46. SPECIAL CIRCUMSTANCES – REGULATION 4.6.3 (Presbytery of Port Philip East, Allan Thompson and Geoffrey Grinton)

REPLACEMENT FOR PROPOSAL 44

That the Assembly

authorise the Standing Committee, on the advice of the Legal Reference Committee, to amend the Regulations relating to Property Transactions and special circumstances (Regulation 4.6.3) to provide prescribed procedures to be followed to ensure that:

(a) In making a Declaration of Special Circumstances, the Synod or its Standing Committee:
• gives disclosure of the reasons for the special circumstances, and of other options to meet the circumstances which have been explored and abandoned;
• gives disclosure of the manner and extent under the Declaration of Special Circumstance to which property may be acquired, sold, mortgaged or in any other manner dealt with;

(b) In the implementation of a Declaration of Special Circumstances, the Synod or its Standing Committee:
• consults fully with all bodies which may be affected by the declaration, taking cognizance of the purpose, functions, responsibilities and rights of those bodies as described in the Regulations; and
• gives all affected Church Councils or other responsible bodies opportunity to respond in writing to the declaration within a defined timeframe, and gives serious consideration to those submissions.