MINUTES OF A MEETING OF THE DIOCESAN …...Canon Paul Robertson to move with Mrs. Beryl Fenwick to...

MINUTES OF A MEETING OF THE DIOCESAN COUNCIL HELD AT THENEWCASTLE CLUB, NEWCOMEN STREET, NEWCASTLE ON THURSDAY, 31JULY 2003 AT 1O.00A.M.

2003.078 THE MEETING opened with Prayer.

2003.079 PRESENT: The Right Reverend R.A. Herft (Chairman); His HonourJudge J.F. Lincoln (Chancellor); The Venerable K.M. Dean-)ones;The Venerable C.L. Ford; The Venerable B. Pate and the VenerableD.S. Simpson; The Very Reverend G.R. Lawrence; Mr. B. Hockman(Diocesan Manager); The Reverend Canon P.S. Robertson; TheReverends H.N. Bright, A.J.L. Copeman, G.C. Dodd; The ReverendDr. J.F. Perry and the Reverend R.L. Zohrab; Mr. W.K. Allen, Ms. R.Brand, Mrs. B. Fenwick, Mr. A.G. Green, Mr. J.A. Heiman and Mr.J.C. Price.

In attendance: The Reverend J.E. Southerden, Chairman AuditCommittee.

APOLOGIES were received from the Right Reverend G.S.Rutherford, the Venerable I.S. Palmer; Mr. R.A. George and Mr. C.Shevels.

WELCOME: The Bishop welcomed the Reverend Garry Dodd to hisfirst meeting of the Council.

2003.080 BISHOP'S REPORT TO COUNCIL [Pages 1-7 of Supplementarybusiness papers]

The Bishop presented his report which was received.

2003.081 ASSISTANT BISHOP'S REPORT TO COUNCIL [Pages 1-2 of theBusiness Papers]

The Assistant Bishop presented his report which was received.

2003.082 MINUTES OF THE PREVIOUS MEETING HELD ON 26/06/2003 hadbeen circulated and were approved for signature as a correct recordof the proceedings of that meeting after the resolution on Waage 4 ofthe minutes relating to Clergy Divorce/Separation was altered toread as follows:

"That Diocesan Council appoints a select committee to investigateall the issues including legal, psychological and theologicalassociated with the separation and/or divorce of stipended clergyand to develop appropriate protocols for the Diocese to adopt. ThatMs. Ruth Brand and Archdeacons David Simpson (Chairman) andBeatrice Pate be the members of this committee with power to co-opt."

2003.083 ADDITIONS TO AGENDA

The Bishop advised that the following items would be additional tothe published agenda:

1. General Synod Standing Committee Report

2. Women in the Episcopate

3. Trustees meeting

4. Audit

2003.084 THE CHAIRMAN indicated that he would deal with agenda item 9,relating to Synod, forthwith.

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Minutes of the Diocesan Council 31 July 2003 -

SYNOD

(A) The Bishop indicated that the Primate would be arriving bytrain, that the Service in the Cathedral had been arranged indetail and further issues relating to parking, serving points formeals and access to technology would be dealt with.

(B) Roll -The Chairman referred to the resolution calling for thesuspension of Standing Orders to permit people elected toSynod under the Bishop's Mandate but after the roll closed tobe permitted as members of Synod.

The Chairman indicated that the Chancellor saw no objectionto this procedure but the Chairman indicated that this was tobe regarded as an exception to the rule and the practicecould not expect to be repeated.

The Council endorsed this view.

(C) Licensing of Clergy as a prerequisite for Synod membership

The Council noted that the issuance of a general licence wasnot necessarily a right to come to Synod and that stipendiaryclergy on/y and full and part-time Chaplains were summonedto Synod under the 1998 Synod Administration Ordinance.The question as to whether the provision for stipendiaryclergy only should be reconsidered was discussed and whilethere was a point of view which indicated that we weregenerous already in the manner in which people weresummoned to Synod, the Council appointed a small group toconsider this and report to the next meeting.

The appointees to this group were:

Mr. W.K. Allen (Chairman and Convenor)

The Venerable K.M. Dean-Jones

Mr. J.A. Helman

(D) Synod 2004

The Council noted that the Synod scheduled for October2004 in Singleton may need to be changed in view ofchanges to the meeting time for General Synod in 2004.

(E) Ordinances for Synod

The Council noted that the Provincial Synod CommissionsOrdinance Accepting Ordinance and the Schools CommissionOrdinance would be the two ordinances considered by Synod.

(F) Motions for presentation to Synod

The Council asked the following persons to move or secondthe resolutions as indicated:

6.11 The Venerable Colvin Ford to second

6.12 The Very Reverend The Dean to second

6.13 The Reverend Arthur Copeman to second

13.1(B) The Reverend Hugh Bright to second

13.1(G) The Revd. Canon Paul Robertson to movewith Mrs. Beryl Fenwick to second

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13.2(1) The Venerable Ian Palmer to move

13.2(M) The Reverend Dr. Julia Perry to second

13.2(N) The Reverend Dr. Julia Perry to second

13.2(0) Ms. Ruth Brand to second

On the Supplementary motions, the Council noted thatArchdeacon Pate was moving a motion relating to OccupationHealth &Safety as it related to churches and the Councilrequested Mrs. Beryl Fenwick to second that motion. Thesecond resolution on the Supplementary list had both moverand seconder already noted.

(G) Election of CEY Commission

The Diocesan Manager advised the Council of the personsvalidly nominated and the Council noted that five personswere to be elected two of whom should be clergy and two ofwhom should be laity.

(H) Election of Cathedral Canon

The Diocesan Manager advised the Council of the personsvalidly nominated.

(I) Diocesan Council sponsored resolutions

These had been dealt with earlier.

2003.085 MATTERS ARISING FROM THE MINUTES:

(A) Morpeth [Pages 12-16 of the business papers)

The Council noted the motion in the Synod Business Paperrelating to this matter.

The Diocesan Manager brought the Council up-to-date withcurrent negotiations and advised that a further party was nowinterested in the site and was offering more than theMirambeena offer.

The point was made that the Diocese needed a very cleardefinition of what it would be allowed to do with land atMorpeth as opposed to what we hoped we might be able todo. This was a very significant issue which should not beoverlooked. The Council noted the advice.

The Reverend Canon Paul Robertson indicated that he and theReverend Arthur Copeman would move an amendment to theCollege motion in the Synod Business Paper to the effect thatthe College be permitted to continue at Morpeth "or at someother site".

The Council endorsed the motion proposed for the Synod andnoted that it could proceed to a sale on the basis of thismotion if it was passed.

(B) Warnervale School -Select Committee

The Council noted that the select committee had had its firstmeeting and that Mr. Neil Tucker had been asked by thecommittee to be the convenor.

(C) University Chaplain

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The Council was advised that a response from the candidatewas awaited.

(D) Merewether Mutuality [Pages 11-14 of the Supplementarybusiness papers]

The Diocesan Manager had recommended to the Council asfollows:

That the Parish of Merewether be given permission to sell 75Curry Street subject to the Property Approvals Boarddetermining an appropriate price. That the sale be subject tothe proceeds being deposited as either;1. A permanent trust;2. A temporary trust with withdrawals subject to Diocesan

Council Approval; or3. A Fixed Term ASDF deposit with Diocesan Council to

approve any withdrawal of capital.

The Venerable C.L. Ford moved, seconded by the ReverendCanon P.S. Robertson:

"That recommendation 3 above be de%ted,"

LOST

Resolution of the recommendation was deferred.

(E) Schools Insurance

Running Minute.

(F~ Sickness and Accident Fund -Actuarial Report [Page 17 ofbusiness papers]

The Diocesan Manager indicated that the funds held by theSickness and Accident Fund were more than adequate tocover possible future claims. In addition, the Diocese wasgenerous in that payments from the fund were based on thestipend rate whereas some other dioceses paid only theactual locum expenses in respect of any illness claim.

It was resolved:

"That a group comprising the Reverend Arthur Copeman(ChairmanJ, Mr, R. N, Caddies and the Diocesan Manager beformed to investigate the management of the Sickness andAccident Fund and such group is requested to advise thisCouncil regarding that investigation,"

(G) Business Action Plan

Running Minute.

(H) Visioning

Running Minute.

(I) St. John's College -Council vacancy

The Diocesan Manager indicated that no nominations hadbeen received to fill this vacancy.

The Council appointed Mr. Laurie Tabart to fill the vacancy.

(J) Financial Function of the Diocesan Office -Contract [Pages18-21 of business papers]

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The Council received the Contract and information provided.

(K) Manning Valley Episcopal Certificate [Page 22 of businesspapers]

The Council noted that the members of the committeeappointed to review the proposal were prepared to resolvethat subject to the enrolment and fees targets being met, theCollege would be able to meet its loan obligations andtherefore recommended to the Bishop that he issue theEpiscopal Certificate.

(L) Manning Valley Anglican College Ordinance [Pages 23-24 ofbusiness papers]

The Council noted the Chancellor's letter tabled on thesepages and his advice that the Manning Valley Anglican CollegeOrdinance would not require amendment in his view.

2003.086 REPORTS:

(A) Bishop's Official Acts and Record [Pages 25-26 of businesspapers]

The list of Bishop's Official Acts and Record was received.

(B) Property Approvals Board Minutes 10 July 2003

These minutes were tabled at the meeting on pages 15-17 ofthe Supplementary business papers.

Mayfield -Proposed sale of Pre-School hall and land

The content of the Board's minutes was noted. If theSamaritans Foundation was continuing discussion with theparish regarding alternative uses for the land then this wasregarded as positive.

Gosford -Proposed sale of 14 Tangerine Avenue, Springfield

The Chairman pointed out that the programme envisaged bythe parish was very ambitious and the Board needed to knowdetails of the parish's planning and further details ofproposals prior to any further consideration of the sale of thisproperty.

The point was made that the parish of Gosford and for thatmatter, the parish of Terrigal, could not deal with their ownproperty problems in isolation. The comment was made thatthe sale of the Springfield property ought to be referred tothe Central Coast Regional Council. The Council referred thismatter to the Diocesan Council Executive for a determinationas to the way to proceed.

Merewether -Proposed sale of 75 Curry Street

In respect of this matter and following prior discussion at thismeeting, Mr. Jim Helman referred to section 58 of the ParishAdministration Ordinance which specifically precluded theplacing of land sale proceeds in the Anglican Savings andDevelopment Fund.

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The Council noted that by specification of this ordinance, therecommendation 3 dealt with earlier under Matters ArisingFrom the Minutes was to be deleted as originally proposed.

The minutes of the Property Approvals Board were receivedby way of report.

(C) Interest Equalisation Report [Page 27 of business papers]

The objective of Interest Equalisation was to subsidiseparishes which were in a borrowing situation in relation to theconstruction or extension of buildings.

The point was made that there could be alternative andpossibly better ways to proceed in respect of subsidisingparishes and the Chairman indicated that it would be usefulfor the Council to perhaps form a small committee to reportback to it on this matter.

The committee appointed was as follows:

The Reverend Arthur Copeman

The Diocesan Manager

The Venerable David Simpson

(D) Professional Standards Legislation [Pages 28-57 of businesspapers]

This item was deferred until later in the meeting.

2003.087 FINANCIAL MATTERS

(A) Audit [Pages 58-66 of business papers]

The report to Diocesan Council from the Diocesan AuditCommittee was spoken to by the Chairman of the Committee,the Reverend John Southerden.

The Council noted that procedures were now in place forManagement Letters to be distributed to each of the entities.Further, that these Management Letters could be received,noting the responses made by Management and that theprocedure allowed for the Audit Committee to agree ordisagree with the response from Management. It was furthernoted that the Audit Committee would be reporting on theManager's responses and that ultimately matters would cometo Diocesan Council for decisions on recommendations made.

The Council further noted that the Auditors would be able tospeak or comment on issues relating to the audit andaccounts and that steps had been taken to avoid a recurrenceof any dissatisfaction with the auditors as had occurredrecently.

The Bishop indicated that systems were now place to preventa repetition of things going wrong as far as could bedetermined.

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The report from the Audit Committee was received as wasthe Management Letter for the year ended 31 December2002 in respect of the Diocesan General Fund and Budget.

(B) Budget Accounts as at 30 June 2003 [Pages 67-89 ofbusiness papers]

The budget account forecast an actual year to date deficit of$52,000 with a budget expectation deficit of $62,000. Thebudget account as at 30 June was received.

(C) Special Purposes and Extra Special Purposes Funds [Pages90 of business papers]

The statement of income and expenditure for these funds forthe 6 month period ended 30 June 2003 was received. Thestatement forecast a balance available of $2725.12 as at 30June although it was noted that Tyrell Trust, General Trustand Temporary Trust income had not been credited to theaccount at this point.

(D) Small Permanent Trusts

Running Minute.

2003.088 GENERAL SYNOD STANDING COMMITTEE

The Dean gave a verbal report on the matters dealt with by therecent Standing Committee meeting. These matters were as follows:

1. Primates meeting in Brazil.

A conference of the world wide Anglican Communion wasplanned and scheduled for October 2007 and this would beheld in conjunction with the Lambeth Conference. EveryDiocese was to be represented by five persons and there willbe a need to make budgetary provision for those five personsto be able to attend the conference. The Council resolved:

"That this budgetary provision be flagged for the budget in2004 and years fo/%wing, "

2. Professional Standards Legislation

Information regarding professional standards legislation wastabled on page 28-57 of the business papers. The Deanindicated that the Standing Committee had spent much timeon this matter. While the legislation was not able to bepresented to the forthcoming Synod, the legislation and theBlake Report would need to be dealt with by a specialmeeting of Synod to enshrine this in our own legislation. Suchlegislation would be as per the Brisbane legislation tabled inthe business papers.

The Dean indicated that the Child Protection legislation andthe work of the Blake Committee had involved considerableexpense. The Dean moved, seconded by Mr. W.K. Allen:

"That the Anglican Diocese of Newcast/e ought to give a leadand set an examp/e and offers $2,000 towards theproduction of material arising from the work of the BakeCommittee and Chi/d Protection Legislation with such

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expenditure to be found from the Extra Special PurposesFund. "

CARRIED

3. Child Protection Committee

A roadshow to publicise the work of this committee wouldbegin on 30 August.

4. Draft legislation for Women Bishops

Draft legislation had been presented to the StandingCommittee of General Synod. A draft issues paper including aBill For a Church Law (Further Clarification) Canon 2004 wastabled on pages 18-29 of the Supplementary businesspapers.

The Council noted the draft legislation proposed forconsideration by General Synod and further noted that theBishop found the legislation diminishing of the Office ofBishop.

The Council indicated that a report on this issue to the nextSynod would be helpful.

5. Drought

The Standing Committee of General Synod noted that thewhole Murray Darling System would be in severe difficultyand we ought to be reminding our own people that thedrought has not gone away in parts of New South Wales,Victoria and Western Australia.

6. Superannuation

The proposal to merge Anglican Superannuation Australia andthe superannuation fund of the Diocese of Sydney had beenconsidered by the Standing Committee of General Synod.The Standing Committee expressed considerable concern thatgiven the largeness of the Diocese of Sydney the rest of themembers could possibly be disadvantaged by such merger. Atthis point, the General Synod Standing Committee refused toaccept the merger.

7. Study Guide

A study guide entitled `Faithfulness in Fellowship' would beavailable shortly from the General Synod Office.

8. General Synod in 2004

The Dean advised that General Synod would be held inOctober 2004 in Western Australia.

The report of the Dean regarding the Standing Committee ofGeneral Synod was received.

Professional Standards Legislation

In respect of the report of the Church Law Commission to alldioceses on diocesan legislation concerning sexual abuse and theresultant Professional Standards Legislation of the Diocese ofBrisbane tabled in the business papers, the Chancellor drew

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attention to certain aspects of the Professional Standards Canon2003 of the Diocese of Brisbane.

It was resolved:

'That we receive the Chance/%r's comments and ask that he mightsend those comments to Justice B/eby, "

A special session of Diocesan Council to consider the ProfessionalStandards legislation was a proposal which would need to beconsidered.

It was noted that when the Anglican Diocese of Newcastleestablishes its own Professional Standards Committee this willinvolve expense not budgeted for.

It was resolved:

"That we acknow/edge the work done in respect of ProfessionalStandards Legislation, that we thank the Commission for its work,that we ask the Diocesan Manager to investigate the costs involvedand to a/so investigate the possibility of the Dioceses of Newcast/eand Grafton having one Professional Standards committee,"

2003.089 TRUSTEES' MEETING -Budget Structure

At the July meeting of the Trustees there was some discussionabout the structure of both the Trustees and the Diocesan Budgets.One of the critical factors affecting distributions by the Trustees isthe number of items that are paid for from the pooled funds prior tothe Trustees grant to the Budget and then the distributions to thetrusts.

At first glance many of the arrangements seem to be based oncustom and practice within the Diocese as opposed to a consideredand deliberate structure. The discussion looked at reviewing thisprocess in conjunction with Diocesan Council with a view to creatingmore transparent funding arrangements.

Mr. J.C. Price moved, seconded by the Venerable D.S. Simpson:

"That the Diocesan Council Executive be asked to establish aworking group in association with the Trustees of Church Propertyfor the Diocese of Newcast/e to review the budget structures ofboth entities and to report back to Diocesan Council with anyrecommendations to restructure these arrangements. "

CARRIED

2003.090 AUDIT MATTERS -Management Letters

Management Letters in respect of the General Fund and the BudgetAccount and in respect of the Newcastle Grammar School Fundwere tabled on pages 31-39 of the Supplementary business papers.

The Management Letters had been dealt with under the heading ofFinancial Matters and the Audit Committee Report.

2003.091 DIOCESAN COUNCIL AS SYNOD

The Diocesan Council had been summoned as Synod for thepurpose of considering the following draft ordinance:

The Anglican Schools (Appointment of Chairman) Ordinance 2003

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Such ordinance was tabled on page 92 of the business papers.

A proposed amendment to clause 9 of the draft ordinance wascontained within a letter from the Reverend Canon Paul Robertsonwhich was tabled on page 91 of the business papers. The letterfrom Canon Robertson was in response to the working group formedby the Council to consider a way forward in relation to theappointment of the Chairman of Diocesan School Boards orCouncils.

The Reverend Canon P.S. Robertson moved, seconded by Mr. A.G.Green:

"That the draft ordinance be approved in princip/e, "

CARRIED

Synod moved into Committee to consider the Bill in detail.

The amendment to clause 9 as proposed in Canon Robertson'sletter read as follows:

There shall be a Chairman of the Council who shall be elected fromthe membership of the Council by the Council in consultation withthe President, to hold office for such term as the Council shalldetermine.

While in Committee the Council considered an amendment to thisclause as follows:

That after the word "with" in the second line the words "and afterthe approval of" be inserted. This was carried.

A further amendment to this clause to the effect::

That after the word "determine" in the third line, the words "beingno longer than that member's term of office remaining" wasproposed, but was not passed.

While in Committee, debate was adjourned for resubmission to theAugust Diocesan Council meeting.

Diocesan Council moved out of Synod.

2003.092 DATE OF NEXT MEETING: This had been scheduled for Thursday,30 October, but this clashed with the Clergy Retreat. The Counciltherefore changed the October meeting date to Thursday, 16OCTOBER at 10.00a.m.

The Reverend Dr. J.F. Perry submitted her apology for this meeting.

2003.093 THERE BEING NO OTHER BUSINESS, the meeting closed with theGrace at 3.21p.m.

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