Appellate Tribunal

The Appellate Tribunal is a national tribunal. It can hear and determine appeals from any determination by the Special Tribunal or an appeal from a diocesan or provincial tribunal. Every appeal is by way of a re-hearing. It may also deal with references in any matter relating to the powers of General Synod and involving questions of faith, ritual, ceremonial or discipline matter in the Church, as specified by relevant sections of the Constitution of the Anglican Church of Australia.

The Tribunal consists of three diocesan bishops and four lay people. Lay members need to be both a qualified lay representatives of a diocese and a legal professional, either as a judge or a practising barrister or solicitor. Provisions for appointing members are laid out in the Appellate Tribunal Canon 1981.

MEMBERSHIP

The current membership is:
The Hon Keith Mason AC QC (President)
Justice Richard Refshauge (Deputy President)
The Most Rev’d Dr Phillip Aspinall AC
The Rt Rev’d Garry Weatherill
The Hon Justice Clyde Croft AM
Vacancy following retirement of The Rt Rev’d John Parkes AM
Vacancy following resignation of Ms Gillian Davidson
 

Rules for the operation of the Appellate Tribunal

Determinations of the Appellate Tribunal

 

RECENT MATTERS

Primate’s References under Section 63 of the Constitution

Detail information on recent referrals to the Appellate Tribunal is provided below.  The Appellate Tribunal finalised its determination on these matters in November 2020.

 

Referral by the Primate

Blessing of Persons Married According to the Marriage Act 1961 Regulations 2019 (Wangaratta)

 

Referral to the Appellate Tribunal at the request of the 25 Members of General Synod

Blessing of persons married according to the Marriage Act 1961 Regulations 2019 (Diocese of Wangaratta)

 

Referral to the Appellate Tribunal at the request of the Bishop of Newcastle

Clergy Discipline Ordinance 2019 Amending Ordinance 2019 (Diocese of Newcastle)

 

Referral to the Appellate Tribunal at the request of 25 Member of General Synod

Clergy Discipline Ordinance 2019 Amending Ordinance 2019 (Diocese of Newcastle)