9th Assembly proposals 68

68. AMENDMENTS TO REGULATIONS ON CLASSIFICATION OF MINISTERS
(Gregor Henderson and Robert Johnson)

That the Assembly request the Standing Committee to consult with Church Polity and Synod Secretaries with a view to amending Regulations as follows, and authorise Standing Committee, on the advice of the Legal Reference Committee, to amend the Regulations as it determines, including consequential amendments, in light of its consideration and consultation:

A. Delete Regulations 2.3.10 - 2.6.1 and replace them with the following Regulations 2.4.1 - 23:

"RECOGNITION AND DUTIES OF A MINISTER

RECOGNITION OF A MINISTER
2.4.1 A Minister is recognised by ordination, by admission from another denomination, or by the re-admission of a former Minister. A Minister is recognised as such for the whole of life unless that recognition is withdrawn.

DUTIES OF A MINISTER
2.4.2 Within the ministry of the whole Church, Jesus Christ calls men and women to proclamation of the gospel in word and deed through the ministry of the Word and the ministry of Deacon. This calling is exercised by:
(a) preaching of the Word;
(b) presiding at the celebration of the sacraments;
(c) witnessing in the community to the gospel of Jesus Christ;
(d) guiding and instructing the members of the Church and equipping them for their ministry in the community;
(e) nurturing candidates for baptism and confirmation;
(f) pastoral oversight and counsel wherever needed;
(g) serving in the community, especially among those who are hurt, disadvantaged, oppressed or marginalised;
(h) careful attention to administrative responsibilities;
(i) due observance of the discipline of the Church;
(j) the enhancement of the Minister's own gifts for the work of ministry;
(k) pioneering new expressions of the gospel and encouraging effective ways of fulfilling the mission of the Church.

2.4.3 Every Minister shall participate fully and regularly in the public worship of God and the mission and fellowship of the Congregation with which the Minister is enrolled (Regulations 2.4.12-14).

2.4.4 Every Minister shall report annually to the Presbytery with which the Minister is enrolled on the ways in which the duties of a Minister as prescribed in Regulations 2.4.2 and 2.4.3 are being exercised.

ACTIVE SERVICE
2.4.5 A Minister shall be recognised as in active service if the Minister is
(a) in an approved placement designated by a Synod or the Assembly for the regular exercise of the duties of a Minister (Regulation 2.4.2);
(b) seconded to another church for a defined period by the Placements Committee of the Synod at the request of such other church or a council or agency of that church for the regular exercise of the duties of a Minister (Regulation 2.4.2); such period of secondment may be extended or varied by the Placements Committee;
(c) serving in an ecumenical or Church-related body for a defined period with the approval of the Placements Committee of the Synod for the regular exercise of the duties of a Minister (Regulation 2.4.2); such period of service may be extended or varied by the Placements Committee;
(d) regularly and faithfully exercising the duties of a Minister (Regulation 2.4.2) in a situation other than those described in (a), (b) or (c) above, with the approval of the Placements Committee on the recommendation of the Presbytery; the Placements Committee may at any time, after review of the work of the Minister or on the recommendation of the Presbytery, declare that the Minister is no longer in active service.

LEAVE OF ABSENCE
2.4.6 A Minister may be granted leave of absence from active service by the Placements Committee on the recommendation of the Presbytery for a defined period
(a) to undertake an approved course of study,
(b) for family or other pastoral reasons, or
(c) for other reasons which the Placements Committee considers sufficient.

RETIREMENT
2.4.7 A Minister may retire from active service
(a) permanently
(i) after reaching the age of 55,
(ii) on the issue of a medical certificate by the Synod's Medical Advisers that the Minister is unfit for active service and the Beneficiary Fund has determined a pension will be paid, or
(iii) for any other reason which the Placements Committee after consultation with the Presbytery considers sufficient.
(b) temporarily for a defined period with the approval of the Placements Committee of the Synod on the recommendation of or with the concurrence of the Presbytery on the issue of a medical certificate by the Synod's Medical Advisers that the Minister is temporarily unfit for active service and the Beneficiary Fund has determined a pension will be paid. Such temporary retirement may be extended or varied by the Placements Committee and at the end of the period of temporary retirement the Minister shall return to active service.

NOT AVAILABLE FOR PLACEMENT
2.4.8 A Minister shall be designated as not available for placement
(a) at any time when the Placements Committee on the recommendation of or with the concurrence of the Presbytery determines that for a defined period the Minister shall not be in active service for any reason which the Placements Committee and the Presbytery consider to be sufficient, and such designation may be extended or varied by the Placements Committee after consultation with the Presbytery;
(b) pursuant to any determination of the Committee for Discipline to suspend a Minister from active service (Reg 7.8.16 (c) and (e)), such designation being for the period determined by the Committee for Discipline.

AWAITING PLACEMENT
2.4.9 Any Minister who is not in active service and who is not on leave of absence, retired or designated not available for placement shall be designated as awaiting placement. Such Ministers will make themselves available for call to a placement or other active service. Any Minister who continues in the designation of awaiting placement for more than two years shall cease to be recognised as a Minister unless the Placements Committee and the Presbytery both agree, by a two-thirds majority, that there are circumstances which warrant the extension of the term by a further year. Any Minister who ceases to be recognised under this Regulation is eligible for re-admission in accordance with Reg 2.3.8.

PRESBYTERY ROLLS
2.4.10 The name of each recognised Minister shall be listed on the roll of an appropriate Presbytery to which the Minister shall be answerable in matters of faith and discipline. A Minister shall be designated as on active service, on leave of absence, retired, not available for placement or awaiting placement. The Presbytery shall review the roll of Ministers each year to ensure that each Minister is designated correctly.

2.4.11 A Minister in an approved placement in the Assembly or a Synod shall be placed on the roll of a Presbytery designated by the Assembly or Synod respectively.

CONFIRMED MEMBERS ROLLS
2.4.12 A Minister in a placement in a Congregation(s) shall be listed on the roll of confirmed members of one Congregation within the pastoral charge.

2.4.13 In all other cases, a Minister shall be listed on the roll of confirmed members of the Congregation with which the Minister chooses to be actively involved and the Minister shall advise the Presbytery of the Congregation chosen.

2.4.14 The Presbytery shall record on its roll of Ministers, along with the Minister's designation, the name of the Congregation on whose roll of confirmed members the Minister is listed.

MINISTERS-IN-ASSOCIATION
2.4.15 Any Minister who is not in an approved placement in a Congregation(s) nor designated not available for placement may on the invitation of a Church Council and with the approval of the Presbytery become a Minister-in-Association within the Congregation or Pastoral Charge to fulfil such pastoral, preaching or other responsibilities as may be agreed with the inducted Minister(s).

2.4.16 (a) The term of service of a Minister-in-Association shall be not more than two years. It may be renewed with the approval of the Presbytery.
(b) The term of service of a Minister-in-Association shall cease whenever there is a change of or within any placement in the Congregation or Pastoral Charge. A new invitation may be issued after the change in accordance with Regulation 2.4.15.

CHANGE OF ORDAINED MINISTRY
2.4.17 (a) A Minister of the Word may apply to the Presbytery to be accepted as a candidate for the ministry of Deacon. If accepted, and when all requirements for ordination to the ministry of Deacon have been satisfied, such person shall be ordained as a Deacon, and shall thereupon cease to be recognised as a Minister of the Word.
(b) A Deacon may apply to the Presbytery to be accepted as a candidate for the ministry of the Word. If accepted, and when all requirements for ordination to the ministry of the Word have been satisfied, such person shall be ordained as a Minister of the Word, and shall thereupon cease to be recognised as a Deacon.
(c) Applications shall be in writing.
(d) The Presbytery shall deal with the application in terms of Regulations 2.2.6 to 2.2.14, with the exception of requiring a report and recommendations of the Church Council and confidential report of the Minister.

COLLEGIATE MINISTRIES
2.4.18 Where within any one pastoral charge more than one Minister is placed to share the ministerial responsibilities,
(a) they shall be recognised as colleagues of equal standing;
(b) for the better fulfilment of the mission of the Church, the better use of gifts and graces of the Ministers and the better ordering of the life of the pastoral charge, specified responsibilities may from time to time be allocated to a particular Minister, as determined either
(i) by the Ministers serving in the pastoral charge, with the approval of the Church Council; or
(ii) by the Church Council, with the approval of the Ministers serving in the pastoral charge.
In the event of disagreement, then either the Church Council or any of the Ministers may refer the matter to the Presbytery which shall be entitled to investigate and to determine any or all of the matters in question. Any arrangements made at the time of the commencement of the placement of the Ministers shall be taken into account in any determinations made under this Regulation.

MINISTRY TEAMS
2.4.19 (a) Church Councils and other appropriate bodies may determine that a ministry team is to function within a pastoral charge or part of a pastoral charge, for the purpose of better enabling Christ's mission within the pastoral charge, and shall designate the members of the ministry team. A ministry team may consist of Ministers serving in placements in the pastoral charge, those in specified ministries serving in the pastoral charge, and other lay and ordained leaders, whether stipended or non-stipended.
(b) A Church Council or other appropriate body will designate the member of the ministry team who has responsibility for convening meetings and co-ordinating ministry functions.
(c) In the event of disagreement on the composition of the ministry team or the designation of the person designated under (b) above, then the Church Council or any of the Ministers, Lay Pastors or Youth Workers within the pastoral charge may refer the matter to the Presbytery, which may investigate and determine the matter.
(d) The composition of the ministry team and the designation of the person under (b) above may be reviewed by the Church Council or other appropriate body whenever deemed appropriate, and shall be reviewed when there is a change in a ministerial placement.

STIPENDS
2.4.20 [As determined under proposal 65]

PROVISIONS AND ALLOWANCES
2.4.21 Provision for the housing of Ministers in placement and for travelling allowances, leave entitlements, insurances and expenses of such Ministers shall be made in accordance with the determination of the Synod or other determining body.

BENEFICIARY FUNDS
2.4.22 The Assembly shall establish and maintain a retirement fund and such other beneficiary funds for Ministers as the Assembly may consider appropriate, and shall determine the conditions upon which a Minister may be required to participate or may be exempt from participation in such funds.

WITHDRAWAL OF RECOGNITION
2.4.23 The recognition of a Minister may be withdrawn by the Synod by reason of
(a) the acceptance by the Presbytery with which the Minister is enrolled of a resignation from the Ministry, or
(b) continuing in the designation of awaiting placement for more than two years or any approved extended period, or
(c) a determination of the Committee for Discipline pursuant to Regulation 7.8.16(f)."

B. Consequential Amendments

1. Delete Reg 2.7.5 which is now redundant, there being no category of "Ministers without Placements" and the provisions of Reg 2.7.5 (b) now included in the proposed Reg 2.4.8 (a).

2. Delete Reg 2.7.6(g) which is now redundant.

3. Inductions Reg 2.7.20 (d) is redundant and it is proposed to replace it with
"2.7.20 (d) The Presbytery shall be responsible for, or shall participate in, any service of worship in which a Minister is inducted or commissioned."

4. Exercise of Ministerial Function These Regulations now appear to be redundant and should be deleted. The provisions of Reg 2.7.23 if ever needed can be exercised under proposed Reg 2.4.8 (a).

5. Membership of Church Council amend Reg 3.1.12(a)(iii) by deleting "Regulation 2.5.1(g)" and inserting "2.4.15".

6. Presbytery Membership It is proposed that every Minister who is in active service should be a Presbytery member and other Ministers, except those designated not available for placement, should be associate members. The amended regulations are
"3.4.15 The Presbytery shall consist of
(a) Ministers who are
(i) in active service;
(ii) associate members appointed officers of the Presbytery, and co-opted by Presbytery to full membership during all or part of their term of office.

3.4.16 (a) Ministers who are on leave of absence, retired or awaiting placement shall be associate members of Presbytery unless they are members of the Presbytery under the provisions of Regulation 3.4.15."

7. Pastoral Relations Committee The duties in Reg 3.4.38(c)(viii) are now inappropriate and the duties in Reg 3.4.38(c)(ix) could be extended. Proposed replacement Regulations are
"3.4.38 (c)……
(viii) to make provision for the appropriate pastoral support and accountability of Ministers in active service who are not in approved placements;
(ix) to review the list of Ministers under its care who are awaiting placement with a view to either assisting such Ministers to return to active service or to make other appropriate vocational decisions or suggesting to a Church Council that an invitation be extended to the Minister to become a Minister-in-Association."

Rationale:
The detail in this proposal has been prepared by Des Cousins (former General Secretary of the Synod of Tasmania), at the request of the Synod Secretaries who have had carriage of this matter in recent months, following decisions of the Standing Committee and the Legal Reference Committee. Because neither the Synod Secretaries nor Church Polity have had opportunity in the past few months to consider the detail, the proposal requests the Standing Committee to consult with them and then authorises Standing Committee to make amendments to the regulations at it determines.

The Eighth Assembly (Min 97.56) requested the Standing Committee to review the regulations on the Classification of Ministers and authorised the Standing Committee on the advice of the Legal Reference Committee to amend the Regulations in the light of the review.

The minute further specified that
§ the category "secular employment" was to be deleted;
§ the term "classification" might be omitted;
§ the Beneficiary Fund should have determined that a pension be paid before any Minister was permitted to retire temporarily;
§ Ministers not in active service who are not retired should only continue to be recognised as Ministers if on leave for a specified period;
§ leave from active service be granted by the Synod on the recommendation of the Presbytery for certain specified reasons;
§ the procedure of declaring a position not under the jurisdiction of the Church as a placement should be discontinued; and
§ the Regulations should specify the conditions under which a Minister's employment in any position not under the jurisdiction of the Church could be approved by the Synod.

The Synod Secretaries were asked to work on the detailed review of the regulations and Robert Johnson and Des Cousins acted as a sub-committee to prepare the proposed amendments. As the matter has gone on for some time, and as some the proposals now go further than originally envisioned and as the Ninth Assembly was only a few months away, the Standing Committee decided to bring the matter to the Assembly rather than to act on the authority given it by the last Assembly.

The "organising principle" adopted as the basis of the new proposals is the assumption that the normative situation for a Minister is to be in "active service" and that is best defined in terms of fulfilling the existing regulations in regard to the "duties of a Minister". That is, if a Minister is in an approved placement, seconded to another church, serving in an ecumenical or Church-related body, or otherwise "regularly and faithfully" (to the satisfaction of the Placements Committee and the Presbytery) exercising the duties of a Minister, then that Minister is in "active service". A consequential insight was that "active service" should also be the normal prerequisite for Presbytery membership for a Minister.

The exceptions to "active service" proposed for recognition are leave of absence, retirement, not available for placement or awaiting placement. Apart from permanent retirement, all these exceptions have time limitations and expect a return to active service. If a Minister continues to be "awaiting placement" for more than two years (with a possible extension to a maximum of three years) then recognition as a Minister will cease: as indicated above, it is normative in the polity of the Uniting Church that as Minister is in "active service". Two additions are proposed in the regulation relating to the duties of a Minister, the requirement to participate in worship, mission and fellowship in a Congregation, and reporting annually to the Presbytery on the way in which the duties of a Minister have been fulfilled.

It is further proposed that all the Regulations relating to the recognition, duties and rights or privileges of a minister be included in one section of the Regulations and the proposed regulations make that provision.

A significant addition is to make the Placements Committee the body responsible wherever the Synod was mentioned before. This accords with the practice in many Synods which by By-law or other provision have referred their powers in this regard to their Placements Committee. In some other cases the Placements Committee has been made the body to effect decisions but only on the recommendation or request of the Presbytery or after consultation with the Presbytery. This proposal is made so that the Placements Committee will have a total overview of matters relating to the exercise of ministry and to ensure a measure of consistency within each Synod.