytery when a Presbytery determines a Church Council has not adequately dealt with a discipline matter in relation to a member of the congregation; c) The Presbytery upon a request of a Church Council if the Church Council considers it is not able to deal with a concern due to a member's involvement in the congregation; d) The Presbytery and Synod in the case of Ministers. Rationale: There is currently no provision in the Regulations for a Presbytery to step in when a complaint is made about a member of a church council or congregation. In an ideal world a Church Council would acknowledge the conflict of interest in dealing with a complaint related to a member of the church council and in some cases a member(s) of the congregation; and refer the complaint to the Presbytery. However this has not been our experience in a number of circumstances. Reluctance to refer such matters to the Presbytery has typically resulted in unhelpful and difficult processes developing within the life of the Church Council / _________________________________________________________________________________________ Proposals to the Fourteenth Assembly – The Uniting Church in Australia C - 19 congregation as a discipline matter in these contexts has been addressed. The new (b) circumvents the need for a Church Council resolving to refer the matter to the Presbytery. The remainder of the proposed changes to 5.1.3 seek to provide clarification to other elements of the regulation. 41. SPECIAL CIRCUMSTANCES – REGULATION 3.6.1(d) (Presbyteries of Port Philip East, Port Philip West and Geelong City Parish) That the Assembly authorise the Assembly Standing Committee, on the advice of the Legal Reference Committee, to amend Regulation 4.6.3 to read: 4.6.3 (1) (2) 42. Unless special circumstances with respect to any real property are declared to exist by Synod or its Standing Committee, no real estate shall be acquired, sold, mortgaged or (except as provided in Regulation 4.6.2) leased, or any rights, easements or other estates or interests therein granted or created, assigned or surrendered, or contracts entered into in respect of such matters or in respect of the erection, enlargement, structural alteration, improvement or demolition of any substantial building or the borrowing of any money unless the same shall be approved by the relevant Church Council or other responsible body, the Presbytery and the Synod responsible for that property in the manner required by these Regulations. Before declaring that special circumstances relating to real property exist the Synod or its Standing Committee shall give the relevant Congregation, Church Council, responsible body or Presbytery not less than 90 days notice in writing of the proposed declaration and an opportunity to make written submissions to the Synod or Standing Committee regarding the proposed declaration, such submissions to be provided to the Synod or Standing Committee not less than 10 days prior to the meeting to which the proposed declaration GOVERNANCE NEEDS OF THE UCA IN THE 21ST CENTURY (Presbytery of the Illawarra) That the Assembly 1. 2. direct the Standing Committee to establish a process which will enable a wide-ranging analysis of the fundamental governance needs of the Uniting Church in the 21st century; (a) authorise the Standing Committee to establish the terms of reference for the review which shall include specific reference to the place of synods in the life of the Church; and (b) request that recommendations, including but not limited to, the potential th divestment, merger or dissolution of synods be brought to the 15 Assembly in 2018. Rationale: The Uniting Church was born at the height of denominationalism and volunteerism in Australia. Its system of governance assumes that the membership is willing and able to sustain a complex network of interrelated councils and their associated boards & committees. However in the post-modern, post-denominational twenty-first century, it has become clear that the UCA is over-governed, and that a fundamental re-think of its governance is needed. It has become clear that the existing system of Presbyteries, Synods and Assembly is becoming unsustainable. The grass-roots membership of the church find the current system _________________________________________________________________________________________ C - 20 Proposals to the Fourteenth Assembly – The Uniting Church in Australia distancing and remote, with decisions often made “up there” where they have a perception of having little or no say. In an environment of declining human and financial resources and increasing compliance requirements, the Church needs to ask afresh what structures will best equip it for mission. The Uniting Church has long understood that „the congregation is the embodiment in one place of the One Holy Catholic and Apostolic Church‟ (Basis of Union paragraph 15a). It also stands in the Reformed tradition with its commitment to semper reformanda (that the church should be „always reforming‟). Congregations need care, equipping and oversight – a function that is best undertaken as close to the local ministry coalface as possible. Presbyteries‟ role of close-quarters pastoral oversight, encouragement and stimulation of Congregations, therefore, remains as important as ever. However, Presbyteries are unable to provide Congregations with the necessary support in areas such as finance, property, compliance, theological education, WHS, advocacy and social justice. As these are issues which impact the Church nationally, they therefore are best dealt with on a national level. It is therefore timely to ask the following questions: What do Synods achieve that cannot be better achieved elsewhere? Is there sufficient similarity in the tasks of the Assembly and Synods to effectively combine them into one body? Is there sufficient similarity in the functioning of each Synod to effectively combine them into one national body? Will moving many of the responsibilities currently undertaken by Synods, to the Assembly reduce needless duplication, realize the benefits of economies of scale, and thus represent a more efficient stewardship of the resources with which God has blessed the Church? 43. DUTIES OF SYNOD SECRETARIES - REGULATION 3.6.3.4 (Northern Synod) That the Assembly authorize the Standing Committee, on advice from the Legal Reference Committee, to to amend Regulation 3.6.3.4 (Duties of a Synod Secretary) to (a) bring it into line with the Duties of the General Secretary of the Assembly (Regulation 3.6.4.4); and (b) not be inconsistent with the current Regulation 3.6.3.4. Rationale Currently the Regulations for the Secretary of a Synod are different to those of the General Secretary of the Assembly. The key differences are that references to: being the executive officer; providing general leadership; ensuring execution of policy; coordinating activities; and overseeing management of staff; are not contained in the Synod Secretary list of duties, whereas they are contained in list of duties of the General Secretary of the Assembly. The requested change would make the Synod General Secretary list of duties consistent with the list of duties of the Assembly General Secretary. The proposal also reflects the change in role of Synod General Secretary‟s to a general leadership role with responsibility for policy execution, activity coordination and staff management. _________________________________________________________________________________________ Proposals to the Fourteenth Assembly – The Uniting Church in Australia C - 21 The current Regulation is not altogether out of date and the roles be retained however there may be an opportunity at this time to represent them in a more helpful way. 44. SPECIAL CIRCUMSTANCES - REGULATION 4.6.3 (Allan Thompson and Geoffrey Grinton) That the Assembly authorise the Standing Committee, on the advice of the Legal Reference Committee, to amend the Regulations relating to Property Transactions and special circumstances (Regulation 4.6.3) to provide prescribed procedures to be followed to ensure that prior to making a Declaration of Special Circumstances it: • • • • • • gives disclosure of the reasons for the special circumstances; gives disclosure of other options to meet the circumstances which have been explored and abandoned; gives disclosure of the manner and extent to which property may be acquired, sold, mortgaged or in any other manner dealt with; consults fully with all bodies which may be affected by the declaration, taking cognizance of the purpose, functions, responsibilities and rights of those bodies as described in the Regulations; gives all affected Church Councils or other responsible bodies opportunity to respond in writing within a defined timeframe to the Synod or its Standing Committee, which has considered those submissions in its deliberations; ensures that natural justice is provided for all involved parties. Rationale: The decision of the 2013 Meeting of the Synod of Victoria and Tasmania to declare special circumstances under Regulation 4.6.3 in order to sell properties under the oversight of congregations and other bodies without the approval or consent of Church Councils or other responsible bodies and to use the proceeds to repay debts of the Synod, caused considerable distress and confusion, leading even to proceedings in the civil courts. A Presidential Ruling confirmed that a Synod or its Standing Committee was free to declare “special circumstances” for reasons it considered sufficient and that it could sell any and every property held by the Property Trust unless there were trust or other legal reasons prohibiting such divestment and use for other purposes. The proposal follows extensive consultation and discussion by a group of current and former leaders within the synod, and seeks to give guidelines as to how synods should proceed after they have declared special circumstances to exist. The proposed amendment asks for prescribed procedures to be placed into this Regulations, to ensure that there is openness for all parts of the Church as to why “special circumstances” are to be declared, whether other options have been fully investigated, which properties may be acquired, sold, etc and most important, that there is proper and timely consultation with other councils of the church which have responsibility for the properties which may be affected. Such consultation is at the heart of the polity of the Uniting Church. As the Basis of Union eloquently puts it, “Each council will recognise the limits of its own authority and give heed to other councils of the Church, so that the whole body of believers may be Assembly proposal re 4.6.3 united by mutual submission in the service of the Gospel”. In 2014 there was an acknowledgement to the Synod of Victoria and Tasmania that in many instances there had not been adequate consultation with affected congregations. The Synod‟s learning from its experience are such that most or all of the steps proposed to be prescribed are likely to be followed if the Synod of Victoria and Tasmania ever again acts under Reg. _________________________________________________________________________________________ C - 22 Proposals to the Fourteenth Assembly – The Uniting Church in Australia 4.6.3. Acceptance of this proposal will ensure that any other Synod which acts under Reg. 4.6.3 will avoid much of the distress caused in Victoria and Tasmania in 2013-2014. _________________________________________________________________________________________ Proposals to the Fourteenth Assembly – The Uniting Church in Australia C - 23
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