Constitution of the Free Serbian Orthodox Church - Diocese for Australia and New Zealand
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
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.
INTRODUCTION
Art.1
The Free Serbian Orthodox Church - Diocese for Australia and New Zealand maintains her sister relations with the The Free Serbian Orthodox Church - Diocese for America and Canada as well as the 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:
a). The Holy Scripture and Holy Tradition according to the teaching of the Holy Orthodox Church,
b).Decisions and Canons of the Councils and by them recognised Canons of the Apostles, Regional Councils and Holy Fathers.
c).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.
Art. 6
The official language is Serbian with Serbian alphabet in Cyrillic (Cirilica) 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 Arch presbyterates and their arch presbyters
(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 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.
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 grestest number of votes. At this ballot, the candidate who receives the most votes shall be considered as elected. The elected Bishop shall be ordained (hirotonised) by the two Orthodox Canonical Bishops having Apostolic succession.
Art. 18
The Bishop by virtue of his archipastoral 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 law-constitution,
(c) to endeavour, in accordance and in co-operation with the Diocesan Council, that new Church-school 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 Chrism 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;
(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.
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 proto presbyterates, 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 canonic 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 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, organisations.
Art.27
The delegates of one congregation or organisation may also represent another congregation or organisation in cases where the necessity is justified; in such case both congregations, i.e. organisations share in the delegates expenses equally.
Regardless of how many congregations or organisations 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 froin the date of election.
Art.30
The Diocesan Assembly is opened by the Diocesan Bishop who is by virtue of his 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;
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 possibe, 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.
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.
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 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 it’s 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 organisation and development of religious-educational schools for religious-cultural education and beneficial institutions in the Diocese.
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 insufficiencies 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;
(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 ihe 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.
(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 enaction 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.
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.
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 presbyter monastics 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 arch presbyters, 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 organisation of new, disolvement of old or re-setting of boundaries of the existing church-school congregations, arch presbyterates, monasteries, and in deciding their respective places for headquarters;
(8) To formulate directives for the official activities of district arch presbyterates 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.
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 it’s 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.
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:
(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 Arch presbyterates and arch presbyters.
An arch presbyterate is a group of more church-school congregations - parishes - which are under the spiritual supervision of one and the same arch presbyter.
Art. 77
The present district arch presbyterates, 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 arch presbyterates : EASTERN AND WESTERN.
Art. 78
An arch presbyter is a spiritual head of the district of his arch presbyterate for which he has been appointed permanently.
An arch presbyter 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 arch presbyter 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;
(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 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 arch presbyters 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 arch presbyters 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 Serbianism 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.
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.
(2) Persons who have proven to have scandalised others by their immoral life and conduct.
(3) Persons who can be proven to be working against the Church-school, Diocese and Orthodoxy.
(4) Those who openly admit and who can be proven to be anarchists, communists, nihilists and bigamists.
Art. 91
The membership of a Church-school congregation terminates:
(1) By death.
(2) By members' resignation; by free will.
(3) B moving from one Parish to another - transfer.
(4) By exclusion from membership by the decision of the Managing Committee or General Meeting.
(5) If a member discontinues to pay his due fees for more than twelve months.
Art. 92
The exclusion from membership is carried by the resolution of the Managing Committee when there are proven cases referred to in Article 90 of the Constitution, or when there is an undeniable proof that the presence of a member is detrimental to the best interests of the Church-school Congregation, either by his activities or by his behaviour.
The excluded member may lodge his complaint to the Annual General Meeting whose decision will be final.
CONDITIONS FOR THE ORGANISATION OF CHURCH - SCHOOL CONGREGATION
Art. 93
(1) Petition to the Diocesan Bishop, signed by all who wish to organise a Church-school Congregation in which they obligate themselves to support same both materially and morally;
(2) Proposal of the Church-school Rules and By-laws, which must be composed in accordance with this Constitution and approved by the Diocesan authorities.
Art. 94
A Church school Congregation is managed by the following organs:
(1) Assembly of the Church-school Congregation;
(2) Managing Committee;
(3) Supervisory Board;
(4) Priest-rector;
(5) (Tutori) Wardens of the Church;
(6) Dispute Committee (Sud Casti)
(7) Auxiliary organ Serbian Sisters' Circle, in accordance with Article 11 of this Constitution.
Art. 95
The Assembly of the Church-school Congregation is comprised of all rightful members of that Church-school Congregation.
The persons who may become members of the Church-school Congregation on the same day when the Annual General Meeting is held, have no rights to vote at the same.
Art. 96
The regular annual General Meetings of the Church-school Congregation are held on the day determined by the Managing Committee in February every year.
The nominal Roll of the newly elected Committee with their addresses, a copy of the Minutes of the General Meeting, and the report of the Supervisory Board, must be delivered to the Diocesan Bishop, namely, Diocesan Council, within 15 days at the latest from the day when the General Meeting was held.
Art. 97
The Agenda for the Annual General Meeting is prepared by the Executive Committee of the Church-school Congregation ard must be strictly upheld by the Presidium of the General Meeting.
In the event that certain unforeseen questions and proposals should arise which are not on the agenda the president of the General Meeting may place such questions under the item "questions and proposals" and discuss them as such and bring forth appropriate decisions on them.
Art. 98
The Executive Committee is obliged to set the day for the Annual General Meeting and send written notices to each member at least fifteen days in advance.
Art. 99
The General Meeting is opened by the President of the Executive Committee and he calls upon the present members to elect the Presidium as follows: President of the Annual General Meeting, 1 Secretary, 2 members to verify the Minutes, and 3 members as scrutineers, who have to examine the proxies should there be any, also.
Art.100
On opening the General Meeting and the election of the Meeting Presidium, the procedure follows in accordance with the Agenda. Upon submitting the Reports of the activities of the Executive and Controlling Boards and the acceptance of these Reports the old Managing Committee is relieved of its duties, then the election of the new Managing Committee takes place, and so forth until all other items on the Agenda have been dealt with.
Art.101
Immediately following the election of the new Managing Committee , the President of the General Committee calls upon the priest to officiate the oath to the newly elected officers. The text of the Oath, as per Art. 53 of this Constitution. The Oath is taken in front of the whole of the members of the General Meeting. Should there be no priest present, the President of the General Meeting will officiate the Oath in the same manner. Members elected, but not present at the time of the Oath taking shall take their Oaths at the first Managing Committee's Meeting.
Art. 102
The domain of work of the General Meeting is as follows.
(1) Election of Presidium of the General Meeting;
(2) Submission of the Reports of the activities of the retiring Committee:
(3) Release of the old Committee;
(4) Election of the new Committee;
(5) All matters, questions that do not pertain within the domain of work of Church-School Congregation's Committee Board
(6) Questions of the Church-school economy;
(7) Questions and proposals.
Art. 103
All misunderstandings and disagreements which might arise rin the course of the year between the priest and teachers on one side, and the Committee of the Church-school Congregation on the other, must be submitted for consideration to the Diocesan Council. The Diocesan Council, through its official Diocesan organs, will investigate and study the matter and submit its decision to the Committee. The decision of the Diocesan Council is final.
Art.104
In the event of appearance of questions of such importance during the year which Church-school Congregations Committee is not competent to resolve, and the problem is of such a nature that is cannot wait for the Annual General Meeting, the Committee of the Church-school Congregation convokes an extraordinary General Meeting, which shall deal with and bring down a decision only on the subject for which it has been convoked. The Extraordinary General Meeting is to be chaired and handled by the President and the Secretary of the Church-school Congregation.
Art.105
At the request of one third of the Church-school Congregation members, the Managing Committee is bound to convoke an Extraordinary General Meeting, as well as at the request of the Diocesan Council. In both cases it deals only with questions wfor which it has been convoked.
Art.106
All decisions by the Ordinary General Meeting are brought out by a relative majority of votes, but should it be dealing with the real estate property - acquiring or disposing thereof - in order that the decision could be valid, it shall be necessary to have a two-thirds majority of votes. Should the voting be evenly divided, the President's vote is the decisive one.
Art.107
Any member who abuses his privileges as a member of the Congregation by creating disorder and by obstructing the procedure of the General Meeting can be barred from the meeting by the presiding officer -Chairman.
Art.108
The General Meeting can begin its work and bring valid decisions provided that a relative majority of members is present.
If at the Meeting, on :first call, a relative majority of members fail to be present, the beginning of the General Meeting has to be postponed for a period of half an hour. After that, if there is present one-
third of regular members, the Meeting shall be declared open and begin with its work. Should there be a failure to have one-third of members present, the General Meeting has to be postponed and a new one convoked within fourteen days.
Art.109
If at this second convocation, and after a postponement of half an hour, there should not be one-third of regular members present, then Minutes have to be written to that effect, which are to be signed by: President, Priest and by all members of the Church-school congregation present, and such Minutes are forwarded to the Diocesan Council, which shall make an appropriate decision.
Art.110
Should the General Meeting of the Church-school Congregation overstep the boundaries of its jurisdiction and intentionally prevent the execution of the directives of the Diocesan authorities, the Diocesan authorities are empowered to annul immediately such decisions and to entrust the governing of the said Church-school Congregation further to the retiring Committee, which will call a new General Meeting. The new General Meeting shall be convoked when the Diocesan authorities receive sufficient evidence and guarantee from the membership that such meeting will be conducted in peace and in a manner prescribed by the Diocesan Constitution and the Church-school By-laws.
EXECUTIVE COMMITTEE
Art.111
At the head of the Church-school Congregation stands the Committee which consists of Managing Board and Supervisory Board and Dispute Committee (Sud Casti). The Circle of the Serbian Sisters joins as an auxiliary organ in accordance with Art. 11 of this Constitution.
Art.112
The executive Board consists of: President, Vice-president, Secretary, Treasurer, Accountant, two or more Churchwardens (tutori) and the necessary number of committee, according to number of membership of the Church.
Art.113
The Executive Committee is elected at the regular Annual General Meeting of the Church-school Congregation, together with all the other Boards for the period of one year.
By virtue of his Ex-officio, the Priest is a member of the Executive Committee also.
Art-114
Regular meetings of the Executive Committees are held once monthly, but the extraordinary meetings may be held as often as the need may demand.
Art.115
The Meeting is called by the President who composes the Agenda. The President is compelled to call a meeting at the demand of one-third of the Executive Committee members.
The Meetings are opened and closed with prayers read by the Parish Priest. Should he be absent, prayers shall be read by the Chairman.
Art. 116
The decisions of the Executive Committee are valid when all members are duly called and when the relative majority is present (one over one half) of its members. In the event that at first calling no relative majority is present the meeting shall be called again in eight days time, when one-third of the members present can render valid decisions. In the event that this time not even one-third of the members are present, the President is obliged to summon an Extraordinary General Meeting within fourteen days at which he must bring the question of confidence in the Committee to the Meeting.
Art.117
The Executive Committee is obliged in its entire work and in its decisions to strictly uphold the statutes of this Constitution and By-laws of its Church-school Congregation as well as all the directives of the Diocesan authorities. Should some of the Church-school Congregation's rules be in conflict with the provisions of the Constitution, then the Constitution's provisions will be applied and not those of the Rules, as the Constitution is a basic Law to which the Rules must be amended accordingly.
DOMAIN OF AUTHORITY OF THE EXECUTIVE COMMITTEE
Art.118
The domain of authority of the Executive Committee is:
(1) To decide the date and place for the calling of the Church-school Congregation's General Meeting;
(2) To examine the nominal roll of the Church-school Congregation's membership;
(3) To prepare proposals for the Church-school General Meeting dealing with all matters which fall within the framework of its activities;
(4) To execute the decisions of the General Meeting and the directives of the Diocesan authorities;
(5) To make an inventory of all real estate property and financial funds of the Church-school congregation in two copies; one of which is to be sent to the Diocesan authorities;
(6) To govern and handle with the entire real estate and financial funds of the Church-school Congregation and to take care of its maintenance;
(7) To Provide with all needs, its congregation, church, school, etc. relating to these;
(6) To determine the means of acquiring funds for building and repair of the church, church-school, parish home and other useful buildings; to submit proposals for that purpose together with plans, building estimates and expenses to the Church-school Congregation General Meeting for approval:
(9) To propose to the General Meeting the manner of paying the priest, teachers and other personnel and to see that the same receive the prescribed salaries on time and in the prescribed manner;
(10) To resolve as to whether certain demand by the Church-school Congregation shall be rejected as impossible to achieve; whether a law suit shall be started, continued, abandoned or an agreement with the opponent reached; whether certain contracts in the name of the Church-school Congregation should be concluded, continued, broken or rejected and whether anything should be purchased from the Church-school Congregation funds;
(11 ) To name an attorney for Church-school Congregation in case of lawsuits;
(12) To take care of the Church-school Congregational library, organisation of lectures, socials and entertainments;
(13) To assist the priest and the teachers in the religious and moral education of the people in order that bad, morally and materially harmful habits and customs be eradicated;
(14) To submit recommendations pertaining to the Orthodox Church and school; to preserve and defend the honour and dignity of the Church and Church-school Congregation;
(15) To awaken and maintain in the parish, love, zeal and sacrifice toward the Serbian Orthodox Church and School;.
(16) To represent the interests of the church and school through its president in all its external relations with outside individuals or authorities;
(17) To recommend advertisements (Konkurs) for teacher and priest, with the permission of the Diocesan authorities;
(18) To inspect the congregational school buildings as often as is possible to assure of the exterior and interior conditions, orderliness, cleanliness; to take care of the health conditions of the school children and to make sure of their good behaviour inside and outside of the school;
(19) To endeavour that the teaching personnel perform their duties and to give them assistance in all their duties especially in enforcing proper discipline among the school children;
(20) To take care that children learn to sing church songs, to be educated in the spirit of the Orthodox Faith and Serbian traditions and nationalism;
(21) To attend school examinations and celebrations and that good students be given deserving awards for their achieved success, that the school is well supplied with necessities and to take care about material needs, maintenance and improvements of school and education in general.
PRESIDENT OF THE CHURCH-SCHOOL CONGREGATION
Art. 119
The President of the Congregation is its lawful representative in front of the authorities, either civil or ecclesiastical. He receives and opens congregational correspondence, calls committee meetings, opens and closes them; maintains order and peace to them; proposes matters for discussion, puts them to a vote and announces results. He takes care that at all meetings during discussion, the agenda is strictly upheld.
The President has the right to admonish a speaker and if necessary to refuse the floor and to reproach any such speaker who departs from the subject of discussion or who speaks about matters irrelevant to the agenda; who does not conduct himself decently, insults established authorities or persons. In cases of grave disturbances or disorders shall recess the meeting, and if peace and order are not restored after that, he shall adjourn the meeting.
VICE PRESIDENT
Art. 120
The Vice-president shall substitute for President in all matters should the latter be unable to perform his presidential duties. In the event that the president is for whatever reasons, absent from the meeting that he has called, the vice-president shall chair the meeting and conclude the same. There shall be no complaint against such action.
SECRETARY
Art. 121
The Secretary keeps the Minutes of Committee meetings, as well as the Minutes of the Extraordinary General Meetings; he conducts all correspondence of the Church-school Congregation, which he countersigns with the President. He keeps a record of the activities, looks after the files and issues membership cards.
TREASURER
Art. 122
The treasurer, together with the churchwardens (tutori) and the Accountant, receives according to the inventory all the real estate and the financial property of the Church School Congregation, and handles the same in accordance with the instructions and decisions of the Executive Committee and the Diocesan authorities, in accordance with the Diocesan Constitution and the Church-school Congregations' Rules and By-laws. The Treasurer is obliged to keep a record of all the income and expenditure of the Church-school Congregation throughout the entire year. He receives money from the churchwardens (tutori) and other persons and deposits same in the Bank; pays the salaries to the Church-school Congregation's personnel as well as all the other Church-school obligations. The Treasurer and accountant have to submit a report every six months regarding the state of the treasury and Church-school Congregation's property.
ACCOUNTING OFFICER
Art. 123
The accounting officer is to keep the book of all income and expenditure; to receive membership fees, enter same into members' cards and into the book of income, and the money received hand over to the Treasurer. In general take care of membership, and if necessary send reminding letters to those who are overdue with their fees.
Art. 124
The duties of the churchwardens (tutora) are to be present regularly in church at all church services and ceremonies; to receive money in church. from the sale of candles and offerings and other contributions; to take care of all necessary items in. connection with the church and church rituals. The money received shall be handed over to the Treasurer every Sunday.
SUPERVISORY BOARD
Art. 125
The supervisory board is elected every year at the Annual General Meeting held. by the Church-school Congregation together with all the other Boards. It shall consist of three members and two substitutes. Should a member be absent, he shall be replaced by a substitute member. Should there be a necessity for voting on some matters, the decision is carried out by a simple majority: two to one.
Art. 126
The Supervisory Board examines the entire financial dealings of the Church-school Congregation Committee every six months and makes its report in writing. Besides the report to the Managing Committee the Supervisory Board shall after every examination during the year, record its findings in the Cash Book Ledger.
At the end of the year, the Supervisory Board shall substitute its annual report to the General Meeting in writing, with it’s remarks and suggestions, if there are any.
Art. 127
Should the Supervisory Board, while examining, establish a deliberate fraud or irregularities in financial dealings, it shall immediately make a written report to the Managing Committee with the request that necessary measures be taken for protection of the Church-school Congregation's property.
If, for whatever reasons, the Managing Committee does not take the necesssary measures, the Supervisory Board shall in that case immediately make a report to the Diocesan Council with the request for action to protect Church-school Congregation's property.
DISPUTE COMMITTEE (SUD CASTI)
Art. 128
The Dispute Committee is elected at the Regular Annual General Meeting together with all other committees. It consists of three members. It's work, authority, etc. shall be the same as per Art. 70-75 in this Constitution.
PARISH
Art. 129
The Serbian Orthodox Parish is a union of all Serbs who profess the Eastern Orthodox Faith, live in the same place or vicinity and have one and the same parochial church and within the spiritual boundaries belong to one and the same priest. Only one parish can exist in the territory of the said congregation.
Art. 130
Each Parish has its parish office, its separate vital statistics books and other prescribed parochial records and books, its own parochial seal with the image of the Church patron saint in the middle encircled with the following inscription: Free Serbian Orthodox Church in .........
Art. 131
The Parish seal is safeguarded by the parish priest, and all official records, correspondence and documents must be issued with that seal affixed.
The Church-school Congregation's seal, however, is handled by the president of the Church and his Committee.
HEAD PRIEST - HEAD OF PARISH, AND TEACHERS
Art. 132
The candidates for ordination in priestly order can be persons who have completed a theology school; who are of good behaviour and who all the qualities prescribed by the canons.
If it happened that there are no available persons with qualifications as specified above, the Bishop is hereby authorised in concurrence with the Ecclesiastical Court to ordain a person as priest with less qualification, provided the Bishop as well as the Ecclesiastical Court deem that such person shall be capable to carry on priest's duties. This can take place only if the demand dictates such action.
In order that the above-specified action is to some extent alleviated, the Bishop is hereby authorised, with the assistance of his priests, to prepare one or more candidates by educating them for priest's calling.
Art. 133
The parish priest is considered as such when he has regular, and permanent appointment and approval for the assigned parish by the Diocesan Bishop; he is the head of the parish and the parish church.
Art. 134
The parish priest either permanent or temporary, is appointed by the Diocesan Bishop, or he may be selected for parish priest by the respective Church-school Congregation, by advertisement and confirmed by the Diocesan Ecclesiastical Court.
The temporary parish priests are assigned to those parishes where circumstances demand and have a temporary character, i.e. the uncertainty that the Church-school Congregation could afford to keep a permanent priest, or where the Diocesan authorities, for justifiable reasons, do not wish to have a permanent priest appointed.
Art. 135
The post of parish priest may be vacated by:
(1) Death of the parish priest;
(2) Transfer on his request, by Ecclesiastical Court's decree or by call of duty;
(3) Loss of calling on the ground of valid sentence by the qualified Diocesan authorities;
(4) Regular resignation of position.
Art. 136
The vacant post of the parish priest is filled as soon as possible from date of vacancy by the publication of plenishment and confirmation by the Diocesan Bishop. On publication of plenishment, the candidates send their applications together with the original certificate of completed theology school and successfully completed theology examinations, i.e. with attached "singelia" - the gramata of ordination, to the Diocesan Bishop who examines the qualifications and approves those for election who have the necessary qualifications for same.
Art. 137
A priest is elected by the majority vote of the Church-school Congregation from the best candidates from anong those who have within the prescribed time submitted their petitions and certificates. The selected candidate has to be confirmed by the Bishop.
Art. 138
The Church-school congregation has no right to, without knowledge and approval of the Diocesan Bishop either to dismiss a priest or to bring another one.
Art. 139
The priest cannot resign his parochial cuties without the consent of his Diocesan Bishop and the knowledge of his Church-school Congregation. He can leave his parish post only with the approval of the Diocesan Bishop, and that is, after he has given a month's notice in advance and after he has surrendered the parochial office and church to the Church-school Congregation in the prescribed manner.
Art. 140
A priest is obliged before leaving the parish, to surrender in utmost accuracy to the Parish Committee, the statistical books, all other parish church books and articles which are the sole property of the Church-school Congregation.
Art.141
The parish priest in his work is under the direct control of his Diocesan Bishop who performs this control personally or through his Diocesan organs. Therefore he is exclusively responsible for all of his actions to his Diocesan and the Ecclesiastical Court.
Art.142
All grievances, accusations and questions in dispute by Church-school Congregation and individuals, against the parish priest, must be submitted to the Diocesan Bishop, who shall review the matter in question and resolve them within his own discretion and his designed rights, or submit to the Ecclesiastical Court or to the Diocesan Council, which shall depend on the particular characteristics of the accusations. The decision by either of the said organs shall be final.
Art.143
In cases of disputes between the priests and the teachers or teachers and Church-school Congregation, the subject shall, in the same way, be submitted to the Diocesan Bishop, namely, the Diocesan Council, whose decisions shall be considered as final.
Art.144
The parish priest must not perform any rituals in another parish without the consent of the priest of that parish or without the orders of the Diocesan Bishop, and this in exceptional cases only.
Art.145
The Church-school Congregation, however, must not permit any of its members or parishioners to wilfully bring in a priest from outside the parish to perform priestly services; not so in the church, in particular. Should any of the members or parishioners disregard this order, even after he has been forbidden to do so by the Church-school Committee, the Committee shall in accordance with Art. 91 of this Constitution be obliged to take all the necessary measures so that such a member or parishioner must be punished for transgression..
Art. 146
The parish priest can take leave only with the consent of the Church-school Congregation's Committee and the Diocesan Bishop. In his absence for one week only, he finds a substitute priest himself, a Serbian for preference. In cases of longer leave, he requests a substitute priest from his Bishop.
Art. 147
The Duties of the parish priest are:
(1) To perform all the Holy Sacraments and rituals in the Church as well as in the parish and always in strict accord with regulations and canons of our Orthodox Church and its rules;
(2) To teach his parishioners and youngsters of both sexes at all opportune times, the principles of Faith and Christian morals;
(3) To preach on every holiday and if possible to speak upon requests at public gatherings and socials;
(4) To keep church records of births, marriages and deaths and other prescribed parish books in accordance with the instructions of authorised Diocesan authorities;
(5) To issue excerpts from these books on official form and. with the affixed parish seal which as such have the validity of official documents;
(6) To endeavour, with parishioners, if there is no church or school in the parish, erect same within their financial limitations;
(7) To endeavour that the church and school interior, church utensils and the area around the church and school are kept clean and tidy
Art. 148,
The duties and functions of the priest include both the religious-moral as well as in the educational sphere, as long as a priest in Australia, by the force of circumstances, is compelled to perform both his priestly and instructive duties, simultaneously.
Art. 149
As a teacher, the priest is obliged to conduct his parochial school, holding lessons once or twice a week, teaching children religion, writing and reading, geography, history and church singing.
Art. 150
In those Church-school Congregations of more than 150 homes, the priest is not obliged to conduct complete teaching duties but only to teach religion and church singing to children two hours a week. Such Church-school congregations are required to obtain their own regular teachers.
Art. 151
Teachers are elected by Church-school Congregations by plenishment, the same way as priests and the election has to be approved by the Diocesan Council. As far as a vacancy of this post may be concerned, substitution, vacation or sick leave, the same regulations apply as in the case of priests.
Art. 152
A candidate for teacher can be a person who has completed a teaching or other recognised school, to be of a good conduct; Serbian of Orthodox Faith and has all the qualifications of an educated worker and pedagogue.
Art. 153
The relationship between the priest and teacher must be such as to serve as an example to all members of the Church-school Congregation and parishioners.
Art 154
All misunderstandings and disagreements which may arise between the priest and the teacher and which they themselves cannot solve, are subnitted to the Diocesan Bishop, i.e. to the Diocesan Council for consideration and decision.
Art. 155
The teachers will follow the teaching curriculum and use the text books and other instructive methods which the Diocesan Council prescribes by special rule.
Art. 156
The school work of the priest and the teacher is subject solely to the supervision of the educational supervisor or special representative from the Diocese but never by the Church-school congregation.
Art. 157
The Church-school Congregation is obliged to protect the honour and dignity of its priests and teachers and accordingly must not demand in their service work which would belittle and lower their dignity and before our people, - the Australians, New Zealanders or any other outsiders.
Art. 158
A priest must, at all times and on every occasion, with his personal family and public life, be a person of respect and render a good example to the community.
Art. 159
A priest, besides his regular wages determined by the contract with the Church-school Congregation Committee also receives special benefits for performing: marriages, baptisms, funeral services, memorial services (parastos), consecration of Patron Saints' Cakes, consecration of homes, issuing excerpts from the official and ledger books, etc.; all these details to be specified in the Minutes or included in the Contract with the priest.
Art. 160
The priest is obliged to conduct without compensation the following services and duties:
(1) Regular church rituals and services,
(2) Processions with evening services, carrying of the cross and blessing of the Holy water;
(3) Extraordinary general rituals - services; on general national festive days; general thanksgiving services and prayers at the beginning and termination of the school year; general thanksgiving services and prayers, which are ordered by the higher spiritual authorities time of epidemics or any other general necessity); memorial services to deserving deceased for the Fatherland; twice annually memorial services for all deceased as prescribed by the church;
(4) blessing of the water on the day of the Holy Cross and Theophany, in the church or in the river,
(5) Myrrh anointment, confession and Holy Communion.
Art. 161
The regular weekly and monthly wages or benefits to the priest is determined by the Church-school Congregation in mutual agreement and in agreement with Diocesan-Education Board.
Art. 162
The Church-school Congregation is obliged to place at the priest's disposal, a parish home which is furnished with heat, electricity and telephone. In the event that Church-school Congregation does not have an accommodation home, the question shall be regulated with the priest by contract.
Art. 163
In case of illness of the priest or teacher and the physician forbids them to leave their sick bed, the Church-school Congregation is obliged to pay their wages for one month, in which case the Diocesan Bishop names a substitute. The priest substitutes give all the additional income from the rites and sacraments to the Church-school Congregation of the ill priest. If the illness is prolonged for more than a month, the Church-school Congregation Committee stops their wages and informs Diocesan Bishop of the same i.e. Diocesan Council, who in turn decides the question of replacement.
Art. 164
In the event of the death of either priest or teacher, the Church-school Congregation cannot deprive his family from remaining in the parish home with furnished utilities for a period of one month.
TRUSTEES (POVERENICI)
Art. 165
The Diocesan Church-National Assembly, at its regular assembly shall elect three trustees, and all property of the Diocese, both real and personal, shall be vested in such Trustees on behalf of the Diocese. The Trustees shall, subject to directions and approval of the Diocesan Council, have power to purchase, sell, borrow, mortgage, lend-lease or otherwise deal with property on behalf of the Diocese and to do all things and execute all documents necessary to carry into effect the resolutions of the Diocesan Council relating to such property.
This Article applies only to the property not incorporated into the Property Trust - Free Serbian Orthodox Church Diocese for Australia and New Zealand under the Company Act of 1961.
PROPERTY AND FUNDS
Art. 166
Under the name of Diocesan Property, is understood that property owned by the Diocese. Under the name of Church, school Congregation's property, is understood that property owned by the Church-school Congregation.
Art. 167
The property of the Church-school Congregation in any particular State or locality, belongs exclusively to those Church-school Congregations, with the Diocese having no rights on proprietary claims whatsoever.
Art. 168
Accurate Inventories must be kept for all of the above-mentioned Property, composed by organs authorised to manage the same, a copy of which to be sent to Diocesan Council for safekeeping. At the end of each year the Inventories must be revised and brought up to date.
Art. 169
The said properties and their contributions shall serve solely for purposes designated, and they must not be used for, or on, anything else.
Art. 170
The real estate property must be registered with the land the Diocesan property in the name of the the Diocese, and the Church-school Congregation in the name of that particular church school Congregation.
Art. 171
All houses, churches and other buildings must be insured with a reliable insurance company, against thefts, damage, fire, etc.
Art. 172
The authorities who manage the properties must always keep the same in good and usable condition, and they shall be responsible for any damages which may be caused by their negligence or their faults and carelessness, and will be responsible by law and in accordance with the decision of the Diocesan Council.
Art. 173
The Church-school Congregation's properties are all those properties which the individual Church-school congregations have acquired, with their own material means. They serve for churches, schools, religious educational and humanitarian purposes of the said institutions.
Art. 174
The direct management over the properties belongs to the Church-school Congregations under supervision of the Diocesan Council.
DIOCESAN FUND
Art. 175
Under the heading of "Diocesan Fund" are all funds and assets which the Serbian people of the entire Diocese, individually or collectively through their Church-school congregations and other various societies and organisations should establish, contribute and dedicate to the mutual necessities of their church and school for the religious and educational aims of the entire Diocese. All the incomes from the Diocese properties and various Diocesans institutions belong to this Fund.
The Diocesan Funds are managed by the Diocesan Council, through its Financial Managing Board.
The Special Church-school Fund, dedicated exclusively to the School Educational purposes, shall be managed by the Religious-Education, Board with a separate treasury.
Art. 176
All Real Estate and personal property of Monasteries, when they are provided, shall be managed by the Monastery's Board under the direct supervision of the Diocesan Bishop.
Art. 177
The income of the Diocesan Fund will be obtained primarily through assessments and voluntary donations of all clergy, all true believers, Serbian Orthodox Congregations and organisations.
Art. 178
The Diocesan Council is entitled to open in the Diocese a supply store which will provide items for sale such as: religious and educational books, candles, incense and all other requirements for church and priests, and all the income to be duly entered into the Diocesan Fund.
Into the Diocesan Fund shall also be entered all other incomes derived from the Diocesan economy when the same is sufficiently developed to be able to do so.
SEPARATE FUNDS AND PLEDGES
Art. 179
Under the heading of Separate Funds are understood all those funds which in time, private individuals or the Diocesan Council itself could organise and dedicate to the separate religious and educational aims of the Diocese as a whole or for the individual Diocesan institutions and Church-school Congregation.
Under Pledges, are to be understood all private bequests which are entrusted to the Diocese for handling and with special designated purposes.
The Diocesan Council is obliged to prescribe a separate Rule for handling of same at its first meeting following the organisation of a separate Fund or receipt of a bequest.
All separate Funds and bequests serve exclusively for the purpose designated and are not to be used for any other purpose.
If the purpose for which the specific Fund or Bequest was established has discontinued to exist, the Diocesan Council shall propose to the Church-National Assembly that all these funds be used for other religious-educational aims.
All bequests are made by special Testaments in which detailed aims are outlined as well as the manner and usage of same. The Will is to be composed and submitted in triplicate, one copy of which remains with the benefactor, i.e. his or her, inheritors, one copy with organ handling the budget (executors) and one with the Diocesan Council.
FINAL TRANSITIONAL PROVISIONS
Art. 180
The Church-National Assembly brings out the Diocesan Budget, and in the same determines the level amount of salaries and all other benefits that belong to the Diocesan Bishop and His Vicar-Bishop (assisting Bishop), together with their rights on annual leave, sick leave, expenses for canonic and other official travelling expenses as well as all that goes with the same, bearing in mind the Australian and New Zealand Laws and By-laws.
Art. 181
The members of the Diocesan Council, as well as the Church-school Congregation Committee members, cannot be amongst themselves related up to the fourth degree of the canonic computation - either by blood or spiritually.
Art. 182
Wherever, by this Constitution, a special term has not been prescribed for submission of complaints on grievances against the Diocese or Church-school Congregation decisions, it is hereby specified that 15 days chall be taken as a lawful period of time for such submissions, which is in accordance with the general by-laws stipulated by this Constitution.
Art. 183
If and when, between some of the Diocesan Committees or Church-school Committees comes to misunderstandings about the authority or in the interpretations of certain legal provisions, the Matter Chall be submitted to the Diocesan Plenum, from Article 10 of this Constitution, whose decision shall be binding and final..
Art. 184
If at the regular Annual General Meeting of a Church-school Congregation, the departing managing Committee. does not receive an honorably discharge because of discovered irregularities or caused losses to the Church, the General Meeting will elect a new Managing Committee, which immediately takes over its duties and in order to safeguard Church interests, shall undertake the appropriate action against the departing Committee. In any case it shall make its report immediately to the Diocesan Bishop and the Diocesan Council, who shall take from then on, further measures. The Diocesan Council's decision on the matter shall be binding and final.
Art. 185
The Diocesan official newspaper is "Herald" (Vesnik). The Diocesan Council will ensure its publication by providing necessary Budget for the same bearing in mind submitted proposals by the responsible Editor.
Art. 186
The Editor of the "Herald" (Vesnik) and the Diocesan Council should be in contact and in agreement regarding reports and articles to be printed, not related to the purely religious aspects; those which have not been issued by the Diocesan Council or the Diocesan Secretariat; which articles, if printed, may, by their nature be controversial and thus have a damaging effect on the good name of the Diocese.
Art. 187
Every Church-school congregation of this Diocese, within two months from the date when this Constitution becomes effective and binding is due to adjust their Rules and By-laws and bring them into agreement with the provisions of this Constitution, and within the same period of time to submit same to the Diocesan Council for approval.
After the approval, in the interval of one month, every Church school Congregation is due to register its approval Rules with the competent State authorities, and report to the Diocesan Council that it has done so.
Art. 188
As soon as the Church-National Assembly passes this Constitution by the majority of votes it immediately becomes valid and effective. This will officially and publicly be announced on the spot by the President - Chairman, then, same shall be registered with the State and the country authorities.
SIGNATORIES
The Constitution has been passed unanimously by acclamation, this
THIRTIETH day of DECEMBER in the year of 1976, at the FIFTH DIOCESAN CHURCH NATIONAL ASSEMBLY in SYDNEY, in the State of NEW SOUTH WALES
Signatures by the entire Assembly Delegates and Presidium:
Bishop Irinej, guest of Honour from U.S.A
Right Reverend Bishop Dimitrie
