14. The Rev Frank Gee asked -

Noting that the President should not be asked to give legal advice -

(a) Was advice given by the Diocesan Secretary to the Council of the Anglican Counselling Centre about the legal status of the resolutions of Standing Committee concerning the ACC, viz, whether those resolutions can properly be enforced until such time as there is a review of the Constitution of the ACC via an ordinance?

(b) If so, what was that advice?

To which the President replied -

On 10 August 1999 the Diocesan Secretary met with the Council of the Anglican Counselling Centre to discuss the decisions of the Standing Committee made on 26 July 1999 in response to the report of the committee of enquiry.

In relation to the matters raised in the question, the question of the "enforceability" or otherwise of the Standing Committee's decisions arose. The Diocesan Secretary provided verbal advice to the following effect -

(a) Under its ordinance, the Council of the Counselling Centre is responsible for the control, administration and management of the Centre.

(b) The Council is obliged to continue to perform its functions in accordance with its ordinance.

(c) Generally speaking, the Standing Committee cannot, by resolution, limit the powers of the Council expressed in its ordinance. An amending ordinance is necessary to limit those powers.

The Council was also reminded of the Standing Committee's power to pass an amending ordinance and, in an extreme case, its power to declare the membership of the Council vacant.