Anglican Church of Australia Constitution Act 1961

The Act and its Schedule rely on a small set of core legal and organisational concepts. The constitutional document in the Schedule is central; it is the source of the Church’s internal law to which the Act gives effect for property purposes in New South Wales, s 2; sch Pt 2, ch 12, s 70. The key concepts that recur are the canon, the diocese, church trust property, the synodical system, tribunals, and the corporate trusteeship.

• Canons and rules, and their status. General synod may make canons, rules and resolutions on order, government, ritual, ceremonial and discipline, sch Pt 2, ch 5 s 26. A canon becomes binding in the Church generally once made in accordance with the procedural rules in sch Pt 2, ch 5 ss 27-31 and subject to challenge under s 29. Notably, the Constitution builds in multiple interlocking controls over how canons become effective in dioceses: a canon affecting ritual, ceremonial or discipline follows special-bill procedures and may require diocesan assent before becoming operative in a diocese, sch Pt 2, ch 5 ss 28-30. The Act also provides that any canon or rule that contravenes a state law is incapable, to the extent of the contravention, of having force or effect, s 3.

• Church trust property. The Act expressly links the Constitution to the existing Church of England Trust Property Act 1917, and states that trust property defined in the Constitution remains governed by that statute, s 5; sch Pt 2, ch 12, s 74(1) definition of “church trust property”. The Constitution also provides mechanisms for allocation of trust property on formation, alteration and surrender of dioceses, sch Pt 2, ch 8 ss 44, 45.

• Synods and representation. General synod is bicameral in structure in the sense of three houses, but meets in full synod; it has a house of bishops, house of clergy and house of laity, sch Pt 2, ch 4 ss 15-17. Voting by houses is required in certain circumstances, and the rules for when a vote by houses is necessary and how it proceeds are set out in s 15. The Table annexed prescribes representation of dioceses in general synod in proportion to clergy numbers, sch Table.

• Tribunals and disciplinary jurisdiction. The Constitution sets up diocesan tribunals, provincial tribunals, a special tribunal and an appellate tribunal, and prescribes jurisdictional rules, composition and procedures, sch Pt 2, ch 9 ss 53-63. Tribunals have specific jurisdiction over breaches of faith, ritual, ceremonial and discipline for persons in holy orders, sch Pt 2, ch 9 s 54(2), and can make a limited range of recommended sentences, sch Pt 2, ch 9 s 60(1).

• Corporate trusteeship and property capacity. The Trust Corporation is incorporated under the Act, with defined corporate capacities and initial corporators named by office, s 7; sch Pt 2, ch 10 s 64. The Constitution prescribes rules for appointment of the corporate trustees as trustees of church trust property, and imposes consent constraints where property is under diocesan control or under control of another church body, sch Pt 2, ch 10 s 64(4)-(5).

• Interplay with secular law and limits on legislative power. The Act instructs that canons inconsistent with state law are ineffective to the extent of inconsistency, s 3. It also contains an interpretive clause requiring construction so as not to exceed state legislative power, s 10. The Constitution further provides for references to and permissive consideration of English ecclesiastical law and judicial authority while disclaiming obligation to follow them, sch Pt 2, ch 12 ss 72-73.

• Procedural safeguards and thresholds. The scheme contains multiple thresholds for procedural change and for the constitution itself to be altered. Certain provisions are insulated from alteration by the Church, sch Pt 2, ch 11 s 66; other provisions require supermajorities, diocesan assent thresholds, or three-quarters of diocesan synods including metro sees, sch Pt 2, ch 11 s 67.

These concepts combine to create an internal legal order for the Church that is formally recognised by the State for property purposes, but constrained by: (a) state law supremacy for conflicting provisions, s 3; (b) diocesan adoption mechanisms that can block or defer the application of particular canons in a diocese, sch Pt 2, ch 5 s 30(a)-(d); and (c) the continuing operation of trust statutes like the Church of England Trust Property Act 1917, s 5.

The Act impacts identifiable groups and offices within the Church, as well as statutory entities and third parties who hold or deal with Church trust property in New South Wales.

• Bishops, metropolitans and the Primate. The Constitution governs the authorities, powers, rights and duties of diocesan bishops, metropolitans and the Primate, including election, exercise of powers during vacancies or incapacities, and President roles at synods and in tribunals, sch Pt 2, ch 3 ss 7-14; ch 4 ss 20, 24, 25; ch 9 ss 54-56. The Act binds bishops as members of the Church for purposes connected with church property, s 2; sch Pt 2, ch 12 s 70.

• Clergy and persons in holy orders. Clergy are subject to the disciplinary jurisdiction set out in the Constitution. A diocesan tribunal has jurisdiction over persons licensed by the bishop or other persons in holy orders resident in the diocese for breaches of faith, ritual, ceremonial or discipline, sch Pt 2, ch 9 s 54(2)-(3). Clergy are part of the electorate for clerical representation in general synod, sch Pt 2, ch 4 s 17(5).

• Laity and lay representatives. Lay members constitute the house of laity in general synod and are subject to canons and rules when those affect church trust property and other matters, s 2; sch Pt 2, ch 4 ss 15-17. “Member of this Church” is defined in sch Pt 2, ch 12 s 74(1) and affects eligibility to be a lay representative.

• Diocesan synods, diocesan councils and diocesan officers. Diocesan synods have the power to make ordinances for order and government within the diocese, and their ordinances may be required before a canon affects a diocese in areas affecting ritual, order or church trust property, sch Pt 2, ch 8 ss 51, 52; ch 5 s 30. Diocesan synods also play a role in consenting to appointments of corporate trustees where property falls under diocesan control, sch Pt 2, ch 10 s 64(4)-(5).

• The corporate trustees. The Church of England in Australia Trust Corporation is included expressly, s 7; sch Pt 2, ch 10 s 64. It is able to take, hold and dispose of property, sues and is sued by corporate name, and may be appointed as trustee of church trust property subject to consent conditions.

• Tribunals, courts and those participating in disciplinary processes. Diocesan, provincial, special and appellate tribunals are created and given procedural powers such as administering oaths and securing evidence equivalent to those of arbitrators, s 9; sch Pt 2, ch 9 ss 53-63. Parties to proceedings are affected by tribunal determinations, recommendations and the limited sentencing regime, sch Pt 2, ch 9 s 60.

• Third parties and legal counterparties dealing with church trust property. The Act and Constitution instructs that existing statutes, deeds, wills and instruments are to be read as if references to the Church of England were references to the Church of England in Australia, s 6. Those dealing with Church property must therefore treat the Church of England in Australia as the legal entity named in relevant instruments where applicable.

• State authorities and courts. The Act expressly recognises state law supremacy where a canon or rule contravenes a statute in force, s 3, and it directs courts to treat the corporate seal and authenticated copies of canons as admissible evidence without further proof, sch Pt 2, ch 4 ss 24-25. Tribunals are treated as arbitrators for purposes of securing witnesses under the Commercial Arbitration Act 2010, s 9.

Who pays, and who decides. Financial liabilities imposed by synod are subject to strict constraints: synod may not make any canon imposing financial liability on a diocese except in accordance with sch Pt 2, ch 5 s 32(1), and synod may provide by canon or rule for specified classes of costs and expenses (s 32(2)). Decisions about making canons, their provisional passage, and whether they apply in dioceses involve general synod, the President, standing committees and diocesan synods in specified combinations under the procedural rules of sch Pt 2, ch 5 ss 27-31.

The Constitution, as given effect by the Act, allocates duties and rights across organs of the Church and individuals. The rights are primarily procedural and institutional; duties are directional and disciplinary.

Rights and powers

• Power to make canons and rules. General synod has plenary authority to make canons, ordinances and rules for order and government of the Church, including ritual, ceremonial and discipline, sch Pt 2, ch 5 s 26. Synod can also make rules for carrying into effect any canon, sch Pt 2, ch 5 s 33(1).

• Procedural rights in synod. Members may require voting by houses, sch Pt 2, ch 4 s 15; synod has standing orders and may delegate and regulate business through its standing committee and other committees, sch Pt 2, ch 4 ss 21-25, ch 6 ss 34-35.

• Representation and election rights. Clerical and lay representatives are entitled to seats in general synod and to be elected or appointed under diocesan rules; dioceses have the right to be represented and to certify their representatives to the Primate, sch Pt 2, ch 4 s 17(3)-(7).

• Rights relating to tribunals. Parties to tribunal proceedings have the right to bring or respond to charges, to use tribunal powers to secure evidence and to appeal decisions to higher tribunals, sch Pt 2, ch 9 ss 54-59, 62. The appellate tribunal may give opinions and determinations when referred by the Primate or by specified majorities in synod, sch Pt 2, ch 9 s 63.

• Corporate capacities. The incorporated Trust Corporation has the right to hold and deal with property, and to be appointed as trustee of church trust property subject to consents where statutory conditions apply, s 7; sch Pt 2, ch 10 s 64.

Duties and limits

• Binding nature of the Constitution and canons for church property matters. The Act declares the Constitution and canons binding on bishops, clergy and laity for all purposes connected with church property in New South Wales, s 2; sch Pt 2, ch 12 s 70. That creates duties of compliance by those actors in property contexts.

• Subordination to state law. Any canon or rule made under the Constitution that contravenes a state law is ineffective to the extent of the contravention, s 3. This imposes a duty on synod and its organs to ensure canons comply with state statutes.

• Procedural duties in making canons. The Constitution sets out mandatory steps for canons to be made and come into force, including circulation periods, readings, committee stages and diocesan referral/assent requirements in special cases, sch Pt 2, ch 5 ss 27-30. Failure to satisfy these procedural duties can prevent a canon from becoming effective.

• Financial limitations. Synod shall not make any canon or rule imposing financial liability on any diocese except in accordance with sch Pt 2, ch 5 s 32(1). Synod can provide only for certain defined classes of costs and charges listed in s 32(2), and diocesan assent is required for canons imposing financial liability on a consenting diocese, s 32.

• Disciplinary duties and limits. Tribunals may investigate and recommend a defined set of disciplinary measures, sch Pt 2, ch 9 s 60(1). The person to whom a recommendation is made, typically a bishop or the Primate, must give effect to the recommendation, but has a listed prerogative of mercy to mitigate or suspend the sentence, sch Pt 2, ch 9 s 60(2). Where the appellate tribunal is precluded from determining an appeal because of deadlock, the person to whom a recommendation was made must consult the appellate tribunal and may confirm, mitigate, annul, or abstain from giving effect, and provide for restoration and compensation, sch Pt 2, ch 9 s 60(3).

• Obligations in relation to church trust property. On formation or alteration of dioceses, property allocation is handled by ordinance and vesting is prescribed without further assurance, sch Pt 2, ch 8 s 44(4). The corporate trustees may be appointed as trustees only with diocesan consent where property is under diocesan control, sch Pt 2, ch 10 s 64(4).

• Duty to preserve Fundamental Declarations. The Ruling Principles require all synod statements, forms, rules or alterations to be consistent with the Fundamental Declarations, sch Pt 2, ch 2 s 4. A canon may be referred to the appellate tribunal where a sufficient threshold of members claim inconsistency with the Fundamental Declarations, sch Pt 2, ch 5 s 29-31.

Operational implications for actors

• Bishops must give practical effect to tribunal recommendations but can exercise prerogative of mercy, sch Pt 2, ch 9 s 60. They also fill roles in convening synods, appointing corporators, and may administer customary ecclesiastical oaths, s 8; sch Pt 2, ch 4 s 20; s 7.

• Diocesan synods have the right and responsibility to adopt or resist canons that affect ritual, order or trust property under defined time periods and processes, sch Pt 2, ch 5 s 30.

• The corporate trustees have rights to hold and dispose of property but face appointment constraints where property is under diocesan or other church body control, sch Pt 2, ch 10 s 64(4)-(5).

The Act and the Constitution provide a church-specific disciplinary and enforcement architecture, rather than criminal penalties enforceable by state criminal courts. Enforcement is effected through tribunals, recommendations and internal executive action.

Disciplinary measures and sentencing

• The Constitution confines the sentencing options available to tribunals. A tribunal may recommend one or more of: monition, suspension from office, expulsion from office, deprivation of rights and emoluments appertaining to office, and deposition from holy orders, sch Pt 2, ch 9 s 60(1). Those are internal ecclesiastical penalties.

• Where a tribunal makes a recommendation, the person to whom the recommendation is made, for example a diocesan bishop or the Primate, shall give effect to it, subject to their prerogative of mercy, sch Pt 2, ch 9 s 60(2). The prerogative allows the official to mitigate, suspend, or both mitigate and suspend the sentence, but regardless must pronounce the sentence recommended even if suspended or mitigated. If the operation of a suspended sentence remains suspended for two years, it thereafter has no operation, sch Pt 2, ch 9 s 60(2).

• In cases where the appellate tribunal is precluded from determining an appeal, the person to whom the recommendation was made must consult with the appellate tribunal, and may give effect to, abstain from giving effect to, confirm, mitigate or annul the sentence and give directions for restoration and compensation as appropriate, sch Pt 2, ch 9 s 60(3).

Procedural enforcement tools

• Tribunals are statutoryised for the purposes of securing attendance of witnesses and production of documents, and are to be treated as arbitrators under relevant state arbitration law, s 9; sch Pt 2, ch 9 s 62. That status gives tribunals powers to administer oaths, take affirmations, and compel witnesses and documents, using the state law architecture for arbitration as the enforcement mechanism for evidentiary cooperation.

• A tribunal’s authenticated canon, rule or resolution bearing the official seal is admissible in evidence without further proof, sch Pt 2, ch 4 s 25(2). This simplifies proof of internal law in any judicial process where such documents are tendered, although the documents remain subject to the state-law inconsistency rule, s 3.

Appeals and review

• Appeals are provided through a three-tier pathway. Decisions of diocesan tribunals may be appealed to provincial tribunals where permitted by ordinance, and from provincial tribunals to the appellate tribunal, sch Pt 2, ch 9 s 54. The special tribunal hears charges against members of the house of bishops and its determinations may be appealed to the appellate tribunal, sch Pt 2, ch 9 s 56. The appellate tribunal hears appeals by way of rehearing, sch Pt 2, ch 9 s 57.

• The appellate tribunal has threshold voting requirements for its determinations: concurrence of at least two bishops and two laymen for matters involving faith, ritual, ceremonial or discipline, and at least four members in other matters, sch Pt 2, ch 9 s 59(1). If a tribunal is evenly divided, certain review and consultative measures apply, sch Pt 2, ch 9 s 60(3).

Limits and state-law interactions

• Any internal penalty or canon that contravenes state statute is ineffective to the extent of the inconsistency, s 3. That imposes an external limit on internal enforcement.

• No criminal sanctions are created in the Act itself. Enforcement is internal and administrative, directed through the tribunal processes and the executive implementation obligations placed on bishops and the Primate.

Administrative enforcement and costs

• Synod may make rules prescribing costs in relation to carrying the Constitution into effect, holding synods, tribunal sittings, maintenance of the Primate’s registry and other specified functions, sch Pt 2, ch 5 s 32(2). Synod cannot otherwise impose financial liabilities on dioceses except by consent, sch Pt 2, ch 5 s 32(1). The costs regime therefore centralises certain charging powers while protecting diocesan finances from unconsented imposition.

Evidence and compulsion

• Tribunals’ designation as arbitrators for the purposes of state arbitration law, s 9; sch Pt 2, ch 9 s 62, is a practical enforcement mechanism for evidence gathering and witness compulsion that uses state statutory arbitration tools rather than creating new coercive powers within the Act.

The Act and the Schedule are drafted with explicit interactions with pre-existing statutes, state legal limits, trust law and Commonwealth notification procedures. The textual commitments identify where Church law yields to state law and where it supplements or continues pre-existing legal relationships.

State law supremacy and inconsistency

• Any canon or rule made under the Constitution that contravenes any law or statute in force in the State is incapable of having force or effect to the extent of the contravention, s 3. This is an express conflict rule placing state statutes above canons for the parts that are inconsistent, and it obliges those making and applying canons to consider compatibility with state law.

• A construction saving is included to read the Act not to exceed the legislative power of the State, s 10. This clause operates as an interpretive instruction to preserve as much of the Act as possible within constitutional limits.

Continuing operation of trust statutes and substitutions

• The Church of England Trust Property Act 1917 is confirmed to continue to apply to Church trust property within the meaning of the Act, and references to the Church of England in that Act are to be read as references to the Church of England in Australia, s 5. This preserves established trust-law arrangements while mapping the Church’s new corporate identity onto them.

• The Act requires that the Church of England Trust Property Act 1917 and all other Acts, statutes, grants, deeds, wills, instruments and synod ordinances in existence when the Constitution takes effect be read and construed as if the name “Church of England in Australia” were substituted for references to the “Church of England” or similar expressions, s 6. That produces a textual continuity for disposers of property and for statutory references, but it does not displace state law constraints.

Tribunals and arbitration law

• A tribunal under chapter nine of the Constitution is to be treated as an arbitrator referred to in the Commercial Arbitration Act 2010 for the purpose of securing attendance of witnesses and production of documents, and in that capacity has power to administer oaths and to treat parties as bound by an arbitration agreement for those limited purposes, s 9. The Schedule repeats that tribunals are to be treated as arbitrators in any law in force in the State or territory in which the tribunal sits, sch Pt 2, ch 9 s 62. This cross-reference plugs the tribunal processes into the statutory arbitration enforcement tools available under state and Commonwealth legislation.

Evidence and admissibility

• The Constitution allows authenticated copies of canons or resolutions sealed with the official seal to be admissible in evidence without further proof, sch Pt 2, ch 4 s 25(2). This interacts with court evidence rules in that certified church documents are made readily admissible in civil proceedings; however, admissibility does not mean the court will give them effect if they conflict with state law, because of s 3.

References to Commonwealth procedures

• Commencement procedures are linked to Commonwealth Gazette notification under section 68 of the Constitution and to notification in state gazettes, s 12; sch Pt 2, ch 12 s 68. The Act accepts as conclusive a Commonwealth Gazette copy purporting to be signed by one or more Metropolitans, s 12. This creates a documentary mechanism for establishing effective dates that sits across Commonwealth and state publication systems.

Interpretive and comparative law references

• The Constitution contemplates taking into account decisions of English ecclesiastical judicial authorities and Commonwealth-era bodies, but provides that such decisions have permissive effect only and are not binding, sch Pt 2, ch 12 ss 72-73. The Constitution also declares that “judicial authority” includes historical bodies and the Judicial Committee of the Privy Council for the purpose of reference, sch Pt 2, ch 12 s 74(5). That situates the Church’s internal law in comparative ecclesiastical jurisprudence, while disclaiming compulsion.

Application to dioceses across jurisdictions

• The Constitution takes effect only in dioceses that assent, and sch Pt 2, ch 12 s 68 sets out requirements for appointment of the day including parliamentary enactments in at least five States before the Constitution takes effect. The Act itself applies, per s 2, to dioceses in the State of New South Wales, but sch Pt 2, ch 12 ss 68-69 describe mechanisms for making the Constitution apply more widely, including requirements for diocesan ordinances and parliamentary enactments in other States. Practically, that means the Act’s local effect is nested within a plan for national application that depends on separate state actions and diocesan assent.

Acts to be read with Acts Interpretation Act

• The Schedule declares that the Constitution shall be construed as if the Acts Interpretation Act 1901-1948 of the Commonwealth applied, sch Pt 2, ch 12 s 74(7), which affects how references, gendered language, and other interpretive issues are handled in the Constitution.

The statutory instrument contains two kinds of amendment-related material: (1) explicit amendment notations appearing in section notes; and (2) internal constitutional rules limiting the Church’s capacity to alter its own Constitution and specifying procedures and thresholds for amendments.

Statutory amendment notations in the Act text

• The Act text records that s 1 was substituted by 1976 No 21, Sch 2 and amended by 1984 No 153, Sch 16, indicated in the marginal note to s 1. Section 9 carries amendment marginal notes indicating amendments by 1984 No 167, Sch 1 and 2010 No 61, Sch 2.5. Those marginal notes are the only explicit statutory amendment markers recorded in the text supplied.

Constitutional amendment mechanics and entrenchments

• The Constitution contains detailed rules about how it may be altered, and these rules are themselves entrenched by variable thresholds.

• Section 65 declares that the Constitution shall not be altered except in accordance with that chapter.

• Section 66 states that the Church takes no power under the Constitution to alter sections 1, 2 and 3 and the section itself, other than the name of the Church. That places a non-derogable core into the Constitution.

• Section 67 sets out graduated procedures and thresholds for altering other sections, including:

  • s 67(b) requires a bill altering certain enumerated provisions to be assented to on its second and third readings by an affirmative vote of at least two-thirds of the members of each house and by a majority of all dioceses of which at least two are metropolitan dioceses. The listed provisions subject to this higher standard include key structural and procedural sections (for example sections 11-14; 18-25; 27; 31-35; 64(1)-(3); 67(a); 68-70; 75).

  • s 67(c) provides that altering the name of the Church or certain specified provisions requires that every diocesan synod assent by ordinance and that all such assents be in force at the same time.

  • s 67(d) prescribes an even higher threshold for altering a wide slate of provisions, including fundamental and operational chapters (sections 4-10; 15-17; 26; 28-30; 36-63; 65; 67(b) and (d); 71-74; the Table annexed). That threshold is at least three-quarters of the diocesan synods including all metropolitan sees, and all such assents must be in force at the same time.

• These provisions create entrenchments of differing strength, where certain parts of the Constitution cannot be altered without super-majorities and diocesan unanimity in some cases.

Procedural stages for canons and special bills

• The Constitution prescribes a multi-stage procedure for canons, including special-bill pathways for matters concerning ritual, ceremonial and discipline, sch Pt 2, ch 5 ss 27-30. Special bills require provisional passage in synod, then referral to diocesan synods for assent before becoming a canon. The interim and final stages create a built-in delay and require substantial diocesan participation to alter national-level rules affecting ritual and discipline.

Interaction with state amendment processes and commencement

• The Constitution’s operation depends on external steps for national take-up: sch Pt 2, ch 12 s 68 stipulates that the day for the Constitution to take effect shall not be appointed until the Parliaments of five States have passed Acts giving effect to the Constitution, and the day is to be appointed by a deed signed by diocesan bishops of not less than eighteen dioceses, including at least two Metropolitans. The commencement mechanics therefore tie the constitution’s full operation to state legislative action and a critical mass of diocesan assent.

Practical implication for amendment history

• The Act itself shows only a small number of editorial amendment marginalia. The Constitution contains extensive self-amendment constraints which set high thresholds for many changes, allocate amendment responsibilities between general synod and diocesan synods, and protect core provisions from alteration by the Church itself. Where a canon is alleged to be inconsistent with fundamental declarations or procedural rules, sch Pt 2, ch 5 s 29-31 provides a review path to the appellate tribunal and suspends the relevant canon pending resolution.

• Any later history of amendments beyond the marginal notes in the supplied text is not recorded in the instrument provided. The reader should verify, for current practice, whether general synod canons or parliamentary acts subsequent to the textual notes have changed the practical effect of the Constitution or the Act.

The text supplied does not record any judicial decisions, reported litigation or disputes about the Act or the Constitution. The constitutional text anticipates internal adjudication through church tribunals and provides for appellate references to the appellate tribunal, sch Pt 2, ch 9 ss 53-63. It also contemplates that questions about canons’ consistency with the Fundamental Declarations or with special procedural requirements may be referred to the appellate tribunal and suspends the operation of the canon pending determination, sch Pt 2, ch 5 s 29.

What the instrument provides instead of public-law litigation

• The Constitution and Act provide a built-in internal litigation and review system, using diocesan, provincial, special and appellate tribunals, and a mechanism for referring constitutional questions to the appellate tribunal on the request of twenty-five members of general synod or by the Primate, sch Pt 2, ch 9 s 63. Those bodies are the primary fora for resolving disputes under the Constitution.

• The Act treats tribunals as arbitrators for the purposes of state arbitration law so tribunals can use statutory tools to secure attendance and documents, s 9; sch Pt 2, ch 9 s 62. That connection creates a possible bridge to state enforcement mechanisms at the evidentiary level.

Absence of recorded external decisions

• There are no cases, reasons, judgments or external judicial references included in the supplied text. The text does not reference litigation testing the Act’s provisions or the Constitution in state courts. It does, however, create evidentiary presumptions about authenticated church documents admissible without further proof, sch Pt 2, ch 4 s 25(2), which could be operational in future civil proceedings.

Practical note on searching for litigation

• To identify any judicial history, the reader must consult external case law databases and court records post-dating this text. The instrument itself anticipates internal adjudication and specifies appellate tribunal finality for certain matters, sch Pt 2, ch 5 s 31, but does not preclude, nor record, any instances of recourse to secular courts over property or other disputes.

The instrument contains a number of traps for practitioners, administrators and property counterparties. These are practical points where unexpected consequences, compliance burdens or jurisdictional friction are likely.

1. Canons subject to state law. Although canons are made binding for Church property purposes, any canon or rule that contravenes a state statute is incapable of having force or effect to the extent of the contravention, s 3. Practically, synod may pass canons that have no legal effect because they conflict with state property, charitable, trustee or other law, creating compliance risk and wasted administrative effort.

2. Diocesan adoption can delay or block a canon. A canon affecting ritual, ceremonial or discipline is subject to the special-bill procedure and will not take effect in a diocese unless adopted by ordinance of that diocesan synod, sch Pt 2, ch 5 s 28 and s 30(a). Even canons declared by general synod to affect the order and good government of a diocese or church trust property require diocesan adoption before they bind, sch Pt 2, ch 5 s 30(b)-(c). This creates a patchwork: a canon may be nationally passed yet not apply in particular dioceses.

3. Time-limited procedural traps. The special-bill process involves circulation timelines, provisional third readings, referral to diocesan synods, and specific time windows for diocesan synod responses. For canons that affect a diocese, diocesan synods or councils have two years from the passing of a canon to declare opinion and trigger the standing committee referral mechanism, sch Pt 2, ch 5 s 30(c)(i)-(ii). Failing to track these timelines can result in unintended nationwide application or the loss of a diocese’s procedural protections.

4. Financial liability limits. Synod may not impose financial liabilities on a diocese except in accordance with sch Pt 2, ch 5 s 32(1). This protects diocesan autonomy but also means synod cannot expect to shift costs to dioceses without clear consent mechanisms; auditors, trustees and programme planners must confirm diocesan ordinances or consents for any proposed charges.

5. Corporate trustee appointment constraints. The corporate trustees may be appointed as trustees of church trust property only with the consent of the diocesan synod where the property is under diocesan control, and with the consent of the controlling body where the property is held by a society, council, board or authority, sch Pt 2, ch 10 s 64(4). That restricts transfer of trusteeship and can complicate estate and trust planning.

6. Tribunal composition and availability. The appellate tribunal requires lay members who are, among other qualifications, or have been, Justices of the High Court or Supreme Court, or practising barristers or solicitors of at least ten years’ standing, sch Pt 2, ch 9 s 57(1). Sourcing suitably qualified lay members may be practically difficult in smaller jurisdictions, which could slow appeals and create availability bottlenecks.

7. Bishops’ prerogative of mercy follows a required pronouncement. The person to whom a recommendation is made may mitigate or suspend the sentence but must still pronounce the sentence recommended, sch Pt 2, ch 9 s 60(2). This formal pronouncement requirement may have reputational consequences regardless of mitigation and creates an awkward hybrid of enforcement and mercy.

8. Tribunals treated as arbitrators for compulsion but not necessarily for substantive enforcement. The designation of tribunals as arbitrators under state arbitration law gives them powers to produce evidence and secure attendance, s 9; sch Pt 2, ch 9 s 62. However that status does not by itself grant coercive penalties enforceable by courts, and the substantive penalties remain internal ecclesiastical measures. Parties seeking external remedies or injunctions in civil courts will confront the state-law inconsistency rule s 3 and must navigate whether a civil court will intervene in matters that the Constitution treats as internal.

9. Changes requiring high thresholds. Alteration of key provisions of the Constitution requires high thresholds and diocesan assent, sch Pt 2, ch 11 s 67. Organisations expecting rapid reform of governance or property arrangements may find the formal amendment pathways slow and procedurally expensive.

10. Documentary proof rules require care. Authenticated canons and the official seal are admissible in evidence without further proof, sch Pt 2, ch 4 s 25(2). That expedites proof where resolution is needed, but the documents themselves do not override state-law constraints, s 3. Legal advisers must check both the canonical document and underlying civil property/status law.

11. Commencement complexity where national scope is intended. The Constitution’s commencement is linked to parliamentary acts in five States and to a deed of bishops and to Gazette notices, sch Pt 2, ch 12 s 68. For stakeholders expecting immediate national effect, the multi-step commencement requirement can be a source of planning error.

12. Definitions that have operational bite. Key terms such as “church trust property”, “licence”, “member of this Church” and “missionary diocese” are defined in sch Pt 2, ch 12 s 74(1). Those definitions control eligibility, trusteeship rules and representation. For example the Table annexed determines representation quotas using a defined notion of “clergyman”, sch Table para 3.

Each of these points is sourced to the sections cited. Practitioners should map them against local trust law, diocesan ordinances and operational processes to avoid unintended consequences.

This section provides a practical, source-grounded compliance checklist for diocesan officers, bishops, synod secretaries, corporate trustees and legal advisers. Each item references the relevant provision of the Act or Constitution and describes the concrete steps to take.

1. Before making or implementing a canon, check state-law compatibility, s 3.

• Action: Commission a legal opinion on whether any proposed canon or rule implicates statutory rules under state law, especially trust law, property law, charity regulation and employment law.

• Rationale: Any canon contravening state law is ineffective to the extent of the contravention, s 3. That means internal compliance without civil-law check risks unenforceability.

2. Follow prescribed procedures for canons, and monitor special-bill timelines, sch Pt 2, ch 5 ss 27-30.

• Action: Ensure bills for canons are circulated to each diocese at least three months before the synod session, except where the standing committee allows a shorter notice not less than one month, and document the circulation; use the special-bill provisional third-reading and diocesan referral processes for ritual, ceremonial or discipline matters; track diocesan responses and standing committee advice.

• Rationale: Procedural non-compliance can prevent a canon from becoming effective, and the Constitution provides mechanisms to refer and suspend canons pending appellate tribunal determinations, s 29.

3. Where a canon affects order and good government or church trust property, secure diocesan adoption where required, sch Pt 2, ch 5 s 30.

• Action: Identify whether a canon is the sort that general synod has declared affects diocesan governance or trust property. If so, work with diocesan synods to draft ordinances for adoption and to get standing committee advice within the relevant windows.

• Rationale: The Constitution requires diocesan adoption in specified circumstances, and can create staggered application across dioceses, s 30(a)-(d).

4. For any canon or rule imposing financial obligations, secure diocesan assent or confine charges to the enumerated classes, sch Pt 2, ch 5 s 32.

• Action: Do not assume synod-wide power to impose financial liabilities on dioceses; either craft canons that fall within s 32(2)’s permitted classes of costs or obtain express diocesan ordinances consenting to the financial liability.

• Rationale: Synod cannot impose financial liabilities on dioceses except in accordance with s 32, and existing liabilities remain in force only until replaced under the Constitution.

5. When dealing with church trust property, check the 1917 Act and consent requirements for appointing corporate trustees, s 5; sch Pt 2, ch 10 s 64(4).

• Action: Before appointing the Trust Corporation as trustee of property, confirm whether the property is under the control of a diocesan synod or other church body; if so, obtain the required consent by ordinance of the synod or consent of the controlling body, and record consents in the registry.

• Rationale: The Trust Corporation’s appointment as trustee is conditional, s 64(4); failure to obtain consents can invalidate an appointment or provoke disputes.

6. Use tribunal arbitration powers strategically for evidence gathering, s 9; sch Pt 2, ch 9 s 62.

• Action: When preparing for tribunal proceedings, ensure that tribunal directions for witness attendance and document production are drafted with reference to the applicable state arbitration statute and the tribunal’s arbitration status, so that enforcement steps under the state arbitration regime can be invoked if necessary.

• Rationale: Tribunals are treated as arbitrators for the limited purpose of securing evidence and may therefore access statutory enforcement tools, s 9.

7. Maintain certified records and seal procedures for canons and resolutions, sch Pt 2, ch 4 ss 24-25.

• Action: Keep certified duplicates of every canon and resolution, authenticated by the President, chairman of committees and secretaries, and apply the official seal where required. Ensure that certified copies are filed and retrievable for admissibility in civil proceedings.

• Rationale: Authenticated copies bearing the official seal are admissible in evidence without further proof, sch Pt 2, ch 4 s 25(2).

8. Track tribunal appeal windows and composition requirements, sch Pt 2, ch 9 ss 57-60.

• Action: When a party is dissatisfied with a tribunal’s decision or sentence, note the 28-day appeal window and the requirement to lodge notice in the registries specified. Ensure potential appellate tribunal members meet eligibility requirements where the Church is responsible for nominations.

• Rationale: Appeals must be lodged within the prescribed period, and appellate tribunal composition has specific qualification requirements which can affect timing and member availability.

9. For amendments and major constitutional changes, plan for diocesan assent and supermajorities, sch Pt 2, ch 11 s 67.

• Action: Before proposing constitutional alterations, map the required assent threshold, prepare workstreams for diocesan ordinances, and design communications to secure the necessary diocesan synod votes and any parliamentary steps if national operation is intended.

• Rationale: Various parts of the Constitution require two-thirds house votes, majorities of dioceses, or three-quarters of diocesan synods including metropolitan sees; these are non-trivial hurdles.

10. Ensure commencement formalities are completed where the Constitution’s effective date or wider national operation is relevant, s 12; sch Pt 2, ch 12 s 68.

• Action: If a diocesan or Church body intends to rely on the Constitution’s operation, ensure the deed by diocesan bishops, the required state parliamentary enactments, and the Gazette notifications are in place; obtain and retain copies of the Commonwealth and State Gazettes purporting to record the appointed day, bearing the signatures noted.

• Rationale: Commencement depends on documentary and state parliamentary steps and the Act treats the Commonwealth Gazette copy purporting to be signed by one or more Metropolitans as conclusive evidence, s 12; sch Pt 2, ch 12 s 68(2).

11. For litigation or civil disputes, coordinate canonical and civil strategies.

• Action: When a dispute has civil-law implications, for example over trust property or trusteeship appointments, coordinate canonical tribunal processes with civil-law advice because a civil court may need to be involved to enforce property rights, despite the Constitution’s internal mechanisms and the arbitration status of tribunals.

• Rationale: The Constitution creates internal adjudication mechanisms and arbitration-style compulsion for evidence, but church canons are subject to state law, and property disputes may require civil resolution where canonical remedies do not provide civil enforcement.

12. Record membership and representative qualifications carefully.

• Action: Maintain accurate registers proving who is a “member of this Church”, who is licensed and who qualifies as a “clergyman” for representation and eligibility purposes, sch Pt 2, ch 12 s 74, Table. For lay representation, confirm age and communicant status.

• Rationale: Representation in general synod and eligibility for tribunal membership are defined and will determine voting rights, quorums and the validity of synod business.

These steps derive directly from the sections cited. They convert the Constitution’s formal requirements into a practical compliance programme for church legal officers, diocesan administrators and trustees.