Assembly Legal Reference Committee

23     Regulations: Moderator Term of Office

That the Assembly resolve: To authorise the Standing Committee, on advice from the Legal Reference Committee:
  • to delete Regulation 3.6.3.1(c); and
  • to make further changes to Regulation 3.6.3.1 and any other regulations that might be required as a consequence of Presidential Ruling #33.
Proposer: Colleen Geyer
Seconder: Malcolm Gledhill
  Rationale: The Legal Reference Committee considered Presidential Ruling #33, and legal advice obtained by the Queensland Synod regarding Regulation changes that may be considered in the light of the Ruling.   Presidential Ruling #33 addressed the question of whether Regulation 3.6.3.1(c), regarding the term for which the Moderator of a Synod is elected, conforms to the Constitution of the Church. The President ruled that Regulation 3.6.3.1(c) does not conform to the Constitution. This is because paragraph 34 of the Constitution explicitly empowers the Synod to determine the term of a Moderator, whilst Regulation 3.6.3.1(c) purports to limit that term. Therefore, the express authority for the Synod to determine the term of the Moderator granted by paragraph 34 of the Constitution overrides the inconsistent provision in Regulation 3.6.1(c) and the Synod is able to exercise the authority granted by paragraph 34 of the Constitution. The Presidential Ruling was confirmed by the Standing Committee in November 2017 (ASC minute 17.55).