Reference 5 September 2019

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

On 5 September 2019 the Primate referred to the Appellate Tribunal the following questions:

  • At a session in August 2019 the Synod of the Diocese of Wangaratta purportedly made the Blessing of Persons Married According to the marriage Act 1961 Regulations 2019 pursuant to Section 5 (2) of the Canon Concerning Services
  • Section 5 (3) of the Canon Concerning Services 1992 provides that all forms of service used pursuant to Section 5 (2) “must be reverent and edifying and must not be contrary to or a departure from the doctrine of the Church.”

The following questions arising under the Constitution are referred to the Appellate Tribunal:

  • Whether the Blessing of Persons Married According to the Marriage Act 1961 Regulations 2019 made by the Synod of the Diocese of Wangaratta is consistent with the Fundamental Declarations and Ruling Principles in the Constitution of the Anglican Church of Australia.
  • Whether the regulation is validly made pursuant to the Canon Concerning Services 1992.


Notification of Proceedings

On 10 October 2019 the Appellate Tribunal issued the Notification of Proceedings and Preliminary Directions.

Documentation relevant to the matter includes the following:

The Diocese of Wangaratta has not adopted Canon 19 – Canon Concerning Services Amendment Canon 2017 which amends section 4.1 of the Canon.


Notice of Participation

Pursuant to the Appellate Tribunal Rules 1988, the Tribunal gives notice that any diocese, synod, person, class of persons or association claiming to be interested in the questions before the Tribunal should notify that interest and apply for leave to appear or to be represented at any hearing of the matter.

Notices must be given to The Registrar of the Appellate Tribunal on or before 1 November 2019 and supply an address for service, an email address for communication and the names and contact details of an agent for communication.

A summary list of participants is provided here.


Concurrent Reference

This matter is to be considered concurrently with the Primate’s Reference to the Appellate Tribunal dated 21 October 2019 and will progress in accordance with the Notification of Proceedings and Directions issued by the Appellate Tribunal on 7 November 2019.


Submission – Diocese of Wangaratta – 8 November 2019

The Appellate Tribunal requested the Diocese of Wangaratta to provide its primary submissions by 8 November 2019.

The submissions are provided here:

 

Submissions Other Parties – 13 December 2019

2. Ms Sharon Scadden 16 November 2019
3. Mr Alan Perrie 18 November 2019
4. Mrs Pamela McHardy 4 December 2019
5. The Rt Rev’d Peter Brain 9 December 2019
6. Ridley College 9 December 2019
7. Mr Russell Delaney 10 December 2019
8. Mr Brian and Mrs Helen Gitsham 10 December 2019
9. EFAC Australia 10 December 2019
10. Good Shepherd Anglican Church Cairns 10 December 2019
11. The Rev’d Professor Dr Seccombe 11 December 2019
12. Dr David Phillips 11 December 2019
13. Mrs Roslyn Phillips 11 December 2019
14. EFAC Western Australia 11 December 2019
15. Mr Gordon Killow 12 December 2019
16. RAFT Anglican Church 12 December 2019
17. Mr Glenn Muskett 12 December 2019
18. New Cranmer Society 12 December 2019
19. Mrs Fiona McLean 12 December 2019
20. Christ Church Dingley 13 December 2019
21. GAFCON Australia 13 December 2019
22. Parish Council of St Stephen’s Anglican Church Greythorn 13 December 2019
23. Ms Lisette Malanina 13 December 2019
24. Mr Kay Keng Khoo 13 December 2019
25. Equal Voices Anglican 13 December 2019
26. West Perth Group of Anglicans 13 December 2019
27. Diocesan Council of the Diocese of Tasmania 13 December 2019
28. Bishop of Newcastle and the Diocese of Newcastle 13 December 2019
29. The Rev’d Associate Professor Matthew Anstey 13 December 2019
30. Archbishop of Perth 13 December 2019
31. Diocese of North West Australia 13 December 2019
32. The Rev’d Stephen Conway 14 December 2019
33. Synod of the Diocese of Sydney 16 December 2019
34. BIC Diocese of Rockhampton 16 December 2019

Consolidated submissions – 13 December 2019

 

Submissions in Response – 14 February 2020 (including late submission)

R1. The Rev’d Dr David Seccombe 21 January 2020
R2. Dr David Phillips 6 February 2020
R3. Ridley College 14 February 2020
R4. Diocese of Sydney 14 February 2020
R5. Mrs Fiona McLean 14 February 2020
R6. Diocese of Tasmania 14 February 2020
R7. Diocese of Wangaratta 5 March 2020

Consolidated submissions – 14 February 2020 (including late submission)