No 31, 1998

An Ordinance to further provide for the election of members of the Standing Committee.

The Synod of the Diocese of Sydney Ordains -

Name of Ordinance

1. This Ordinance is the Standing Committee (Elections) Amendment Ordinance 1998.

Amendment of the Elections Ordinance 1970
2. Clause 37A of the Elections Ordinance 1970 is deleted and the following is inserted instead-

“Postal Ballot for Election of Certain Members of the Standing Committee

37A. (1) For the purposes of conducting the elections of the persons referred to in clauses 1A(1)(b) and (c) of the Standing Committee Ordinance 1897 the provisions of this Ordinance apply subject to the following amendments -

(a) a nomination may be accompanied by a precis of the nominee in accordance with clause 14A(1);

(b) if the number of nominations for any election does not exceed the number of persons required to be elected, the Secretaries must inform the Returning Officer and the Archbishop who must, by written notice to each member of the Synod, declare the persons nominated to be duly elected; and

(c) if the number of nominations for any election exceeds the number of persons required to be elected an election must be conducted by postal ballot in accordance with the rules in subclause (2).

(2) The rules for the conduct of the postal ballot are -

(a) the ballot will close at 5 pm on that day (the “Ballot Closing Day”) which is 28 days before the first day of the session but if that day is a Saturday, Sunday or public holiday, the Ballot Closing Day will be the next day which is not a Saturday, Sunday or public holiday;

(b) not less than 35 days prior to the first day of the session, the Secretaries must cause to be posted to each member of the Synod -

(i) notice of the Ballot Closing Day and place to which the ballot papers must be sent;

(ii) a list of the names of the persons nominated, their designations and addresses and names of the proposers and seconders and the positions for which they are nominated;

(iii) the precis of nominees;

(iv) an envelope endorsed “ballot paper”;

(v) a certificate to be signed by the elector in the form prescribed from time to time by regulation authorising the Returning Officer to place the sealed envelope containing the elector’s ballot paper in the ballot box on the elector’s behalf;

(vi) a ballot paper in or to the effect of the form prescribed by regulation; and

(vii) an envelope addressed to the Returning Officer;

(c) a member of the Synod desiring to record his or her vote must complete the ballot paper in accordance with clause 18, seal the ballot paper in the envelope endorsed “ballot paper”, enclose the envelope together with the signed certificate in the envelope provided and forward the envelope to the Returning Officer to be received by 5 pm on the Ballot Closing Day;

(d) all envelopes received by the Returning Officer prior to by 5 pm on the Ballot Closing Day must be opened by the Returning Officer; and

(e) the Returning Officer shall retain the signed certificates until the conclusion of the election and must place the envelopes endorsed “ballot paper” in a ballot box.

(3) As soon as convenient after receiving the report from the Returning Officer for the ballot under clause 23, the President must declare the persons elected to be so elected and cause to be sent to each member of the Synod a copy of the Returning Officer’s Report referred to in paragraph 23(b).

(4) An application for a recount under clause 26 must be made within 4 business days after the date upon which the notices referred to in subclause (3) are sent. Upon receipt of an application for a recount the Secretaries or one of them must forthwith notify the President in writing.”

Amendment of the Standing Committee Ordinance 1897

3. Clauses 1A(4)(b) and (c) of the Standing Committee Ordinance 1897 are deleted and the following is inserted instead -

“(b) Subject to paragraph (4)(c), a person -

(i) may be nominated for election as an Elected Member under paragraph (1)(b) or (1)(c); and

(ii) provided that the person has the necessary qualifications, may also be nominated for election as an Elected Member under paragraph (1)(d) or (e) notwithstanding that the election referred to in (i) has not been conducted or the results of that election have not been declared.

(c) If a person is elected as an Elected Member under paragraph (1)(b) or (c), a nomination of that person in an election for an Elected Member under paragraph (1)(d) or (e) shall, for the purposes of conducting that last mentioned election, be taken not to have been made.

(d) Each election shall otherwise be conducted in accordance with the Elections Ordinance 1970.”.

I Certify that the Ordinance as printed is in accordance with the Ordinance as reported.

N.M. CAMERON
Chairman of Committees

We Certify that this Ordinance was passed by the Synod of the Diocese of Sydney on 12 October 1998.

M.A. PAYNE
C.J. MORONEY
Secretaries of Synod

I Assent to this Ordinance.

R.H. GOODHEW
Archbishop of Sydney
29/10/1998