WHEREAS the Synod of the Diocese has contributed towards the erection of the St. Mark' s Chapel as an outreach of the Church to those associated with the University of New England
AND WHEREAS the Synod desires to recognise that the congregations worshipping at services at St. Mark's Chapel and participating in activities of diverse kinds as carried on in conjunction with worship in St. Mark's Chapel, is interdenominational and that the said activities of the said Chapel are properly to be understood as an aspect of the outreach ministry of the Diocese of Armidale,
IT IS EXPEDIENT to make provision for the matters hereinafter mentioned, the Synod of the Diocese of Armidale in pursuance of the powers conferred upon it ordains and rules as follows:
1. St. Mark's Chapel Constitution Ordinance 1976 -1979 is hereby repealed insofar as it relates to the operation of St. Mark' s Chapel UNE, but such repeal shall not revive any Ordinance heretofore repealed and shall not affect the past operation thereof nor anything done or commenced nor any rights privileges obligations or liabilities acquired accrued or incurred thereunder.
2. In this ordinance unless the context or subject matter otherwise indicates-
“Assistant Chaplain” means the ordained person or persons for the time being appointed by the chaplain under the provisions of this Ordinance and holding license from the Bishop to assist the Chaplain in the cure of souls within the congregations;
“Archdeacon” means the person appointed by the Bishop with oversight for the Archdeaconry under which St. Mark' s Chapel is placed;
“Bishop” means the Bishop of Armidale for the time being;
“Chapel” means the church building located on land encompassed within the University of New England and being known as the Anglican Church of St. Mark in respect of which this Ordinance applies;
“Chapel Council” means the body constituted under this Ordinance;
“Chaplain” means the clergyman licensed for this purpose by the Bishop as the clergyman appointed to the cure of souls of members of St. Mark's Chapel and all others who associate themselves with St. Mark' s';
“Congregation” means the persons who regularly attend public worship of St. Mark's Chapel at one of the regular times of divine service;
“Member" of St. Mark's Chapel” means a person who has been a communicant member and a regular attender at public worship of Mark's Chapel over a continuous period of three months.
“Svnod” means the Synod of the Diocese of Armidale.
3. All other words in this Ordinance shall draw their meaning from the Parish Structures Ordinance 1979, or in the absence of any definition in that ordinance, words shall draw their meaning from common usage. In this Ordinance words expressing the masculine gender shall unless specifically stated be interpreted as inc1uding the female gender.
BUILDINGS
4. After the erection or approval for use of a church building and upon its being provided with all things necessary for the celebration of divine service the Chaplain or at least two persons who have contributed to the cost of erection or preparation of the building shall petition the Bishop to consecrate or licence the same as the primary church building for the celebration of divine service according to the law and usage of the Anglican Church in Australia.
5. Providing that divine service is celebrated at least one Sunday per month in the Chapel building, the congregations may meet at other locations within the University of New England as agreed by the Chapel Council. In the absence of the Chapel building being available or used for divine service in accordance with Clause 4 of this Ordinance, the Bishop may licence an alternative location for the celebration of divine service.
6. Prior to the erection, alteration addition or use the approval of the Bishop shall be obtained for site plans and specification of any church building, residence or other building to be erected, altered, added to, or used on church lands by members of the Church. The Diocesan Council may appoint a panel of three persons to be consultants to the Bishop on the matters of this clause.
7. Subject to Clause 9 hereof the Chapel Council with the consent of the Chaplain may make alterations to the internal arrangement of a licensed or consecrated church building, may remove ornaments (including memorial windows) from a licensed or consecrated church building, provided that prior public notice has been given at church services on at least two different but successive weekends on which services are held, provided further that a faculty is obtained from the Bishop with respect to such ornaments and monuments and provided further that five or more members of the congregations shall be free to petition the Bishop within one month to disallow such proposed action in which case after consultation with a meeting of parishioners specially called to inquire concerning the matter the Bishop's decision shall be final.
8. A licensed, dedicated or consecrated church building may be used for divine service religious instruction or such other purpose as is approved by the Chapel Council on the suggestion of the Chaplain provided that five or more members of St. Mark’s may petition the Bishop within three months to disallow any such other purposes in which case after consultation with a meeting of the congregation specially called to inquire concerning the matter the Bishop's decision shall be final.
ANNUAL MEETINGS
9. The Chaplain and Chapel Council of St. Mark’s Chapel shall convene at least one Annual Meeting of the Congregations of St. Mark's Chapel of which at least fourteen days public notice shall be given to transact such business as is laid down in this Ordinance and such other business as may be relevant to an Annual Meeting of Congregations. Elections of those holding office under this ordinance as members of Chapel Council shall be conducted in accordance with the Regulations attached to this ordinance. Chapel Council may, at its first meeting, decide to conduct an Annual Business Meeting in the month of June of which at least fourteen days public notice shall be given. If such a meeting is held, Chapel Council shall present a proposed budget for the following financial year, together with a preliminary statement setting out estimated income and expenditure details for the previous year. Such a meeting shall approve a budget for the following financial year and conduct any other business that Chapel Council deems appropriate.
10. The Annual General Meeting preceding the commencement of each new term of the Synod of the Diocese of Armidale, shall elect Synod representatives in accordance with the Membership of Synod Ordinance in the same manner as if St. Mark’s Chapel were a Parish.
11. Annual Meetings of the congregations of St. Mark ' s Chapel shall be
meetings of all members of St. Mark's Chapel.
12. The Chaplain shall present a report to this meeting. The Annual Meeting
of all members of St. Mark’s Chapel shall elect one or more Auditors
for the ensuing year. No member of the Chapel Council shall be eligible for
the position of Auditor.
13. The Chaplain and Chapel Council may when they shall think fit summon a meeting of members of St. Mark' s Chapel other than an Annual Meeting for the transaction of any business or other matter connected with the congregations, and the Chaplain may, and by direction of the Bishop or upon written requisition of ten members of the Church, shall summon a meeting of members of the Church, other than the Annual Meeting for the transaction of special business which shall be declared at the time of summoning the meeting; such business and no other being transacted thereat, and the provision herein contained regarding the method of summoning the Annual Meeting of members of St. Mark's Chapel, the conduct of the same, and the qualifications of persons entitled to attend the vote thereat, shall apply to the case of any meeting summoned under the clause.
CHAPEL COUNCIL
14. Within St. Mark's Chapel there shall be a body called the St. Mark's Chapel Council. This Council shall operate within the powers set forth in this Ordinance and exercise any additional powers and duties as defined by the Bishop. The term of office of the Chapel Council will be the calendar year following the election of its members. Where a newly-appointed Chapel Council considers it desirable or appropriate it may arrange with the new members of Chapel Council to join with the existing Chapel Council for the last meeting of the year, provided that the new Chapel Council may not exercise a right to vote on matters at such a meeting.
15. Each Chapel Council shall consist of the following persons:
16. Any member of St. Mark’s Chapel who is not less than eighteen years of age shall be qualified to be appointed or elected a member of a Chapel Council.
17. The Chaplain shall be chairperson of the Chapel Council provided that the Chaplain may decline to be chairperson in which case the Chaplain will appoint a chairperson for a specific meeting of the Council. The Chaplain may invite the Bishop or the Archdeacon to act as chairperson at a specific meeting of Chapel Council.
18. The Chapel Council shall at its first meeting after taking office, or at a specially convened meeting or by memorandum signed by a majority of Chapel Council members before the first meeting, appoint either from its members or from one of the members of St. Mark's congregations a secretary, an assistant treasurer and other such officers as it deems necessary. The Chapel Council may co-opt a non-member of Council as a minutes secretary by the same method. A minutes secretary who is not an elected or appointed member of Council shall have the right to speak but not the right to vote at Council meetings. Each Council may from time to time make such by-laws consistent with this Ordinance as may be necessary for the conduct of its business including the setting of a quorum, except that a quorum shall be not less than one half of persons eligible to attend meetings of the Council, excluding the Bishop and Archdeacon. In making such bylaws it shall be provided that the chairperson shall have a casting vote but not a deliberative vote. The Chaplain may if he so chooses appoint a deputy chairperson or request the Council to elect a deputy chairperson.
19. Meetings of the Chapel Council shall be convened by the Chaplain, and be held at not less than quarterly intervals, and generally with not less than ten days' notice.
20. The duties of the Chapel Council shall be:
21. It shall be the further duty of the members appointed or elected from the congregations:
CHAPLAIN
22. The Bishop always excepted no person shall be permitted to celebrate divine service or to administer the sacraments or perform other rites or ordinances of the Anglican Church of Australia or preach any sermon in any licensed or consecrated church building unless that person is first licensed or approved by the Bishop and invited to do so by the Chaplain.
23. During the period of his holding such licence granted by the Bishop, the Chaplain shall have free access and admission into the church building at all times and during such period may celebrate divine service, administer the sacraments and perform therein without hindrance all other rites and ceremonies of the Anglican Church of Australia and shall for such purposes have custody of the keys of the church building and grounds and such Chaplain shall during such period freely have use, possess and enjoy the Chaplain’s residence, garden and appurtenances. In case the Chaplain should cease to hold his licence he shall from the date of ceasing to hold such licence forfeit and be absolutely deprived of all and singular rights and privileges aforesaid.
24. All buildings other than those specified in clause 25 of this Ordinance may be freely used by the Chaplain for such purposes related to the ministry of St. Mark’s Chapel as he may deem desirable and he shall have custody of the keys thereof. The use of buildings referred to in this clause for other purposes shall be permitted only with the consent of the Chaplain and the Chapel Council provided that five members of the Church may petition the Bishop to disallow such use of the building and the Bishop’s decision after consultation with a meeting of members of the congregations specially called to inquire concerning the matter shall be final and binding thereon.
25. During the period of his licence the Chaplain shall be responsible for the safe custody of all church registers and church records at St. Mark's. During a period in which there is no person appointed as Chaplain such custody and responsibility shall belong and attach to the Chapel Council.
26. The Chaplain shall have:
ORDINANCE
27. Nothing in this Ordinance shall be held to apply to any lands or property which may be by any Ordinance specially exempted from the provision thereof.
28. The members of the congregations of St. Mark’s Chapel, in general meeting, and by a majority of more than two-thirds of the members of each congregation, attending and voting at such a meeting, may recommend to Diocesan Council such changes to the regulations attached to this Ordinance as from time to time are deemed necessary for the good operation of this Ordinance. Such recommendation, if approved by Diocesan Council, shall amend the said regulations from the date of their approval.
29. The Synod or Diocesan Council in matters where the Synod has not acted, may amend the regulations attached to this Ordinance in a manner that is from time to time deemed necessary for the good operation of this Ordinance. Such amendments shall be registered in the Diocesan Registry and shall be notified to the Chaplain and the Chapel Council at least one month before their date of commencement but failure to notify within such period shall not invalidate the said amendments.
30. Where any accidental or unavoidable impediment, misfeasance or omission shall have happened in carrying out the provisions of this Ordinance, the Bishop may take all such measures as may be necessary for removing such impediment or rectifying such misfeasance or omission and may declare any act done to be valid notwithstanding such misfeasance or omission and may enlarge the time within which this Ordinance declares any matter shall be done, and may appoint any person other than the person herein named to do any act matter or thing or to conduct any election and in the case of failure to elect or appoint any or all of the Chapel Councillors directed by this Ordinance may appoint the necessary number of qualified persons to give effect to the provisions thereof.
31. This Ordinance shall be brought back to the Second Session of the Forty-Third Synod of the Diocese for any necessary review pursuant to any review by this Synod of the Parish Structures Ordinance 1979.
32. This Ordinance may be cited and known as the St. Mark’s Chapel UNE Ordinance 1997.
REGULATIONS
MEETINGS OF THE CONGREGATIONS OF ST. MARK’S CHAPEL
l. The Annual General Meeting of the congregation of St. Mark's Chapel shall be held during the month of October each year. This meeting shall be for the purpose of receiving annual reports for the preceding financial year, including audited financial statements, and finalisation of the election of officers of the Chapel.
2. An Annual Business Meeting of the congregations of St. Mark's Chapel shall be held in June of each year to consider and approve a budget for the next financial year and deal with any other matter of which prior notice has been given in accordance with Regulation 5.
3. At meetings of members of the congregations of St. Mark's Chapel a number equal to four times the number of persons elected as Chapel Councillors in accordance with clause 15 of the St. Mark' s Chapel UNE Ordinance shall form a quorum.
4. Meetings of members of the congregations of St. Mark's Chapel shall be chaired by the Chaplain provided that in the absence of the Chaplain or the Chaplain declining to take the chair, the meeting shall elect a chairperson. The chairperson shall have a casting vote only.
5. Public notice of any meeting of the congregations of St. Mark's Chapel shall, be deemed to have been given if announcements are made in all church services and either a notice is placed on the main external door or notice board of the church building or mention is made in any weekly notice sheet. This is subject to such notice being issued not less than fourteen days or on two weekends preceding the meeting, whichever is the earlier date.
6. Every person before voting at an Annual or other Meeting of the congregations of St. Mark's Chapel, and before accepting nomination to any elected position shall, if required by the Chairperson, sign the following declarations:
____________________________________(Signature)
NOTICE OF ORNAMENTS AND CHANGES
7. The Public Notice required in clause 10 of the St. Mark’s Chapel UNE Ordinance shall be read at each service on at least two weekends and either placed on the main door or notice board of the church building or recorded in any weekly notice sheet. The Notice shall also state that the Ordinance provides for five or more members to petition the Bishop against such proposed action.
NOMINATIONS AND ELECTIONS
8. Nominations and voting for elected positions shall be as set out in Regulations 11-17. If there are not sufficient nominations for a position of Chapel Councillor, at the time of the meeting, those already nominated shall immediately be declared elected, and further nominations for the positions remaining unfilled shall be called for from the meeting. If any positions still remain unfilled the Chapel Council may fill any vacancies.
9. The number of congregation representatives referred to in clause 15 (f) of the St. Mark's Chapel UNE Ordinance shall be six with at least one from every congregation and no more than three from any one.
10. Any vacancies occurring in positions of Chapel Councillor members for reasons other than failure to elect or appoint, shall be filled for the remainder of the term of office of the said Chapel Council members in the following manner:
The members of Chapel Council appointed by the Chaplain shall be replaced by appointment by the Chaplain. Other vacancies shall be replaced by Chapel Council appointment.
11. The election shall be held at the A.G.M. These results will be circulated in the notice sheet on the weekend following the day on which the AGM is held.
12. At a meeting preceding the AGM, the Chapel Council shall appoint two persons to act as Returning Officers for the elections. Such appointments shall be with the agreement of the persons concerned,
13. Nominations for, Chapel Council members and Treasurer shall be made in writing, on a form prepared for the purpose, and these shall be handed to one of the Returning Officers upon completion, commencing at least three weekends before the elections. Each nomination shall be seconded and, unless it is impracticable because of absence from Armidale, be signed by the nominee.
14. Voting will be by secret ballot. The Returning Officers with scrutineers appointed by the meeting shall count the votes and report the result to the meeting.
15. Elections shall be by all members of St Marks Chapel from all congregations voting in common.
16. The Treasurer will be elected first. Each person will vote for one nominee. The nominee receiving the most votes will be elected. If the person elected was also nominated for a Chapel Councillor position, his/her nomination as Councillor will become void.
17. In electing the six congregational representatives to Chapel Council, each person shall vote for up to three nominees. Nominees receiving the most votes will be elected, given that a maximum of three and minimum of one shall be elected from each congregation. If more than three nominees from one congregation are amongst the six nominees receiving the most votes, only the first three shall be elected and the remaining positions shall be reserved for nominees from the other congregations. Similarly, the number elected from a second congregation will then be restricted to two to reserve one position for the third congregation.
ST. MARK’S CHAPEL COUNCIL
18. Audited statements of all funds of all organisations within St Mark's shall be forwarded to the Registrar by the last day of October each year.
19. At least two signatures shall be required for the drawing of cheques or other payment of monies on behalf of St. Mark’s Chapel Council with the exception of a nominated working account which will contain funds within a limit set by Chapel Council from time to time and only for those purposes as set by Chapel Council from time to time, with account activity reviewed regularly as defined by Chapel Council.
CLERGY
20. Paid clergy and other ministry staff, excepting trainees appointed under St Marks “Ministry Training Policy”, of St. Mark's Chapel shall be paid stipends and allowances at rates that are at least equal to the minimum rates declared from time to time by Diocesan Council in accordance with the Parish Structures Ordinance. Paid administrative staff shall be paid at rates determined from time to time by the Chapel Council and endorsed by the A.B.M.
21. St. Mark’s Chapel shall provide housing for paid ministry staff, with the exception of Ministry Trainees, with such housing to include floor coverings, blinds or curtains, light fittings, telephone costs for other than private STD and IDD calls, reasonable light, power and fuel for heating. In particular circumstances it shall be permissible for the Chapel Council, the cleric concerned and the Bishop to agree on alternative arrangements.
22. Full time paid staff of St Mark's Chapel who use their own car to carry out their duties with the exception of Ministry Trainees, shall be paid at least the minimum recommended car allowances and travelling allowances declared from time to time by Diocesan Council in accordance with the Parish Structures Ordinance. Part time staff shall not be paid the car allowance but shall be reimbursed at the higher specified travel allowance.
23. All paid members of the staff of St. Mark’s Chapel shall be entitled to annual leave in accordance with the provisions of the parish Structures Ordinance of the Anglican Diocese of Armidale. The Chaplain shall notify the Bishop if he intends to be absent from the parish for two or more successive weekends.
He shall also arrange with the Chapel Council the holding of divine service in his absence and any costs incurred shall be a charge on St. Mark’s Chapel funds. Where doubts arise as to holiday entitlements the Bishop's decision shall be sought and shall be final.
24. Arrangements for absences from St. Mark's for extended in-service training shall be made with the Bishop.