Chapter Four - The Presbytery

A licentiate is subject to the jurisdiction and oversight of the Presbytery within whose bounds he resides. He remains under the jurisdiction of the Presbytery which licensed him unless he takes up residence within the bounds of another Presbytery. He must, within two months of taking up residence, notify the other Presbytery and produce an extract minute of his licensing.

A minister is subject to the jurisdiction of the Presbytery of which he is a member wherever he may reside. If he takes up residence within the bounds of another Presbytery, he is required within two months to advise the clerk of the other Presbytery.

Normally a ministerial member of a Presbytery without charge, who takes up permanent or temporary residence within the bounds of another Presbytery, is not required to produce a certificate of status. However, a certificate is required:

1. if he wishes to effect the permanent transfer of his ministerial membership (see rule 4:56); or
2. if his taking up residence in the other Presbytery is for the purpose of doing ministerial work within its bounds.

A minister without charge may, on taking up permanent residence within the bounds of another Presbytery, be transferred to the membership of the other Presbytery upon production within two months (or within a period of time approved by the Presbytery) of:

1. a certificate of status; and
2. a letter from the former Presbytery agreeing to such transfer.

If a retired minister who retains his seat as a ministerial member of the Presbytery accepts appointment for not less than six months as a minister without charge to a parish in another Presbytery, he becomes a ministerial member of that Presbytery from the date and during the term of his appointment.

Notice of this appointment must be given by the clerk to the minister's former Presbytery, in which his membership ceases for the time being.

Unless at the completion of his term he again receives a similar appointment without charge in another Presbytery (to which he is similarly transferred and his former Presbytery notified) the clerk notifies his former Presbytery and his membership reverts to it.

If a retired minister who has retained his seat as a ministerial member of Presbytery desires to resign, he must notify the Presbytery, who may grant the request.

A minister who is not a ministerial member of any Presbytery (and is therefore without charge) is under the jurisdiction of the Presbytery within whose bounds he resides. Within two months (or such extension of time as the Presbytery may reasonably allow) of taking up residence within the bounds of a Presbytery, he is required to present to it a certificate of status issued by a competent court not more than three months previously.

A minister who is not a ministerial member of any Presbytery, if he accepts a call from a congregation in another Presbytery, is required to apply to the Presbytery within whose bounds he resides for a certificate of status. He must present this certificate to the other Presbytery prior to its inducting him to a charge. The Presbytery is not permitted to induct him until a certificate of status has been produced and approved.

A minister of the Presbyterian Church of Australia appointed to a parish as minister without charge or as an assistant to the minister is enrolled as a ministerial member of the Presbytery within whose bounds he works:

1. if the appointment is for twelve months or more; and
2. from the date of approval of a certificate of status from the Presbytery within which he has been residing.

He remains a ministerial member of Presbytery until the completion of the term of his appointment.

A retired minister, provided he has not retained his ministerial membership of Presbytery, is eligible for election to membership of the Session of the congregation of which he is a member. He is elected and inducted to office in the same manner as for other elders. (see rules 3:15-23)

When a minister who is not a ministerial member of any Presbytery (rule 4:58) or a licentiate (rule 4:54) takes up residence within the bounds of a Presbytery other than that within which he has been residing, he is considered, for the purpose of determining jurisdiction under the Code of Discipline of the GAA, to have been transferred to the jurisdiction of the Presbytery within whose bounds he has gone to reside, as from the date of his taking up residence.

The Presbytery is the court of first instance in respect of all matters relative to the life, character and professional conduct of its ministers and licentiates.

The Presbytery receives and deals appropriately, either by administrative action or by formal judicial process of discipline, with all complaints, charges or allegations of any kind that come to its notice by regular process and are directed against ministers or licentiates within its jurisdiction. (see rule 3:65)

It is the duty of the Presbytery to be active in the oversight of all ministers and licentiates residing or labouring within its bounds, whether they are under its jurisdiction or not. It takes cognisance of any false teaching or inappropriate conduct of any such minister or licentiate as comes by regular process to its notice and deals with it, as the case requires, by administrative or other action.

Until a Presbytery is satisfied, it may prohibit the minister or licentiate concerned from exercising within its bounds any or all of the functions of the ministry. Should he be subject to the jurisdiction of some other Presbytery, the facts of the case may be communicated to that court with a request that it take appropriate action.

In exercising its oversight of ministers and licentiates the Presbytery makes use of discipline in dealing with those subject to its jurisdiction.This power is exercised in accordance with the Code of Discipline of the Presbyterian Church of Australia. (see GAA Code chapter 9)

The Presbytery, in the administration of this rule, is required to exercise special care to comply with all the relevant provisions in chapter 6 (general rules for church courts).

The minister of a charge is not permitted to be absent from his pulpit or from the pastoral care of his congregation for more than two months without obtaining the leave of his Presbytery. Where such leave is given, the Presbytery may if it considers necessary, appoint an interim moderator for the whole or part of the period of the minister's absence.

In the case of a minister without charge or other pastoral responsibility, he is required to obtain the leave of his Presbytery for absence from the bounds for a period in excess of six months.

1. Where a minister has been unable to perform his parish duties for a period of two months on account of ill health the Session Clerk shall forthwith inform the Clerk of Presbytery who shall contact the minister.
   
   
2. The minister, or the person responsible for his care, shall forthwith, but not later than ten days thereafter;
   
   
   1. advise the Presbytery of the nature and extent of his illness,
   2. present to the Presbytery a Medical Certificate.
      
      
3. On receipt of the certificate the Clerk of Presbytery may in consultation with the Moderator;

1. declare the minister to be on sick leave and appoint an interim moderator, such action to be confirmed at the next meeting of Presbytery,
2. direct the minister on sick leave, or the person responsible for his care, as soon as possible to supply the interim moderator all information necessary for the board of management in consultation with the Church Office to make a claim for disability insurance payments.

4. Return to Duties:

1. The interim moderator shall be responsible to advise the Session and Presbytery of the situation regarding the minister’s health,
2. Any return to work program, either part or full time, must be in consultation with the Session and approved by the Presbytery.

5. Permanent Incapacity:

Presbytery may proceed against a minister who:

1. leaves his charge for more than two months without permission of the Presbytery; or
2. disowns or defies the authority or deliberately disobeys a lawful order of the Presbytery; or
3. is repeatedly absent without leave from Presbytery meetings, and being without sufficient reason;

When it is has been established to the satisfaction of the Presbytery, in the course of any judicial process affecting the status of a minister, or by members of his Session or of his congregation and on the certificate of two registered medical practitioners, that a minister is mentally incapable of performing the duties of his office, the Presbytery relieves him of the exercise of them and takes steps to provide for the administration of all Gospel services and pastoral oversight.

The Presbytery appoints an interim moderator, and it may, if it be deemed necessary, allocate a portion of the minister's stipend, not exceeding one half, towards the expense of supplying Gospel services mentioned above.

In the event of the minister being certified by two registered medical practitioners as mentally capable of resuming his duties, the Presbytery reinstates him in the full exercise of the duties of his office and discharges the interim moderator.

In the event of the minister not being mentally capable at the expiration of one year, the Presbytery dissolves the pastoral tie, declares the charge vacant and takes the usual steps for filling the vacancy.

It is the responsibility of the Presbytery to approve all applications for registration as a marriage celebrant, and to transmit these applications to the clerk of the General Assembly for the registration of persons as celebrants of marriage under the Marriage Act.

The following shall be entitled to be registered as ministers of religion who may celebrate marriages under the Commonwealth Marriage Act 1961:

1. all ordained ministers in charge of parishes, and ministers holding Assembly appointments who have been recommended by their Presbytery;
2. ordained ministers without charge, who are ministering for a specified period of not less than three months in an appointment parish, home mission station, or a ministerial office within the church, during the term of their appointment, if recommended by the Presbytery of the bounds;
3. home missionaries appointed by the Ministry Development Committee and serving for a specified period of not less than three months in a home mission station or appointment parish, during the term of their appointment, if recommended by the Presbytery of the bounds.

The following notifications apply:

1. when any minister becomes qualified as above, the clerk of Presbytery shall notify the clerk of Assembly, who shall provide the minister with a form of application to be filled in and returned to him;
2. when any minister ceases to be qualified as above, the clerk of Presbytery shall notify the clerk of Assembly, who shall instruct the Government Statist accordingly;
3. every minister changing his address shall notify the clerk of Assembly, who shall forward the new address to the Government Statist;
4. every minister leaving the Commonwealth of Australia for more than three months shall report his departure and also his return to duty to the clerk of Assembly, who shall inform the Government Statist of these facts.

The marriage register is considered to be the record of the parish and shall remain in the parish. The Session shall be responsible for its safe keeping along with other parish records.