Synod

Scope Note: 5.1 - 5.11 FORMATION AND MEMBERSHIP 5.1 The Synod is the court of the church superior to the presbyteries. The constitution of the church allows for the creation of a General Assembly but unless and until such an Assembly is created, the Synod is the highest court of the church. 5.2 The Synod, like the lower courts, has permanent existence. [A General Assembly does not have permanent existence but meets to perform specific duties assigned to it by the constitution of the church and, after fixing a time and place for another meeting, is dissolved]. 5.3 The Synod consists of all members of presbyteries unless or until representation is changed by Synod following Barrier Act procedure. A certified roll from each presbytery clerk shall be sufficient evidence of entitlement to membership of Synod. 5.4 The Synod may associate with itself at any particular meeting, any minister or elder in good standing of another denomination with which the Synod has established links. Persons who are associated are permitted to take part in all or part of proceedings of that meeting, but not to preside, vote, or move or second a motion. 5.5 The Synod elects from its members an ordained minister to be its moderator. He continues to hold his office until he has constituted the next ordinary meeting of the court, and presided at the election and installation of his successor. 5.18 - 5.24 POWER AND FUNCTIONS 5.18 Subject to the church’s constitution and to relevant civil law, the Synod, being the supreme court of the Presbyterian Church of Eastern Australia, has and exercises the power to consider and deal with all matters of doctrine, worship, discipline and government, and generally with all matters affecting the well-being of the church, the spiritual needs of the civil community, and the extension of Christ’s kingdom. 5.22 It has been claimed that the Synod, in virtue of its position as the supreme court of the church, naturally and necessarily possesses the power nobile officium, that is, the power to deal with and dispose of any matter before it for which there is no precise and sufficient legal provision. Such power does not enable the Synod to overrule law but only to supply the want of it when necessary. Only in extraordinary emergency could the exercise of this power to the disturbance of the ordinary course of discipline be justified. However, there is every reason to suggest such a power is not a necessary or proper part of the church’s constitution. 5.23 The functions of the Synod are legislative, executive and judicial. It exercises them by considering and dealing appropriately with: a) reports from its standing and any other committees, and corporate trustees, etc.; b) mattersregularlybroughtbeforeitby: i. overture ii. reference iii. appeal iv. complaint v. petition vi. correspondence (when other course is not open)

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