That the Assembly:

37.1 determine that each Congregation or group of Congregations re-establish a Council of Elders to have, with the Minister, oversight of the total life and mission of the Congregation and responsibility for resourcing that life and mission;

37.2 determine that the Council of Elders consist of:
(a) the Ministers, Youth Workers and Lay Pastors who are settled in the Congregation;
(b) Community Ministers and candidates for Community Minister who are serving in community ministry in the Congregation;
(c) Ministers, being members of the Congregation, who are Ministers-in-Association in accordance with Regulation 2.5.1(g); and
(d) the Elders of the Congregation;

37.3 determine that the Council of Elders assume the duties and responsibilities currently exercised by the Church Council;

37.4 determine that each Congregation or group of Congregations establish a Property and Finance Committee elected annually and responsible to the Council of Elders;

37.5 determine that membership of the Property and Finance Committee be:
(a) a treasurer appointed annually by the Congregation;
(b) members of the Congregation who may be non-Elders and who have the appropriate gifts; and
(c) at least one Elder to be appointed by the Council of Elders.

37.6 determine that the duties and responsibilities of the Property and Finance Committee be:
(a) managing the financial affairs and assisting in the general administration of the Congregation including the preparation and presentation of all necessary budgets, statements and reports;
(b) managing and controlling property in accordance with the Regulations;
(c) preparing and presenting to a meeting of the Congregation, through the Council of Elders, an annual report concerning property and finance and making recommendations with regard to those matters for the ensuing year; and
(d) reporting at least quarterly to the Council of Elders;

37.7 amend clause 2 of the Constitution by the substitution of 'guided by its Basis of Union' by 'as that way is described in the Basis of Union' so that clause 2 shall read:
"The Church, affirming that it belongs to the people of God on the way to the promised end, lives and works within the faith and unity of the one holy catholic and apostolic church, as that way is described in the Basis of Union."

Subject to the assent by the Assembly to the foregoing proposals:

37.8 approve the following consequential amendments to the Constitution:

(a) clause 3 - under 'Definitions', replace 'Church Council' with 'Council of Elders' and change location on the page of the definition of 'Council of Elders' to its appropriate alphabetical position;

(b) clause 9 - change 'Church Council' to 'Council of Elders';

(c) clause 10(a) - change 'Church Council' to 'Council of Elders';

(d) clause 10(b) - change 'Church Council' to 'Council of Elders';

(e) clause 11 - change 'Church Council' to 'Council of Elders';

(f) clause 19(b) - replace existing clause with 'the Elders shall be members of the Council of Elders';

(g) clause 24(a) - change 'Church Council' to 'Council of Elders';

(h) clause 24(b) - change 'Church Council' to 'Council of Elders';

(i) clause 24 - final sentence: change 'Church Councils' to 'Councils of Elders';

(j) clause 70(g) - change 'Church Council' to 'Council of Elders';

37.9 request the Standing Committee, on the advice of the Legal Reference Committee, to amend the Regulations to ensure conformity with the principles adopted in the preceding resolutions.

Rationale:
In presenting these proposals, the mover and the seconder recognise the problem which the 1997 Assembly sought to correct but, without wishing to return to the former intolerable confusion and dichotomy, reject the solution offered by that Assembly on three grounds: theological, constitutional and practical.

The Theological Objection

The creation of the Church Council means, inter alia, that:
(a) those who are not gifted for, nor called to, eldership now participate in conversations and decision making which lie at the pastoral/spiritual heart of congregational life;
(b) that those who are so called no longer necessarily have, simply by the right of that calling, a place with other elders in the corporate guidance of the congregation in matters of faith and practice.
The theology of conciliar governance of the people of God which emerges from the scriptures (and which lies behind the polity defined in the Basis of Union) requires that such leadership be exercised corporately by the shepherds of the flock - ie. elders. Assembly Minute 97.28.02(b) is not a development of the intention of the Basis of Union in this matter, but a denial of it. (See D. McCaughey's "commentary", p.91). Vital issues of ministry (the proper ordering thereof) and polity are thus at stake.
It is our view that the pastoral implications of matters of property and finance mean that these are properly the business of the Council of Elders for final determination, and that therefore the 'one council' is, properly, the Council of Elders.

The Constitutional Objection

The creation of the Church Council fails two critical constitutional tests and raises a major dilemma:
(a) It represents, unarguably, a radical departure from the spirit, intention and letter of the Basis of Union.
(b) It clearly fails to reflect the requirement of the Constitution (clause 2) that the life of the Uniting Church be "guided" by its Basis of Union.
The dilemma: the 1977 Assembly established the Uniting Church upon the Basis of Union with the Council of Elders as one of the five inter-related Councils responsible for the government of the Church. That decision has never been rescinded (and, in reality, cannot be) and now we have a second decision in conflict, the creation of the Church Council by the 1997 Assembly.
Clearly and unhappily, the authority of the Basis of Union is problematical. The creation of the Church Council is a direct assault upon that authority. The issue needs to be resolved.
The suggested amendment to the Constitution (see proposal 37.8) is proposed in the hope that the definitive place of the Basis of Union intended by its framers and by the great majority of those who voted to enter the Uniting Church (State Acts notwithstanding, invocation of which is, at this time, pure revisionism), will be respected, and the document, so prayerfully and painstakingly drafted, explored with a sense of joyful expectation as the continuing charter for renewal for the Uniting Church, with the Council of Elders restored to its intended place within the conciliar framework.

Practical Objections

Simplicity, flexibility and diversity were the key selling points of the argument for the structural change that brought the Church Council into being.
The alleged greater simplicity of the new structure has created obstacles to efficient and effective decision making: Agendas and durations of meetings have become unduly extended to accommodate the full range of issues - pastoral, property and financial; pastoral issues compete for discussion time with property and financial matters with debate being terminated prematurely because of the volume of business; pastoral issues are debated in a context where only some councillors have the gifts of, or the call to, pastoral leadership. Despite the exhortation in Regulation 3.1.10 (a), pastoral matters are the most likely to receive truncated consideration. Change to the organizational structure of the Uniting Church has certainly produced diversity - indeed what may be described as a "plethora of ad-hocracies" - much of which has no claim to theological integrity. Unfortunately, but perhaps predictably, sinister concomitants of this diversity are beginning to emerge: an alarming and escalating degree of confusion with respect to the vocation of eldership only now beginning to be articulated at grass-roots level; disaffection prompted by this confusion; disquiet at the perceived erosion of the place of the Basis of Union in the Uniting Church; and dismay at the prominence given to organizational theory at the expense of theology at the base of our Church's corporate life.
Flexibility is an important attribute of an organizational structure but, in a Church, flexibility only has merit within a theologically sound framework. The Basis of Union already offers both soundness and flexibility. (see Para. 15 (a)).

NOTE THAT PAGE D - 28 HAS BEEN DELIBERATELY LEFT BLANK

In relation to proposal 37.9 the Presbytery of The Downs believes the following amendments to Regulations will be required:

Regulation 1.1.3(a) Change "Church Council" to "Council of Elders"
Regulation 1.1.6 Change "Church Council" to "Council of Elders"
Regulation 1.1.7 Change "Church Council" to "Council of Elders"
Regulation 1.1.11 Change "Church Council" to "Council of Elders"
Regulation 1.1.12 Change "Church Council" to "Council of Elders"
Regulation 1.1.14(a) Change "Church Council" to "Council of Elders"
Regulation 1.1.14(b) Change "Church Council" to "Council of Elders"
Regulation 1.1.15(a)(iv) Change "Church Council" to "Council of Elders"
Regulation 1.1.15(b) Change "Church Council" to "Council of Elders"
Regulation 1.1.15(c) Change "Church Council" to "Council of Elders"
Regulation 1.1.17 Change "Church Council" to "Council of Elders"
Regulation 1.1.18 Change "Church Council" to "Council of Elders"
Regulation 1.1.19 Change "Church Council" to "Council of Elders"
Regulation 1.1.20 Change "Church Council" to "Council of Elders"
Regulation 1.1.21 Change "Church Council" to "Council of Elders"
Regulation 1.1.24 Change "Church Council" to "Council of Elders"
Regulation 2.2.5 Change "Church Council" to "Council of Elders"
Regulation 2.2.6(a) Change "Church Council" to "Council of Elders"
Regulation 2.3.11(b) Change "Church Council" to "Council of Elders"
Regulation 2.3.12(a) Change "Church Councils" to "Councils of Elders"
Regulation 2.3.12 (b) Change "Church Council" to "Council of Elders"
Regulation 2.3.12(c) Change "Church Council" to "Council of Elders"
Regulation 2.3.12(d) Change "Church Council" to "Council of Elders"
Regulation 2.4.5(c) Change "Church Council" to "Council of Elders"
Regulation 2.4.10(d) Change "Church Council" to "Council of Elders"
Regulation 2.5.1(g) Change "Church Council" to "Council of Elders"
Regulation 2.5.5(e) Change "Church Council" to "Council of Elders"
Regulation 2.7.8(b) Change "Church Council" to "Council of Elders"
Regulation 2.7.8(c) Change "Church Council" to "Council of Elders"
Regulation 2.7.8(d) Change "Church Council" to "Council of Elders"
Regulation 2.7.11(a)(iii) Change "Church Council" to "Council of Elders"
Regulation 2.7.15(b) Change "Church Council" to "Council of Elders"
Regulation 2.7.24(a) Change "Church Council" to "Council of Elders"
Regulation 2.8.4(c) Change "Church Council" to "Council of Elders"
Regulation 2.8.6(a) Change "Church Council" to "Council of Elders"
Regulation 2.8.6(f) Change "Church Council" to "Council of Elders"
Regulation 2.8.8 Change "Church Council" to "Council of Elders"
Regulation 2.8.9(b) Change "Church Council" to "Council of Elders"
Regulation 2.8.11 Change "Church Council" to "Council of Elders"
Regulation 2.10.1(a)(i) Change "Church Council" to "Council of Elders"
Regulation 2.11.4(a) Change "Church Council" to "Council of Elders"
Regulation 2.11.5(c) Change "Church Council" to "Council of Elders"
Regulation 2.12.22(a) Change "Church Council" to "Council of Elders"
Regulation 2.12.22(b) Change "Church Council" to "Council of Elders"
Regulation 2.13.4(a) Change "Church Council" to "Council of Elders"
Regulation 2.13.12(b) Change "Church Council" to "Council of Elders"
Regulation 2.13.19(b) Change "Church Council" to "Council of Elders"
Regulation 3.1.8(d) Delete "and other members of the Church Council"; add after "elders" "and members of the Property and Finance Committee annually, including a Treasurer"
Regulation 3.1.8(i) Change "Church Council" to "Council of Elders"
Regulation 3.1.10(a) Delete "who serve on the Church Council" and "in the work of the Church Council"; or delete the final sentence
Regulation 3.1.10(b) Change "members of the Church Council" to "members of the Council of Elders"
Regulation 3.1.11(a) Change "Church Council" to "Council of Elders"; add "and a Property and Finance Committee"; change "its" to "their"

Regulation 3.1.11(b) Change "Church Council" to "Council of Elders"; after "the composition of the Church Council" add "and the Property and Finance Committee" and after "the Church Council" add ", the Property and Finance Committee"

Heading above 3.1.12 Change "Church Council" to "Council of Elders"
Regulation 3.1.12(a) Change "Church Council" to "Council of Elders"
Regulation 3.1.12(a)(iv) Delete existing Regulation and replace with "Elders"
Regulation 3.1.12(a)(v) Delete this Regulation and the following sentence beginning "Subject to paragraph (b) ... "
Regulation 3.1.12(b) Delete (b) and renumber remaining paragraphs
Regulation 3.1.12(c) Change "Church Council" to "Council of Elders"
Regulation 3.1.12(d) Change "Church Council" to "Council of Elders"
Regulation 3.1.12(e) Change "Church Council" to "Council of Elders"
Regulation 3.1.12(f) Change "Church Councils" to "Councils of Elders"

Heading above 3.1.13 Change "Church Council" to "Council of Elders"
Regulation 3.1.13(a) Change "Church Council" to "Council of Elders"
Regulation 3.1.13(b) Change "Church Council" to "Council of Elders"
Regulation 3.1.13(b)(vii) Substitute "including the reception and presentation to the Congregation of all necessary budgets, statements and reports" for "including the reception, preparation and presentation of all necessary budgets, statements and reports"
Regulation 3.1.13(b) Add as a further Regulation:
"(xii) appointing a representative Elder or Elders to the Property and Finance Committee"

Heading above 3.1.14 Delete "and Church Councillors"
Regulation 3.1.14(a) Delete "and Church Councillors"
Regulation 3.1.14(c) Delete "and other Church Councillors"
Regulation 3.1.14(c) (i) Change "Church Council" to "Council of Elders"
Regulation 3.1.14(c) (ii) Change "Church Council" to "Council of Elders"; change "Councillors" to "Elders".

New Regulation
Insert a new Regulation 3.1.15 and re-number all existing Regulations from 3.1.15 to 3.1.32, the new Regulation 3.1.15 and heading to read:
"Duties and Responsibilities of the Property and Finance Committee
3.1.15 (a) Managing the financial affairs and assisting in the general administration of the Congregation including the preparation and presentation of all necessary budgets, statements and reports;
(b) Managing and controlling property in accordance with the Regulations;
(c) preparing and presenting to a meeting of the Congregation, through the Council of Elders, an annual report concerning property and finance and making recommendations with regard to those matters for the ensuing year; and
(d) reporting at least quarterly to the Council of Elders."

Heading above 3.1.15 [now 3.1.16] Delete "and other Church Councillors"
Regulation 3.1.16 [now 3.1.17] Delete "and an elected Church Councillor" and "or Church Councillor"
Heading above 3.1.17 [now 3.1.18] Delete "and Church Councillors"
Regulation 3.1.17(a) [now 3.1.18 (a)] Delete "and a Church Councillor respectively"
Regulation 3.1.17(b) [now 3.1.18 (b)] Change "Church Council" to "Council of Elders"; delete "or Councillor"
Regulation 3.1.18 [now 3.1.19] Change "Church Council" to "Council of Elders"
Regulation 3.1.19 [now 3.1.20] Change "Church Council" to "Council of Elders"
Regulation 3.1.20 [now 3.1.21] Change "Church Council" to "Council of Elders"
Regulation 3.1.21 [now 3.1.22] Change "Church Council" to "Congregation"; after "treasurer" add "to the Property and Finance Committee"
Regulation 3.1.21(c) [now 3.1.22 (c)] Change "Church Council" to "Council of Elders"
Regulation 3.1.21(d) [now 3.1.22 (d)] Change "Church Council" to "Council of Elders"
Regulation 3.1.22 [now 3.1.23] Change "Church Council" to "Council of Elders"

Heading above Regulation 3.1.23 [now 3.1.24]
Change "Church Council" to "Council of Elders"
Regulation 3.1.23 Replace this Regulation with another Regulation which reads as follows:
"Acknowledging the prerogative of the Congregation to create "a diversity of agencies for the better ordering of its life" (see Pan 15 (a) of the Basis of Union), the Council of Elders, in fulfilling its role, may appoint an Executive and other committees and/or task groups to assist the Council of Elders in any of its responsibilities."

Regulation 3.1.24 [now 3.1.25] Change "Church Council" to "Council of Elders"
Regulation 3.1.25 [now 3.1.26] Change "Church Council" to "Council of Elders"
Regulation 3.1.26 [now 3.1.27] Change "Church Council" to "Council of Elders"
Regulation 3.1.27 [now 3.1.28] Change "Church Council" to "Property and Finance Committee, through the Council of Elders"

Regulation 3.1.29 [now 3.1.30] Replace existing Regulation with:
"3.1.30 (a) The Congregation(s) shall establish a Council(s) of Elders (as per Regulation 3.1.11) to fulfil the responsibilities of that/those Council(s) (as per Regulation 3.1.13) with respect to Congregational life.
(b) The Congregation(s) shall, in consultation with the Presbytery, establish a Board for the oversight of the work that is the particular focus for which the status "Parish Mission" has been granted.
(c) The Board will consist of:
(i) Members appointed by the Congregation(s) annually, at least three of whom shall be Elders; and
(ii) Members appointed by the Presbytery.
The relative proportions of (i) and (ii) will be determined by the Presbytery in consultation with the Congregation(s) or Council(s) of Elders.
(d) Synod may, at its discretion, determine that in regard to any particular Parish Mission, the Synod or a Synod body determined by it, shall make appointments to the Board in place of Presbytery in (c) (ii) hereof."

Regulation 3.4.5(d) Change "Church Council" to "Council of Elders"
Regulation 3.4.5A Change "Church Council" to "Council of Elders"
Regulation 3.4.38(c) (ix) Change "Church Council" to "Council of Elders"
Regulation 3.5.35(a) (ii) Change "Church Council" to "Council of Elders"
Regulation 4.2.1(d) Change "Church Council" to "Council of Elders"
Regulation 4.2.1(f) Change "Church Council" to "Council of Elders"
Regulation 4.3.2(a)(i) Change "Church Council" to "Council of Elders"
Regulation 4.3.2(a)(ii) Change "Church Council" to "Council of Elders"
Regulation 4.3.2(a)(iii) Change "Church Council" to "Council of Elders"
Regulation 4.3.2(a)(v) Change "Church Councils" to "Councils of Elders"
Regulation 4.4.1 Change "Church Council" to "Council of Elders"
Regulation 4.4.3 Change "Church Council" to "Council of Elders"
Regulation 4.4.4 Change "Church Council" to "Council of Elders"
Regulation 4.4.5 Change "Church Council" to "Council of Elders"
Regulation 4.4.5(d) Change "Church Council" to "Council of Elders"
Regulation 4.5.2(a) Change "Church Council" to "Council of Elders"
Regulation 4.6.1(a) Change "Church Council" to "Council of Elders"
Regulation 4.6.1(b) Change "Church Council" to "Council of Elders"
Regulation 4.6.2(b) Change "Church Council" to "Council of Elders"
Regulation 4.6.3 Change "Church Council" to "Council of Elders"
Regulation 4.8.1(c)(v) Change "Church Council" to "Council of Elders"
Regulation 4.11.1(b) Change "Church Council" to "Council of Elders"
Regulation 5.5.1 Change "Church Council" to "Council of Elders"
Regulation 5.5.2(c) Change "Church Council" to "Council of Elders"
Regulation 5.5.2(d) Change "Church Council" to "Council of Elders"
Regulation 5.5.3(d) Change "Church Council" to "Council of Elders"
Regulation 5.5.4 Change "Church Council" to "Council of Elders"
Regulation 5.5.5 Change "Church Council" to "Council of Elders"
Regulation 5.5.7 Change "Church Council" to "Council of Elders"
Regulation 5.5.10(a) Change "Church Council" to "Council of Elders"
Regulation 5.5.10(c) Change "Church Council" to "Council of Elders"
Regulation 5.5.10(g) Change "Church Council" to "Council of Elders"
Regulation 5.5.10(h)(i) Change "Church Council" to "Council of Elders"
Regulation 7.1.3 Change "Church Council" to "Council of Elders"
Regulation 7.2.1 Change "Church Council" to "Council of Elders"
Regulation 7.2.2 Change "Church Council" to "Council of Elders"
Regulation 7.2.3 Change "Church Council" to "Council of Elders"
Regulation 7.2.4 Change "Church Council" to "Council of Elders"
Regulation 7.2.6(a) Change "Church Council" to "Council of Elders"