AUSTRALIAN COLLEGE OF THEOLOGY CANON 1966

Transcription

1 AUSTRALIAN COLLEGE OF THEOLOGY CANON 1966 Canon 15, 1966 Canon 9, 1973 Canon 16, 1981 Canon 16, 1992 Canon 1, 1995 Canon 9, 2004 A canon to repeal the Australian College of Theology Canon 1962 and to provide a new canon for the good order and government of the Australian College of Theology Whereas the Australian College of Theology was constituted in 1891 by the General Synod of the dioceses of the Church of England in Australia and Tasmania to foster and direct the systematic study of Divinity, especially among the clergy; and whereas the said constitution was amended in 1900, 1910, 1916, 1926, 1932 and 1945; and whereas the College was reconstituted under the same name and title with an amended constitution in 1962 by the General Synod; and whereas it is desirable to make numerous amendments to that constitution Now the General Synod prescribes as follows: PART I THE COLLEGE 1. The College to foster and direct the systematic study of Theology constituted as aforesaid shall be and is hereby reconstituted by the General Synod and shall continue to be called and known as the Australian College of Theology The College shall consist of: (d) (e) the Primate, who shall be President; the diocesan bishops; all persons admitted by the College to the degree of doctor; the members of the Council of the College for the period during which they hold office; the Dean and Chief Executive Officer for the time being of the College Replaced by Canon 16, 1981, and amended by Canon 1, Repealed by Canon 16, 1981.

2 4. Subject to the provision of sub-clause of this Clause, meetings of the College shall be convened by the President from time to time as he in his discretion may think fit. Upon a request in writing made to him by one-third of the members of the College the President shall forthwith convene a meeting of the College. 5. Twenty members shall form a quorum for a meeting of the College The business of the College shall be conducted as far as circumstances may permit or require by correspondence, and when business is so conducted every member of the College residing in Australia shall have the right to vote by post The College shall have power: to admit candidates to the degrees of bachelor, master and doctor in theology and to such other degrees as the Council may prescribe; to grant such diplomas and to confer such awards as the Council may prescribe; and by an absolute majority of the College, on the recommendation of the Council, to admit candidates to the degree of doctor honoris causa. PART II THE COUNCIL 8. There shall be a Council of the College which shall exercise the powers conferred upon it by this canon The Council shall consist of: 6 (d) 7 the Primate, as President of the College, who shall be chairman of the Council; the Dean and Chief Executive Officer for the time being of the College; the principals of those theological colleges of the Anglican Church of Australia recognised as such by the Council; five heads of non-anglican Colleges approved to present candidates for awards of the College elected by the Heads of those Colleges; 3 Amended by Canon 16, Replaced by Canon 16, Replaced by Canon 16, 1981, and amended by Canon 1, Amended by Canon 09, Amended by Canon 09, 2004

3 (e) three members of the College elected by the College; (f) (g) (h) (i) (j) eight bishops, who need not be diocesan bishops, elected by the House of Bishops at each ordinary session of General Synod; five priests elected by the House of Clergy at each ordinary session of General Synod; two lay persons elected by the House of Laity at each ordinary session of General Synod; five persons elected by the Council being appointed a Scholar of the College or being admitted by the College to the degree of bachelor, master or doctor; not more than five other persons elected by the Council not being persons eligible to be elected under paragraph (d); (k) 8 any person appointed to the Board of Delegates pursuant to section 16A (1) Elections under paragraph (e) of Section 9 shall be conducted by the Dean and Chief Executive Officer at a convenient time before each ordinary session of General Synod and the results shall be declared before nominations are called for elections under paragraphs (f), (g) and (h) of Section 9. (2) Elections under paragraphs (d), (i) and (j) of Section 9 shall be held at the meeting of the Council next after the ordinary session of General Synod at which elections are held under paragraphs (f), (g) and (h) of Section 9 or after the election performed by Standing Committee pursuant to Section A. 10 (1) Members of the Council elected under paragraphs (e), (f), (g) and (h) of Section 9 shall remain members until all the elections under paragraphs (f), (g) and (h) of Section 9 have been completed at the next ordinary session of Synod or effected pursuant to Section 26. (2) Members of the Council elected under paragraphs (d), (i) and (j) of Section 9 shall remain members until the end of the meeting of the Council next after the elections are held under paragraphs (f), (g) and (h) of Section 9 or under Section 26 but shall not vote in any election at that meeting under paragraphs (d), (i) and (j) in which they are eligible to be candidates. 11. Members of the Council whose terms of office conclude under clause 9 shall be eligible for re-election if otherwise qualified for office. 11A. 11 A vacancy in the Council shall occur when a member thereof: dies, 8 Replaced by Canon 09, Replaced by Canon 16, 1981, and amended by Canon 1, Added by Canon 16, Added by Canon 16, 1981.

4 resigns, (d) is declared by any competent court incapable of managing his affairs, or, in the case of a member appointed or elected under paragraph or (d) of Section 9, ceases to be the principal of the college or institution of which he was principal when appointed or elected A vacancy in the membership of the Council shall be filled by the Council from among the persons qualified for election to the vacancy; a member so appointed shall continue in office as though he had been elected pursuant to Section The rights powers and duties of the Council shall be: (d) (e) (f) (g) (h) (i) (j) to meet at least once in every year; to make alter amend and repeal regulations for the effective work of the College; to elect from among its members five persons to be members of the Board of Delegates; to appoint a person to be the Dean and Chief Executive Officer of the College and to determine the conditions of his or her appointment; to receive from the Board of Delegates an annual report, including an audited statement of income and expenditure, a balance sheet at the end of each financial year and a budget for the ensuing year; to report upon its proceedings to the College and to each ordinary session of the General Synod; subject to Section 7 from time to time to prescribe and amend the names and requirements of the degrees diplomas and other awards of the College, including minimum educational qualifications for candidates for each and in its discretion to add to or reduce the numbers thereof; in the name of the College to admit to degrees, to grant diplomas to and to confer awards on persons duly qualified therefor and in each case to issue the proper certificate; to nominate to the College persons whom it recommends for admission to the degree of Doctor in Theology honoris causa; from time to time to prescribe the academic dress proper to the degrees, diplomas and awards of the College and to authorise the wearing of such academic dress; 12 Replaced by Canon 16, Replaced by Canon 16, 1981, and amended by Canon 1, 1995.

5 (k) from time to time to grant and withdraw recognition of theological Colleges of the Anglican Church of Australia for the purposes of paragraph of Section 9; (l) (m) 14 (n) from time to time to prescribe the requirements for the approval of colleges or institutions for presenting candidates for the degrees, diplomas and awards of the College and to determine which colleges and institutions satisfy these requirements; to hear and determine any appeal arising from section 18(d); and to perform such other acts and functions as may from time to time be committed to it by the College. 13A At meetings of the Council twelve members present shall form a quorum. PART III THE BOARD OF DELEGATES (1) 18 The Board of Delegates shall consist of the Dean and Chief Executive Officer, ex officio, and the five persons elected in accordance with section 13 and up to two additional delegates chosen in accordance with section 16A. (2) 19 The elected members of the Board of Delegates shall hold office until the first meeting of the Council after the ordinary session of General Synod next following their appointment or until their successors are appointed whichever last occurs except that a person shall cease to be a member of the Board of Delegates if he cease to be a member of the Council Vacancies on the Board from among those elected by the Council shall be filled by the delegates from among the members of the Council subject to the approval of the Primate. 16A. 21 (1) The Board of Delegates may appoint by resolution not more than two persons who may but need not be members of the Council to be members of the Board of Delegates, of appropriate expertise not otherwise available among those members of the Board elected by the Council. (2) Appointments under this section are to be made as soon as practicable after the election of the Board. 14 Added by Canon 09, Added by Canon 16, 1981 and repealed by Canon 16, Replaced by Canon 16, Replaced by Canon 16, Added by Canon 09, Amended by Canon 09, Amended by Canon 09, Section added by Canon 09, 2004

6 (3) All appointments made under this section shall take effect upon the Primate signifying his concurrence with the appointment. (4) Any appointee under this section who is not already a member of the Council shall upon appointment become a member of the Council and shall hold office as a member of the Council and as a member of the Board of Delegates until the conclusion of the first meeting of the Council after the Ordinary Session of General Synod next following appointment or until their successors are appointed whichever first occurs. (5) Any appointee under this section shall not be eligible for election as chair of the Board of Delegates. 17. Each Board of Delegates shall elect from among themselves a chairman, who shall subject to Section 15 hold office for its duration The Board of Delegates, subject to the regulations: (d) 24 shall manage and carry on the academic work of the College and for this purpose may inter alia appoint a Board of Studies responsible to it; shall manage the funds of the College; shall present to the Council each year the report required by paragraph (e) of Section 13; may by a majority of not less than two-thirds of its members, whether present or voting, withdraw on the grounds of academic misconduct any degree, diploma, award, prize or scholarship conferred by the College. The right of appeal against such withdrawal is to the Council (e) may exercise any of the powers conferred on it by Clause 19A; (f) (g) (h) (i) may accept gifts; may borrow moneys for the purpose of the College including the acquisition of any property; may mortgage any investments to secure the borrowing of money; and shall perform such other acts and functions as may be committed to it by the Council At meetings of the Board of Delegates three members present shall form a quorum, save that where the number of delegates exceeds six, the quorum shall be four. 22 Amended by Canon 16, Replaced by Canon 16, Added by Canon 09, Added by Canon 09, 2004

7 19A. 26 Any real or personal property held by and on behalf of the College shall be invested in any one or more of the following forms of investment namely: (d) (e) purchase or acquisition of real property within Australia; registered first mortgage of real property within Australia; any public funds or government stock or government securities, bonds, debentures, inscribed stock, securities or treasury bills of or guaranteed by the Australian Government or the Government of any State in Australia or Territory thereof; deposit in any bank carrying on business in any State of Australia or Territory thereof; any other investment authorised by the law of any State within Australia affecting trustees. PART IV DEAN AND CHIEF EXECUTIVE OFFICER The Dean and Chief Executive Officer who may or may not be a member of the College at the time of his appointment shall become a member of the College and of the Council and of the Board, with power of proposition and vote, except in matters affecting his own conditions of employment The Dean and Chief Executive Officer shall be the executive officer of the College, of the Council and of the Board. PART V 30 PART VI GENERAL The cost of carrying on the work of the College shall be defrayed out of the fees paid by colleges, institutions and candidates and in such other ways as the Synod shall determine Each of the College, the Council and the Board of Delegates have the authority to become incorporated under any law of the Commonwealth or of a State or Territory of 26 Added by Canon 16, Amended by Canon 1, Amended by Canon 1, Amended by Canon 1, Part V repealed by Canon 16, Amended by Canon 16, 1981.

8 the Commonwealth relating to incorporation of unincorporated associations or of corporations, provided the objects of the corporation and the regulations for the management thereof are not inconsistent with this canon. 25A If a House of Synod does not elect any one or more of the members of the Council specified in paragraphs (f), (g) and (h) of Section 9 the Standing Committee of the Synod shall have power to perform such elections by the method which it considers most satisfactory. As soon as these elections and those provided under paragraph (e) of Section 9 have been completed the persons so elected shall meet and shall have power to act as the Council of the College. 27. To the extent to which the provisions of the Determination of the Dioceses of the Church of England in Australia and Tasmania in the session of 1891, as amended in 1900, 1910, 1916, 1926, 1932 and 1945, are inconsistent with the provisions of this canon, the same are hereby altered according to the intent that from the date on which this canon shall come into force the College shall be conducted and managed under this canon. 28. The Australian College of Theology Canon 1962 is hereby repealed except as to any operation already effected or act done under any enactment therein or as to any right title obligation or liability already acquired or accrued under such enactment. 28A. 35 In the event of the winding up of the College subject to any special trusts to which the funds assets and property of the College may be subject they shall be applied to such charitable purposes similar to those of the College as the Standing Committee of General Synod may direct or failing such direction as a judge of any court of competent jurisdiction may order. 29. This Canon may be cited as the "Australian College of Theology Canon 1966" Replaced by Canon 16, Added by Canon 16, 1981 and repealed by Canon 16, Amended by Canon 16, Added by Canon 9, 1973.