Constitution of the Free Serbian Orthodox Church - Diocese for Australia and New Zealand 1

Transcription

1 Constitution of the Free Serbian Orthodox Church - Diocese for Australia and New Zealand 1 Adopted at the First Foundation Church National Assembly, on the 31st day of October, 1964 in Melbourne, and as amended at the Fifth Ordinary Church National Assembly, held on the 30th December 1976 in Sydney. Under the auspices of Rt. Rev. Bishop Dimitrije, Bishop in charge of the Diocese Contents INTRODUCTION...2 THE DIOCESE...4 DIOCESIAN BISHOP...4 DIOCESAN CHURCH - NATIONAL ASSEMBLY...7 DIOCESAN COUNCIL...9 DOMAIN OF WORK OF THE DIOCESAN COUNCIL IN GENERAL AFFAIRS...11 DOMAIN OF WORK OF THE DIOCESAN COUNCIL IN THE AFFAIRS OF MANAGEMENT AND SUPERVISION...12 DOMAIN OF WORK OF THE DIOCESAN RELIGIOUS - EDUCATIONAL COMMITTEE:13 DIOCESAN FINANCIAL - EXECUTIVE COMMITTEE...14 DIOCESAN ECCLESIASTICAL COURT...15 DOMAIN OF THE DIOCESAN ECCLESIASTICAL COURT...17 DIOCESAN SUPERVISORY BOARD...18 DISPUTE COMMITTEE (SUD CASTI)...19 LOWER DIOCESAN ORGANS...20 CHURCH-SCHOOL CONGREGATIONS...22 CONDITIONS FOR THE ORGANISATION OF CHURCH - SCHOOL CONGREGATION..24 EXECUTIVE COMMITTEE...28 DOMAIN OF AUTHORITY OF THE EXECUTIVE COMMITTEE...29 PRESIDENT OF THE CHURCH-SCHOOL CONGREGATION...30 PARISH...33 TRUSTEES (POVERENICI)...39 PROPERTY AND FUNDS...39 DIOCESAN FUND...40 SEPARATE FUNDS AND PLEDGES...41 FINAL TRANSITIONAL PROVISIONS...41 SIGNATORIES Translated from the Serbian by Vitomir Z. Miletic. Transcribed to electronic form by P. Petkovic. This is not an official copy of the Constitution, the original of which is written in the Serbian language. 1

2 INTRODUCTION Art.1 The Free Serbian Orthodox Church - Diocese for Australia and New Zealand maintains her sister relations with the Free Serbian Orthodox Church - Diocese for America and Canada as well as the Free Serbian Orthodox Church - Diocese for Europe and their Bishops in charge, respectively. Art. 2. This Free Serbian Orthodox Church - Diocese for Australia and New Zealand is governed on the basis of: The Holy Scripture and Holy Tradition according to the teaching of the Holy Orthodox Church, Canons of the Ecumenical Councils and by them recognised Canons of the Apostles, Regional Councils and Holy Fathers. Ordinances, by-laws and general rulings of the competent Church authorities as stipulated by this Constitution. Art. 3 The jurisdiction of the Free Serbian Orthodox Church - Diocese for Australia and New Zealand with Bishop's headquarters and seat in Sydney, NSW, includes the entire geopolitical territories of Australia and New Zealand, which, as such, by its geographic location, enjoys in full the administrative freedom in managing independently through its own organs its: Church affairs, Schools and other Diocesan establishments, as well as all funds and real estates in accordance with this Constitution and Australia and New Zealand's Laws and By-Laws. Art. 4 This Free Orthodox Diocese is not subject to, or under the authority or patronage of any higher ecclesiastical authority. This Diocese is free to independently regulate its own spiritual and secular affairs as well as to affiliate or disaffiliate with any group or hierarchical entity, in accordance with the resolution by its own Diocesan Church National Assembly. Art. 5 The Free Serbian Orthodox Church - Diocese for Australia and New Zealand is comprised of Free Serbian Orthodox Church-School Congregations, Parishes, Churches, Monasteries, Protopresbyterates, established within the territory of the abovementioned countries, which in their spiritual, executive, ecclesiastical-judicial and supervisory control pertain to the Diocesan organs: To the Bishop in charge and the Diocesan Council. Therefore, every Free Serbian Orthodox Church-School Congregation, Church, Monastery, Protopresbyterate already existing or which shall be established in the abovementioned territories must be in ecclesiastical-canonical bond with this Diocese and recognise its authority and power. 2

3 Art. 6 The official language is Serbian with Serbian alphabet in Cyrillic (Cyrillic) but, as far as relations with Australia and New Zealand are concerned, likewise, with any other country in the Free World, the official language will be English. Art. 7 Free Serbian Orthodox Church - Diocese for Australia and New Zealand, Church-School congregations, Monasteries, Memorials, independent establishments, and some of the Temples, are lawful bodies, i.e. may have the right to handle their own affairs and obligations, lend-lease, etc. Art. 8 Diocesan flag is a three-colour one: red, blue and white, with golden cross and four letters "s" in Cyrillic - two of which are inverted. Art. 9 This Constitution embraces all legislative and administrative organs of the Diocese and regulates the following Church authorities and its organs: (1) Diocesan Bishop (2) The Diocesan Church National Assembly, whose executive and managing organ is Diocesan Council, which is constituted in two Committees: (a) Diocesan Religious - Educational Board (b) Diocesan Financial - Executive Board (Upravni Odbor) (3) Diocesan Ecclesiastical Court (4) Diocesan Supervisory Board (5) Diocesan Dispute Committee (Sud Casti) (6) District Archpresbyterates and their archpresbyters (7) Free Serbian Orthodox Church-School Congregations (8) Property Trust Art. 10 The DIOCESIAN PLENUM is constituted of: Diocesan Council, Ecclesiastical Court, Supervisory Board, Diocesan Dispute Committee (Sud Casti), President and Secretary of the Federation of the Serbian Sisters Circles and the Editor of the "Herald" (Eparhijski Vesnik). The PLENUM shall meet at the request of the Diocesan Council when there may be need for such a meeting, and on 3

4 occasions when there are questions to be resolved by Plenum. exclusively stipulated by this Constitution. Art. 11 As an auxiliary organ of the Diocese there will be THE FEDERATION OF THE SERBIAN SISTERS' CIRCLE with its Circles at various Church - School Congregations. As such, the Federation shall conduct and maintain child summer camps, homes for Serbian orphans and the aged and other activities entrusted to it by the Diocesan Council. It shall assist the Diocesan Council in its efforts to erect and manage buildings for this purpose. Circles of the Serbian Sisters at the Church-School Congregations shall render their full co-operation to the Church School Committees, their respective priests, and with the Federation of the Serbian Sisters' Circle and their respective School Committees. Art. 12 Every organ and church committee in the Diocese is subordinated in all executive matters directly to the higher executive organs of the Diocese. Art. 13 The time for lodging of complaints against decisions of the Diocesan authorities is 15 days, in which the day of lodging is not counted, and it is considered that the complaint has been lodged on time, if it has been handed out by 6. pm on the 15th. day from the day the decision has been received. If the complaint has been mailed, the day of posting shall be considered as the day of lodging to the authority which has brought the relevant decision. This timing is valid for all Diocesan organs, and for all decisions in as far as a special timing has not been stipulated otherwise by this Constitution. Art. 14. The Diocesan authorities decide independently, in accordance with this Constitution, on all matters which pertain under their jurisdiction. Against their decision there can be no protection and intervention cannot be sought of the civil authorities, except if same are contrary to the Australian and New Zealand Laws and By-laws. THE DIOCESE DIOCESIAN BISHOP Art. 15 Candidates for Bishop must fulfil canonical-legal requirements provided for the position of Bishop in the Orthodox Church. They must have the required theological education; Theological Academy, Theological Faculty or University education with prior theological education. They must show by their diligent church work, faithfulness to the Church and the people and by their exemplary life, as well as by their ability to merit the position of Bishop. 4

5 Art. 16 In case of vacancy of widowhood of the Diocese, the Diocesan Council and Ecclesiastical Court shall convoke within 6 months at the most a Church National Assembly in extraordinary session, while They (Diocesan Council and Ecclesiastical Court) continue to manage the Diocese until the newly elected Bishop takes over. At the joint meetings of the Diocesan Council and the Ecclesiastical Court the Chairman will be the most senior priest from the Ecclesiastical Court and the duty of the Secretary shall be carried out by the Vice-president of the Diocesan Council. Thus composed, the same Body shall conduct the convoked Extraordinary Assembly also. The Diocesan Council shall within three weeks before the Assembly, propose to the Church National Assembly two or three candidates for Bishop who fulfil the necessary requirements as set forth in the Article 15 of this Constitution. Art. 17 The Diocesan Church National Assembly will elect in secret vote one of the proposed candidates by a two-third majority. If this majority is not attained in the first two ballots then the third ballot shall take place. If at that time a candidate receives 50 per cent of votes, plus one he shall be considered as elected. In case no candidate receives an absolute majority in the fourth ballot, then a fifth ballot shall take place with only two candidates who have received the greatest number of votes. At this ballot, the candidate who receives the most votes shall be considered as elected. The elected Bishop shall be ordained (h-irotonised) by the two Orthodox Canonical Bishops having Apostolic succession. Art. 18 The Bishop by virtue of his archipasteral calling is privileged in granting Church-educational directives in the general activities of the Diocese. The following comes within the field of activity of the Diocesan Bishop: (a) to preserve, defend and sustain among the people, One, Holy, Ecumenical and Apostolic Church and repel all activities contrary to Orthodoxy, (b) to see that the Divine worship in church is conducted in accordance with the Church lawconstitution, (c) to endeavour, in accordance and in co-operation with the Diocesan Council, that new Churchschool Congregations be established; that churches be erected and repaired and he, himself, to check and to approve the Holy Icon Screens, Murals, and all important church serving essentials and vestments; (d) to see that all churches are supplied with Holy Chrysm service books, crosses and generally with all necessary church articles essential for the divine worship, as. well as that all be kept in good order and recorded in a special inventory; (e) to consecrate new churches and corporals; 5

6 (f) to make canonical visitations in his Diocese in accordance with the Church regulations - at least once a year; (g) to ordain worthy persons to priesthood, and send them to the parishes, and to promote and elevate deserving clerics in all priestly and monastic orders; (h) to decorate deserving priests for their merits; (i) to obey and execute all canonical laws of the One, Holy, Ecumenical and Apostolic Church; (j) to appoint replacements for abbots, vicar-generals and priests until the election of their respective replacements; (k) to appoint substitutes for those priests on vacation or on sick leave; (l) direct where church serving essentials are to be stored for safe keeping if a church building presents hazards and is unsafe for service as well as where the priest will conduct services; (m) to resolve questions of degrees in relationship, and within the canonical limitations, to render dispensations to related persons to wed and to grant dispensations from announcements in instances of proven necessity; (n) to grant leave to priests and personnel of the Ecclesiastical Court; (o) to mitigate the degree of punishment pronounced by the Ecclesiastical Court, if he finds justifiable cause to do so; (p) to inform the clergy and laity of various decisions and directives of the Diocesan Church National Assembly; (q) to submit to the Diocesan Council yearly, and to the Diocesan Church National Assembly a three year report of his archpastoral activities; and (r) with the Ecclesiastical Court, to provide accept and appoint new priests for this Diocese according to the indicated needs. Art. 19 The Diocesan Bishop, within his canonical rights will issue when the need arises, greetings and Epistles to the clergy and laity of his Diocese in order to strengthen faith and Christian morals. Art. 20 The Diocesan Bishop is responsible to the Diocesan Council for his work and the governing of the affairs of the Diocese and its institutions. In case of disagreement between the Diocesan Council and the Bishop, the final decision remains with the Diocesan Church National Assembly. 6

7 Art. 21 In case of his illness and absence, the Diocesan Bishop nominates his substitute - a clerical person, and stipulates at the same time his substitute's domain of work. Art. 22 The administrative division of the Diocese on protopresbyterates, as well as grouping of parishes, should there be a need for such division, these shall be done by the Bishop with Ecclesiastical Court and Diocesan Council. The Diocesan Bishop is at the same time the supreme supervisor of the Monastery when this is provided and erected. The Bishop appoints Abbots and carries canonical supervision as well as having the higher spiritual managing power over Monastery. DIOCESAN CHURCH - NATIONAL ASSEMBLY Art. 23 The Church-National Assembly is the Supreme Legislative and Supervisory Body within the Diocese and represents the whole Free Serbians in Australia and New Zealand Art. 24 The Diocesan Church-National Assembly is constituted of: 1. Delegates of the Church-school Congregations - two laymen with the president of the same Church-school Congregation, who is delegate ex-officio. In case of his inability to attend, he shall be replaced by the vice-president of the Church-school Congregation. 2. All Serbian Orthodox clergymen of this Diocese; both orders. 3. The Diocesan Bishop. 4. All Serbian colonies who are without a church and priests but who have regular school operating under Diocesan jurisdiction have the right to two delegates, one of whom is obligatory the school teacher. The Federation of the Serbian Sisters' Circle have the right to two delegates. 5. All members of the Diocesan Plenum from Article 10 of this Constitution. 6. Representatives of the people at large and distinguished educators and friends of Orthodoxy and of our people's welfare are privileged to attend all Diocesan Assembly meetings, but without the right to vote. Art 25 All delegates must possess the prescribed credentials which must be seen, verified and approved by the Credentials Committee. Every delegate must be rightfully a member of the Church-school congregation who as such can be elected in the Diocesan Council and Plenum. Should any member 7

8 discontinue to be a member of the Church-school congregation he shall discontinue outright to be a member of the Diocese or Plenum as well. Art 26 The travelling expenses of the delegates are financed by their respective congregations, namely, organizations. Art.27 The delegates of one congregation or organization may also represent another congregation or organization in cases where the necessity is justified; in such case both congregations, i.e. organizations share in the delegates expenses equally. Regardless of how many congregations or organizations a delegate represents according to the submitted credentials, all delegates are entitled to only one vote each. Art.28 The Diocesan Church-National Assembly meets in session every third year at the end of the month of December on the day designated by the Diocesan Bishop, in the place of the Bishop's Seat, when it deliberates on all administrative, legislative, financial and religious-educational problems and matters which concern the entire Diocese, i.e. its constituents. Art.29 The election of delegates for the Diocesan Assembly should be made if possible three months prior to the Diocesan Assembly, Grievances against election of delegates should there be any, to be sent- to the Diocesan Council within eight days from the date of election. Art.30 The Diocesan Assembly is opened by the Diocesan Bishop who is by virtue of his high calling, the president of the Assembly. Upon opening the Assembly, he shall invite same to be duly constituted and to elect the necessary presidium; two vice-presidents, one of whom is a priest and one a layman and two or more secretaries, two delegates as witnesses of Minutes and three members for Verification Committee. Art. 31 The Diocesan Assembly, upon being duly constituted, performs the following: 1. Changes and amends the agenda submitted by the Diocesan Council; 2. Receives reports of the Diocesan Council dealing with the entire work in the Diocese for the past three years; 8

9 3. Approves Diocesan Budget and the program of work carried out, by the Diocese for the past three years; 4. Decides on all matters which the Diocesan Council submits for consideration; 5. Gives the Discharge to the old Council and elects the new Diocesan Council with all other Committees; 6. Controls the assets of the Diocese for the entire past three years work of the Diocesan Council and its organs; 7. Should it be necessary and at the request of two thirds of the Assembly, decides on changes and amendments of the Constitution. DIOCESAN COUNCIL Art. 32 The Diocesan Council is the main executive and controlling organ in the Diocese for external church-religious and church-educational matters. Art. 33 The Diocesan Council, in addition to the Bishop, is composed to twelve regular members elected by the Diocesan Assembly for a period of three years several of whom are of the laity; five are the clergy (if this is possible, and six alternates; four of whom are of the laity and two of the clergy, Art. 34 Members of the Diocesan Council may not be related to one another or to the Bishop to within four degrees of canonical computation, neither as blood relatives nor spiritual. Art. 35 Membership in the Diocesan Council is honorary and therefore is fulfilled without any compensation, except for members who live outside N.S.W., whose travelling expenses, at the decision of the D1ocesam Council are paid. Art. 36 Immediately after the election, members of the Diocesan Council and other members of various committees must take an oath stating that they will perform their duties conscientiously correctly and objectively to the best of their ability, and that they will keep in strict confidence all official secrets. The oath will be officiated by the Bishop publicly in front of the Assembly. Should any of the elected members be absent at the time, he shall take his oath at the first session of the Committee where he is a member. 9

10 Art. 37 The Diocesan Council is comprised of two committees - sections 1. The Diocesan Financial-Executive Committee - Upravni Odbor, and, 2. The Diocesan Religious-Educational Committee. Each of these two Committees, besides the President-Bishop, has another six regular members: - The Financial-Executive Committee has four laymen and two clergymen, - The Religious-Educational Committee has three laymen and three clergymen. The alternate members - three for each Committee, are appointed by the Bishop in accordance with the Diocesan Council. The president or vice-president may appoint one of the members from the respective Committee as chairman for the same, in case of need. Art. 38 The President of the Diocesan-Council is the Diocesan Bishop. The Vice-president is appointed by the Bishop from the ranks of the elected members in accordance with the Diocesan Council. The vice-president of the Council is at the same time the vice-president of every Diocesan Committee except of the Ecclesiastical Court, if he is not a clergyman himself. The Secretary of the Diocese is at the same time the Secretary of the Diocesan Council. He is appointed by the Bishop as a permanent officer and he is on wages paid to him from the Diocese's Treasury. The amount of his wages is determined by the Assembly and budgeted as a separate administrative position for expenses. The referent of the Diocesan Council is the Diocesan Secretary or an especially appointed member by the Diocesan Council. Should a vacancy occur in the Diocesan Council it shall be filled in by an alternate member and appointed by the Diocesan Council. Art. 39 The Diocesan Council holds its meetings when it may be necessary, but at least it has to be three times annually. The Committees of the Diocesan Council - Financial and Educational, hold their meetings regularly once a month, or if necessity demands, more often than that. Every member of the Committee, in case that he may be unable to attend the meeting, is obliged to notify the President on time, who will then take the necessary steps to invite an alternate member to the said meeting. 10

11 Art. 40 In order that the Diocesan Council may bring valid decisions, it is necessary to have two-thirds of its members present besides the President and vice-president. This applies to the meetings of its Committees, Financial and Religious-Educational. Art. 41 As long as for some cases it has not been exclusively stipulated for an absolute majority, the decisions are carried out by simple majority of votes. But if votes are even the President's casting vote is the decisive one. If, for some reason an absolute majority is called for which at the first meeting has not been obtained the Bishop shall order another meeting with the same question on the agenda. And should such second meeting again fail to obtain the required majority, then the Bishop himself resolves the problem, bearing in his mind views and number of votes at the previous meetings. Art. 42 At a meeting of the Diocesan Council and at the Committees of the Diocesan Council, minutes must be kept in which are reported names of the present members, reasons for absence of those not present, remarks from the minutes of the previous meeting, announcements and correspondence which come within the scope of the Council, issues which had been discussed and voted upon, the results of voting and the exact resolutions carried. The minutes must be signed by all members present; and excerpts from the minutes only by the secretary with seal of the Diocesan Council. Art. 43 Grievances submitted against decisions of Diocesan Council's Committees, lodged within prescribed time limit, shall be resolved by the Diocesan Council's Plenum. DOMAIN OF WORK OF THE DIOCESAN COUNCIL IN GENERAL AFFAIRS Art. 44 (1) To see that Church-school Congregations, Monasteries and all its organs perform their duties correctly and conscientiously (2) To prepare and issue necessary regulations, orders, instructions. and decisions in those respects and in the matters of all executive and religious-educational needs of the Diocese. (3) To prepare and submit to the Diocesan Church-National Assembly recommendations for various regulations and directives which are to be legislated by this Body for the entire Diocese, (4) To prepare for submission to the Church-National Assembly the Project of Budget for the next three years. Budget debate shall be a separate item on the Agenda. The Assembly may change or amend the submitted Project. The Council in its Project of Budget shall have a special position under the heading: "UNFORESEEN EXPENSES". This position must not be used on any other 11

12 needs for which the Budget has already been provided in their respective columns, and in as far as this Specially provided revenue has not been used up, it shall remain as Budget's saving. (5) in accordance with this Constitution, should there be any. any grievances about election of delegates for Assembly, Council has to hear them and bring proper resolutions about them, (6) To set up its own Agenda, (7) To create funds required for the entire Diocese, (8) To receive and debate the reports of its Committees -sections and to consider their activities and the status of the Diocese and to render appropriate decisions on subjects of the said reports, (9) To debate the grievances submitted against the decisions of the Committees - sections of the Diocesan Council, (10) To initiate and extend such tasks which it might consider to be generally beneficial for the Diocese, DOMAIN OF WORK OF THE DIOCESAN COUNCIL IN THE AFFAIRS OF MANAGEMENT AND SUPERVISION Art. 45 (1) To be in consultation itself on all relations and needs of the Serbian Orthodox religious schools for religious education and to bring forth in that respect necessary decisions and issue directives, (2) To prepare and submit regulations for the entire Diocese in regard to the religious-education in the church-schools, teaching curriculum and disciplinary code for the teachers, (3) To supervise that the directive for school programme and teaching curriculum are correctly carried out and that the prescribed religious-cultural school text books are widely used, (4) To choose Diocesan religious-educational supervisors, if necessary, through whom supervision is exercised over all religious-educational institutions in the Diocese, (5) To receive reports from the said supervisors and formulate necessary decisions on same, (6) To receive an annual report from all its committees covering their work and to prepare an annual report from same of the entire work within the Diocese and to submit it to the Diocesan Assembly, (7) To decide the organization and development of religious-educational schools for religiouscultural education and beneficial institutions in the Diocese. 12

13 DOMAIN OF WORK OF THE DIOCESAN RELIGIOUS - EDUCATIONAL COMMITTEE: Art. 46 Within the domain of activity of the committee section, aside from the religious-educational activity, it shall also decide and resolve: (1) Grievances against decisions of the bodies of church-school congregations in matters of strictly educational and school character; to approve their decisions or to disapprove them whenever this Constitution proves cause for same. (2) To resolve disputes arising between parish priest and church-school congregation and its organs insofar as same do not concern spiritual matters, (3) To prepare and submit to the Diocesan Council recommendations for directives, orders and regulations which pertain to the official activity of the lower organs of the Diocesan authorities and which relate to matters of school and education; (4) To submit to the Diocesan Council for approval its own reports, findings and financial statements; (5) To examine, approve and confirm the rules and decisions of the congregation insofar as it is within the scope of this Constitution (6) To appoint and send representatives for the purpose of investigating various improprieties of lower organs in church-parochial schools and to take adequate measures to eliminate various faults and insufficiecies in educational and school activities. Art. 47 In matters of administration and control over religious schools for religious-education, this Committee is competent: (1) To approve decisions made by the church-school congregations and to erect new schools, (2) To endeavour that school buildings are built in accordance with regulations, that they are furnished with the best of teaching materials and that only qualified and capable teachers are engaged; (3) To control that church-school congregation authorities fulfil their obligations punctually, to submit their reports to the Diocesan Council regularly - statistical data and other requests; (4) To approve election of teachers selected by church-school congregations and to confirm them; (5) To judge in the disciplinary matters of teaching personnel in accordance with the disciplinary rules which the Diocesan Council will present; 13

14 (6) To arbitrate and resolve differences between teacher, clergy and school-church congregations and their organs insofar as they may touch upon school and teaching relations; (7) To compile an annual report of the status about all its external and internal religious-educational institutions in the Diocese which report will be published in the Diocesan paper and to submit same together with the proposals to the Diocesan Council; (8) To carry out decisions of the Diocesan Council insofar as they concern religious-educational activities., (9) To appoint substitutes in teachers' vacancies until a permanent valid decision is finalised, (10) To maintain a list of all religious-educational institutions and teaching personnel in same; (11) To make sure that the supervision of all religious-educational institutions is carried out properly; (12) To consider the Religious-education Committee's proposals and make appropriate resolutions on the same. DIOCESAN FINANCIAL - EXECUTIVE COMMITTEE Art. 48 From within the members of this Committee-section, the Diocesan Bishop in agreement with the Diocesan Council appoints the Diocesan Treasurer and the Accounting Officer. The Treasurer of the Diocesan Council must be under bond; the amount of the same to be specified by the Diocesan Council. Art. 49 The domain of work of the Diocesan Committee is (1) To maintain that regular inventories are kept of all real and personal property of the Diocese, Church-school Congregations, Monasteries, funds (beneficiaries) etc. (2) To control the status, handling and usage of those funds (beneficiaries) and property which are directly supervised by the Church-school Congregation in accordance with this Constitution. (3) To examine the submitted final statements for the past year and to approve Church-school Congregations' and Monasteries' budgets for the next year. (4) To handle, directly and under the supervision of the Diocesan authorities the funds (beneficiaries) which serve Church-religious educational and humanitarian aims of the entire Diocese. (5) To supervise over all Diocesan property and beneficiaries. 14

15 (6) To check and keep in its files one copy of the property inventory of the Church-school Congregations, Monasteries and Diocese. DIOCESAN ECCLESIASTICAL COURT Art. 50 The Diocesan Ecclesiastical Court is comprised of the Bishop as its President and two regular members. The regular members of the Ecclesiastical Court and members alternate are appointed and relieved of duty by the Bishop. Art. 51 Members of the Diocesan Ecclesiastical Court may be clergy of both orders but they cannot be related amongst themselves or with the Bishop to within four degrees of canonical computation, be it blood relationship or spiritual. Art. 52 The Advocate of the Diocesan Council, namely the Advocate of the Diocese, is Advocate of the Ecclesiastical Court also, should there be a necessity. The Advocate shall be appointed by the Bishop in concurrence with the Diocesan Council. Art. 53 The members of the Diocesan Ecclesiastical Court regular and alternates, as well as its clerks, swear an oath in front of the Diocesan Bishop, which is as follows: "I, (N.N.) swear by Almighty God, that I will fulfil all duties and activities entrusted to my calling carefully and conscientiously without any objective; that I will, before the enacting of any decision, most zealously uphold all the laws and Canons which relate to the subjects of the office entrusted to me and that I will guard official secrets honourably. So help me God" This oath must be personally signed by each member and submitted to the Bishop. Aforesaid text of oath is a general one and official in text for all members of any of the Diocesan Committees, where this Constitution calls for an oath to be taken. The same applies for committees and duties for the Church-school congregations. Art. 54 The President of the Diocesan Ecclesiastical Court is the Diocesan Bishop. Should He be not available, the Bishop-shall be substituted by His alternate, in accordance with the Article 21 of this Constitution. 15

16 Art 55 The meetings of the Ecclesiastical Court are held as required and at the invitation of the Diocesan Bishop. All regular members of the Court must be invited to the meetings and the necessary number of alternate members. Art. 56 The members of the Ecclesiastical Court cannot hold meetings of the Ecclesiastical Court without knowledge of the Diocesan Bishop or his appointed substitute in the event of the Bishop's absence, except as per Article 21. of this Constitution. Art. 57 The Diocesan Ecclesiastical Court, duly convoked to the meeting, in accordance with the aforesaid Article of this Constitution, may always make valid decisions at its meetings, if two-thirds of its members are present. Art. 58 Meetings of the Ecclesiastic Diocesan Court are not public. If a case involves one of the members or his family or relatives to within four degrees of relationship, he must leave the meeting until the deliberation is over and the case is resolved. Art. 59. At every meeting of the Ecclesiastical Court, Minutes are taken, in which must be entered: Names of the present and names of the absent members, with the stated reasons of those who are absent; remarks from the Minutes of the last meeting; announcements and correspondence which come within the jurisdiction of the Diocesan Ecclesiastic Court; subjects discussed and voted upon, and final decisions of voting. The Minutes must be signed by members present and the excerpts from the Minutes only by the Secretary or the President-Chairman. Art. 60 Decisions made by the Diocesan Bishop alone or together with the Diocesan Ecclesiastical Court have the validity and the power of decrees of the Ecclesiastical Courts in the first instance. Art. 61 All decisions pertaining to the unfrocking of priests or presbyter-monastics, or matters of marriage, divorce, by reason of duty, are to be forwarded to the higher Church authority - to the Ecclesiastical Court of the Diocese for America and Canada - regardless whether there have been complaints or not. 16

17 DOMAIN OF THE DIOCESAN ECCLESIASTICAL COURT Art. 62 The domain of the Diocesan Ecclesiastical Court is: (1) To see that the teaching of the faith is preserved intact-pure and that the church rituals are maintained in their entirety; (2) To see that priests and presbytermonastics perform their duties both in and outside of the Church and that the religious moral life of the clerics and properly coincides with the Church regulations; (3) To provide instructions for religious education in general, to be informed, through contacts with its organs, on the religious morals situation of the people and Serbian Eastern Orthodox children in all schools; (4) To arbitrate and decide upon differences arising between archpresbyters, priests and missionaries, insofar as they relate to their spiritual service and official relations; (5) To judge in all disciplinary matters which relate to, Church discipline and order of the clerics and people and also in the matter relating to the performance of the Holy Sacraments; (6) When necessary, calls for replenishments of vacancies in parishes; (7) To engage, in accordance with this Constitution, in the organization of new, devolvement of old or re-setting of boundaries of the existing church-school congregations, archpresbyterates, monasteries, and in deciding their respective places for headquarters; (8) To formulate directives for the official activities of district archpresbyterates insofar as the directives relate to their spiritual duties; (9) To assume responsibility that all new Churches are built in accordance with Orthodox rites, that they are consecrated according to regulations; that they are provided with service books, materials and essentials and that the church cemeteries are consecrated and properly fenced; (10) To maintain that proper inventories are kept, listing all church belongings, orders that all churches be listed,-make sure that there are nominal rolls of parochial and monastic clergy and list and number of Christian souls and homes, and that all these be entered into special books; (11) To see that official church records and generally all that is necessary for parish life and callings and monasteries, all prescribed books and minutes are kept in order and according to regulations. Art. 63 The Court procedure and order of business of the Ecclesiastical Court will be prepared by the Ecclesiastical Court and the Diocesan Council and submitted for. approval to the Diocesan Church- National Assembly. 17

18 Art. 64 If the Bishop should disagree with decision of the Diocesan Ecclesiastical Court as well as with the decisions of some of the Diocesan Committees or Diocesan Council, the matter in question shall be * forwarded to the Diocesan Plenum, which should be convoked to a meeting within 30 days from the day when the complaint has been filed by the Diocesan Bishop himself or the Vice-president of the Diocesan Council. DIOCESAN SUPERVISORY BOARD Art. 65 The Supervisory Board consists of three regular members and two alternates. The first one elected becomes the President of the Board. The Supervisory Board is elected by the Diocesan Church- National Assembly at its regular Assembly for a period of three years. Its authority is: at least once a year to examine all financial dealings of the Diocese, and about the state of affairs found to report to the Diocesan Council in writing, and submit its Triennial report to the Church-National Assembly, with its remarks and suggestions when it meets at the Church National Assembly. Art. 66 The Supervisory Board brings its decisions with simple majority votes. At its meetings when they work, there must be all three members present. Should any of the regular members be unable to attend, a next in order of election substitutes shall be convoked. About every examination Minutes must be kept in which the found state of examination is to be entered. The Minutes are to be signed by all present members. Art. 67 Should the Supervisory Board, while examining financial dealings, find existence of irregularities in financial affairs, particularly if material or financial losses are in question, the Supervisory Board shall immediately make a written report to the Diocesan Council and request urgent measures to be taken for protection of the financial interests of the Diocese. Art. 68 If the Diocesan Council, for whatever reasons it may be, fails to undertake the protective measures, then the Supervisory Board has the right to request from the Bishop to a convocation of a full meeting of the Diocesan Plenum, Art. 10, in front of which the Board shall table the matter for a decision. A decision by the Plenum is final and a Plenum can seat in deliberation and bring decisions only if it has two thirds of its members present. The Plenum's decisions are carried out by a simple majority of votes. 18

19 Art. 69 As the work of members of any Committee of the Diocese is voluntary and with no remuneration, it would be desirable that all members of Board are elected from the same place of the Diocesan location or at least all of them are from the same town in a State; thus the expenses shall be reduced and holding of the meetings made easier. DISPUTE COMMITTEE (SUD CASTI) Art. 70 The Dispute Committees are being created, which will, as a separate organ, with the Diocese and with Church-school Congregations perform the duties prescribed by this Constitution. Art. 71 The Dispute Committee of the First degree will exist with every Church-school Congregation and the same shall be elected at their regular annual meetings, together with other committees, each year. It shall consist of three regular members and two alternates. The same judges in the first degree, in the presence of all parties. Art. 71 A Second Degree Disputes Committee, which shall be elected by the regular Diocesan Assembly with all other committees for three years will consist of five members and two alternates. It will judge in the second degree complaints and decisions on disputes and decisions brought down by the First Degree Dispute Committee with the Church-school Congregation. This Dispute Committee deliberates and judges without presence of parties concerned and it is called the Diocesan Dispute Committee. Art. 73 First Degree Dispute Committees with Church-school Congregations are competent to hear and judge cases against their own members - members of their own congregation, while the Diocesan Dispute Committee is covering the entire Diocese, and is judging complaints against any other Disputes Committee within the Diocese. Art. 74 The real competence of the Dispute committee covers cases of: Offences, malicious accusations, litigations and the similar commotions against the members. Art. 75 The Dispute Committee has the power to pronounce the following penalties: 19

20 (1) A reminding (2) an admonition, verbal or written, (3) exclusion from membership for a limited period of time and (4) a permanent exclusion from membership from Church-school congregations. LOWER DIOCESAN ORGANS Art. 76 The Lower Diocesan organs are: District Axchprebbyterates and archpresbyters. An archpresbyterate is a group of more church-school congregations - parishes - which are under the spiritual supervision of one and the same archpresbyter. Art. 77 The present district archpresbyterates, their headquarters and their boundaries remain the same. Should thereby be in the future, in the interest of the Church and in the interest of the Church services, a necessity for a change, it shall be carried out in agreement with Church Ecclesiastical Court and Clergy and with the Diocesan Council, the Bishop's approval. Therefore, for the time being, until further decisions they remain as they are at present - the two archpresbyterates : EASTERN AND WESTERN. Art. 78 An archpresbyter is a spiritual head of the district of his archpresbyterate for which he has been appointed permanently. An archpresbyter is appointed or relieved from his position by the Diocesan Bishop. Therefore, he is the Bishop's representative and as such he is obliged to perform all spiritual supervision over clergy and people on the Bishop s behalf as well as over all Church religious-educational institutions in his district. Art. 79 The Church- jurisdictional position of an archpresbyter includes the following rights and obligations: (1) He is a mediating organ between the Bishop, Church-ecclesiastic Court and the district parish offices and in general all the territorial clergy and people; in exclusive spiritual matters and as such he is obligated to announce the orders, resolutions and decisions of the Diocesan Ecclesiastical Court to the parish offices as well as to submit petitions, grievances and in general all requests of the abovementioned to the Diocesan Ecclesiastical Court with his remarks, his reports and his eventual propositions; 20

21 (2) He is the controlling organ of the Diocesan administration in all its activities of the clergy and the people, parochial officers and Church-school congregations in spiritual and administrative matters and all church-religious-educational institutions of its district. Consequently, his duty is to make annual visitations in his district in accordance with the rules of his Constitution and instructions of his Diocesan Bishop and the competent Diocesan authorities and to submit a report on each occasion to the Diocesan administration; (3) He is the investigating organ of the Diocesan administration in all church corrective and disciplinary matters as well as in the executive matters of his district clergy, teachers and faithful, and church -school congregations and their organs and the parochial officers insofar as the Diocesan Bishop and competent Diocesan authorities would not entrust the same duties to another as their special representative; (4) He is the executive organ of the Diocesan authorities. Therefore, it is his duty to execute orders, decisions, rules and decrees of the Diocesan administration in his district, i.e. all responsibilities for same to be executed by all of those persons who have been entrusted with them. Art. 80 Besides the duties prescribed in the Article above, the arch presbyter shall have the following duties also: (1) To take care of purity and strengthening of the Orthodox faith regarding correct and regular preaching, religious-moral enlightenment and the education of believers. (2) To take appropriate measures against all movements and actions directed against the Orthodoxy and the interests of the Church. (3) To take care about preservation and cultivation of good traditions and take appropriate action for suppression of negative habits and misdeeds amongst the people. (4) To endeavour to organise, on his territory, benevolent and spiritual-educational institutions in accordance with local conditions and needs and to that effect, to make necessary proposals, giving his own opinions to the Diocesan Bishop. (5) To ensure that correct and regular divine services are conducted in his territory, as well as maintain beauty and dignity and good order in his churches. (6) To eliminate every misunderstanding among priests; arbitrate in minor disagreements amongst them and settle disputes in question peacefully, but any disputes of a major nature, he shall forward to the higher authority. (7) To inspect his parishes at least once a year on his territory, when he scrutinises and controls pastoral, religious-teachers and administrative work of his parish priesthood and the work of the church-school congregational committees, and about his findings make a thorough report to the competent Diocesan organs, with his own remarks and suggestions, (8) Either on his own initiative or by the expressed wish of his priesthood, with the prior approval of the Diocesan Bishop, the arch-presbyter may convoke priests to brotherly meetings for debates, at which the following subjects may be discussed: the necessity for church advancement; the 21

22 pastoral duties; advancement and strengthening of Orthodox faith with believers; religious-moral fulfilment; mutual love; patriotism; spiritual education and Christian virtues. (9) To submit his annual report with his own opinion and suggestions to the Diocesan Bishop about the conditions of churches, about work and behaviour of priests, as well as about his own work. Art. 81 In order that the district archpresbyters may correctly fulfil these specific duties of their office, the Diocesan Bishop together with the Diocesan Ecclesiastical Court and the Diocesan Council, will compile specific instructions and publicise same for the knowledge and acceptance of all the clergy, school-church congregations and parishes. Art. 82 The district archpresbyters in their official capacity are under the supervision of the Diocesan authorities and they are duty bound to submit in all matters without exception to the prescribed laws and directives. CHURCH-SCHOOL CONGREGATIONS Art. 83 A Serbian Orthodox Church-school Congregation is a community of Serbs who profess the orthodox Faith and live in one or more localities which are bound together and which comprise geographic and administrative unity according to the laws of this country and of New Zealand. Art. 84 Each church-school Congregation is considered an integral part of the Free Serbian Orthodox- Church - Diocese for Australia and New Zealand and as such is subject to all the statutes of this Constitution, church canons and other regulations, rules and orders of the Diocesan authorities headed by the Diocesan Bishop. Art. 85 The aim and purpose of the Church-school Congregation is to uphold, maintain and promote the Church, school and all institutions which benefit Serbians and Orthodoxy and to work towards the promotion amongst the members of same, fraternal love and unity and to be useful citizens of this country, mutually helping one another in the moral and spiritual national missions and development for the fulfilment of purposes of the Free Serbian Holy Orthodox Church. 22

23 Art. 86 Members of the Congregation are only those Serbs who have voluntarily assumed upon themselves the duties and burdens prescribed by the Church-school by-laws and have thereby achieved the right to actively participate in the work of the Church-school Congregation. Art 87 Any person who desires to become a member of the Congregation reports to the Congregation's Committee by making a written application, and who is to be recommended by two regular members. The managing Committee of the Congregation may accept the application or reject it by a majority of votes. A Persons not admitted to membership is entitled to ledge his complaint against the decision to the regular Annual General Meeting within 15 days of the day the decision of the School Congregation was submitted unto him. The Congregation Meeting s decision remains valid until the Annual General Meeting. Should the decision of rejection be declared void - not valid, the complainant shall become a member of the Congregation, but if the Annual General Meeting confirms the decision of the Congregation, the complainant has no one to complain to - the Resolution is final. Art. 88 The persons who are not fulfilling provisions prescribed by Rules of the Church-school Congregation shall be considered parishioners~ i.e. they are subjects of the church, but they do not enjoy other rights and obligations provided by this Constitution for regular parishioners. Art. 89 The membership fees are determined by the Annual General.Meeting. Only invalids and pensioners are exempt from paying fees; these who have been regular members of the congregation prior to becoming pensioners or invalids. Every member who leaves his Church-school congregation, or -is expelled by the decision of the competent church organs in accordance with the provisions of this Constitution, or who discontinue to fulfil his obligations towards Church-school congregations, has no rights whatsoever on any claims against the Church-school Congregation whose member he has been. Every prospective member must sign the Church-school rules -prior to assuming full obligations as a member. All of the newly arrived persons to Australia can be accepted into membership, but they cannot be elected for any function in the Church-school congregation until they have passed three consecutive years as members in that Church school congregation. Art. 90 The following persons cannot be members of a Church-school Congregation: (1) Persons under eighteen years of age. 23