{"id":"nsw:act-1971-042","name":"Presbyterian Church of Australia Act 1971","slug":"presbyterian-church-of-australia-act-1971","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"42 of 1971","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110387,"registerId":"nsw-act-1971-042-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> > (1) This Act may be cited as the [Presbyterian Church of Australia Act 1971](/view/html/inforce/current/act-1971-042).\n> \n> > (2) (Repealed)\n> \n> **s 1:** Am 1995 No 67, sec 23.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n2 Definitions\n\n> In this Act, except in so far as the context or subject-matter otherwise indicates or requires:\n> \n> new basis of union means the Basis of Union set forth in the Schedule.\n> \n> old scheme of union means the Basis of Union and Articles of Agreement set forth in the Schedule to the [Presbyterian Church of Australia Act 1900](/view/pdf/asmade/act-1900-pca).\n> \n> State Presbyterian Churches means the Presbyterian Church of Australia in New South Wales, the Presbyterian Church of Victoria, the Presbyterian Church of Queensland, the Presbyterian Church of South Australia, the Presbyterian Church of Tasmania and the Presbyterian Church in Western Australia.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":null,"content":"#### 3\n\n3 (Repealed)","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Union with other branches of the Christian church","content":"#### 4 Union with other branches of the Christian church\n\n4 Union with other branches of the Christian church\n\n> > (1) (Repealed)\n> \n> > (2) All interests in property that, immediately before the third day of December, one thousand nine hundred and seventy-one, were held by or in trust for some or all of the purposes of the Presbyterian Church of Australia in New South Wales or the General Assembly thereof or any presbytery, session, board or committee of management, congregation, committee, council, board or fund in connection with the Presbyterian Church of Australia in New South Wales shall be so held, and shall be deemed to have been on and from that day so held, subject to Part 3 of the new basis of union.\n> \n> > (3) For the purposes of this section:\n> > \n> > > (a) the General Assembly of the Presbyterian Church of Australia constituted under the old scheme of union may exercise all the powers and functions of the General Assembly under Part 3 of the new basis of union,\n> > \n> > > (b) a reference in Part 3 of the new basis of union to synods is a reference to State General Assemblies or, if so required by the context, to State Presbyterian Churches,\n> > \n> > > (c) the provisions of Part 3 of the new basis of union apply, with such modifications as may be necessary, to the Presbyterian Church of Australia constituted under the old scheme of union, the General Assembly thereof, State Presbyterian Churches and the General Assemblies, presbyteries, sessions and congregations thereof,\n> > \n> > > (d) decisions of the General Assembly of the Presbyterian Church of Australia constituted under the old scheme of union and of any commission appointed by it under clause eighteen of Part 3 of the new basis of union shall operate with respect to the Presbyterian Church of Australia so constituted, State Presbyterian Churches and the General Assemblies, presbyteries, sessions and congregations thereof as if they were the Presbyterian Church of Australia constituted under the new basis of union and the courts and congregations thereof, as the case may require,\n> > \n> > > (e) a reference in Part 3 of the new basis of union to the new basis of union shall be construed as a reference to the old scheme of union or, as the case may require, to the constitution of the State Presbyterian Churches.\n> \n> > (4) If a union is entered into under Part 3 of the new basis of union and there is in New South Wales a continuing congregation within the meaning of that Part but a continuing State Presbyterian Church is unable to function in New South Wales, the General Assembly of the Presbyterian Church of Australia may, so far as is necessary, place that congregation under the jurisdiction of the church courts in subordination to that General Assembly for so long as that inability persists.\n> \n> > (5) This section does not prejudice or affect the operation of section 3.\n> \n> **s 4:** Am 1972 No 9, sec 2 (b).","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":null,"content":"#### 5\n\n5 (Repealed)","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Powers of commission","content":"#### 6 Powers of commission\n\n6 Powers of commission\n\n> The commission referred to in the new basis of union may give effect to its powers out of the property to which this Act applies.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":null,"content":"#### 7\n\n7–9 (Repealed)","sortOrder":8},{"sectionNumber":"sch","sectionType":"schedule","heading":"Basis of Union","content":"# sch Basis of Union\n\nSchedule Basis of Union\n\n(Section 2)\n\n**Sch:** Am 1995 No 67, sec 23.","sortOrder":10},{"sectionNumber":"Part 1","sectionType":"part","heading":null,"content":"# Part 1\n\nParts 1, 2\n\n1–14 (Repealed)","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Union with other churches","content":"# Part 3 Union with other churches\n\nPart 3 Union with other churches","sortOrder":12},{"sectionNumber":"15","sectionType":"section","heading":null,"content":"#### 15\n\n15\n\nThe general assembly shall have the right and power to negotiate with other branches of the Christian church with a view to the Presbyterian Church of Australia entering the union with any of them, and the Presbyterian Church of Australia may pursuant to a resolution of the general assembly enter into such union provided that the proposed basis of union with any such church or churches (which shall include a section setting out basic principles of constitutional structure and practice) shall first be remitted to synods and presbyteries under the Barrier Act procedure and may be approved by the general assembly only when approved by a majority of synods and at least three-fifths of the presbyteries of the whole church and three-fifths of the members present when the final vote of the general assembly is taken.","sortOrder":13},{"sectionNumber":"16","sectionType":"section","heading":null,"content":"#### 16\n\n16\n\nBefore the final vote is taken in the general assembly communicants aged sixteen years and over whose names are on the roll of a congregation shall be given an opportunity to answer the following questions:\n\n> (a) Do you desire this congregation to become a congregation of the church which may result from the proposed union?\n\n> (b) Should the required majority vote for union be obtained in presbyteries, synods and the general assembly of Australia do you desire to remain in membership of any Presbyterian Church of Australia continuing to function on the present basis?","sortOrder":14},{"sectionNumber":"17","sectionType":"section","heading":null,"content":"#### 17\n\n17\n\n> (1) For the purpose of enabling communicants to vote upon the questions prescribed in the last preceding section the general assembly shall prescribe a date by which all sessions shall be required to have purged their communion rolls and to have submitted to the presbytery of the bounds a voting register in duplicate consisting of all eligible names on the communion roll at the date of submission to the presbytery.\n\n> (2) Both copies of the said voting register shall be certified by the moderator and clerk of the session as being the voting register.\n\n> (3) The presbytery of the bounds shall at the earliest opportunity following the submission to it of the voting register attest both copies and shall return one copy to the session from which it was received and shall retain the other copy.\n\n> (4) Only those persons whose names are on an attested voting register may take part in the vote.\n\n> (5) Sessions shall make available voting papers containing the said questions at least fourteen days before a date to be prescribed by the session for the close of voting, upon which the voters shall indicate whether their answer is “Yes” or “No” to each of the questions.\n\n> (6) Voting papers must be signed by the voter and returned prior to the close of voting.\n\n> (7) The session shall count votes and transmit the number of “Yes” votes and the number of “No” votes cast with respect of each question to the clerk of the presbytery of the bounds for transmission to the clerk of the general assembly through the clerk of synod.\n\n> (8) The clerk of the general assembly shall advise the commission to be appointed as hereinafter provided of the results.","sortOrder":15},{"sectionNumber":"18","sectionType":"section","heading":null,"content":"#### 18\n\n18\n\nUpon the general assembly resolving to enter a union pursuant to section 15, it shall provide just and equitable safeguards of the rights of minorities who do not concur in the decision to unite, which safeguards shall include the following provisions:\n\n> (a) The general assembly shall set up a commission consisting of two groups of equal numbers, one representing those approving and one disapproving such union, together with three independent persons acceptable to both groups one of whom shall be chairman,\n\n> (b) In any case where at least one-third of the communicants of a congregation who participate in the vote in accordance with the last preceding section (hereinafter called a continuing congregation), shall prior to the date of the final vote of the general assembly approving such union have recorded votes indicating their desire to continue in membership of the Presbyterian Church of Australia, such communicants shall not become a congregation of the church to result from the union but shall be recognized as a congregation of the Presbyterian Church of Australia continuing to function on this basis of union and shall be entitled to retain the congregational property, unless the commission appointed pursuant to this section shall for special reasons otherwise determine, in which case the said commission is required to ensure that what it deems to be adequate and suitable congregation property is provided including a due and proper share of any congregational endowments,\n\n> (c) Where in any district or locality less than one-third of the communicants who participate in the said vote and whose names appear on the roll of a congregation purged as aforesaid, shall prior to the date of the final vote of the general assembly approving such union have recorded votes indicating their desire to remain in membership of the Presbyterian Church of Australia continuing to function on this basis of union and:\n> \n> > (i) the presbytery of the bounds is of the opinion that such minorities of such congregations are not able to be related in membership with some continuing congregation or congregations as a charge or charges, and\n> \n> > (ii) the said commission is satisfied as to the capacity of the said minorities to continue as such, it shall have power to arrange in a suitable locality or localities for such groupings of communicants to be provided with a church, manse and other necessary buildings to be used for congregational purposes, or with sufficient funds to provide such buildings,\n\n> (d) The said commission, upon its being satisfied that the continuing congregations are capable of functioning as a continuing Presbyterian Church of Australia under this basis of union, shall, in addition to the powers functions and discretions otherwise conferred upon it in this section, have the power to determine what specific items, if any, of the general property of or held in trust for the purposes of the Presbyterian Church of Australia and the several State synods shall for the efficient functioning of the said continuing church be retained by or for the purposes of the said church, and what compensation if any for the loss of a just and equitable share of such property should be payable to the said church, which shall have the right to use the name Presbyterian Church of Australia,\n\n> (e) The said commission in making its determinations as aforesaid shall have regard to the just and equitable rights of minorities and shall, inter alia, provide for the following requirements of a continuing church, including a due and proper share of endowments existing at the date of union and shall include provision for and maintenance of:\n> \n> > (i) a centre for the theological training of the ministry of the said continuing church, including a centre of residence and staffing, having regard to the aim of the Presbyterian Church of Australia to have theological halls equipped with not fewer than three professors,\n> \n> > (ii) a centre for the administration of the said continuing church, including provision for a clerk, treasurer and such other staff and buildings deemed necessary by the said commission for continuing the activities of the said church, and also a centre for administration with provision for adequate staff for its requirements in any State where the strength of the said continuing church is deemed by the commission to warrant it,\n> \n> > (iii) at least one school for girls and one school for boys in each State where at the date of the said union there is more than one Presbyterian school for girls and more than one Presbyterian school for boys, and in any State where there is only one Presbyterian school for girls and/or only one Presbyterian school for boys the commission shall determine whether ownership of any such school shall be vested in the said continuing church or in the church to result from the said union, or make other adequate provision if the strength of the said continuing church warrants it.","sortOrder":16}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act changes the legal treatment of Presbyterian property and governance arrangements that existed immediately before 3 December 1971 by declaring those property interests to be subject to Part 3 of the new Basis of Union (s 4(2)).  It also provides rules that map elements of the old scheme of union to the new Basis of Union and allows the General Assembly and its commission to exercise powers under Part 3 as if the church were constituted under the new Basis (s 4(3)(a)–(e)).  In practice, that shifts the operative legal framework for those pre‑existing property interests and related institutional powers from the earlier scheme into the procedures and allocation rules set out in Schedule Part 3."},"complexity_factors":["Cross-references between the Act and the Schedule (new Basis of Union, Part 3) requiring interpretive links (s 2; s 4(3))","Multiple institutional actors and approval thresholds (General Assembly, synods, presbyteries, sessions, commission) with different roles and quorum/majority rules (Schedule, Part 3, s 15)","Detailed local administrative procedure for membership rolls and signed ballots (Schedule, Part 3, s 17) creating operational complexity","Commission with broad discretionary powers to allocate property, determine adequacy of provision, and order compensation (Schedule, Part 3, s 18(d)–(e))","Property‑related effects and ability to use property to implement decisions (s 4(2); s 6) raising legal and financial allocation questions","Special provisions for continuing congregations (one‑third rule) and arrangements for small minorities (Schedule, Part 3, s 18(b)–(c)) that require case‑by‑case determinations","Transitional interpretive provisions that map the old scheme of union to the new Basis of Union and treat prior decisions as having ongoing effect (s 4(3)(a)–(e))"],"plain_english_summary":"The Act establishes procedures and legal effects for the Presbyterian Church of Australia to negotiate and enter a union with other churches, fixes how property (including NSW holdings as at 3 Dec 1971) and minority rights are treated, and empowers a commission to allocate/use church property to protect continuing congregations. It affects the General Assembly, synods, presbyteries, sessions and communicant voters (16+), and matters because it assigns asset costs, administrative burdens and wide discretionary power over property allocation."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to have maintained its original scope. It was enacted in 1971 specifically to facilitate the union that created the Uniting Church in 1977 while protecting continuing Presbyterians. The repealed sections suggest the Act was originally broader (possibly containing interim administrative provisions), but the remaining sections 4, 6, and Part 3 of the Schedule still serve the core purpose of governing church unions and property division. The amendments appear to be housekeeping removals of spent provisions rather than scope expansion."},"complexity_factors":["Extensive cross-referencing between the Act and the Schedule (Basis of Union), with multiple clauses requiring readers to flip between documents","Nested conditional logic in sections 15-18, particularly the \"Barrier Act procedure\" reference (a Presbyterian church governance mechanism not defined in the Act)","Complex voting mechanics in section 17 with multiple steps: roll purging, attestation, 14-day notice periods, signed ballots, and transmission chains through three levels of church courts","Multiple defined terms in section 2 that create a web of interlocking definitions ('new basis of union', 'old scheme of union', 'State Presbyterian Churches')","Transitional provisions in section 4 that apply old constitutional documents to new situations through deeming provisions and modifications","Property division mechanisms in section 18 that require subjective determinations ('just and equitable', 'adequate and suitable', 'satisfied as to capacity') without objective criteria","Repealed sections (1, 3, 5, 7-9, and Parts 1-2 of Schedule) create fragmentation, leaving only the union mechanism and property provisions"],"plain_english_summary":"This legislation governs how the Presbyterian Church of Australia can merge (\"enter into union\") with other Christian denominations, and crucially, how it protects church members who don't want to join the merger.\n\n**What it does:**\n- **Sets up a democratic process for church mergers**: The national General Assembly can negotiate unions with other churches, but any proposed merger must be approved by a \"supermajority\" — at least three-fifths of regional church bodies (synods and presbyteries) AND three-fifths of members voting at the General Assembly.\n\n- **Gives ordinary church members a direct say**: Before any final vote, all members aged 16+ get to vote on two questions: whether they want their local congregation to join the new merged church, and whether they want to stay with a continuing Presbyterian Church if the merger goes ahead.\n\n- **Protects dissenting minorities (the \"continuing church\")**: If at least one-third of a congregation's members vote to stay Presbyterian, that congregation can keep its property and continue operating separately. Even smaller groups of dissenters can be provided with buildings and funds to keep worshipping together.\n\n- **Establishes an independent commission**: When a merger is approved, a special commission (with equal representation from both sides plus three independent members) decides how to fairly divide church property — including theological colleges, administrative centres, and schools — between the new merged church and the continuing Presbyterian Church.\n\n**Who it affects:**\n- Members of the Presbyterian Church of Australia\n- Congregations considering merging with other denominations (such as the Uniting Church, which formed in 1977 from a union of Presbyterian, Methodist and Congregational churches)\n- The \"continuing\" Presbyterian Church that remained after the 1977 union\n\n**Why it matters:**\nThis Act was the legal framework that allowed most Australian Presbyterians to join the Uniting Church in 1977, while protecting the rights of the minority who wished to remain Presbyterian. It ensures that church property is handled fairly during denominational splits and that dissenting members aren't forced out without proper resources to continue their worship."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have remained largely unchanged since its last substantive amendment in March 1996. There is no indication of scope creep or significant departure from its original purpose of providing legal recognition and property-holding capacity to the Presbyterian Church of Australia in NSW."},"complexity_factors":["Limited publicly available text — only metadata and status information was provided, preventing full substantive analysis","Intersection of religious organisation law and property/corporate law adds moderate complexity","Historical legislation (1971) may use older drafting conventions that are harder to interpret","Church governance structures (presbyteries, assemblies) require some background knowledge to understand","Relatively narrow and specific subject matter keeps overall complexity low"],"plain_english_summary":"## Presbyterian Church of Australia Act 1971 (NSW)\n\n**What is this?**\nThis is a NSW law from 1971 that gives legal recognition to the Presbyterian Church of Australia and its structures within New South Wales.\n\n**What does it typically do?**\nLaws like this generally allow a religious organisation to:\n- Hold property (land, buildings, assets) in its own name through a corporate body\n- Enter into contracts legally\n- Sue and be sued as an organisation\n- Manage internal governance (rules and decision-making) with legal backing\n\n**Who does it affect?**\n- Members of the Presbyterian Church in NSW\n- Church congregations, presbyteries (regional church councils), and the broader church organisation\n- Anyone dealing with the Church in a legal or property capacity (e.g. buying or selling land from/to the Church)\n\n**Why does it matter?**\nWithout this kind of legislation, a religious organisation can struggle to own property or enter contracts because it isn't automatically a legal 'person' (a recognised legal entity able to hold rights and obligations). This Act gives the Church that legal standing.\n\n**Note:** The legislation has not been substantively updated since March 1996, suggesting its core framework has remained stable for decades."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/presbyterian-church-of-australia-act-1971","history":"/api/acts/presbyterian-church-of-australia-act-1971/history","analysis":"/api/acts/presbyterian-church-of-australia-act-1971/analysis","conflicts":"/api/acts/presbyterian-church-of-australia-act-1971/conflicts","importantCases":"/api/acts/presbyterian-church-of-australia-act-1971/important-cases","documents":"/api/acts/presbyterian-church-of-australia-act-1971/documents"}}