14 October 2023
Melbourne’s Archbishop in Council members will be made directors of the Melbourne Anglican Diocesan Corporation, after synod passed a bill amending the diocese’s governance legislation.
The bill was put in response to a February review of the Anglican Centre, which recommended mirroring representation across the diocese’s three key governance bodies: Archbishop in Council, the Melbourne Anglican Diocesan Corporation and the Melbourne Anglican Trust Corporation.
The bill’s explanatory memoranda say this recommendation aimed to foster greater understanding, consistency in decision-making and improved efficiency between them.
As initially published in synod papers, the bill also would have made Archbishop in Council members corporation trustees of the Melbourne Anglican Trust Corporation.
However, an amended form was put to the Melbourne Synod, which removed this change.
The Melbourne Anglican Trust Corporation holds property and gives effect to any express trusts for the church within the diocese.
The diocesan corporation is a separate, incorporated entity which serves as the employer of diocese employees and for WorkCover purposes the employer of clergy, the legal appointer of clergy, and retainer of the professional standards company. It is also the responsible legal entity for claims against the diocese arising from misconduct of church workers.
Read more: Redress, professional standards services to be considered | LIVE
Archbishop of Melbourne Philip Freier chairs both AiC and the diocesan corporation. Two directors of the diocesan corporation also sit on Archbishop in Council, the Reverend Megan Curlis-Gibson and Neil Sigamoney.
The Reverend Craig D’Alton said he opposed to bill in principal as he said the changes proposed were not adequately explained. Dr D’Alton asked that synod reject the bill and request a new bill be brought before synod next year.
The Right Reverend Bradley Billings said the bill would streamline diocesan operations. Bishop Billings said the bill was an important and much-needed reform.
Mr Michael Shand KC said he opposed the bill. He said the bill had a shortcoming in not addressing membership of the MADC.
The Reverend Colleen Clayton spoke in favour of the motion. She said the proposed changes may not be perfect but would be made in order to improve accountability and communication.
The Reverend Timothy Arnold Moore, Archbishop in Council member, spoke in favour of the bill. He said AiC thought it was appropriate to bring a complete package about the bill to synod and that was what they were doing.
The Reverend John Forsythe, opposed the bill, saying it was not mature enough to support at this stage. At the heart of good governance was reducing risk and it was uncertain whether the bill would reduce risk or not, he said.
Seconder the Reverend John Baldock said legislation was only brought before synod after undergoing a lengthy process of discussion among people with intimate knowledge of the diocese and its legislation. He said issues about lack of communication constituted serious and real issues. He said communication issues sometimes led to confusion which resulted in real costs to the diocese.
The act requires the Archbishop in Council to review these changes to diocesan governance in 2027.
The act also changes The Melbourne Anglican Trust Corporation Act 2018 to distinguish between “trustees” and the “corporation trustees”, the first being the corporation and the second being the office-holders who collectively constitute the corporation.
The act also clarified legislative head of power for Archbishop in Council making a policy, procedures or other requirements for the identification and management of conflicts of interest actual, potential or perceived, for the diocesan corporation, the trust corporation and archbishop in council.
It will require the Archbishop in Council to make regulations requiring the publication on the diocesan website information relating to people holding offices, roles and positions in the diocese, and statistics and other matters relevant to parishes and Authorised Anglican Congregations.
It will also require the diocesan auditor to review whether the Melbourne Anglican Trust Corporation has observed the terms of and discharged its functions under the express trusts and special trusts and require the Archbishop in Council to report on this to synod.
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