Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 2]
[Heading amended by No. 19 of 2010
s. 4.]
PART I — CONSTITUTION
1. The supreme standard of the Presbyterian Church
of Australia shall be the Word of God contained in the Scriptures of the Old
and New Testaments.
2. The subordinate standard shall be the
Westminster Confession of Faith read in the light of the declaratory
statement.
3. The declaratory statement is as follows:
(1) That in regard to
the doctrine of redemption as taught in the subordinate standard, and in
consistency therewith, the love of God to all mankind, His gift of His Son to
be the propitiation for the sins of the whole world, and the free offer of
salvation to men without distinction on the ground of Christ’s
all-sufficient sacrifice, are regarded by this church as vital to the
Christian faith. And inasmuch as the Christian faith rests upon and the
Christian consciousness takes hold of certain objective supernatural historic
facts, especially the incarnation the atoning life and death and the
resurrection and ascension of our Lord, and His bestowment of His Holy Spirit,
this church regards those whom it admits to the office of the holy ministry as
pledged to give a chief place in their teaching to these cardinal facts and to
the message of redemption and reconciliation implied and manifested in them.
(2) That the doctrine
of God’s eternal decree, including the doctrine of election to eternal
life, is held as defined in the Confession of Faith, chap. III, sec. I, where
it is expressly stated that according to this doctrine “neither is God
the author of sin nor is violence offered to the will of the creature nor is
the liberty or contingency of second causes taken away, but rather
established”, and further that the said doctrine is held in connexion
and harmony with the truth — that God is not willing that any
should perish, but that all should come to repentance, that He has provided a
salvation sufficient for all and adapted to all and offered to all in the
Gospel, and that every hearer of the Gospel is responsible for his dealing
with the free and unrestricted offer of eternal life.
(3) That while none
are saved except through the mediation of Christ and by the grace of the Holy
Spirit, who worketh when and where and how it pleaseth Him, while the duty of
sending the Gospel to the heathen who are sunk in ignorance, sin, and misery
is imperative, and while the outward and ordinary means of salvation for those
capable of being called by the Word are the ordinances of the Gospel, in
accepting the subordinate standard it is not required to be held that any who
die in infancy are lost, or that God may not extend His grace to any who are
without the pale of ordinary means as it may seem good in His sight.
(4) That in holding
and teaching according to the Confession of Faith, the corruption of
man’s nature as fallen, this Church also maintains that there remain
tokens of man’s greatness as created in the image of God, that he
possesses a knowledge of God and of duty — that he is
responsible for compliance with the moral law and the call of the Gospel, and
that although unable without the aid of the Holy Spirit to return to God unto
salvation he is yet capable of affections and actions which of themselves are
virtuous and praiseworthy.
(5) That liberty of
opinion is allowed on matters in the subordinate standard not essential to the
doctrine therein taught, the church guarding against the abuse of this liberty
to the injury of its unity and peace.
(6) That with regard
to the doctrine of the civil magistrate and his authority and duty in the
sphere of religion as taught in the subordinate standard the church holds that
the Lord Jesus Christ is the only King and Head of the church, “and Head
over all things to the church, which is His body”. It disclaims
accordingly intolerant or persecuting principles and does not consider its
office bearers in subscribing the Confession as committed to any principles
inconsistent with the liberty of conscience and the right of private judgment,
declaring in the words of the Confession that “God alone is Lord of the
conscience”.
4. The text of the Westminster Confession of Faith
shall be that produced by the Westminster Assembly of Divines amended as
follows:
(a) In
section 4 of Chapter XXIV there shall be inserted after the words
“nearer in blood than of her own”, the words “except the
case of the deceased wife’s sister, or the case of a deceased
husband’s brother”; and,
(b) In
section 4 of Chapter XXVII there shall be inserted after the words
“lawfully ordained”, the words “(saving where the general
assembly has made a special provision to the contrary, that the people of God
may not be left without sealing ordinances.)”.
5. The following formula is required to be signed
by the ministers at their ordination, induction, or appointment to a
ministerial office by the general assembly, a synod or a presbytery, and by
probationers on receiving licence:
I own and accept the subordinate standard of this Church, with the
explanations given in the articles contained in the declaratory statement, as
an exhibition of the sense in which I understand the Holy Scriptures, and as a
confession of my faith. I further own the purity of worship practised in this
Church, and the presbyterian government thereof, to be founded on the Word of
God and agreeable thereto; and I promise that through the grace of God I shall
firmly and constantly adhere to the same, and to the utmost of my power shall,
in my station, assert, maintain, and defend the doctrine, worship and
government of this Church.
6. The following formula is required to be signed
by elders at their ordination and/or induction:
I confess my faith in God, revealed to us in Jesus Christ, His only Son our
Lord and Saviour. I own anew the Lord Jesus Christ as my personal Saviour and
Lord, and will seek, in dependence on the Holy Spirit, to order my life in
accordance with His will. I acknowledge as the supreme standard of faith and
duty the revelation of God recorded in the Scriptures of the Old and New
Testaments and perfected in Jesus Christ. I declare my loyalty to this Church
and to the principles of presbyterian polity.
7. Any proposed change in the Basis of Union
(including amendment or replacement of the subordinate standard or the
declaratory statement) or restatement of the doctrine of the Church contained
therein shall, before being adopted, be remitted to synods and presbyteries
and no change shall be made without the consent of a majority of synods,
three-fifths of the presbyteries of the whole Church, and three-fifths of the
members of the general assembly present when the final vote is taken. On any
such change being made in the basis of union or restatement of the doctrine of
the church, if any congregation thereupon refuses to acquiesce in the change
or restatement and determines to adhere to the original basis of union as duly
amended prior to such change or restatement, the general assembly is empowered
to:
(a)
allow such congregation to retain its congregational property; or,
(b) deal
in such other way with the said property as to the said assembly shall seem
just and equitable;
Notwithstanding anything contained in this section Part II of the basis of
union may be amended or added to in accordance with a like procedure to that
laid down in the Barrier Act, 1697 , of the Church of Scotland.
PART II — GOVERNMENT
8. (1) The Supreme
Court of the church is the general assembly which shall have functions
legislative, administrative and judicial supreme with regard to the doctrine,
worship, discipline and government of the Church.
(2) The membership of
the general assembly consists of commissioners elected by presbyteries for
each meeting of the general assembly. These commissioners being ministerial
members of presbyteries and elders are elected in proportion to the numerical
strength of each presbytery on the basis of one ministerial member and one
elder for every five charges or portion thereof within its bounds served by an
ordained minister either inducted or appointed by or with the sanction of the
presbytery. The moderator, the immediate past moderator, clerks of assembly,
business convener, the procurator and law agent shall be members ex officio .
Conveners of committees, boards, and councils reporting to the assembly who
have not been commissioned shall have the right and privilege of membership
during the presentation of the report of the respective committee and the
deliberations on the proposed deliverance. The assembly shall have the power
to seek additional commissions from presbyteries of elders to give parity of
representation in the court.
(3) The time and place
of the next meeting shall be determined prior to the general assembly being
dissolved.
(4) The commission of
assembly shall consist of ex officio members of the general assembly and one
minister and one elder from each presbytery for every fifteen charges or
portion thereof within its bounds served by an ordained minister either
inducted or appointed by or with the sanction of the presbytery. Presbyteries,
when commissioning ministers and elders to the general assembly, shall
indicate those of the number so commissioned who shall be members of the
commission of assembly. The commission of assembly shall meet when appointed
by the general assembly and when convened by the moderator for exceptional and
urgent business, at a time and place determined by him, upon a requisition
being presented to him by at least 12 members representing at least three
synods and sustained by the moderator.
9. (1) Until the
general assembly shall otherwise determine there shall be six synods intituled
the Synod of New South Wales, the Synod of Queensland, the Synod of South
Australia, the Synod of Tasmania, the Synod of Victoria and the Synod of
Western Australia, the bounds of which synods shall be determined by the areas
respectively under the jurisdiction of the presbyteries of each of the state
presbyterian churches uniting upon the said basis; but save as aforesaid the
general assembly shall have power to erect synods and to determine their
bounds.
(2) The membership of
synods shall consist of ex officio members to be determined by the synods and
half the ministerial members of presbyteries within the bounds and an equal
number of elders commissioned by the presbyteries except in the case of South
Australia, Tasmania and Western Australia where all ministerial members of
presbyteries and an equal number of elders shall be commissioned until such
time as the general assembly determine otherwise. Synods shall have power to
appoint additional elders to give parity of membership.
(3) Synods shall meet
at least annually at a time and place appointed before adjournment, and
meetings pro re nata may be convened by the moderator or on a requisition
signed by nine members representing at least three presbyteries and sustained
by him, provided always that in the case of the Synod of Tasmania it shall
suffice if a requisition is signed by five members representing no more than
one presbytery.
(4) Synods shall,
subject to this constitution, exercise executive administrative pastoral and
disciplinary functions over the Church within their bounds.
10. (1) Presbyteries
shall be erected or dissolved or their boundaries determined or altered only
by decision of the general assembly. At the time when this constitution
becomes operative the presbyteries and their bounds shall be those recognised
by each state assembly.
(2) The membership of
presbyteries shall consist of all ministers in pastoral charges or holding
other charges under the authority of the general assembly and other ministers
and elders to whom seats have been granted by rule, regulation or resolution
of the general assembly, one representative elder commissioned by the kirk
session of each sanctioned charge, elders who are members of a session granted
seats by rule or regulation of the general assembly, and other elders of kirk
sessions within the bounds invited and granted seats by the presbyteries to
establish parity in the courts.
11. Sessions shall be formed with the approval of
or by direction of presbyteries. The method of election to sessions and their
powers and duties shall continue in each congregation as under the former
state codes until such time as the general assembly determine otherwise. Until
otherwise determined sessions and congregations subsisting at the time the
basis of union comes into operation shall be sessions of the Presbyterian
Church of Australia.
12. The general assembly, synods, presbyteries and
sessions in each case appoint from time to time such committees as they think
fit, prescribing their membership, purpose and duties and giving other
directions usually in the form of regulations.
13. The synod shall be the final court of appeal
except in cases of doctrine and/or discipline that carry deposition or
excommunication as possible judgments.
14. Until a code of the Presbyterian Church of
Australia is enacted the code of each of the former state presbyterian
churches shall, subject to this basis of union, apply to the synod,
presbyteries, sessions, and congregations within the area within which that
state presbyterian church functioned, provided always that in the case of the
synod the provisions relating to the state general assembly shall apply
mutatis mutandis .
PART III — UNION WITH OTHER CHURCHES
15. The general assembly shall have the right and
power to negotiate with other branches of the Christian church with a view to
the Presbyterian Church of Australia entering into union with any of them, and
the Presbyterian Church of Australia may pursuant to a resolution of the
general assembly enter into such union provided that the proposed basis of
union with any such church or churches (which shall include a section setting
out basic principles of constitutional structure and practice) shall first be
remitted to synods and presbyteries under the Barrier Act procedure and may be
approved by the general assembly only when approved by a majority of synods
and at least three-fifths of the presbyteries of the whole church and
three-fifths of the members present when the final vote of the general
assembly is taken.
16. Before the final vote is taken in the general
assembly communicants aged sixteen years and over whose names are on the roll
of a congregation shall be given an opportunity to answer the following
questions:
(a) Do
you desire this congregation to become a congregation of the church which may
result from the proposed union?
(b)
Should the required majority vote for union be obtained in presbyteries,
synods and the general assembly of Australia do you desire to remain in
membership of any Presbyterian Church of Australia continuing to function on
the present basis?
17. (1) For the
purpose of enabling communicants to vote upon the questions prescribed in the
last preceding section the general assembly shall prescribe a date by which
all sessions shall be required to have purged their communion rolls and to
have submitted to the presbytery of the bounds a voting register in duplicate
consisting of all eligible names on the communion roll at the date of
submission to the presbytery.
(2) Both copies of the
said voting register shall be certified by the moderator and clerk of the
session as being the voting register.
(3) The presbytery of
the bounds shall at the earliest opportunity following the submission to it of
the voting register attest both copies and shall return one copy to the
session from which it was received and shall retain the other copy.
(4) Only those persons
whose names are on an attested voting register may take part in the vote.
(5) Sessions shall
make available voting papers containing the said questions at least fourteen
days before a date to be prescribed by the session for the close of voting,
upon which the voters shall indicate whether their answer is “Yes”
or “No” to each of the questions.
(6) Voting papers must
be signed by the voter and returned prior to the close of voting.
(7) The session shall
count votes and transmit the number of “Yes” votes and the number
of “No” votes cast with respect to each question to the clerk of
the presbytery of the bounds for transmission to the clerk of the general
assembly through the clerk of synod.
(8) The clerk of the
general assembly shall advise the commission to be appointed as hereinafter
provided of the results.
18. Upon the general assembly resolving to enter a
union pursuant to section 15, it shall provide just and equitable
safeguards of the rights of minorities who do not concur in the decision to
unite, which safeguards shall include the following provisions:
(a) The
general assembly shall set up a commission consisting of two groups of equal
numbers, one representing those approving and one disapproving such union,
together with three independent persons acceptable to both groups one of whom
shall be chairman.
(b) In
any case where at least one-third of the communicants of a congregation who
participate in the vote in accordance with the last preceding section
(hereinafter called “a continuing congregation”), shall prior to
the date of the final vote of the general assembly approving such union have
recorded votes indicating their desire to continue in membership of the
Presbyterian Church of Australia, such communicants shall not become a
congregation of the church to result from the union but shall be recognised as
a congregation of the Presbyterian Church of Australia continuing to function
on this basis of union and shall be entitled to retain the congregational
property, unless the commission appointed pursuant to this section shall for
special reasons otherwise determine, in which case the said commission is
required to ensure that what it deems to be adequate and suitable
congregational property is provided including a due and proper share of any
congregational endowments.
(c)
Where in any district or locality less than one-third of the communicants who
participate in the said vote and whose names appear on the roll of a
congregation purged as aforesaid, shall prior to the date of the final vote of
the general assembly approving such union have recorded votes indicating their
desire to remain in membership of the Presbyterian Church of Australia
continuing to function on this basis of the union and
(i)
the presbytery of the bounds is of opinion that such
minorities of such congregations are not able to be related in membership with
some continuing congregation or congregations as a charge or charges; and
(ii)
the said commission is satisfied as to the capacity of
the said minorities to continue as such, it shall have power to arrange in a
suitable locality or localities for such groupings of communicants to be
provided with a church, manse and other necessary buildings to be used for
congregational purposes, or with sufficient funds to provide such buildings.
(d) The
said commission upon its being satisfied that the continuing congregations are
capable of functioning as a continuing Presbyterian Church of Australia under
this basis of union, shall, in addition to the powers functions and
discretions otherwise conferred upon it in this section, have the power to
determine what specific items, if any, of the general property of or held in
trust for the purposes of the Presbyterian Church of Australia and the several
state synods shall for the efficient functioning of the said continuing church
be retained by or for the purposes of the said church, and what compensation
if any for the loss of a just and equitable share of such property should be
payable to the said church, which shall have the right to use the name
Presbyterian Church of Australia.
(e) The
said commission in making its determinations as aforesaid shall have regard to
the just and equitable rights of minorities and shall, inter alia , provide
for the following requirements of a continuing church, including a due and
proper share of endowments existing at the date of union and shall include
provision for and maintenance of:
(i)
a centre for the theological training of the ministry of
the said continuing church, including a centre of residence and staffing,
having regard to the aim of the Presbyterian Church of Australia to have
theological halls equipped with not fewer than three professors;
(ii)
a centre for the administration of the said continuing
church, including provision for a clerk, treasurer and such other staff and
buildings deemed necessary by the said commission for continuing the
activities of the said church, and also a centre for administration with
provision for adequate staff for its requirements in any state where the
strength of the said continuing church is deemed by the commission to warrant
it;
(iii)
at least one school for girls and one school for boys in
each state where at the date of the said union there is more than one
presbyterian school for girls and more than one presbyterian school for boys,
and in any state where there is only one presbyterian school for girls and/or
only one presbyterian school for boys the commission shall determine whether
ownership of any such school shall be vested in the said continuing church or
in the church to result from the said union, or make other adequate provision,
if the strength of the said continuing church warrants it.