² The Windsor Report (Anglican Communion Office, London, 2004) was produced by the Lambeth Commission on Communion chaired by Archbishop Robin Eames. This quotation is from para 118. The text of the draft covenant appears as an appendix to the Report.Google ScholarPubMed

³ Doe, N ‘The Anglican Covenant Proposed by the Lambeth Commission’ (2005) 8 Ecc LJ 147.Google Scholar

⁴ Presidential Address to the Sixth Australian General Synod 24 August 1981 by The Most Revd Sir Loane, Marcus KBE, MA, DD Archbishop of Sydney and Primate. Proceedings Sixth General Synod Anglican Church of Australia 1981. (The General Synod Office, Sydney 1982).Google Scholar

⁵ The Australian States (New South Wales 1788, Tasmania 1825, Western Australian 1829, South Australia 1836, Victoria 1851, and Queensland 1859) existed as separate colonies of the United Kingdom before Federation in 1900. Law making power is shared between the Commonwealth and State and Territory Parliaments depending on the subject matter.Google Scholar

⁶ The text of the Constitution can be found on the General Synod website www.anglican.org.au/Google Scholar

⁷ Anglican Church of Australia Act 1980 (ACT); Anglican Church of Australia Act 1976 (NT); Anglican Church of Australia Constitution Act 1961 (NSW); Anglican Church of Australia Constitution Act 1961 (Qld); Anglican Church of Australia Constitution Act 1961 (SA); Anglican Church of Australia Constitution Act 1977 (Tas); Anglican Church of Australia Constitution Act 1985 (Vic); Anglican Church of Australia Constitution Act 1960 (WA).Google Scholar

⁸ Primate Canon 1985–2004. Unlike Canada or the United States of America the Australian Primate is not full-time. So far only bishops of metropolitan sees have been elected: Gough (Sydney), Woods (Melbourne), Loane (Sydney), Grindrod (Brisbane), Rayner (Melbourne), Carnley (Perth) and Aspinall (Brisbane). Before the 1961 constitutional arrangements, WG Broughton (1836–1853) was styled Bishop of Australia and from 1847 Bishop of Sydney and Metropolitan of Australia. His successor, F Barker (1854–1882) was styled Metropolitan of Australia and from 1872, Primate. Thereafter, the Bishop of Sydney, (styled Archbishop from 1897), Barry, Saumarez-Smith, Wright, Mowll and Gough with one exception, was Primate. That exception was Le Fanu of Perth, Primate 1935–1947.Google Scholar

⁹ For example: the Defence Force Ministry Canon 1985–2001 where the Primate can issue a Licence for a Defence Force chaplain or appoint, with the approval of a majority of the Metropolitans, a bishop to the Defence Force. Not all dioceses have adopted the canon. In those dioceses the chaplain must have the licence of the diocesan to function. Even where the canon has been adopted, some diocesans endorse the Primate's licence or issue a parallel licence.Google Scholar

¹⁰ The Windsor Report, n 79.Google Scholar

¹¹ Section 67 sets out how the Constitution can be changed. There are 23 dioceses in Australia. Metropolitan sees are Brisbane, Sydney, Melbourne, Adelaide and Perth.Google Scholar

¹² Contrast this with General Synod where a canon is passed by the votes of members. The Primate has no assent to give or withhold.Google Scholar

¹³ The Windsor Report, Para 157.Google Scholar

¹⁴ Clause 1 of the canon sets out various offences including: Conduct, whenever occurring, (a) which would be disgraceful if committed by a member of the clergy, and (b) which at the time the charge is preferred is productive, or if known publicly would be productive, of scandal or evil report. In addition a bishop may be charged with violation of the Constitution or of the canons or ordinances of his synod, (clause 2).Google Scholar

¹⁵ Armidale, Bathurst, Canberra/Goulburn, Grafton, Newcastle, Riverina and the Metropolitical See, Sydney.Google Scholar

¹⁶ In Scandrett v Dowling 27 NSWLR 483 the New South Wales Court of Appeal refused to grant an injunction to restrain the Bishop of Canberra/Goulburn from ordaining women as priests without an authorising canon from General Synod. The court held that the Constitution of the ACA in force in the State of New South Wales was binding in conscience only and not justiciable in a civil court unless a matter concerned church property. The leading High Court of Australia case of Cameron v Hogan 51 CLR 358 was applied. In that case the Premier of Victoria (Hogan) had been expelled from the state branch of the Australian Labor Party. As Hogan had no proprietary interest in the property of the association the High Court held that he had no entitlement to a declaration or injunction in respect of his expulsion. Further the rules of the association did not act as an enforceable contract between members. See also Wylde v Attorney-General (NSW) 78 CLR 224.Google Scholar

¹⁷ See Davis, JAustralian Anglicans and their Constitution. (Acorn Press, Canberra, 1993);Google ScholarKaye, BNAnglicanism in Australia (Melbourne University Press 2002).Google Scholar

¹⁸ General Synod website search ‘church attendance’ or see www.anglican.org.au and search ‘church attendance’.Google Scholar

¹⁹ See for example, Letter from Australia by Bishop David Chislett in New Directions December 2004 and essay by Archbishop Peter Jensen ‘The Archbishop of Canterbury: Accountability and Unity’ in The Faith Once For All Delivered see n 1.Google Scholar

²⁰ See Carnley, P F, Reflections in Glass: trends and tensions in the contemporary Anglican Church (Harper Collins, Sydney, 2003) and Colloquium on Subordinationism and the Doctrine of the Trinity especially essay by the Revd Dr Peter Adam, 20 August 2004. Trinity College Melbourne, www.trinity.unimelb.edu.au/. See also St Mark's Review vol 1 2005.Google Scholar

²¹ Anglican Church of Australia Constitutions Act 1902 (NSW) s 4; Anglican Church of Australia Constitution Act 1961 (NSW) s 2.Google Scholar

²² The Windsor Report, para 118.Google Scholar

²³ See the proposed Anglican Covenant Article 27: Interpretation and Periodic Review. The Archbishop of Canterbury shall decide all questions of interpretation of this Covenanthellip the decision of the Archbishop shall be regarded as authoritative in the Communion.Google Scholar

²⁴ In 1958 only diocesans were invited; some assistant bishops were invited in 1968; in 1978 the ACC Standing Committee were included; in 1988 and 1998 the whole ACC and all active bishops were invited.Google Scholar

²⁵ Fisher, (Archbishop 1945–1961) did not invite Bishop Fred Morris to Lambeth 1958. Morris had been consecrated in 1943 in St Paul's Cathedral by Temple as Bishop of North Africa. When Morris retired in 1955 he was elected bishop of the Church of England in South Africa.Google Scholar

²⁶ See Carey, G, Know the Truth (HarperCollins, 2004), p 328.Google Scholar