Anglican Church of Australia Constitutions Act 1902
In ForceNSW
Jurisdiction
New South Wales
Act Number
aca of 1902
Collection
act
Plain English Summary
5/10 complexity
This Act replaces the old 19th‑century statute and establishes a single set of written constitutions (in the Schedule) that, together with Synod ordinances and rules, govern internal government and the holding and management of Church of England property in New South Wales. It binds members, diocesan officers, trustees and others holding Church property, centralises decision‑making in Diocesan/Provincial Synods and bishops, and makes Synod rules the controlling framework for church property and governance.
This Act adopts a single, state-level constitutional regime for the Church of England in New South Wales, makes that regime binding on members and on most church property held in trust, and sets out internal governance rules for diocesan and provincial Synods. Section 4 declares that the articles and provisions of the constitutions in the Schedule, and any ordinances and rules made under them, are "for all purposes connected with or in any way relating to the property of the Church of England within the State of New South Wales binding upon the members of the said Church." Section 5 extends that effect to persons holding real or personal estate in trust for or on behalf of the Church, subject only to express trusts or to lands already governed by specific ordinance or Act of Parliament.
The Act makes three structural legal changes. First, it substitutes the name "Church of England" in place of "United Church of England and Ireland" wherever found in existing statutes, grants and instruments (s 3). Second, it repeals a specific prior Act (30 Victoria) while preserving the validity of past acts and contracts under that repealed measure (s 2). Third, it enshrines the Schedule as the constitutions for diocesan and provincial governance, including detailed electoral procedures, quorum and voting rules, the power of Synod to make ordinances about Church property and governance (Schedule cl 3), and limits on the effect of ordinances (Schedule cl 3, cl 6).
Mechanically, the Act converts internal church rules into obligations that bind trustees and property-holders as if those rules were included in conveyances and trusts (s 5). It declares that ordinances and rules must not contravene state law (s 6), and it preserves the continued operation of other named Church Acts (s 7). The Schedule supplies granular procedures for convening Synods, the President’s role, election and certification of lay representatives, declarations required from voters and representatives, and the internal method for suspending or revoking clergy licences (Schedule cl 2, cl 8-13, cl 17, cl 21). It also prescribes a one-month period for Bishopial assent to Synod rules before they take effect, subject to reference to Provincial Synod (Schedule cl 6).
Current sections
Direct links to the current provisions in Anglican Church of Australia Constitutions Act 1902.
The Act thirty Victoria, intituled An Act to enable the members of the United Church of England and Ireland in New South Wales to manage the property of the said Church, is hereby repealed, but such repeal shall not prejudice or affect the previous operation of the said Act, or any proceeding, matter, or thing lawfully done or contracted to be done under the said Act before the commencement of this Act.
3
Name of Church
3 Name of Church
3 Name of Church
The name Church of England shall be substituted and read in all statutes, acts, grants, deeds, ordinances, and rules of Synod, and other instruments now in force or in existence for and instead of the name United Church of England and Ireland whenever occurring in any such statute, act, grant, deed, ordinance, rule, or other instrument.
4
Constitutions to be binding
4 Constitutions to be binding
4 Constitutions to be binding
The several articles and provisions of the constitutions contained in the Schedule to this Act, and any ordinances and rules to be made under or by virtue or in pursuance thereof, are and shall be for all purposes connected with or in any way relating to the property of the Church of England within the State of New South Wales binding upon the members of the said Church.
5
Church property to be held subject to constitutions
5 Church property to be held subject to constitutions
5 Church property to be held subject to constitutions
All persons now or at any time hereafter holding any real or personal estate in trust for or in any way on behalf or for the use of the Church of England, except in so far as such real or personal estate may be the subject of any express trust, and then so far as such express trust shall not extend, and except lands, the management of which may be already specially provided for by ordinance of Synod or by Act of Parliament, shall hold the said real and personal estate subject to the provisions of the said constitutions and of any ordinances or rules made thereunder, and shall be bound thereby as fully in all respects as if the said constitutions, ordinances, and rules were contained in a deed of conveyance and trust of the said real and personal estate.
6
No ordinance or rule to be in contravention of law
6 No ordinance or rule to be in contravention of law
6 No ordinance or rule to be in contravention of law
No ordinance or rule to be made under or by virtue or in pursuance of the said constitutions shall be in contravention of any law or statute in force for the time being in this State.
Constitutions for the management and good government of the Church of England within the State of New South Wales
sch Constitutions for the management and good government of the Church of England within the State of New South Wales
Schedule Constitutions for the management and good government of the Church of England within the State of New South Wales
Diocesan Synod to be held
President and time of holding
Power of Synod generally
Rules for conduct of business
Rules for future Synods
Mode of voting and quorum
Synod may call for accounts
Mode of convening Synod
Conduct of meeting
Representatives to be elected
Mode of election
Certificate of election
Vacancy in cure or absence of clergyman
Summoning of Chancellor and Registrar
Representation of St. Paul’s College
Electing representatives for districts
Declaration to be made
Provision for incapacity
Clergyman’s licence when to be withdrawn
Provision as to new Dioceses
Provincial Synod may be held
Defects and errors as to elections etc not to vitiate proceedings
Absence etc of Bishop
Nothing in contravention of law
Ordinances to be transmitted to the Archbishop of Canterbury
Amendments
Sch: Am 1976 No 12, Sch 1 (am 1984 No 153, Sch 16).
8
8
8
Subject to any other provision to be made by the Synod of a Diocese, the Bishop shall summon to the Synod of his Diocese each clergyman licensed to a separate cure of souls therein and representatives as hereinafter provided. And for electing such representatives the Bishop of the Diocese shall require each clergyman licensed to a separate cure of souls to summon a meeting of the members of the Church of the age of eighteen years or over who are occupiers of seats in any church within his cure of souls or declare that they usually attend the regular church services in such a church, at such time within limits which may be prescribed by the Bishop in such manner and at such place within the parish as to such clergyman may seem convenient; and every member so summoned and attending the meeting shall be entitled to vote at such election, but the clergyman summoning the meeting shall not be entitled to vote at such election save to give a casting-vote.
9
9
9
The clergyman, if present, shall act as chairman of the said meeting, and so soon as six persons in addition to the chairman are assembled, the meeting may proceed to business, and the chairman shall cause a list to be made of those who are present, and add thereto the names of any who subsequently attend before the proceedings are closed, and the chairman shall cause minutes to be taken of the proceedings. And every lay member of the Church shall, before taking part in or voting at such meeting, subscribe the following declaration:
“I, the undersigned A. B., do declare that I am a member of the Church of England and not a member of any other Church.”
10
10
10
Every such meeting shall, subject to any other provision to be made by the Synod of the Diocese, elect as representatives two persons of the age of eighteen years or over, each such person being a communicant of the Church.
11
11
11
In case at any such meeting the 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, each of whom may give one vote for such persons proposed as he may think fit, but not exceeding the number to be elected, and where the votes for two or more are equal, the chairman, who shall have no other vote, shall give a casting-vote in favour of either one or more of such persons as the case may require, and the chairman shall declare to the meeting the names of the persons elected.
12
12
12
The 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 shall forward them to the Bishop of the Diocese, together with the subscribed declarations, the lists which have been laid before the said meeting, and a certificate of the names, callings, and addresses of the persons elected to be laid before the Synod at its opening.
13
13
13
If the cure be vacant, or the clergyman be absent or unable from any other cause to act, the Bishop of the Diocese shall appoint a person to perform all the functions devolving on such clergyman under any of the five preceding sections of these consitutions.
14
14
14
The Bishop shall summon to the Synod as members thereof the Chancellor and the Registrar of the Diocese, who shall have the same rights, powers, and privileges as representative members, and may, also, summon such clergymen holding distinct official positions in the Diocese as the Bishop may determine: Provided that for every clergyman so summoned, a layman shall be elected as a representative member under regulations of the Synod made for the purpose.
15
15
15
The Warden of St. Paul’s College, within the University of Sydney, shall always be summoned to the Synod of that Diocese as a clerical member thereof, and two lay members of the Church, to be elected by the council of the said College from amongst themselves, shall likewise always be summoned to such Synod as representative members thereof, and the said Warden shall cause to be delivered to each member of the said council so elected and shall also forward to the Bishop a certificate of such election.
16
16
16
When a clergyman has several districts having separate churches under his parochial charge, the Bishop may require such clergyman to summon a meeting in connection with each of such churches in accordance with the provisions of clause eight to elect one representative for each such district: Provided that no parochial district shall elect more than three representatives in the aggregate.
17
17
17
Each representative shall, before taking part in or voting at any Diocesan Synod, sign and deliver to the president the following declaration:
“I, the undersigned A. B., do declare that I am a communicant member of the Church of England and not a member of any other Church.”
18
18
18, 19 (Repealed)
20
20
20
The Synod of each Diocese may also by ordinance make provision for dealing with cases of incapacity for, or inefficiency in, the discharge of ministerial duty by clergymen licensed by the Bishop within the Diocese, and may also make provision for the apportionment of any emoluments appertaining to the office of any such clergyman between the clergyman found incapable or inefficient and his successor.
21
21
21
The Synod of each Diocese shall have power to determine by ordinance in what cases the licence of a clergyman licensed within the Diocese may be suspended or revoked. Such licence may be suspended or revoked by the Bishop of the Diocese at a clergyman’s own request, or (after opportunity given to him to show cause) in such of the said cases as the Synod shall by ordinance determine. Save as aforesaid, the licence shall not be suspended or revoked, except as a consequence of a judgment or finding of the tribunal or of some other court of competent jurisdiction.
22
22
22
The provisions of these constitutions shall, save as hereinbefore provided, be held to be binding upon any new Diocese which shall be hereafter constituted in the State.
23
23
23
The Bishops and clerical and lay representatives of the Church in the several dioceses in the State of New South Wales shall meet in Provincial Synod under such articles and provisions as may have been, or may be from time to time, passed by the Provincial Synod, and assented to by all the said Dioceses. And, for the purpose of holding any session of the Provincial Synod the Bishop of Sydney as the Metropolitan Bishop shall, by writing under his hand and seal, summon the Bishop of each of the said Dioceses, and also require such Bishop to convene representatives of the Church in his Diocese at such time and place as the Metropolitan may deem fit.
24
24
24 (Repealed)
25
25
25
No rule, ordinance, or determination of any Diocesan Synod, or of any Provincial Synod, shall be vitiated by reason of the non-election, or non-appointment, or non- summoning of any person necessary to be elected, or appointed, or summoned thereto, respectively, or of any informality in or respecting any such election, appointment, or summoning.
26
26
26
In case of the absence from the Province of the Bishop of any Diocese, the powers by these constitutions vested in him shall be exercised by a commissary appointed by him, and in case no such commissary shall have been appointed, or the See be vacant, such powers shall be exercised by the person who shall have been appointed to administer the Diocese under the provisions of an ordinance of Synod or if no such appointment has been made by the person who shall then be the next in ecclesiastical rank or degree in the diocese, and resident therein, until the return of the Bishop or the assumption of office by his successor.
27
27
27
Provided always that no rule, ordinance, or determination of any Diocesan or Provincial Synod shall be made in contravention of any law or statute in force for the time being in the State.
28
28
28
Two copies of ordinances passed by the Synod of each Diocese shall be sent by the Bishop thereof to the Metropolitan, who shall send one copy, together with all ordinances passed by the Synod of his own Diocese, and the ordinances and determinations passed by any Provincial Synod to the Primate of the Church.
29
29
29
These articles and provisions may be amended by an ordinance passed by the Provincial Synod of the Church in the Province of New South Wales and adopted by the Synod of each Diocese in that Province if the amendment is ratified by, or made in accordance with, a canon of the General Synod of the Church.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Act
1 Name of Act
1 Name of Act
This Act may be cited as the Anglican Church of Australia Constitutions Act 1902.
s 1: Subst 1976 No 21, Sch 2.
2 Repeal
2 Repeal
2 Repeal
The Act thirty Victoria, intituled An Act to enable the members of the United Church of England and Ireland in New South Wales to manage the property of the said Church, is hereby repealed, but such repeal shall not prejudice or affect the previous operation of the said Act, or any proceeding, matter, or thing lawfully done or contracted to be done under the said Act before the commencement of this Act.
3 Name of Church
3 Name of Church
3 Name of Church
The name Church of England shall be substituted and read in all statutes, acts, grants, deeds, ordinances, and rules of Synod, and other instruments now in force or in existence for and instead of the name United Church of England and Ireland whenever occurring in any such statute, act, grant, deed, ordinance, rule, or other instrument.
4 Constitutions to be binding
4 Constitutions to be binding
4 Constitutions to be binding
The several articles and provisions of the constitutions contained in the Schedule to this Act, and any ordinances and rules to be made under or by virtue or in pursuance thereof, are and shall be for all purposes connected with or in any way relating to the property of the Church of England within the State of New South Wales binding upon the members of the said Church.
5 Church property to be held subject to constitutions
5 Church property to be held subject to constitutions
5 Church property to be held subject to constitutions
All persons now or at any time hereafter holding any real or personal estate in trust for or in any way on behalf or for the use of the Church of England, except in so far as such real or personal estate may be the subject of any express trust, and then so far as such express trust shall not extend, and except lands, the management of which may be already specially provided for by ordinance of Synod or by Act of Parliament, shall hold the said real and personal estate subject to the provisions of the said constitutions and of any ordinances or rules made thereunder, and shall be bound thereby as fully in all respects as if the said constitutions, ordinances, and rules were contained in a deed of conveyance and trust of the said real and personal estate.
Those are the mechanical changes. The Act therefore shifts authority over property and governance from purely private trust arrangements and varied local practice into a statutory constitutional framework that binds church members and many trustees, while also preserving interplay with express trusts, other Acts, and the limits imposed by general state law.
Main concepts
The instrument rests on a small set of core concepts that determine its legal effect.
Constitutions and binding effect: The Schedule contains the constitutions for management and government of the Church of England in NSW. Section 4 states that those constitutions and ordinances made under them are binding "for all purposes connected with or in any way relating to the property of the Church" (s 4). Section 5 takes that further by requiring persons holding real or personal estate in trust for the Church to hold such estate subject to the constitutions and ordinances, to the extent not displaced by an express trust or special statutory/ordinance arrangements (s 5).
Property and trust interface: The Act treats the constitutions as if they formed part of a deed of conveyance and trust for church property (s 5). That is a statutory incorporation mechanism: trustees who hold property for the Church in the State are required to hold it subject to the statutory constitutions, unless an express trust says otherwise or subject to land specifically managed by ordinance or Act (s 5).
Limits and supremacy of civil law: Ordinances and rules made under the constitutions must not contravene any law or statute in force in the State (s 6; Schedule cl 27). Where the Bishop withholds assent to a Synod rule, the rule can be referred to a Provincial Synod (Schedule cl 6). The Act preserves other Church Acts named in s 7 and does not supersede or abrogate them.
Internal governance architecture: The Schedule provides detailed governance mechanics: a Synod in each Diocese, convened annually by the Bishop with a three-year electoral cycle for a new Synod (Schedule cl 2); the Bishop (or commissary) as president who may not vote (Schedule cl 2); Synod power to make ordinances on order, governance and management of church property, subject to statutory limits and protections of vested rights (Schedule cl 3); quorum and voting rules (Schedule cl 6); and the process for election and certification of lay representatives (Schedule cl 8-13, cl 16).
Clergy licences and discipline: The Schedule gives Synods the power to define by ordinance the cases in which a clergyman’s licence may be suspended or revoked, and allows the Bishop to suspend or revoke at the clergyman’s request or where Synod ordinances provide such cases. Absent those paths, licence suspension or revocation is limited to consequences flowing from a tribunal or other competent court decision (Schedule cl 21).
Communication and amendment pathways: Ordinances must be transmitted up the chain: two copies are to be sent by the Bishop to the Metropolitan; the Metropolitan forwards one copy along with his own diocesan ordinances and provincial determinations to the Primate (Schedule cl 28). Amendments to the articles and provisions require a Provincial Synod ordinance adopted by each Diocesan Synod and ratified by or made in accordance with a canon of the General Synod (Schedule cl 29).
These concepts create an institutional framework that converts internal ecclesiastical governance into state-recognised obligations over property and governance, while preserving conventional legal limits such as express trusts and compliance with state law.
Who it affects
The Act creates binding effects across several identifiable groups and legal actors. The text itself defines or mentions the following affected parties.
Members of the Church of England in New South Wales: Section 4 expressly states that the constitutions and ordinances are binding upon members in relation to church property. The governance provisions in the Schedule apply to "members of the Church of England in Australia in any Diocese within the State" and to the Bishops, clerical and lay representatives (Schedule cl 1, cl 2, cl 23).
Trustees and persons holding property for the Church: Section 5 binds "all persons now or at any time hereafter holding any real or personal estate in trust for or in any way on behalf or for the use of the Church of England" to hold such estate subject to the constitutions and ordinances, except insofar as an express trust governs the asset or where land management is already provided for by ordinance or Act (s 5). The statutory language treats those obligations as if the constitutions were contained in the deed of conveyance and trust.
Bishops and diocesan officers: The Bishop of each Diocese has multiple roles: summoning and presiding at Synod (Schedule cl 2), appointing commissaries when absent (cl 26), sending copies of ordinances to the Metropolitan (cl 28), and signifying assent to ordinances within one month for validity (cl 6). The Bishop cannot vote in Synod (cl 2). The Bishop also summons each clergyman licensed to a separate cure and may require clergymen to convene parish meetings for electing lay representatives (cl 8).
Clergy: Clergy licensed to a separate cure are summoned to Synod (cl 8) and have both duties and protections under the constitutions. Their licences may be suspended or revoked in certain ways set by Synod ordinance or after tribunal/court findings (cl 21). Synods can make ordinances dealing with incapacity or inefficiency in ministerial duty and apportionment of emoluments (cl 20).
Lay representatives and communicant voters: The election provisions require lay voters to be of age eighteen and to make a declaration that they are members of the Church of England and not members of any other Church (cl 9). Representatives must be communicants and must subscribe a declaration before participating in Synod (cl 10, cl 17). The clergyman chairing elections does not vote except to cast a casting vote (cl 8, cl 11).
Provincial and General Church organs: The Metropolitan (the Bishop of Sydney) and the Primate are recipients in the transmission chain for ordinances (cl 28). Amendments to the Schedule require Provincial Synod adoption and ratification by, or alignment with, a canon of the General Synod (cl 29). Section 7 also preserves other named Church Acts that remain in operation.
Persons involved in church property management and parish administration: The Synod has power to call for accounts from any person holding Church property in the Diocese (cl 7), and ordinances may regulate election or appointment of church-wardens and trustees for churches, burial grounds, church lands and parsonages (cl 3). That places recordkeeping and accountability duties on those officers and holders of property.
In practical terms, the Act binds a combination of private actors (trustees, parish officers), ecclesiastical office-holders (Bishops, clergy, wardens), and representative lay members. It directly affects governance practices (how Synods are convened and vote), property holdings (how trusts are administered to conform with the constitutions), and clergy discipline and licencing. The Act does not, within the text provided, create obligations beyond these groups; any interaction with civil offices or statutory public registers is not specified in the instrument itself.
Key duties and rights
The Act and its Schedule create a suite of duties and some rights across ecclesiastical office-holders, trustees, and representatives. The text prescribes both substantive duties and procedural rights; these are summarised and tied to specific provisions.
Duties imposed on trustees and property-holders
Hold property subject to constitutions: Section 5 requires persons holding real or personal estate for the Church to hold that estate subject to the constitutions and ordinances, except where an express trust governs or where land management is already specifically provided for (s 5). The formula used is that they "shall be bound thereby as fully in all respects as if the said constitutions, ordinances, and rules were contained in a deed of conveyance and trust of the said real and personal estate" (s 5). That is a statutory duty of conformity for trustees and other holders.
Duties of Synods
Make ordinances on governance and property: Schedule cl 3 grants each Diocesan Synod power to make ordinances concerning "order and good government" and the "management and disposal of all Church property, moneys, and revenues," subject to preservation of "specifically appropriated" funds, specific trusts, vested rights, and compliance with Acts of Parliament (Schedule cl 3).
Call for accounts: Schedule cl 7 empowers Synods to require persons holding Church property to "render a full account" of property, and how it is applied and disposed of.
Provide for clergy incapacity and emoluments apportionment: Schedule cl 20 allows Synods to make ordinances providing for incapacity or inefficiency in ministerial duty and apportionment of emoluments between an incapacitated clergyman and a successor.
Define licence suspension/revocation cases: Schedule cl 21 permits Synods, by ordinance, to determine in what cases a clergyman's licence may be suspended or revoked, with the Bishop empowered to act at the clergyman's request or in the cases so identified.
Duties of Bishops and procedural protections
Summon and preside at Synod: Schedule cl 2 requires the Bishop to convene Synod yearly, and specifies the Bishop (or an appointed commissary) as president, with powers to adjourn, prorogue and dissolve the Synod with Synod concurrence. The Bishop may not vote in Synod (cl 2).
Assent to ordinances for validity: Schedule cl 6 provides that no Synod rule or ordinance takes effect unless the Bishop signifies his assent in writing within one month of passing; a rule to which the Bishop does not assent may be referred to Provincial Synod.
Appoint commissary: Schedule cl 2 and cl 26 allow the Bishop to appoint a commissary to exercise his powers during absence, or designate alternative officeholders where no commissary is appointed.
Rights and procedural safeguards for lay members and representatives
Election and voting procedures: Schedule cl 8-13 set out the duty on clergymen to summon parish electoral meetings, the form of the declaration required before voting ("I … do declare that I am a member of the Church of England and not a member of any other Church" , cl 9), minimum voter assemblage to conduct business (chairman plus six persons clause in cl 9), certificate and minutes procedures (cl 12), and that representatives must be communicants and at least eighteen (cl 10).
Declaration by representatives: Schedule cl 17 requires each representative to sign a declaration that they are a communicant member of the Church of England and not a member of any other Church before participating.
Quorum and voting thresholds: Schedule cl 6 sets an initial quorum rule of not less than one-quarter of the members of each order at the first meeting, specifies that ordinances are made by a majority of clergy and representative members present and voting collectively, and allows a vote by orders where eight members of one order request it. Where voting is by orders, a majority of each order present is required.
Limits and constraints
No contravention of state law: Section 6 and Schedule cl 27 make clear that no ordinance or rule under the constitutions shall contravene any law or statute in force in the State, and the Schedule repeats that no Synod rule shall be made in contravention of any law (Schedule cl 27).
Protection of express trusts and vested rights: Schedule cl 3 and s 5 protect specifically appropriated funds, the subject of specific trusts, and vested rights from being diverted by Synod ordinances.
Enforcement rights and duties
Power to call accounts (Schedule cl 7) and to make binding ordinances on property management (Schedule cl 3); licence discipline (Schedule cl 21) but suspension or revocation beyond Synod-defined cases is limited to tribunal or court findings. The Act does not create a separate civil penalty regime within the text provided; enforcement relies on the constitutionality of the ordinances, internal Synod mechanisms, and the fact that trustees hold property subject to the statutory constitutions (s 5), enabling legal actions in courts where trust or statutory obligations are contested.
In sum, the Act creates duties chiefly centred on property conformity with the constitutions, Synod legislative powers over governance and property, Bishopial procedural gatekeeping and non-voting presidency, and specified electoral and declaration processes for lay participation. Rights of representation, vote, and procedural challenge (e.g. referral to Provincial Synod) are included, and the system is constrained by state law and pre-existing express trusts.
Penalties and enforcement
The Act does not create an express penalty regime of fines or criminal sanctions for breach. Enforcement, as expressed in the instrument, operates through internal constitutional mechanisms, statutory imposition of obligations on trustees, and the existing civil and ecclesiastical adjudication routes implicit in the text.
Internal enforcement mechanisms
Binding ordinances: Sections 4 and 5 make ordinances and constitutions binding on members and trustees. The statutory effect , treating constitutions as if contained in conveyances and trusts (s 5) , gives internal rules a civil enforceability dimension. A trustee who refuses to comply with those statutory obligations may thus be subject to civil action for breach of trust or statutory duty, although the Act itself does not specify remedy types.
Synod accountability powers: Schedule cl 7 authorises a Diocesan Synod to call on any person holding Church property to render a full account of the property and its application. That power imposes a duty to produce accounts; failure to do so would likely engage internal disciplinary processes and civil enforcement mechanisms available to Synods and possibly courts.
Discipline of clergy and licence suspension/revocation
Synod-defined suspension/revocation framework: Schedule cl 21 permits Synods to define, by ordinance, cases in which a clergyman’s licence may be suspended or revoked. The Bishop may suspend or revoke a licence at the clergyman’s own request, or after opportunity to show cause in cases determined by Synod ordinance. Absent such Synod-provided cases, suspension or revocation can occur only as a consequence of "a judgment or finding of the tribunal or of some other court of competent jurisdiction." That creates a two-track enforcement route: internal disciplinary action where Synod ordinance authorises it, and external judicial/tribunal consequence where such a finding occurs.
Protections via procedural requirement: The text requires opportunity to show cause before suspension or revocation in Synod-defined cases (cl 21), which provides a procedural safeguard.
Role of civil courts and statutory limits
Non-contravention clause: Section 6 (and Schedule cl 27) bars ordinances from contravening state law. This operates as a limit on Synod powers and an avenue for civil review: ordinances in conflict with state statutes would be vulnerable to challenge in civil courts on that ground.
Preservation of express trusts and other Acts: Section 5 preserves the effect of express trusts and lands governed by other statutes or ordinances, and s 7 expressly preserves specific Church Acts named. That limits the reach of Synod ordinances and creates legal hooks for enforcement through trust law and statutory interpretation.
Absence of criminal penalties in text
The Act contains no explicit criminal penalties or specified civil fines for non-compliance with its provisions. Where the Act imposes binding status on constitutions and ordinances (s 4, s 5), the likely enforcement mechanisms are civil (injunctions, declarations, orders for account, trust remedies) and ecclesiastical (licence suspension or removal in authorised cases), but those remedies are not enumerated in the statute itself.
Practical enforcement pathways implied by the text
Civil proceedings in courts of competent jurisdiction for disputes over trusts and property, relying on the statutory incorporation in s 5 and the requirement that ordinances not contravene law (s 6).
Internal Synod processes: review, referrals to Provincial Synod where the Bishop withholds assent (Schedule cl 6), and Synod-defined disciplinary mechanisms for clergy (cl 21).
Request and production of accounts under Schedule cl 7, with non-production likely giving rise to further Synod action or civil remedies.
In short, enforcement under this Act is predominantly structural and civil: the statute converts constitutions into binding obligations and leaves enforcement to internal Synod mechanisms and to existing civil and ecclesiastical adjudicative processes, without establishing a separate penal code within the Act itself.
How it interacts with other laws
The Act sets explicit interaction rules with other statutory and trust-law regimes, and contains several preservation and supremacy clauses that determine legal relationships.
Non-contravention of state law
Section 6 provides a clear operating constraint: "No ordinance or rule to be made under or by virtue or in pursuance of the said constitutions shall be in contravention of any law or statute in force for the time being in this State." The Schedule repeats the principle (Schedule cl 27). This places state statutes and common-law rights above any ordinance made under the Act, thereby making civil courts the ultimate arbiter where ordinances clash with state law.
Preservation of specific Church Acts
Section 7 lists and preserves other Church Acts: Church of England Trust Property Incorporation Act 1881, Sydney Bishopric and Church Property Act 1887, Church of England Property Act of 1889, and the Church Acts Repealing Act of 1897. The Act expressly states it "shall not repeal or in any way cut down or abridge the provisions" of those Acts (s 7). Where provisions of those Acts operate concerning property or corporate status, they remain in effect alongside the constitutions in this Act.
Relationship with express trusts and statutory land management
Section 5 includes two key carve-outs to the general rule that Church property is held subject to the constitutions. First, express trusts remain effective: "except in so far as such real or personal estate may be the subject of any express trust, and then so far as such express trust shall not extend" (s 5). That means a trust instrument with express terms inconsistent with the constitutions will limit the application of the constitutions to the extent the express terms operate. Second, lands whose management "may be already specially provided for by ordinance of Synod or by Act of Parliament" are excluded from the general statutory overlay (s 5). These carve-outs create potential conflicts of interpretation where trust instruments or other Acts provide different governance mechanisms.
Interaction with General Synod and canon law
Schedule cl 29 provides that amendments to the articles and provisions require an ordinance passed by Provincial Synod, adoption by each Diocesan Synod, and ratification by, or compliance with, a canon of the General Synod. That embeds a cross-jurisdictional interaction between state statute and internal church law, and requires alignment with General Synod canons for amendments, making federal ecclesiastical instruments an input into legal change.
Transmission and hierarchical communication
Schedule cl 28 requires transmission of ordinances: two copies by the Bishop to the Metropolitan, who forwards one copy together with his own diocesan ordinances and provincial determinations to the Primate. The Schedule header refers to transmission to the Archbishop of Canterbury, but the operative clause specifies the Metropolitan and the Primate. This constructs internal reporting lines and points to pathways for inter-jurisdictional ecclesiastical oversight.
Legal consequences and remedy routes
Given the statutory incorporation of the constitutions into trust relationships (s 5), traditional trust-law remedies (injunctions, declarations, accounting, removal of trustees) and judicial review over conflicts with state law are likely avenues for resolving disputes, even though the Act itself does not catalogue remedies. The Act’s non-contravention clause (s 6) is the explicit textual pathway for civil-law challenge.
In sum, the Act is designed to operate within and alongside existing state laws and specific Church Acts. Its interaction with other laws is governed by preservation clauses for named Acts and by the express provision that ordinances must comply with state law and existing express trusts. The Schedule’s amendment pathway also requires co-ordination with General Synod canons, producing a hybrid statutory-canonical amendment mechanism.
Amendment history
The instrument contains limited express amendment history notes within its text. The following points are directly drawn from the statutory text and schedule annotations supplied.
Section 1 substitution entry: The text records that s 1 was substituted by "1976 No 21, Sch 2" (s 1: Subst 1976 No 21, Sch 2). That indicates a 1976 amendment to the Act's name provision, though the full drafting detail of the substitution is not reproduced in the provided text beyond that annotation.
Schedule amendment entries: The Schedule contains an annotation "Sch: Am 1976 No 12, Sch 1 (am 1984 No 153, Sch 16)." That identifies two amendment events affecting the Schedule , one in 1976 (No 12) and another in 1984 (No 153). The text provided does not reproduce the exact content of those amendments, only the citation to amending instruments.
Repeal of prior Act preserved: Section 2 repeals "the Act thirty Victoria, intituled An Act to enable the members of the United Church of England and Ireland in New South Wales to manage the property of the said Church," but preserves prior operations and proceedings under the repealed Act by saving clause language (s 2). That repeal is itself an enacted legislative change recorded in this instrument.
Internal amendment mechanism: Schedule cl 29 provides the statutory route for amending the constitutions themselves: an amendment requires an ordinance of the Provincial Synod and adoption by each Diocesan Synod, and must be ratified by, or made in accordance with, a canon of the General Synod. That clause creates the internal amendment process for the Schedule’s articles, embedding an ecclesiastical procedure into the Act for future changes.
No other amendment history detail, dates, or textual traces appear in the supplied material. The text does not present a chronological list of all past amendments or consolidated versions; it contains only the annotations summarised above and the internal amendment mechanism. Any deeper amendment genealogy or the text of the 1976 and 1984 amendments would need to be obtained from the cited amending instruments or the parliamentary statute records; those materials are not reproduced in the provided text.
Litigation history
The statute and the Schedule, as provided, do not include any decisions, judicial precedents, or litigation annotations. The text names no cases and records no judicial interpretations. The only legal-temporal references are the statutory amendments and repeals recorded within the Act and the Schedule (for example the repeal in s 2 and the amendment annotations cited in s 1 and the Schedule). There is no material in the provided instrument that documents judicial constructions, reported disputes, or litigation outcomes applying the Act or its Schedule.
Consequently, the provided source offers no litigation history to summarise: there are no cases, judgments or tribunal findings cited within the instrument itself that clarify or construe its provisions. Where the Act contemplates external adjudication, for example by limiting licence suspension outside Synod-defined cases to "a judgment or finding of the tribunal or of some other court of competent jurisdiction" (Schedule cl 21), that clause assumes external bodies but does not reference any specific decisions. Any case law interpreting the operation of the constitutions, the binding effect of the Schedule on trustees, the relationship with express trusts or with the preserved Church Acts, or disputes over Bishop assent and Provincial Synod referrals would need to be located in judicial databases and are not provided in the text under review.
Therefore the instrument as provided has no litigation history within its text. Practitioners seeking precedent-based guidance should consult reported decisions and tribunal materials external to this Act.
Gotchas
This Act contains several textual features and procedural rules that create practical pitfalls and points of legal friction for trustees, clergy, parish officers and Synod organisers. The following items are drawn directly from the provisions and identify concrete legal risks, strict procedural requirements and frequent sources of dispute.
Statutory incorporation of constitutions into trusts
Section 5 binds most persons holding real or personal estate for the Church to hold that property subject to the constitutions and ordinances, "as fully in all respects as if the said constitutions ... were contained in a deed of conveyance and trust of the said real and personal estate" (s 5). Practically, property-holders who assumed their obligations were governed only by private trust deeds may be surprised to find statutory obligations layered onto their duties. Where trusts are silent or ambiguous, the constitutions apply unless there is an express trust to the contrary; the absence of an express clause will not exclude the constitutions.
Express trusts and specially provided lands carve-outs
Section 5 carves out express trusts and lands managed by ordinance or Act, but the textual formula makes application dependent on interpretation of "express trust" scope and whether land management is already "specially provided for." That leaves room for factual disputes about whether a trust instrument is sufficiently "express" to displace the constitutions, and whether a statutory or ordinance regime already governs particular land. Such disputes are ripe for litigation or internal challenge.
Ordinances must not contravene state law, but who decides?
Section 6 and Schedule cl 27 require ordinances to be lawful. The Act does not set out an internal mechanism for pre-validating legality, so synods and bishops may adopt ordinances later held void or unenforceable by civil courts. That timing risk , enforcement after enactment , creates uncertainty for trustees implementing property decisions before judicial resolution.
Bishopial assent window and validity risk
Schedule cl 6 requires the Bishop to signify assent in writing within one month of passing a rule or ordinance, otherwise it may be referred to Provincial Synod. Failure to obtain timely written assent would render the ordinance ineffective. As a result, clerks and Synod officers must track the one-month window and avoid acting on ordinances until assent is signified.
Voting by orders and majority mechanics
Schedule cl 6 provides that ordinances are made by majority of clergy and representative members collectively, but allows a vote by orders if eight members of one order so desire, in which case a majority in each order is required. This layered voting mechanism allows minority procedural requests to change the required thresholds (for example, a coordinated minority of eight members in one order can force a higher hurdle). Misunderstanding of when votes must be taken by orders can invalidate decisions.
Election formalities and declarations
The Schedule prescribes specific electoral procedures: a meeting must have the clergyman chair and at least six persons plus the chairman for business to proceed (cl 9); electors must make a signed declaration that they are members of the Church of England and not of any other Church (cl 9); representatives must be communicants and make a further declaration (cl 10, cl 17). Failure to follow those formalities , improper summoning, absent declarations, or insufficient numbers , can give rise to challenges to representative elections and hence to the validity of Synod composition.
Clergyman chair’s limited vote and casting-vote rule
The clergyman summoning an electoral meeting "shall not be entitled to vote at such election save to give a casting-vote" (cl 8, cl 11). This unusual restriction means if the chair participates improperly, or there is confusion about the chair’s voting role, election results can be attacked.
Licence suspension/revocation constraints
Schedule cl 21 allows Synods to specify suspension/revocation cases, and requires opportunity to show cause; otherwise suspension/revocation requires a tribunal or court finding. That duality means clergy discipline relies on either Synod-created processes (which may vary across Dioceses) or civil/tribunal adjudication, creating inconsistent standards and procedural complexity.
Transmission of ordinances , administrative compliance trap
Schedule cl 28 directs Bishops to send two copies of ordinances to the Metropolitan who forwards one to the Primate. Failure to transmit properly risks questions about notice, hierarchical oversight, and record-keeping obligations. Record and certificate procedures for elections (cl 12) create parallel administrative duties; failure to produce or forward such certificates can disrupt Synod roll calls.
Amendment procedure requires multiple layers
Schedule cl 29 requires Provincial Synod ordinance adoption by each Diocesan Synod and ratification by, or accord with, a General Synod canon. That multi-tier amendment route creates procedural complexity for change, and risks deadlock where dioceses or the General Synod differ. Change attempts that fail to meet one link of the chain may be ineffective.
Preservation of other Church Acts
Section 7 preserves specified earlier Acts. Practitioners must check whether any corporate or property arrangements continue to be governed by those Acts rather than the constitutions; failing to do so can lead to conflicting governance approaches.
These "gotchas" are concrete procedural and interpretative risks embedded in the statutory text. They translate into opportunity costs for trustees and diocesan administrators, who must allocate time to certify electoral forms, monitor Bishopial assents, and reconcile existing trusts or statutory regimes with the constitutions. The instrument creates a mix of clear procedures and interpretative gaps that tend to concentrate legal friction on trustees and parish officers tasked with compliance.
How to comply
Compliance under this Act is procedural and documentary as much as substantive. The statutory text prescribes precise steps, formalities and timeframes that trustees, bishops, Synod administrators, clergy and lay representatives must follow. The following is a practical checklist, drawn directly from the provisions, to align governance and property management with the Act.
For trustees and persons holding church property (Section 5 obligations)
Review trust instruments and conveyances: Identify express trusts. Section 5 preserves express trusts; where a trust is express and inconsistent with the constitutions, the express trust will limit the application of the constitutions "so far as such express trust shall not extend" (s 5). Document those express trusts and seek legal clarification where wording is ambiguous.
Treat property as held subject to the constitutions where no express trust exists: If the trust is not express, adjust management and decision-making to conform with the constitutions and ordinances, because s 5 makes them binding "as if ... contained in a deed of conveyance." Update trustee resolutions and minutes to cite the constitutions when making property decisions.
For Diocesan Synods and Bishops (governance and ordinance processes)
Convene Synods per Schedule cl 2: Ensure Synod is convened at least once a year by Bishopial summons, with a new Synod elected at least once every three years. Keep written summons records.
Track the one-month Bishop assent clock (Schedule cl 6): After passing any rule or ordinance, obtain the Bishop’s written assent within one month; otherwise refer the matter to Provincial Synod as provided in the Schedule. Maintain a clear administrative calendar to prevent inadvertent lapses.
Preserve compliance with state law: Before publishing or implementing ordinances, check they do not contravene any state law (s 6; Schedule cl 27). Obtain legal advice where ordinances touch on property, employment, taxation or other regulated matters.
For election and representation (Schedule cl 8-13, cl 16-17)
Conduct parish electoral meetings according to the Schedule: Clergymen must summon meetings of members aged eighteen or over who occupy seats or usually attend regular services. Ensure notices specify time and place within limits prescribed by the Bishop (cl 8).
Keep minimum attendance and record-keeping: A clergyman chairman plus at least six persons must be present for business to proceed (cl 9). Prepare attendance lists, subscribe the required declaration forms (cl 9), and take minutes. Maintain and forward the signed minutes, declarations and certificates to the Bishop for Synod opening as required (cl 12).
Verify eligibility and declarations: Elect two representatives of at least eighteen years who are communicants (cl 10). Require electors’ declaration: "I … do declare that I am a member of the Church of England and not a member of any other Church" (cl 9). Require representatives’ declaration before participation in Synod (cl 17). Retain all signed declarations as part of the Synod record.
For Synod voting and quorums (Schedule cl 6)
Ensure quorum and voting rules are followed: At the first meeting of a Synod, ensure at least one-quarter of members of each order are present (cl 6). Document any request to vote by orders; if such a request is made by eight members of one order, conduct voting by orders and require a majority in each order for the motion to pass.
Record order and manner of votes: Keep precise voting records to prove compliance with collective-majority or order-majority rules, as appropriate.
For clergy discipline and emoluments (Schedule cl 20-21)
Follow Synod ordinances for incapacity: If a Synod creates ordinances dealing with incapacity or inefficiency, ensure processes comply with the ordinance and provide the opportunity to show cause where required (cl 20, cl 21).
Use tribunal or court routes when Synod ordinance does not apply: Recognise that outside Synod-defined cases, suspension or revocation of licence requires a tribunal or court finding (cl 21). Seek appropriate legal or tribunal proceedings if external adjudication is necessary.
For record transmission and hierarchical reporting (Schedule cl 28)
Transmit ordinances promptly: Send two copies of diocesan ordinances to the Metropolitan; expect the Metropolitan to send a copy and other materials to the Primate as required (cl 28). Maintain proof of dispatch and receipt.
Keep centralised records: File and retain copies of ordinances, minutes, certificates of election and signed declarations to demonstrate compliance if challenged.
For amendments (Schedule cl 29)
Follow the amendment chain: To amend the Schedule articles, secure an ordinance from Provincial Synod, adoption by each Diocesan Synod, and ratification by or accordance with a General Synod canon (cl 29). Plan timelines and coordination across dioceses and the General Synod for any proposed change.
For interactions with preserved Acts (Section 7)
Check whether any property or governance arrangements remain governed by the Acts preserved in s 7. Where such Acts apply, reconcile their provisions with the constitutions; seek legal advice to resolve inconsistencies.
Administrative and legal steps
Legal review of ordinances: Before adopting ordinances with property, contractual or employment implications, obtain legal advice on compliance with state law and existing express trusts to avoid invalidity under s 6 and conflicts with s 5.
Training and procedural documentation: Train parish clerks and Synod officers on declaration forms, election protocols, quorum requirements and the Bishopial assent timeframe to reduce procedural challenges.
Accounting and audit readiness: As Synods can call for full accounts (Schedule cl 7), maintain up-to-date financial records and source documentation for property applications and revenue disbursements.
Following the statutory text closely will reduce the risk of invalid ordinances, election challenges, contested trust administration and clergy discipline disputes. Where the text leaves interpretative gaps (e.g. scope of "express trust"), obtain legal advice promptly and document the reasoning and minutes supporting any controversial decision.
Section 6No ordinance or rule to be in contravention of law
6 No ordinance or rule to be in contravention of law
6 No ordinance or rule to be in contravention of law
6 No ordinance or rule to be in contravention of law
No ordinance or rule to be made under or by virtue or in pursuance of the said constitutions shall be in contravention of any law or statute in force for the time being in this State.
7 Not to affect other Church Acts
7 Not to affect other Church Acts
7 Not to affect other Church Acts
This Act shall not repeal or in any way cut down or abridge the provisions of the Church of England Trust Property Incorporation Act 1881, the Sydney Bishopric and Church Property Act 1887, the Church of England Property Act of 1889 or the Church Acts Repealing Act of 1897.
sch Constitutions for the management and good government of the Church of England within the State of New South Wales
sch Constitutions for the management and good government of the Church of England within the State of New South Wales
Schedule Constitutions for the management and good government of the Church of England within the State of New South Wales
Diocesan Synod to be held
President and time of holding
Power of Synod generally
Rules for conduct of business
Rules for future Synods
Mode of voting and quorum
Synod may call for accounts
Mode of convening Synod
Conduct of meeting
Representatives to be elected
Mode of election
Certificate of election
Vacancy in cure or absence of clergyman
Summoning of Chancellor and Registrar
Representation of St. Paul’s College
Electing representatives for districts
Declaration to be made
Provision for incapacity
Clergyman’s licence when to be withdrawn
Provision as to new Dioceses
Provincial Synod may be held
Defects and errors as to elections etc not to vitiate proceedings
Absence etc of Bishop
Nothing in contravention of law
Ordinances to be transmitted to the Archbishop of Canterbury
Amendments
Sch: Am 1976 No 12, Sch 1 (am 1984 No 153, Sch 16).
1
1
The members of the Church of England in Australia in any Diocese within the State shall meet in Synod as hereinafter provided.
2
2
The Synod in each Diocese shall be convened in the manner herein provided, save in so far as the same may be altered by a Synod acting under the provisions hereinafter contained. And such Synod shall be convened and holden once in every year by summons of the Bishop of the Diocese, stating the time and place of meeting. And the Bishop of the Diocese, or in his absence a commissary appointed by him in writing, shall be president of the Synod, and may adjourn, prorogue, and dissolve the same with the concurrence of the Synod. And a new Synod shall be elected and convened at least once in every three years. And it shall not be lawful for the president to vote on any question or matter arising in the Synod. And the provisions hereinbefore contained shall be applicable to any Diocese which may be hereafter constituted within the State.
3
3
The Synod of each Diocese may make ordinances upon and in respect of all matters and things concerning the order and good government of the Church of England and the regulation of its affairs within the Diocese, including the management and disposal of all Church property, moneys, and revenues (not diverting any specifically appropriated, or the subject of any specific trust, nor interfering with any vested rights), except in accordance with the provisions of any Act of Parliament, and for the election or appointment of church-wardens and trustees of churches, burial grounds, church lands, and parsonages. And all ordinances of the Synod shall be binding upon the Bishop and his successors, and all other members of the Church within the Diocese, but only so far as the same may concern their respective rights, duties, and liabilities as holding any office in the said Church within the Diocese.
4
4
The Synod of each Diocese may make rules for the conduct of all business coming before it, and for trying the validity of the election of any representative, and for supplying any vacancy in the Synod which may be occasioned by death, resignation, or any other cause, and for determining for what reason any representative shall be disqualified from sitting and voting in the Synod.
5
5
The Synod of each Diocese may make rules for altering the periods within which and the manner in which subsequent Synods shall be convened, and the mode of electing representative members, and for regulating the number of the clergy and representative members to be respectively summoned to any future Synod, and as to the manner in which such regulation shall be effected, and as to the number necessary to constitute a quorum: Provided that the declarations hereinafter imposed and no other shall be required either from members of the Church voting at the election of representatives or from such representatives when elected.
6
6
At the first meeting of a Synod in any Diocese the presence of not less than one-fourth of the members of each order shall be necessary to constitute a quorum. And every rule or ordinance of a Synod shall be made by a majority of the clergy and representative members present and voting collectively: Provided that in any Synod if any eight members of one order shall so desire the votes shall be taken by orders and, if a vote be taken by orders, a majority of members of each order present and voting shall be required: Provided that no such rule or ordinance shall take effect or have any validity unless within one month after the passing of the same the Bishop shall signify his assent thereto in writing: Provided also that any such rule or ordinance to which the Bishop shall not assent may be the subject of reference to and determination by any Provincial Synod composed of the representatives of the Diocesan Synods of the State of New South Wales.
7
7
The Synod of each Diocese may call upon any person holding property belonging to the Church in the Diocese or in any parish thereof, or in which the Church or any such parish is in any manner interested, to render a full account of all such property, and of the manner in which the same and every part thereof is applied and disposed of.
8
8
Subject to any other provision to be made by the Synod of a Diocese, the Bishop shall summon to the Synod of his Diocese each clergyman licensed to a separate cure of souls therein and representatives as hereinafter provided. And for electing such representatives the Bishop of the Diocese shall require each clergyman licensed to a separate cure of souls to summon a meeting of the members of the Church of the age of eighteen years or over who are occupiers of seats in any church within his cure of souls or declare that they usually attend the regular church services in such a church, at such time within limits which may be prescribed by the Bishop in such manner and at such place within the parish as to such clergyman may seem convenient; and every member so summoned and attending the meeting shall be entitled to vote at such election, but the clergyman summoning the meeting shall not be entitled to vote at such election save to give a casting-vote.
9
9
The clergyman, if present, shall act as chairman of the said meeting, and so soon as six persons in addition to the chairman are assembled, the meeting may proceed to business, and the chairman shall cause a list to be made of those who are present, and add thereto the names of any who subsequently attend before the proceedings are closed, and the chairman shall cause minutes to be taken of the proceedings. And every lay member of the Church shall, before taking part in or voting at such meeting, subscribe the following declaration:
“I, the undersigned A. B., do declare that I am a member of the Church of England and not a member of any other Church.”
10
10
Every such meeting shall, subject to any other provision to be made by the Synod of the Diocese, elect as representatives two persons of the age of eighteen years or over, each such person being a communicant of the Church.
11
11
In case at any such meeting the 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, each of whom may give one vote for such persons proposed as he may think fit, but not exceeding the number to be elected, and where the votes for two or more are equal, the chairman, who shall have no other vote, shall give a casting-vote in favour of either one or more of such persons as the case may require, and the chairman shall declare to the meeting the names of the persons elected.
12
12
The 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 shall forward them to the Bishop of the Diocese, together with the subscribed declarations, the lists which have been laid before the said meeting, and a certificate of the names, callings, and addresses of the persons elected to be laid before the Synod at its opening.
13
13
If the cure be vacant, or the clergyman be absent or unable from any other cause to act, the Bishop of the Diocese shall appoint a person to perform all the functions devolving on such clergyman under any of the five preceding sections of these consitutions.
14
14
The Bishop shall summon to the Synod as members thereof the Chancellor and the Registrar of the Diocese, who shall have the same rights, powers, and privileges as representative members, and may, also, summon such clergymen holding distinct official positions in the Diocese as the Bishop may determine: Provided that for every clergyman so summoned, a layman shall be elected as a representative member under regulations of the Synod made for the purpose.
15
15
The Warden of St. Paul’s College, within the University of Sydney, shall always be summoned to the Synod of that Diocese as a clerical member thereof, and two lay members of the Church, to be elected by the council of the said College from amongst themselves, shall likewise always be summoned to such Synod as representative members thereof, and the said Warden shall cause to be delivered to each member of the said council so elected and shall also forward to the Bishop a certificate of such election.
16
16
When a clergyman has several districts having separate churches under his parochial charge, the Bishop may require such clergyman to summon a meeting in connection with each of such churches in accordance with the provisions of clause eight to elect one representative for each such district: Provided that no parochial district shall elect more than three representatives in the aggregate.
17
17
Each representative shall, before taking part in or voting at any Diocesan Synod, sign and deliver to the president the following declaration:
“I, the undersigned A. B., do declare that I am a communicant member of the Church of England and not a member of any other Church.”
18
18, 19 (Repealed)
20
20
The Synod of each Diocese may also by ordinance make provision for dealing with cases of incapacity for, or inefficiency in, the discharge of ministerial duty by clergymen licensed by the Bishop within the Diocese, and may also make provision for the apportionment of any emoluments appertaining to the office of any such clergyman between the clergyman found incapable or inefficient and his successor.
21
21
The Synod of each Diocese shall have power to determine by ordinance in what cases the licence of a clergyman licensed within the Diocese may be suspended or revoked. Such licence may be suspended or revoked by the Bishop of the Diocese at a clergyman’s own request, or (after opportunity given to him to show cause) in such of the said cases as the Synod shall by ordinance determine. Save as aforesaid, the licence shall not be suspended or revoked, except as a consequence of a judgment or finding of the tribunal or of some other court of competent jurisdiction.
22
22
The provisions of these constitutions shall, save as hereinbefore provided, be held to be binding upon any new Diocese which shall be hereafter constituted in the State.
23
23
The Bishops and clerical and lay representatives of the Church in the several dioceses in the State of New South Wales shall meet in Provincial Synod under such articles and provisions as may have been, or may be from time to time, passed by the Provincial Synod, and assented to by all the said Dioceses. And, for the purpose of holding any session of the Provincial Synod the Bishop of Sydney as the Metropolitan Bishop shall, by writing under his hand and seal, summon the Bishop of each of the said Dioceses, and also require such Bishop to convene representatives of the Church in his Diocese at such time and place as the Metropolitan may deem fit.
24
24 (Repealed)
25
25
No rule, ordinance, or determination of any Diocesan Synod, or of any Provincial Synod, shall be vitiated by reason of the non-election, or non-appointment, or non- summoning of any person necessary to be elected, or appointed, or summoned thereto, respectively, or of any informality in or respecting any such election
This is an opening excerpt, not the complete document.