Dr Robert Tong on the Appellate Tribunal Opinion

Dr Robert Tong AM, Chairman of the Anglican Church League, has written this response to the Opinion given by the Appellate Tribunal of the Anglican Church of Australia.

It’s very helpful in giving us context for what is happening, and is well worth reading in full.

_________________

 

The Appellate Tribunal of the Anglican Church of Australia

This afternoon the Primate (Archbishop Geoff Smith), released on the General Synod website the Opinions of the Appellate Tribunal on references made by him to the Tribunal for their Opinion on the validity or otherwise of legislation made by two dioceses of the Australian Church.

The Diocese of Wangaratta passed legislation to authorise a service to bless marriages which have been conducted in accordance with the Commonwealth Marriage Act.  However, there are some marriages, validly contracted under the law, which are not recognised by the church. These marriages could be blessed by use of the Wangaratta service.

The Diocese of Newcastle passed legislation in similar terms to the Wangaratta Diocese authorising the use of a blessing service. However, the Bishop did not provide his assent to the legislation within the required 30 days and, accordingly, the legislation lapsed.  There is nothing to prevent the legislation being reintroduced at a subsequent synod and, if assented to by the Bishop it will form part of the law of the diocese of Newcastle.  Secondly, that Newcastle Synod amended the jurisdiction of its diocesan tribunal.  The amendment removed from the jurisdiction of the diocesan tribunal, power to entertain complaints about clergy who had used the blessing service.

The Appellate Tribunal is created by the General Synod Constitution.  The Tribunal is the final forum in Australia for discipline appeals from a diocese.  The constitution also gives the Tribunal a function to provide advisory opinions on questions referred to it. Its membership consists of three diocesan bishops and four lawyers. Thus, it is a mixed body with training and skills in law and theology. Members of General Synod elect the members of the Tribunal and once elected they remain until retirement at 70.

On these references, the Tribunal invited written submissions from interested parties and then conducted their deliberations in private.  Under section 58 of the Constitution, where the Tribunal is not agreed on a question of doctrine, they can seek the opinion of the House of Bishops and the Board of Assessors. The Assessors are a panel of seven clergy elected by the General Synod. On the three questions asked, the House of Bishops provided a unanimous reply. The same questions to the Board of Assessors also resulted in a unanimous response. The theological thrust of the reports from the bishops and assessors was that the underlying theology in the blessing service was contrary to the Fundamental Declarations and Ruling Principles of the Anglican Church of Australia.

So much by way of background. The President of the Tribunal, the Hon Keith Mason AO QC was joined by the Hon Richard Refshauge, the Most Rev’d Dr Phillip Aspinall, Professor the Hon Clyde Croft AM SC and the Rt Rev’d Garry Weatherill, who formed the majority and gave one joint opinion.

There is a profound sense of disappointment in reading the lengthy majority opinion. In essence, the majority held that the meaning of ‘doctrine’ in the constitution is narrow. That is, in the constitution, doctrine is the teaching on the faith which is necessary to salvation. Thus, at paragraph 180:

In our view, the matters in the present reference do not involve issues of faith or doctrine properly so called any more than the dispute over female ordination. The contending views about “blessing” same-sex marriages are strongly held. But, with respect to some of the recent rhetoric, and the actions taken abroad by some bishops of this Church, the blessing of same-sex marriages does not [necessarily] involve denial of God or repudiation of the Creeds or rejection of the authority of Holy Scripture or apostasy on the part of bishops or synods prepared to support such measures.

Given that questions of doctrine were in play as well as answers from the House of Bishops and the Board of Assessors, it is disappointing that the majority have formulated an opinion which skirts around the theological position set out in the reports from the bishops and assessors.  And it is particularly curious that the two bishops on the Tribunal (who are also members of the House of Bishops) did not provide their own ‘theological’ addendum to the majority opinion. Especially so, when the majority opinion, of which they are part, opens the door for the blessing of behaviour which the Bible clearly says will exclude people from inheriting the kingdom of God (1 Corinthians 6:10).

The minority opinion of Ms Gillian Davidson asserts that ‘doctrine’ should be given the meaning intended by the framers of the Constitution, as a standard of our unity and our coherence as a distinctly Anglican body of believers.   She accepts the theological position in the unanimous opinions of the House of Bishops and Board of Assessors, that same sex practice is contrary to the faith and practice of the Church; persistent, unrepentant sin precludes a person from God’s kingdom; and God cannot bless that which is named as sin. For my part, it is inconceivable that the leading synod members of the 1955 General Synod, some known to me, who adopted the Constitution, would in any way support the narrow interpretation of ‘doctrine’ as expressed by the majority Opinion.

On the Newcastle reference, the curtailing of the jurisdiction of the diocesan tribunal was the point at issue. The change is to preclude categories of conduct by clergy in that diocese from being the subject of a charge in the diocesan tribunal. The majority held that the amending legislation was a valid exercise of the constitutional power of the diocesan synod. Ms Davidson took the view that the synod’s power may only be exercised ‘for the order and good governance of this Church within the diocese’ and that the proposed ordinance of the synod harms good order and governance and therefore is inconsistent with the Constitution.

The Opinions on both references require considered reflection on the legal reasoning and the treatment of Scripture by Tribunal members. While that may take some time, the conclusion is clear and disturbing. A presenting question is: who can articulate ‘doctrine’ in the Anglican Church of Australia? A contest between General Synod and the Appellate Tribunal is inevitable.

What might flow from these Opinions? Anybody familiar with the long and tortured gestation of the Constitution, will recognise that the hard-won unity of the Church, as expressed in the opening sections of the Constitution is under threat. The ordination of women created a state of impaired communion putting pressure on unity. If same sex liturgical blessings become part of the life of a diocese the unity of the Anglican Church of Australia will be on paper only.

Participation in the Holy Communion is seen by many as the visible expression of unity. When some Primates, at a Primates Meeting, declined to join in Communion with Primates from provinces which did not uphold biblical sexual morality, that was the ultimate breach of unity. Could that happen at an Australian Bishops Conference or at General Synod?    

At ground level, some congregations in dioceses which adopt the innovation, may want episcopal oversight from another bishop. Others may see that diocese as ripe for church planting.

Looking more widely, do these Opinions mark the line in the sand which was crossed in New Zealand, Canada, the United States and the United Kingdom?

Robert Tong

Remembrance Day 2020.

See also:

Preliminary thoughts on the Appellate Tribunal ruling – Dr. Mark Thompson, Principal of Moore Theological College, Sydney.

Preliminary thoughts on the Appellate Tribunal ruling — Dr Mark Thompson warns of devastating consequences

“It is with great sadness that I note the opinion of the Appellate Tribunal of the Anglican Church of Australia on the matter of proposed services to bless same-sex unions. Setting aside the unanimous advice of the House of Bishops and the unanimous advice of the Board of Assessors, the majority of the Tribunal has decided that there is no impediment to such services of blessing going ahead.

This opinion, if acted upon, may indeed have devastating consequences for the Anglican Church of Australia, as similar decisions have done elsewhere in the world, but it cannot change the revealed will of God. …”

– Read all of Canon Dr. Mark Thompson’s preliminary thoughts at the Moore College website.

See also:

Appellate Tribunal Issues Majority Opinion Backing Same-Sex Blessing Liturgy – David Ould, 11 November 2020.

“Attention now moves to the House of Bishops who meet tomorrow and the Standing Committee of the General Synod who begin to meet on Friday.”

Earlier:

‘Newcastle Anglicans support gay marriage’ – 27 October 2019.
Wangaratta Blessing “Delayed” – 10 September 2019.

Lucknow’s St John the Evangelist Anglican Church sells for $430,000

“Lucknow’s 147-year-old bluestone church was tipped to draw a crowd on auction day, and even with COVID-19 restrictions, that’s exactly what it did. …”

– from The Central Western Daily. (subscription)

Seasonal Thanksgiving

“The road from Moree to Collarenebri was unusually busy.

As the miners’ dusty dreams are carried from the beneath the ground, harvester dust was in the air as their GPS’s plotted the gathering of a wealth unseen through the previous 6 years of drought. The tourists seem to vanish with the heat but our western towns seemed busy as the diesel pumps worked overtime to keep the grain moving…”

– Bishop of Armidale, Rick Lewers, gives thanks.

Bishop Gary Nelson: “The furthest church from me is a 6000-kilometre return drive.”

“The Diocese of North West Australia is so large it could easily fit in the whole UK three times over – reaching from Geraldton on the coast to Kununurra on the border of the Northern Territory.

A population of 150,000 is scattered across 2 million square kilometres, and Bishop Gary Nelson and his team work hard to share the gospel with each person who passes through the world’s largest land-based Anglican diocese.“

– Encouragement to pray, from SydneyAnglicans.net.

Anglican Church of Tasmania finalises $3.65 million of compensation to survivors of sexual abuse

“The Anglican Church of Tasmania has confirmed it will pay $3.65 million in compensation to 24 survivors of sexual abuse, but will look at selling more assets after its liability estimates more than doubled. …”

– Report from ABC News.

New Dean of Christ Church Cathedral Darwin Commissioned

The Rev. Rob Llewellyn was commissioned as the new Dean of Christ Church Cathedral in Darwin last weekend.

The service can be seen at the Cathedral’s Facebook page.

Bishop Greg Anderson preached. Most encouraging.

Bathurst Synod – Presidential address 2020

Here is Bishop Mark Calder’s first synod charge, as presented to an extraordinary session of the 49th Synod of the Diocese of Bathurst, 19th September 2020.

A powerful and challenging address. Fuel for prayer.

Update: The full text is now available.

North West Network, September 2020

The latest issue of North West Network, the newsletter of the Diocese of North West Australia, is now available.

Great to not only learn what is happening in the north west, but also as fuel for prayer.

It’s a 1MB PDF file here.

Bishop admits past failures and outdated services are hampering church growth

Here’s a Media Release from the Diocese of Bathurst, 18 September 2020:

Bishop admits past failures and outdated services are hampering church growth

The Bishop of the Anglican Diocese of Bathurst (covering central and western NSW) will tomorrow admit that there has been much in the past – including sexual abuse by church leaders and certain financial decisions – which has been shameful and damaging to the reputation of the church.

Bishop Mark Calder will make the remarks during his first major address to church leaders of the diocese at their annual gathering, known as synod, on Saturday 19th September just after 10am.

In the 45-minute speech, Bishop Calder will ask church leaders to ‘name the past’, ‘face the present’ and ‘explore the future’.

“There is significant baggage that we must deal with before we can move forward, including mistrust, unresolved conflict, a damaged ‘brand’ and lack of financial resources to try anything new,” Bishop Calder will say.

If we continue doing the same things the way we always have, we cannot expect any different outcome. We cannot expect to grow or reach those generations we are currently missing by doing more of the same.

“Looking to the future, church leaders must help renew the church through prayer, through becoming more outward-looking, through seeking new clergy, through more contemporary church services and through everyone becoming more confident in sharing the great news of forgiveness Jesus Christ lived, died and rose to make possible.”

The synod this year will meet electronically via Zoom for the first time in the diocese’s history due to the COVID-19 pandemic.

[Editor’s note: Please continue to pray for Bishop Mark Calder and for the churches of the Diocese of Bathurst, as they seek to live for Jesus.]

Bishop of Armidale flags return to parish ministry — at Shoalhaven Heads

“This has not been an easy decision but nor was the call to be a Bishop, but what a privilege it has been to serve among you.

In my time as Bishop I have watched the suffering of a drought affected rural diocese and stood beside and with you in such suffering. I have ordained and appointed many of you to positions. Like yourselves, I have lived with the frustrations of what can and can’t be done and been forced, like all of you, to fall back on our great God in faith. …”

– from Bishop Rick Lewers’ message to the clergy and parishes of the Armidale Diocese.

Please do pray for Rick and Janene, for the parish of Shoalhaven Heads, and also for the saints in the Diocese of Armidale.

West Wyalong Anglican Church

Bishop of Bathurst Mark Calder is praying for someone to serve as the new Minister at West Wyalong – someone who will bring the word of God to equip the saints and to make an impact for the Lord Jesus Christ.

It would good to join him in that prayer.

For more info, see Ministry Opportunities.

Archbishop Glenn Davies shares his personal response to COVID-19

In this weekend’s online service for the Diocese of Bathurst, Bishop Mark Calder asks Archbishop of Sydney Glenn Davies about how COVID-19 has impacted him.

And Glenn shares a familiar, but wonderful, verse for your encouragement.

It’s also available here as a standalone video.

Masks

“I don’t understand why people would have a problem being asked to wear a mask. It might not be popular to say it out loud, but we all put on masks.

So what’s the problem? Long before COVID came along we were masked and long after it will disappear we will continue to be masked. So what’s the problem?…”

– A gospel slant on masks from the Bishop of Armidale, Rick Lewers.

Peter Grice elected Bishop of Rockhampton

Peter Grice, Dean of Geraldton Cathedral in the Diocese of North West Australia, has been elected Bishop of the Diocese of Rockhampton:

“With much joy and gratitude to Almighty God, I announce the successful election of the Very Reverend Peter John Grice as the thirteenth Bishop of the Diocese of Rockhampton. The Episcopal Announcement was made at a Special Session of Synod, via Zoom, that was also livestreamed today.

Peter currently serves as the Dean of the Cathedral in Geraldton, Western Australia. As a family, Peter, Virginia and their five children, have ministered previously in the Dioceses of Armidale and North West Australia.

Peter was born in Newcastle, NSW and completed High School in Wollongong, NSW. He studied a Bachelor of Commerce/Law at the University of NSW before working as a solicitor in Sydney.

He has completed Theological Studies through the Australian College of Theology, studying at Sydney Missionary and Bible College. He holds further Post Graduate qualifications from Moore Theological College and Trinity Theological College. After completing his initial theological training, Peter responded to the call of Parish ministry in the Diocese of Armidale, where he was deaconed and priested in 2001 and 2002 respectively. He served as the Assistant Minister and then Incumbent of St Augustine’s Inverell for 14 years, before accepting his current position as Dean and Minister-in-Charge of the Holy Cross Cathedral Geraldton in January 2015. He is also licensed as the Vicar General of the North West Australia Diocese.”

– See the full announcement by the Administrator of the diocese, Tom Henderson-Brooks. (PDF file)

Photo: Peter and Virginia Grice.

← Previous Page — Next Page →