Property Justice for Church Congregations
Rev Dr Gordon Moyes seeks to move amendments to the Uniting Church in Australia Act 1977 (NSW) (1), through a private members’ bill, in the 2006 Budget Session. These amendments aim to ensure property justice for NSW congregations that intend to disaffiliate from the Uniting Church in Australia (UCA).
It has become apparent to many members and congregations of the UCA that an agenda that is at odds with some of the fundamental teachings of the Bible has been exercised/promoted through the UCA Assembly. One example of this is Resolution 84 (RU 84) of the UCA, which calls for “members of the Church to seek to live together in peace as people of faith, notwithstanding differing views in the matter of same sex relationships” (2). Though Christ calls for us to love one another, it is clear that the Biblical standard for sexual relationships is heterosexual and not homosexual in nature. Further, RU 84 provides scope for Presbyteries to appoint homosexual individuals to the ministry. Many members and congregations within the UCA have expressed dissatisfaction with the national Assembly’s decisions with respect to sexuality and leadership. UCA congregations have urged the UCA Assembly to act in accordance with fundamental teachings in the Bible, especially in the areas noted. The UCA Assembly has refused to reconsider its position on sexuality and leadership.
Discontent and dissatisfaction with the state of affairs within the UCA has arguably led to a progressive exodus of members and congregations from the UCA. Research indicates that over 6500 attendees have left and 109 congregations have experienced splits with an average loss of 50 people. There have been 41 new congregations formed outside the UCA (3). It is clear from speaking to disaffiliated members and congregations that many years of hard work and dedication have gone towards establishing and maintaining church buildings. Under the current legislative arrangement, all church property is vested under the Uniting Church in Australia Property Trust (NSW) (4). Thus, unless the current statutory state of play is changed, all members and congregations that disaffiliate from the UCA will be left with no property.
Organisations such as the Reforming Alliance (RA) and the Evangelical Members of the Uniting Church (EMU) have lobbied the UCA on this issue. However, the official response has not only denied the existence of the exodus from the UCA but has also indicated that the UCA would be legally unable to carry out property justice for these members and congregations (5). Back when the original UCA Act was formulated, Methodists, Congregationalists and Presbyterians never envisaged that they might want their properties back because, as Rev Dr Moyes has indicated “that it was felt the proposed basis of union for the Uniting Church would be adhered to and there would never be dissatisfaction … When the Uniting Church came into being, the courts decided that certain churches, schools and hospitals should either belong to the new Uniting Church or one of the continuing churches … Now a quarter of a century has passed and (that situation) needs to be reviewed”.
In light of this, Rev Dr Moyes will be sponsoring the Uniting Church in Australia (Property Justice) Amendment Bill. The bill will provide a framework for disaffiliated congregations to access property, that they have invested in, that would otherwise be held by the UCA.
A campaign to launch an activist kit on the bill will be launched on Sunday, 19 February 2006 at Wesley Mission Headquarters, 220 Pitt Street, Sydney (opp. The Hilton Hotel) between 2pm and 4pm.
A petition supporting Rev Dr Moyes’ private members’ bill will be placed on this website on the day of the launch of the campaign.
The terms of the draft bill are currently in the process of being formulated.
To read the media release from the Evangelical Members of the Uniting Church click here.
For further information please contact Linda Munoz on (02) 9230 3341 or linda.munoz@parliament.nsw.gov.au .
—————————————————————————
(1) Uniting Church in Australia Act (1977) NSW
URL: http://www.legislation.nsw.gov.au, currency not stated (10 January 2006)
(2) Uniting Church in Australia ‘Amended version of Resolution 84 – Extract from unconfirmed Minutes of the UCA Tenth Assembly, Melbourne, 17th July 2003 – Clause 2(ii)’. URL: http://fou.uniting.com.au/prop84.html, As at 24 August 2003 (10 January 2006)
(3) ‘Property justice please’ 48 New Life 26, p 1.
(4) Part 4 (ss.20-24) Uniting Church in Australia Act (1977) NSW
URL: http://www.legislation.nsw.gov.au, currency not stated (10 January 2006)
(5) Rev Steve Estherby for Evangelical Members within the Uniting Church in Australia (EMU) ‘Uniting Church Members Seek Legislative Reform’, Press Release 10 November 2005. URL: http://www.emu.asn.au, (10 January 2006)
