4. Ms Shareen Robinson asked (Question 1) -
(a) Does the wording of Clause 5(2) of the Canon Concerning Services 1992 mean:
(i) that the determination of what are "occasions for which no provision is made" and the decision to use "forms of service considered suitable for those occasions" are actions taken solely "by the minister"?; and
(ii) that the form and content of such services will also be determined solely "by the minister"?
If so, do parishioners have no rights and no say in determining either the form or the usage of such services?
(b) Does Clause 5(2) of the Canon Concerning Services 1992 deny to laypersons that right to participate in liturgical change which is safeguarded by their proportional representation on both General and Diocesan Synods in relation to such changes as were embodied in An Australian Prayer Book and A Prayer Book for Australia?
To which the President replied -
Strictly, these questions are out of order under Standing Order 27 since they seek from me a legal opinion.
Nevertheless the following comments may be of assistance.
The Canon Concerning Services 1992 was adopted by the Synod of the Diocese of Sydney in 1998. It is printed on pages 203 and 204 of the Acts & Ordinances.
Under clause 4 of the Canon, the forms of service authorised for use in a church in a parish in this Diocese are the forms of service contained in the Book of Common Prayer and such other forms as may be authorised for use in that parish by the 1961 Constitution or under a canon of the General Synod which is in force in the Diocese.
A minister may only use the authorised forms of service, although this is subject to the discretions given by clause 5.
By clause 5(1) the minister may make and use variations which are not of substantial importance in any form of service authorised by clause 4, according to the particular circumstances.
By clause 5(2) a minister may on occasions for which no form of service is made use forms of service considered suitable by the minister for those occasions. This power is subject to any regulation made from time to time by the Synod.
By clause 5(3) all variations under clause 5(1) and all forms of service under clause 5(2) must be reverent and edifying and must not be contrary to or a departure from the doctrine of the Church. Any question in relation to the observance of clause 5(3) is to be determined by me, as bishop of the Diocese.
In relation to clause 5(2), it will be apparent from recent debate, particularly in Southern Cross Newspaper, that there are differing views as to the meaning of that clause and, in particular, the question of what is an occasion "for which no provision is made". Such matters involve questions of legal interpretation of the Canon.
Ms Shareen Robinson asked (Question 2) -
As the President's Answer to Question 5 - 13 October 1999 shows that no form of provision appears to exist for parishioners to be consulted in respect of the format and usage of forms of service "for which no provision is made" in already authorized services, what courses of action are open to this Synod and to parishioners to ensure that the rights of laypersons to participate in liturgical change within the framework of our Constitution are safeguarded and respected?
To which the President replied -
Strictly, this question is out of order under Standing Order 27 since it seeks a legal opinion.
Nevertheless, the following comments may be of assistance.
As I noted in the answer given to a question asked on 13 October, clause 4(1) of the Canon Concerning Services 1992 states that the following forms of service are authorised for use in a church:
(a) the forms of service contained in the Book of Common Prayer;
(b) such forms as may have been authorised, as regards a parish, pursuant to the Constitution or a canon of the General Synod in force in the diocese of which that parish is part.
The forms of service in An Australian Prayer Book (1978) are authorised for use in the Diocese of Sydney since the relevant General Synod canon has been adopted by the Synod of the Diocese. Further, in a particular church, I may allow deviations from the existing authorised services if a request is made in accordance with section 4 of the 1961 Constitution.
The laity of the church can contribute significantly to the forms of service prescribed by canon because the relevant forms must first be approved by the house of laity at General Synod and, if the canon is to be adopted in Sydney, by the house of laity at our own Synod. In a parish, a request under section 4 of the 1961 Constitution for permission to use a deviation from an existing order of service can only be made if, among other things, a majority of parishioners voting at a meeting of parishioners assent to such deviations.
Clause 4(1) of the Canon concerning Services is qualified by clause 5, the terms of which I referred to in my previous answer. Under clause 5(2), a minister may on occasions for which no provision is made use forms of service considered suitable by the minister for those occasions. The clause does not require that the minister consult with the laity in the church before using such other forms of service.
However, the rights of a minister under clause 5(2) are subject to limitations:
(a) The right to use another form of service only arises on an occasion "for which no other provision is made". As I indicated in my previous answer, there is ongoing debate about the meaning of this.
(b) The Synod, by regulation, may regulate the exercise of those rights.
(c) The rights are subject to the other terms of the Canon, including the requirement that such other forms of service be reverent and edifying and not be contrary to or a departure from the doctrine of this Church.
If the Synod wished to ensure that parishioners were required to participate in the making of a decision to use a form of service under clause 5(2), it could make regulations to that effect.