Contents
Introduction
1. The Oaths, Affirmations, Declaration and Assents Canon 1992 (the "1992 Canon") repeals the old canon law concerning oaths (found in Canon 36 of the Canons of 1603) and the Form of Declaration and Assent Canon 1973(the "1973 Canon"). Copies of the 1992 Canon and the 1973 Canon are printed following this report. The text of Canon 36 of the Canons of 1603 is printed on pages 413 to 414 of Acts, Ordinances & Regulations (2002).
2. The 1973 Canon was adopted by the Synod of the Diocese of Sydney in 1973.
3. Under the 1961 Constitution, the 1992 Canon does not take effect in Sydney unless and until the Synod adopts it by ordinance.
Objects of the 1992 Canon
4. Principally, the 1992 Canon contains rules -
(a) for when an oath or affirmation of canonical obedience is to be taken and the form of the oath or affirmation, and
(b) for when a declaration and assent to the doctrine and formularies of the Church is to be taken and the form of the declaration and assent, and
(c) for when an assent to the constitutions and laws of the Church is required and the form of the assent.
Comment
5. The form of assent to the constitutions and laws of the Church (set out in section 7(1) of the 1992 Canon) requires that a member of the clergy or the laity declare his or her assent to be bound by the Constitution of the Anglican Church of Australia. This goes beyond the effect of the Constitution itself which binds a person only to the extent that it affects church trust property.
Recommendation
6. By reason of the matter referred to in 5., the Standing Committee recommends that the Synod not adopt the 1992 Canon.
For and on behalf of the Standing Committee
MARK PAYNE
Diocesan Secretary
13 August 2002