Chapter Four - The Presbytery

The Presbytery calls annually, and at such other times as it sees fit, for the minute books, rolls, registers, and other specified records as it may require, of each congregation, board of management and Session within its bounds.

The Presbytery examines them by appointing a committee for the purpose. Upon receiving the report of the committee, the Presbytery adopts one or more of the following courses of action:

1. confirms that the records are found to be satisfactory;
2. records its judgment as to the correctness and accuracy with which each record is kept;
3. gives any needful directions for future guidance or improvements;
4. censures any matter or procedure in the records which it finds to be beyond the legal power of that body or contrary to the law of the church. In so doing it may declare the matter to be null and void, or order the minutes to be altered or parts to be deleted, after summoning the parties concerned to its bar and hearing them concerning the matter. It also takes such further action as may still be practicable to remedy any injustice which may have been involved in the matter or procedure of which it has disapproved.

The Presbytery arranges for the collection of all records not in active use, in which the last entry is more than seven years old, and, after final examination, deposits them in the church archives.

Part 1 Presbytery's first steps

Inquiry

1. When a presbytery resolves that a congregation under its jurisdiction may be in an unsatisfactory state the presbytery inquires into the state of the congregation.
   
   This inquiry may be conducted
   
   
   1. by two or more of its members appointed for that purpose; or
   2. by the court as a whole.

Special Visitation

2. Following this inquiry, the presbytery may resolve
   
   
   1. to take no further action; or
   2. that the congregation is in an unsatisfactory state.
      
      

Should the presbytery resolve that the congregation is in an unsatisfactory state it shall then conduct a special visitation of the congregation with the intention of remedying the unsatisfactory state of affairs by counsel and advice. The presbytery shall ensure that during this special visitation persons who have or may have a view on any matter or matters in dispute are given adequate opportunity of being heard.

Part 2 Procedure should the unsatisfactory state of affairs not be remedied

1. Following a special visitation referred to in Part 1 of this Rule, the presbytery may resolve
   
   
1. that the congregation is now in a satisfactory state; or
2. to take no further action; or
3. that the unsatisfactory state of the congregation has not been remedied.
   
   
2. Should the presbytery resolve that the unsatisfactory state has not been remedied, the presbytery shall
   
   
   1. declare that the congregation continues in an unsatisfactory state; and
   2. record in its minutes its reasons for this declaration.
      

In recording its reasons the Presbytery shall take care not to make any adverse finding or judgment regarding any particular person or persons. If such a finding is indicated, procedure under this rule shall cease. The presbytery may then at its discretion begin an appropriate process of discipline under the Code of Discipline of the General Assembly of Australia.

Part 3 Procedure should the Presbytery find that the purposes of ministry are not being served

Should a presbytery, having declared that a congregation continues in an unsatisfactory state as provided for in part (2 b) of this rule also resolve that the purposes of ministry in that congregation are not being served, then, provided that no adverse finding or judgment regarding any particular person or persons is made, the presbytery may, after the giving of notice of motion for a future meeting, and after giving any persons likely to be affected by its decision an opportunity to be heard:

1. dissolve the pastoral tie and / or
2. dissolve the Session and / or the Board of Management.

The purposes of the ministry in a congregation are the promotion of the Christian gospel in the district and the spiritual welfare of the congregation (Form of Call, Appendix 1).

Part 4 Appeals and Petitions to the General Assembly

Until a decision is taken by the presbytery under part 3 of this rule, it shall not be open to any member of the presbytery or any member of the congregation to appeal or petition the General Assembly on the matter.

Part 5 This Rule not to be used where the GAA Code of Discipline applies

The Presbytery has a special responsibility to the General Assembly in relation to the annual budget (GMP) for the enterprises of the Assembly. It has responsibility to see that the congregations within its bounds are taking all the action that may reasonably be expected of them to make a contribution in keeping with their resources. The Presbytery should inquire into cases of failure and, by conference, encouragement, advice and other competent means, seek to eliminate such cases.

The Presbytery takes up and deals with all appeals competently taken against the decisions of the Sessions within its bounds (see chapter 6, section 9).

A petition may be competently used and addressed to the Presbytery:

1. to ask the Presbytery to review the decision of a Session in the cases provided for in rule 6:38 (see rule 3:4);
2. to ask the Presbytery to review some decision of a congregational meeting (see rule 2:26) or of a board of management (see rule 2:68);
3. to ask the Presbytery to make a special visitation, or to intervene in some other competent manner, when a dispute or difficulty involving the minister has arisen within a congregation (see rule 4:130);
4. by a Session, or any person having an interest in the matter, when that which is being sought can only be accomplished by or originated in the Presbytery.

The Presbytery deals with petitions in the manner provided in chapter 6, section 7.

The Presbytery takes up and deals with, all references competently submitted to it by the Sessions within its bounds (see chapter 6, section 8).