{"id":"church-england-act-1854-18-vict-no-45","name":"Church of England Act 1854 18 Vict. No. 45","slug":"church-of-england-act-1854-18-vict-no-45","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177991,"registerId":"vic-church-england-act-1854-18-vict-no-45-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Church of England Act 1854 18 Vict. No. 45","content":"Version No. 002\n\n**Church of England Act 1854 18 Vict. No. 45**\n\n**No. 45 of 1854**\n\nVersion incorporating amendments as at  \n1 June 2019\n\n**table of provisions**\n\n*Section Page*\n\n1 Synod may be convened 1\n\n2 Regulations of Synod binding on Bishops, Clergy and Members of Church 1\n\n3 Synod may establish a Commission 2\n\n4 Powers of Synod and Commission 3\n\n5 Regulations of Synod not to affect right of appeal etc. 3\n\n6 Regulations of Synod not to be contrary to Act of Council etc. 4\n\n7 Mode of summoning a Synod 4\n\n8 Chairman to be elected etc. 4\n\n9 Representatives to be elected 5\n\n10 Mode of Election etc. 5\n\n11 Certificate to be given etc. 6\n\n12 Declaration to be made 6\n\n13 Synod may make regulations etc. 6\n\n13A Lay membership of Synod 7\n\n14 Provision for cases not provided for, regulations etc. 7\n\n15 Copy of regulations to be transmitted to Archbishop 8\n\n16 Provisional Acts valid 8\n\n18 Royal prerogative not interfered with 9\n\n19 Interpretation 9\n\nEndnotes 10\n\n1 General information 10\n\n2 Table of Amendments 12\n\n3 Amendments Not in Operation 13\n\n4 Explanatory details 14\n\n**Version No.** **002**\n\n**Church of England Act 1854 18 Vict. No. 45**\n\n**No. 45 of 1854**\n\nVersion incorporating amendments as at  \n1 June 2019\n\nAn Act to enable the Bishops Clergy and Laity of the United Church of England and Ireland in Victoria to provide for the regulation of the affairs of the said Church.[[1]](#endnote-1)\n\n[*Reserved for Her Majesty's Approval.*]\n\n**Preamble**\n\nWHEREAS it is expedient to provide for the regulation and management of the affairs of the United Church of England and Ireland in Victoria:\n\n**BE IT THEREFORE ENACTED by His Excellency the Lieutenant Governor in Victoria by and with the advice and consent of the Legislative Council thereof as follows:**\n\nS. 1  \namended by No. 1947 s. 3.\n\n\t1 Synod may be convened\n\nIt shall be lawful for any Bishop of the United Church of England and Ireland in Victoria to convene a Synod of the licensed Clergy and the Laity of such Church in his diocese. And the Bishop or in his absence a Commissary appointed in writing by him shall preside in such Synod.\n\nS. 2  \namended by No. 1947 s. 3.\n\n\t2 Regulations of Synod binding on Bishops, Clergy and Members of Church\n\nEvery regulation act and resolution of such Synod made by the Bishop and the Clergy and Laity thereat respecting the affairs of the said Church including all advowson and right of patronage shall be binding on every such Bishop and his successors and on the Clergy and Lay members of the said Church residing within the diocese for which such Synod shall have been convened and on none other and on them only so far as such regulation act or resolution may concern the position rights duties and liabilities of any minister or member of the said United Church or any person in communion therewith in regard of his ministry membership or communion or may concern the advowson or right of patronage in or management of the property of the said Church.\n\nProvided that no such regulation act or resolution shall be valid except it be made with the concurrence of a majority both of the Clergy and of the Laity the votes of the Clergy and those of the Laity being separately taken and except it receive the assent of the Bishop.\n\nS. 3  \namended by No. 1947 s. 3.\n\n\t3 Synod may establish a Commission\n\nIt shall be lawful for any such Synod by any regulation act or resolution as aforesaid to establish a Commission for the trial of all Ecclesiastical offences and also to frame rules for the conduct management and mode of proceeding in and under such Commission and all such rules from time to time to vary alter and repeal. And such Commission shall be so constituted as such Synod may deem expedient. Provided that no such Commission nor any person acting thereunder shall by virtue of this Act have or exercise any jurisdiction over persons who are not Clergymen of the said United Church of England and Ireland. And provided also that such Commission and the persons acting thereunder shall report to the Bishop within whose diocese any such offence shall occur their opinion of the matters referred to them and the penalty which they would recommend to be imposed which penalty the Bishop shall not have the power to exceed.\n\nS. 4  \namended by No. 1947 s. 3.\n\n\t4 Powers of Synod and Commission\n\nIt shall not be lawful by any regulation act or resolution of any such Synod nor by the sentence of any Commission as aforesaid or any person acting thereunder to impose any penalty or disability other than such as may be consequent upon a sentence of suspension from or deprivation of an ecclesiastical office or benefice or may affect such advowson right of patronage or property as aforesaid.\n\nS. 5  \namended by No. 1947 s. 3.\n\n\t5 Regulations of Synod not to affect right of appeal etc.\n\nNo regulation of any such Synod which shall affect any right of appeal to Her Majesty in Council or to the Archbishop of Canterbury or to the Metropolitan of the province or the subordination of the said Bishops Clergy and Laity to the Metropolitan or to the said Archbishop shall be valid unless the consent of the said Archbishop or of the said Metropolitan thereto be previously or thereafter signified by him under his hand and seal nor unless such regulation be confirmed by an order of the Archbishop of Canterbury and no regulation act or resolution made or passed at any Synod shall be valid which shall alter or be at variance with the authorised standards of faith and doctrine of the United Church of England and Ireland or shall alter the oaths declarations and subscriptions now by law or canon required to be taken made and subscribed by persons to be consecrated ordained instituted or licensed within the said Church.\n\nS. 6  \namended by No. 1947 s. 3.\n\n\t6 Regulations of Synod not to be contrary to Act of Council etc.\n\nNo regulation act or resolution of any such Synod shall be contrary to the statute conferring a Constitution on Victoria or to any Act of the Legislature of Victoria or have legal force or validity as against any such Act.\n\nS. 7  \namended by No. 1947 s. 3.\n\n\t7 Mode of summoning a Synod\n\nWhere any Bishop of the said United Church in Victoria shall see fit to convene a Synod as aforesaid such Bishop shall at such time as to him may seem meet previous to the first Synod in his diocese summon thereto the Clergy being Incumbents or licensed by the Bishop within such diocese and the lay representatives of the diocese elected as hereinafter provided and for electing such representatives shall require each clergyman instituted or licensed to a separate cure of souls to summon a meeting of the laymen of the Church of the age of twenty-one years and upwards resident within his parish and at such time (within limits which may be prescribed by such Bishop) and at such place within the parish or district as to such clergyman may seem convenient and every such lay member as aforesaid shall be entitled to vote at such election.\n\n\t8 Chairman to be elected etc.\n\nThe said meeting so soon as five persons at the least are assembled shall proceed to elect a Chairman by a majority of those present and the Clergyman may be present and qualified to act as such Chairman and the Chairman shall cause a list to be made of those who shall be present and add thereto the names of any who shall subsequently attend before the proceedings are closed and shall claim to vote thereat. And every such layman present shall before taking part or voting at such meeting sign the following declaration:\n\n\"I A. B. whose name is hereto subscribed do declare that I am a Member of the United Church of England and Ireland and belong to no other religious denomination.\".\n\nProvided that no person shall be entitled to vote at any such meeting who is known to have impugned the doctrines or discipline of the said Church.\n\n\t9 Representatives to be elected\n\nEvery such meeting shall choose as a Representative one male person who shall have been a Communicant of the said Church for at least the term of twelve months preceding the day of such meeting. And if more than fifty and less than one hundred persons shall attend and vote it shall be lawful for such meeting to elect one additional Representative and so for each additional fifty persons attending and voting as aforesaid. Provided that no parish or district shall return more than four such Representatives.\n\n\t10 Mode of Election etc.\n\nIn case at any such meeting the number of persons proposed for election exceed the number which the meeting is authorised to elect the Chairman shall take in writing the votes of the qualified persons present and enumerated as aforesaid and every such person may give one vote for each of such of the persons proposed not exceeding the number which the meeting is authorised to elect as he may think fit and the Chairman shall declare the number of the votes given for each of the persons proposed and the Chairman if he be not a Clergyman shall be entitled to vote at and may be elected by such meeting. And where the votes of two or more persons are equal the Chairman if he be not a Clergyman may give a double vote and if he be a Clergyman may give a casting vote for any such person.\n\nS. 11  \namended by No. 1947 s. 3.\n\n\t11 Certificate to be given etc.\n\nThe Chairman shall cause to be delivered to each person elected a certificate of his election and shall sign the minutes of the meeting in token of their correctness and unless he be the Clergyman of the parish or district shall forward them to such Clergyman together with all certificates subscriptions and lists which had been laid before the said meeting and a certificate of the names callings and addresses of the persons chosen and the Clergyman shall forward the said documents to the Bishop to be laid before the Synod at the meeting thereof.\n\nS. 12  \namended by No. 1947 s. 3.\n\n\t12 Declaration to be made\n\nEach Lay Representative elected as aforesaid shall before taking part or voting at such Synod sign and deliver to the President thereof a declaration in the form following:\n\n\"I A. B. whose name is hereto subscribed do declare that I am a Communicant of the United Church of England and Ireland and belong to no other religious denomination.\".\n\nS. 13  \namended by No. 1947 s. 3.\n\n\t13 Synod may make regulations etc.\n\nIt shall be lawful for the first or any future Synod as aforesaid to make such regulations acts or resolutions as it may deem fit for altering the constitution of such Synod with respect to the number election and qualification of the lay members thereof the manner in which the votes of the Clergy and Laity may be taken and the declarations to be signed by the electors or lay members as aforesaid (provided that every such lay member shall declare himself a communicant of such Church) and also for determining the mode in and the conditions under which such advowson or right of patronage as aforesaid may be exercised for the licensing of Clergymen by the Bishop for the adjournment and prorogation of such Synods and the calling of future Synods and the mode of election of the lay members thereof and every such Synod may repeal alter or vary such regulations acts or resolutions.\n\nS. 13A  \ninserted by No. 10194 s. 3.\n\n\t13A Lay membership of Synod\n\nOn and after the commencement of the **Anglican Church of Australia Act 1985**, the power of a Synod to alter the constitution of that or any future Synod with respect to lay membership includes the power to provide for the election, nomination or appointment of lay members, whether or not as representatives of parishes, and for lay members ex officio.\n\nS. 14  \namended by No. 1947 s. 3.\n\n\t14 Provision for cases not provided for, regulations etc.\n\nThe provisions of this Act in relation to the first convening and holding a Synod in a diocese and the election of the lay members thereof shall remain in force and be acted on until the first or any other Synod shall otherwise provide and in any case not provided for by this Act or by the regulations for the time being of any Synod the Bishop of the diocese may regulate the convening of any Synod in such diocese and the form and manner of all proceedings preparatory thereto.\n\nS. 15  \namended by No. 1947 s. 3.\n\n\t15 Copy of regulations to be transmitted to Archbishop\n\nA copy of the regulations passed at the first Synod of any diocese to be called under this Act and also of the rules framed for any such Commission as aforesaid and from time to time of any alterations of such regulations and rules shall be sent by the Bishop of such diocese duly certified under his hand and seal as testifying his assent thereto to the Archbishop of Canterbury and also to the Metropolitan and the said Archbishop may within six months of his receipt thereof submit the same with such observations thereon as he may see fit to make for the consideration of Her Majesty in Council and Her Majesty by and with the advice of Her Privy Council may allow or disallow the same as to Her Majesty shall seem fit and the regulations and rules so allowed and a notification of such regulations and rules as may be disallowed shall be forthwith transmitted by the Archbishop to the Bishop transmitting the same and shall by such Bishop be published in his diocese.\n\n\t16 Provisional Acts valid\n\nAny Regulation or Rule disallowed by Her Majesty as aforesaid after the notification of the disallowance thereof shall have been received by the Bishop shall cease to be in force but any act matter or thing done under or in accordance with any such regulation or rule before such receipt of the notification of the disallowance thereof shall have the same validity and effect as if such regulation or rule had been allowed.\n\nS. 17  \nrepealed by No. 1947 s. 2.\n\n* * * * *\n\n\t18 Royal prerogative not interfered with\n\nNothing herein contained shall affect the right to nominate or appoint any Metropolitan or Bishop of the said United Church in Victoria or any other rights or prerogatives of Her Majesty save so far as the advowson or right of patronage in Victoria (if any) now vested in Her Majesty may be hereby expressly impaired diminished or affected.\n\n\t19 Interpretation\n\nIn the construction and interpretation of the provisions of this Act the word ***Bishop*** shall include the Metropolitan of the Province with reference to his Metropolitan Diocese.\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe **Church of England Act 1854 18 Vict. No. 45** was passed on 30 November 1854 and reserved for Her Majesty's approval. That approval was given on 25 February 1856 and the Act into operation on 6 June 1856 (Government Gazette 6 June 1856).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Church of England Act 1854 18 Vict. No. 45** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Church of England Act 1904, No. 1947/1904**\n\n| Assent Date: | 30.11.04 |\n| --- | --- |\n| Commencement Date: | 30.11.04 |\n| Current State: | All of Act in operation |\n\n\n**Anglican Church of Australia Act 1985, No. 10194/1985**\n\n| Assent Date: | 8.10.85 |\n| --- | --- |\n| Commencement Date: | 8.10.85 |\n| Current State: | All of Act in operation |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\n1. The citation for this Act is \"18 Vict. No. 45\". [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1854 Act was narrowly focused on establishing the first Synods for the 'United Church of England and Ireland' in colonial Victoria with specific, restrictive election rules (male communicants only, parish-based representation). The 1985 amendment (Section 13A) significantly broadened the scope by allowing Synods to determine their own lay membership structures—including appointment rather than election, ex officio positions, and representation beyond parishes—effectively removing the rigid 19th-century framework while keeping the Act's core mechanism intact."},"complexity_factors":["19th century legislative drafting with lengthy, comma-heavy sentences and archaic phrasing ('It shall be lawful', 'whereas', 'aforesaid')","Multiple conditional requirements for valid Synod decisions: separate clergy/laity majorities + Bishop's assent + Archbishop of Canterbury approval for certain matters","Nested provisos and exceptions (e.g., Section 2 has provisos within provisos regarding voting and validity)","Cross-references to external authority (Archbishop of Canterbury, Privy Council, Crown prerogatives) that create layered approval requirements","Detailed procedural rules for elections (Sections 7-12) specifying quorum, declarations, voting methods, and casting votes","Only 1 defined term in interpretation section ('Bishop' includes Metropolitan), but heavy use of contextual definitions throughout","Historical amendments (1904, 1985) layered onto original 1854 text creating some anachronistic terminology ('United Church of England and Ireland' alongside modern 'Anglican Church of Australia Act 1985')"],"plain_english_summary":"This 1854 Victorian law sets up a system for the Anglican Church (then called the 'United Church of England and Ireland') to govern itself through elected assemblies called Synods.\n\n**What it does:**\n- Allows Bishops to convene Synods—meetings of clergy and laypeople (ordinary church members) to make rules for running church affairs\n- Sets out how lay representatives are elected: parish meetings choose male communicants (regular churchgoers who take communion) aged 21+, with one representative per 50 voters up to a maximum of four per parish\n- Requires Synod decisions to pass separately among clergy and laity, with the Bishop's approval needed\n- Lets Synods establish Commissions to try clergy for church offences, but limits penalties to suspension or removal from church office\n- Protects the Crown's authority and the Archbishop of Canterbury's oversight—church rules can't override state law or change core doctrines without approval\n\n**Who it affects:**\n- Anglican Bishops, clergy, and lay members in Victoria\n- It does NOT apply to people outside the Anglican Church\n\n**Why it matters:**\nThis was one of Australia's earliest laws recognising religious self-governance. It created a democratic structure where church members could elect representatives to manage church property and discipline, while keeping the church legally subordinate to both state law and the Church of England's hierarchy. A 1985 amendment modernised it to allow women and different election methods for lay members."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"While originally enacted to govern the Church of England in the colonial context of 1854 Victoria, the scope has effectively narrowed significantly over time. The separation of church and state, Australian federation, and subsequent Anglican Church governance legislation have likely rendered many original provisions obsolete or superseded. What remains in force is likely a much smaller subset of the original Act's intended reach."},"complexity_factors":["Extremely aged legislation (1854) using archaic legal drafting language typical of the colonial era","Historical legal context requires understanding of 19th century colonial governance and church-state relations","Interaction with subsequent Anglican Church governance legislation (such as the Anglican Church of Australia Constitution Act) may create interpretive complexity","The Act's continued in-force status despite 170 years of legal change raises questions about what provisions remain operative versus those superseded by later law","Operative provisions were not visible in the provided text, limiting full assessment — actual complexity may be higher or lower"],"plain_english_summary":"The Church of England Act 1854 is a Victorian-era statute concerning the Church of England (now the Anglican Church) in what is now Victoria, Australia, and primarily affects its members, properties and institutions there.\n\nAlthough the full operative text wasn’t provided, Acts of this type typically recognise the church’s legal status and deal with property and governance; because it remains listed as in force it may still affect Anglican property and governance in Victoria today."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. Subsequent amendments altered the Act’s scope: the Church of England Act 1904 and especially the Anglican Church of Australia Act 1985 (s.13A) expanded and modernised how lay members may be chosen (election, nomination, appointment, ex officio), so lay‑representation and Synod composition powers now reach beyond the original 1854 mechanisms (s.13A; Table of Amendments)."},"complexity_factors":["External oversight and confirmation — Synod regulations must be transmitted and may be disallowed by the Archbishop of Canterbury and Her Majesty, creating administrative delay and legal uncertainty (ss.15–16; s.5).","Detailed electoral mechanics and eligibility — parish meeting procedures, voter qualifications, required declarations, representative quotas and voting methods impose procedural compliance burdens at the local level (ss.7–13).","Limited adjudicative jurisdiction and penalty constraints — Synod commissions may try ecclesiastical offences but cannot impose civil penalties; recommended penalties are reported to the Bishop who cannot exceed them (ss.3–4).","Bishop discretion for gaps — where the Act or Synod rules are silent, the Bishop may regulate convening and preparatory proceedings, concentrating administrative discretion (s.14).","Statutory supremacy and interpretive limits — Synod regulations cannot conflict with Victorian statutes or authorised standards of faith and doctrine, creating interaction with civil law and canonical limits (ss.5–6).","Historical amendments and federal alignment — later amendments (notably s.13A inserted by the Anglican Church of Australia Act 1985) changed lay‑membership powers and modernised provisions, increasing interpretive complexity (s.13A; Table of Amendments).","Definition scope — the Act’s definition that 'Bishop' includes the Metropolitan affects who may exercise powers under the Act (s.19)."],"plain_english_summary":"This Act lets a diocesan Bishop call a Synod of licensed clergy and elected lay representatives and makes Synod regulations binding within that diocese on bishops, clergy and lay members for church governance, patronage and discipline. It authorises Synods to create commissions for ecclesiastical offences, prescribes election and voting rules for lay representatives, and subjects Synod rules to legal limits and external confirmation by the Archbishop of Canterbury or Her Majesty."}},"importantCases":[],"_links":{"self":"/api/acts/church-of-england-act-1854-18-vict-no-45","history":"/api/acts/church-of-england-act-1854-18-vict-no-45/history","analysis":"/api/acts/church-of-england-act-1854-18-vict-no-45/analysis","conflicts":"/api/acts/church-of-england-act-1854-18-vict-no-45/conflicts","importantCases":"/api/acts/church-of-england-act-1854-18-vict-no-45/important-cases","documents":"/api/acts/church-of-england-act-1854-18-vict-no-45/documents"}}