constitution...page 1 constitution date: 2nd november 2015 1. name of church the name of the church...

Constitution

Lake Gwelup Christian Church Inc.

Lake Gwelup Christian Church

page i

Table of Contents

1. Name of Church ........................................................................................................ 1

2. Definitions ................................................................................................................. 1

3. Construction .............................................................................................................. 2

4. Objects ...................................................................................................................... 3

5. Not for Profit .............................................................................................................. 3

6. Powers of the Church ................................................................................................ 3

7. Membership of the Church ........................................................................................ 3

8. Voting Rights of Members of Church ......................................................................... 5

9. Resignation, Disciplining of Members ........................................................................ 5

10. General Meetings ...................................................................................................... 6

11. Proceedings at General Meetings .............................................................................. 8

12. Church Governance and Administration .................................................................. 10

13. Election of Elected Elders ........................................................................................ 16

14. Termination of Eldership .......................................................................................... 18

15. Appointment of Pastoral Staff .................................................................................. 18

16. Termination of Pastoral Staff’s appointment ............................................................ 19

17. Finance ................................................................................................................... 19

18. Amendment to Constitution ..................................................................................... 20

19. Custody and Inspection of Records, etc. of Church ................................................. 20

20. Common Seal .......................................................................................................... 20

21. Winding Up of Church ............................................................................................. 21

22. Indemnity ................................................................................................................. 21

Appendix 1: Statement of Beliefs………………………………………………………………….24

Constitution Date: 2nd November 2015

1. Name of Church

The name of the Church is Lake Gwelup Christian Church Inc., which is incorporated under the Act. For the purposes of this Constitution, Lake Gwelup Christian Church Inc. is hereinafter referred to as "the Church".

2. Definitions

In this Constitution, unless the contrary intention appears:

Act means the Associations Incorporation Act 1987 (WA).

Annual General Meeting has the meaning given to it in clause 10.1(a)(ii).

Associate Member means a non-voting Member of the Church as set out under clause 7.2.

By Laws means the collection of policies, procedures and protocols as determined from time to time by the Board of Elders.

Board of Elders means the governing body of the Church, set out under clause 12.1.

Church means the Lake Gwelup Christian Church Inc.

Church of Christ means a church affiliated with the Churches of Christ in Western Australia Incorporated.

Elder means a member of the Board of Elders.

Elected Elder means an Elder elected under clause 13 or appointed under clause 12.1.8.

Executive Officer means a member of the Church appointed by the Board of Elders to minute and advise on meeting procedure at General Meetings and Board of Elder meetings.

Financial Year means the year ending on 30 June.

General Meeting means a meeting of the Members for the purpose of conducting the business of the Church and includes an Annual General Meeting and a Special General Meeting.

Management Committee means a group established to oversee the practical day to day administration of the Church under a terms of reference set by the Board of Elders.

Member means a Member of the Church and includes Associate Members.

Membership and Nominations Committee means the group established by Board of Elders to bring forward nominations of Members for election to the Board of Elders and to consider and determine applications for membership to the Church.

Membership Register means the register of Members of the Church kept and maintained by the Senior Pastor in accordance with clause 7.4.

Ministry Leader means a member of the ministry as described in clause 12.3.

Ordinary Resolution means any resolution other than a Special Resolution.

Pastor means an endorsed (or in the process towards endorsement) member of staff in a ministry role.

Prejudicial Interest means a personal interest in any business of the Church where the interest is one which a reasonable person with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice an individual’s judgement of the Church’s interest.

Returning Officer means a Member responsible for the conduct of formal voting at General Meetings.

Senior Pastor means an endorsed member of staff in a ministry role, appointed in accordance with clause 15.

Special General Meeting has the meaning given to it in clause 10.1(a)(i).

Special Resolution includes a resolution required for the alteration of this Constitution, voluntary winding-up and distribution of assets. To be passed, it requires a majority of not less than 75% of the members that are entitled to vote who are present and voting at a general meeting of which prior written notice of the special resolution has been given.

Treasurer means a member of the Church appointed by the Board of Elders to administer or manage the financial assets and liabilities of the Church.

Working Group means a group established for a specific period of time to investigate, consult, develop options and propose recommendations for decision and report to the Board of Elders on any matter as required by the Board of Elders.

3. Construction

3.1 Words or expressions contained in this Constitution shall be interpreted in accordance with the provisions of the Interpretation Act 1984 (WA) and the Act as in force from time to time.

3.2 In this Constitution unless the context otherwise requires:

(a) words importing the singular include the plural and vice versa;

(b) words importing any gender include the other gender;

(c) a reference to a statute, ordinance, code or other law includes regulations and other statutory instruments under it and consolidations, amendments, re-enactments or replacements of any of them (whether of the same or any other legislative authority having jurisdiction);

(d) references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes telex and facsimile transmission;

(e) if a word or phrase is defined cognate words and phrases have corresponding definitions; and

(f) reference to a month and cognate terms means a period commencing on any day of a calendar month and ending on the corresponding day in the next succeeding calendar month but if a corresponding day does not occur in the next succeeding calendar month the period shall end on the last day of the next succeeding calendar month.

4. Objects

The objects of the Church are to do all things related to the promotion and expression of the Christian Faith to bring people into a life-changing relationship with Jesus Christ.

5. Not for Profit

The property and income of the Church shall be applied solely towards the promotion of the Objects of the Church and no part of that property or income may be paid or otherwise distributed, directly or indirectly, to Members, except in good faith in the promotion of those Objects.

6. Powers of the Church

(a) The Church has, in addition to the powers conferred elsewhere in this Constitution, power to:

(i) acquire, hold, deal with, and dispose of any real or personal property;

(ii) open and operate bank accounts;

(iii) invest its money —

A. as trust funds may be invested under Part III of the Trustees Act 1962; or

B. in any other manner authorised by the rules of the Church; and

(iv) borrow money upon such terms and conditions as the Board of Elders thinks fit;

(v) give such security for the discharge of liabilities incurred by the Church as the Board of Elders thinks fit;

(vi) appoint agents to transact any business of the Church on its behalf; and

(vii) enter into any other contract it considers necessary or desirable.

7. Membership of the Church

7.1 Qualification for Membership

(a) Membership of the Church is open to any persons who have attained the age of 18, have openly confessed their faith in the Lord Jesus Christ and have been baptised by immersion, as is the practise of this church, or baptised according to the practise of another Christian church.

(b) Membership may be offered to any person who can show the Membership and Nominations Committee that they:

(i) are an active participant in the life of the Church;

(ii) accept the Church’s Statement of Beliefs (Appendix 1).

(iii) are pursuing a Christ-like life as shown in the Bible;

(iv) support the aims and objectives of the Church as expressed in the New Testament;

(c) The Membership and Nominations Committee shall consider and determine all written applications for membership within one (1) month of receiving an application, which will include interviewing the applicant.

7.2 Qualification for Associate Membership

(a) Where the Membership and Nominations Committee determines that a Member no longer meets the requirements for membership as defined in clause 7.1(b)(i), that Member will become an Associate Member of the Church.

(b) Associate Members have the rights, entitlements and responsibilities of Members conferred under the Church’s Constitution except that they are ineligible to vote at any meeting of the Church.

(c) Where a person who is an Associate Member of the Church is able to demonstrate that they satisfy the requirements for membership as defined in clause 7.1(b)(i), the Membership and Nominations Committee may reinstate them as a voting Member of the Church.

7.3 Membership Fees / Contributions

(a) There shall be no membership fee or annual subscription fee.

(b) Members and regular worshippers are encouraged to contribute financially to the ministry of the Church as an expression of their stewardship.

7.4 Membership Register

(a) The Senior Pastor shall keep and maintain a Membership Register.

(b) A revision of the Membership Register shall be undertaken at least annually and shall be the responsibility of the Membership and Nominations Committee. Members who are no longer considered to be a Member under clause 9.1 shall be removed from the Membership Register.

(c) Where a Member fails to comply with the ongoing qualification requirements under clause 7.1(b)(ii) – (iv), a Pastor or a representative of the Membership and Nominations Committee is to contact the Member to clarify their positon in relation to these requirements and seek to resolve any qualification requirements that are not being met. The Member will be advised that if these matters cannot be resolved, the Membership and Nominations Committee may determine that their name is removed from the Membership Register under clause 7.4(b).

(d) If, in the opinion of the Membership and Nominations Committee, it is impracticable to contact a Member under clause 7.4(c), that Member’s name may be removed from the Membership Register without being contacted.

(e) Members that have become Associate Members pursuant to clause 7.2(a) will be listed on the Membership Register as Associate Members.

(f) Revisions to the Membership Register are to be ratified by the Board of Elders.

8. Voting Rights of Members of Church

8.1 Voting Rights

(a) Subject to this Constitution, each Member who has attained the age of 18 and is present in person or by proxy at a General Meeting is entitled to a deliberative vote.

(b) A suspended Member or an Associate Member is not entitled to vote at General Meetings.

(c) The Senior Pastor and any associate Pastors are not entitled to vote at General Meetings.

8.2 Voting by proxy

A Member who is entitled to vote (in this rule called the Appointing Member) may appoint in writing another Member who is a natural person to be the proxy of the Appointing Member and to attend and vote on behalf of the Appointing Member at any General Meeting.

9. Resignation, Disciplining of Members

9.1 Cessation of Membership

A Member shall cease to be a Member of the Church:

(a) upon delivery of a notice in writing of their resignation to the Church addressed to the Board of Elders;

(b) upon the death of the Member;

(c) upon the occurrence of an event referred to in clause 7.4(c); or

(d) upon the occurrence of an event referred to in clause 9.2.

9.2 Disciplining of Members of the Church

(a) All cases of Member misconduct shall be dealt with by the Board of Elders in a manner which is most consistent with the Biblical principles set out in Matthew 18:15-20, 2 Corinthians 13:1, Titus 3:9-11 and 1 Timothy 5:19-20. The Board of Elders shall be the final authority in all matters of discipline.

(b) Members of the Church may be disqualified from Membership if the Board of Elders decides that such action is warranted under Biblical principles.

(c) Members of the Church may be suspended from Membership pending the outcome of an investigation of misconduct if the Board of Elders decides that such action is warranted.

(d) The Board of Elders is required to notify a Member in writing if they have been suspended or disqualified from Membership.

(e) Any person disqualified from Membership to the Church may appeal that decision by lodging an appeal in writing to the Board of Elders within two (2) weeks of being notified of such a decision.

(f) The Board of Elders must consider the appeal and provide the appellant an opportunity to present their case within two (2) weeks of receipt of the appeal. The Board of Elders must then advise the appellant of the outcome of the appeal within two (2) weeks of its decision.

(g) Any person disqualified from Membership to the Church may seek advice and assistance from the office of the Association of Churches of Christ in W.A.

(h) Any member who is disqualified from membership to the Church is to be actively encouraged, supported and counselled under the direction of the Board of Elders with a view to restoration.

10. General Meetings

10.1 Annual General Meetings and Special General Meetings

(a) The Board of Elders:

(i) may at any time convene a Special General Meeting;

(ii) shall convene Annual General Meetings within the time limits provided for the holding of Annual General Meetings by section 23 of the Act; and

(iii) shall, within 30 days of receiving a request in writing to do so from not less than 20% of Members, convene a Special General Meeting for the purpose specified in that request.

(b) The Members making a request referred to in clause 10.1(a)(iii) shall:

(i) state in that request the purpose for which the Special General Meeting concerned is required; and

(ii) sign that request.

10.2 Members May Convene Special General Meeting

(a) If a Special General Meeting is not convened within the relevant period of 30 days referred to in clause 10.1(a)(iii), the Members who made the request concerned may themselves convene a Special General Meeting as if they were the Board of Elders.

(b) When a Special General Meeting is convened under clause 10.2(a):

(i) the Board of Elders shall ensure that the Members convening the Special General Meeting are supplied free of charge with contact details of all Members; and

(ii) the Church shall pay the reasonable expenses of convening and holding the Special General Meeting.

10.3 Members May Raise Business

(a) If any Member wishes to raise any business at a General Meeting, notice of that business must be given to the Board of Elders at least 30 days prior to the General Meeting at which they wish the business to be raised.

(b) A notice of Member’s business must:

(i) be in writing;

(ii) set out the nature of the business the Members wish to be raised; and

(iii) be signed by the Members wishing to raise the business.

(c) If the Board of Elders is given notice of business that Members wish to raise in accordance with clauses 10.3(b) and 10.3(b), and in its discretion it considers the business to be valid, the Senior Pastor is to include that business in the notice calling the relevant General Meeting.

10.4 Notice of Meetings

(a) The Senior Pastor shall publicise the date of a General Meeting (excluding a Special General Meeting) not less than 45 days prior to that meeting. The announcement of the meeting date shall include a call for members who wish to raise business to submit such business according to Clauses 10.3.

(b) The Senior Pastor shall give to all Members not less than:

(i) 14 days notice of a General Meeting and of any motions to be moved at the General Meeting.

(ii) 21 days notice of a General Meeting at which a Special Resolution is to be proposed and of any other motions to be moved at that General Meeting.

(c) A notice given under this clause shall specify:

(i) when and where the General Meeting concerned is to be held; and

(ii) particulars of the business to be transacted at the General Meeting concerned and of the order in which that business is to be transacted.

(d) Notice is deemed to have been given under this clauses by:

(i) serving it on a Member personally; or

(ii) sending it by post or email to a Member at the address of the Member appearing in the Membership Register kept and maintained under clause 7.4.

(e) When a notice is sent by post under clause 10.4(d)(ii), sending of the notice shall be deemed to be properly effected if the notice is sufficiently addressed and posted to the Member concerned by ordinary prepaid mail.

10.5 Annual General Meetings

In the case of an Annual General Meeting, the order in which business is to be transacted is:

(a) first, to confirm the minutes of the previous Annual General Meeting and of any General Meetings held since that meeting;

(b) second, the consideration of the financial accounts and reports of the Board of Elders, Senior Pastor and other ministry leaders;

(c) third, any other business requiring consideration by the Church in a General Meeting;

(d) fourth, the reporting of election results of Elders to replace any outgoing Elders;

(e) fifth, the appointment of an auditor; and

(f) sixth, any special business of which notice is given in accordance with this Constitution.

11. Proceedings at General Meetings

11.1 Quorum

(a) At a General Meeting, a quorum will be constituted if more than 50% of Members are present in person.

(b) If within 30 minutes after the time specified for the holding of a General Meeting in a notice given under clause 10.2 or 10.4:

(i) as a result of a request or notice referred to in clause 10.1(a)(iii) or as a result of action taken under clause 10.2 a quorum is not present, the General Meeting lapses; or

(ii) otherwise than as a result of a request, notice or action referred to above, the General Meeting stands adjourned to the same time on the same day in the following week and to the same venue.

(c) If within 30 minutes of the time appointed by clause 11.1(b)(ii) for the resumption of an adjourned General Meeting a quorum is not present, the Members who are present in person or by proxy may nevertheless proceed with the business of that General Meeting as if a quorum were present.

11.2 Adjourning Meetings

(a) The Chairperson may, with the consent of a General Meeting at which a quorum is present, and shall, if so directed by such a General Meeting, adjourn that General Meeting from time to time and from place to place.

(b) There shall not be transacted at an adjourned General Meeting any business other than business left unfinished or on the agenda at the time when the General Meeting was adjourned.

(c) When a General Meeting is adjourned for a period of 30 days or more, the Senior Pastor shall give notice under clause 10.4 of the adjourned General Meeting as if the General Meeting were a fresh General Meeting.

11.3 Chairperson

(a) The Chairperson of the Board of Elders shall be the Chairperson of all General Meetings, unless the Board of Elders appoints some other person.

(b) The Chairperson may in relation to issue under discussion, declare that rules of debate shall apply, as developed from time to time.

11.4 Voting

(a) Voting on all questions shall be in the first instance by a show of hands of those Members present, except where an election is being conducted for an Elected Elder, which requires a secret ballot.

(b) At a General Meeting:

(i) an Ordinary Resolution put to the vote shall be decided by a majority of votes cast in person or by proxy by those Members entitled to vote under this Constitution; and

(ii) a Special Resolution put to the vote shall be decided in accordance with section 24 of the Act.

(c) The Chairperson shall have only one (1) vote.

(d) In the case of equal voting, the question shall be resolved in the negative.

11.5 Declaration of Resolution

A declaration by the Chairperson at a General Meeting that a resolution has been passed as a resolution thereat shall be evidence of that fact unless, during the General Meeting at which the resolution is submitted, a poll is demanded in accordance with clause 11.6.

11.6 Poll

(a) At a General Meeting, a poll may be demanded by the Chairperson or by three (3) or more Members present in person or by proxy and, if so demanded, shall be taken in such manner as the Chairperson directs.

(b) If a poll is demanded and taken under this clause in respect of a resolution, a declaration by the Chairperson of the result of the poll is evidence of the matter so declared.

(c) A poll demanded under this clause on the election of a person to preside over a General Meeting or on the question of an adjournment shall be taken forthwith on that demand being made.

11.7 Minutes of Meeting of Church

(a) The Executive Officer shall cause proper minutes of all proceedings of all General Meetings and Board of Elders meetings to be taken and then to be entered within 30 days after the holding of each General Meeting or Board of Elders meeting, as the case requires, in a minute file kept for that purpose.

(b) The Chairperson shall ensure that the minutes taken of a General Meeting or Board of Elders meeting under this clause are checked and signed as correct by the Chairperson of the General Meeting or Board of Elders meeting to which those

minutes relate or of the next succeeding General Meeting or Board of Elders meeting, as the case requires.

(c) When minutes have been entered and signed as correct under this rule, they shall, until the contrary is proved, be evidence that:

(i) the General Meeting or Board of Elders meeting to which they relate (in this clause called the Meeting) was duly convened and held;

(ii) all proceedings recorded as having taken place at the Meeting did in fact take place thereat; and

(iii) all appointments or elections purporting to have been made at the Meeting have been validly made.

12. Church Governance and Administration

12.1 Board of Elders

12.1.1 Responsibility and Powers

(a) The Board of Elders shall have responsibility for the governance of the Church as distinct from the management of the Church.

(b) The Board of Elders takes the Bible as its only rule of faith and practice and Christ Crucified as its only creed. All decisions taken in regards to faith, practice, governance and the spiritual oversight of the Church are always to be in accordance with Biblical teachings.

(c) Specific responsibilities of the Board of Elders will include:

(i) determining the mission, vision and values of the Church;

(ii) stewardship of spiritual values in accordance with biblical principles;

(iii) engaging in strategic planning;

(iv) employing pastoral staff in accordance with clause 15;

(v) legal compliance;

(vi) fiscal accountability;

(vii) public image and relationships with others;

(viii) producing written governing policies;

(ix) encouraging and developing potential Elders so that the future leadership of the Church is assured;

(x) delegating implementation of goals;

(xi) monitoring achievement of goals;

(xii) ratifying staff appointments on recommendation of the Senior Pastor; and

(xiii) establishing Working Groups and reference groups as required from time to time;

(d) The Board of Elders shall have responsibility for, and control over, all Church funds, real property and assets;

(e) The Board of Elders is empowered to make and enforce By-Laws deemed necessary for the conduct of the Church;

(f) The Board of Elders shall appoint an Executive Officer;

(g) The Board of Elders shall appoint a Returning Officer for all matters requiring formal voting in General Meetings; and

(h) The Board of Elders may, without limit to the foregoing and subject to the Constitution and the Act, exercise all such powers and functions as may be exercised by the Church other than those powers and functions that are required by these rules to be exercised by Members in General Meetings.

12.1.2 Composition of the Board of Elders

(a) The Board of Elders shall consist of the following members:

(i) Elected Elders (up to 7);

(ii) Senior Pastor (1); and

(iii) Co-opted Elders (from time to time)

(b) There must be no less than three (3) Elected Elders on the Board of Elders at all times.

12.1.3 Chairperson

(a) The Board of Elders at its first meeting after each Annual General Meeting shall elect a Chairperson who shall preside until:

(i) the end of the next Annual General Meeting;

(ii) they resign by notice in writing delivered to a member of the Board of Elders;

(iii) they cease to be an Elder; or

(iv) the Board of Elders elects an alternative Chairperson, which the Board may do at any Board of Elders meeting,

whichever occurs first.

(b) Subject to clause 12.1.3(a), the Chairperson shall preside at all General Meetings and Board of Elders meetings.

(c) In the event of the absence of the Chairperson from a meeting, the Board of Elders will appoint a Chairperson to chair the meeting.

12.1.4 Treasurer

(a) The Board of Elders shall appoint a Treasurer to oversee the financial requirements of the Church.

(b) The Treasurer must be a Member and, as such, be entitled to vote at General Meetings, however, shall not be entitled to vote at Board of Elders meetings.

(c) The Treasurer will function as a member of the Management Committee according to Clause 12.4.

(d) The Treasurer shall be responsible for:

(i) complying on behalf of the Church with sections 25 and 26 of the Act in respect of accounting records of the Association;

(ii) the receipt of all monies paid to or received by, or by him on behalf of, the Church and shall issue receipts for those monies in the name of the Church;

(iii) paying all moneys referred to in paragraph 12.1.4(d)(ii) into such account or accounts of the Church as the Board of Elders may from time to time direct;

(iv) making payments from the funds of the Church with the authority of a General Meeting or of the Board of Elders and in so doing ensure that all transactions are authorised by two (2) persons;

(v) whenever directed to do so by the Chairperson, submitting to the Board of Elders a report, balance sheet or financial statement in accordance with that direction.

12.1.5 Co-opted Elders

(a) The Board of Elders has the power to co-opt members to the Board of Elders, as required, for a term which does not extend beyond the date of the next Annual General Meeting.

(b) Co-opted Elders must meet the same requirements of an Elected Elder pursuant to clause 13.1.

(c) At all times, the number of Co-opted Elders must be less than the number of Elected Elders.

12.1.6 Executive Officer

(a) The Board of Elders shall appoint an Executive Officer to take minutes at all General Meetings and Board of Elders Meeting.

(b) The Executive Officer must be a Member and, as such, be entitled to vote at General Meetings, however, shall not be entitled to vote at Board of Elders meetings.

(c) The Executive Officer must be bound to confidentially on all matters discussed at any meeting of the Board of Elders. The Executive Officer may be excluded from confidential discussions as required at the discretion of the Elders.

12.1.7 Term of Office for Elected Elders

(a) Elected Elders of the Board of Elders shall be elected for a term of three (3) years with, as near as practicable, one third (1/3) of the number retiring annually.

(b) After the initial term, Elected Elders may be re-elected for a successive term. Following a successive term, an Elected Elder will not be eligible for further re-election until a period of one (1) year has elapsed.

12.1.8 Casual Vacancies in Membership of Board of Elected Elders

(a) A casual vacancy occurs in the office of an Elected Elder and that office becomes vacant if the Elder:

(i) dies;

(ii) resigns by notice in writing delivered to the Chairperson or, if the Elder is the Chairperson, to another member of the Board of Elders;

(iii) is convicted of an offence under the Act;

(iv) is permanently incapacitated by mental or physical ill-health;

(v) is absent from more than:

A. 3 consecutive Board of Elders meetings, without tendering an apology to the person presiding at each of those meetings; or

B. 3 Board of Elders meetings in the same financial year, without tendering an apology to the person presiding at each of those meetings; or

(vi) ceases to be a Member of the Church.

(b) In the event of a casual vacancy occurring on the Board of Elders under clause 12.1.8(a) or 13.4(c), the Board may appoint a Member to fill the vacancy and the Member so appointed shall hold office, subject to this Constitution, until the conclusion of the Annual General Meeting next following the date of appointment.

(c) A Member appointed under this clause must meet the requirements of an Elder pursuant to clause 13.1.

12.1.9 Meetings

(a) The Board of Elders shall meet as regularly as required for business, prayer and fellowship.

(b) There will be a minimum of six (6) business meetings in a calendar year. The Chairperson may at any time convene a meeting of the Board of Elders.

(c) Subject to these rules, the procedure and order of business to be followed at a Board of Elders meeting shall be determined by the Elders present at the meeting.

(d) The quorum for any Board of Elders meeting shall be greater than 50% of any of the Senior Pastor and Elected Elders.

(e) No business shall be transacted unless a quorum is present and if within half an hour of the time appointed for the meeting a quorum is not present, the meeting shall

(i) stand adjourned to the same place and at the same hour of the same day in the following week; or

(ii) stand adjourned to a place, hour and day as determined by the Chairman of the Board of Elders

(f) Questions arising at a Board of Elders meeting shall be decided by a majority of votes via a show of hands.

(g) Each member present at a Board of Elders meeting and entitled to vote, including the Chairperson, shall have one (1) deliberative vote on matters arising.

(h) In the event of an equality of votes on any question, the question shall be resolved in the negative.

12.1.10 Conflict of Interest

An Elder having any direct or indirect pecuniary interest in any contract or proposed contract entered into or to be entered into on behalf of the Church, or having a prejudicial interest in any non-financial matter, is required to:

(a) disclose that interest as soon as they become aware of it;

(b) not take part in any deliberations regarding that contract or proposed contract; and

(c) not vote on that matter.

12.2 Pastoral Staff

12.2.1 Senior Pastor

(a) The primary responsibility of the Senior Pastor shall be to lead the Church according to Biblical principles. As such, the Senior Pastor shall have oversight of the preaching, teaching, mission, worship and pastoral care of the Church.

(b) The Senior Pastor shall be the delegate of the Board of Elders for the execution of policies and implementation of plans and shall be responsible for the day to day management of the work of the Church, including the oversight of all communications on behalf of the Church.

(c) The Senior Pastor shall at all times be accountable to the Board of Elders.

(d) The Senior Pastor shall be a Member of the Church and will be appointed pursuant to clause 15.

(e) The Senior Pastor shall not be entitled to vote at General Meetings.

(f) Specific responsibilities of the Senior Pastor include, but are not limited to:

(i) co-ordinating the correspondence of the Church;

(ii) ensuring that the Executive Officer keeps full and correct minutes of the proceedings of the Board of Elders and of the Church;

(iii) complying on behalf of the Church with:

A. section 27 of the Act in respect of the Membership Register of Members of the Church;

B. section 28 of the Act in respect of the Constitution of the Church; and

C. section 29 of the Act in respect of the record of the office holders, and any trustees, of the Church.

(iv) holding the common seal and ensuring that it is not used otherwise than in accordance with clause 20(c);

(v) having custody of all securities, books, records and registers of the Church and documents of a financial nature and accounting records of the Church, including those referred to in clause 12.2.1(f)(iii) and 12.2.1(f)(iii); and

(vi) performing such other duties as are imposed by this Constitution on the Senior Pastor.

12.2.2 Associate Pastors

(a) The Senior Pastor may be supported in undertaking the roles and responsibilities outlined in clause 12.2.1 by one (1) or more associate Pastors.

(b) An associate Pastor shall be a Member of the Church but will not be entitled to vote at General Meetings.

(c) An associate Pastor will be appointed pursuant to clause 15.

(d) An associate Pastor shall at all times be accountable to the Senior Pastor.

12.3 Ministry Leaders

(a) The Board of Elders shall appoint Ministry Leaders from the Membership of the Church who possess qualities of spiritual leadership (as outlined in 1 Timothy 3:8-13 and Acts 6:1-7).

(b) Ministry Leaders shall care for the practical needs of Members and other participants in the life of the Church, attend to the accommodations for public worship and prayer, encourage and support those able to help others, and support those with gifts of administration.

(c) Ministry Leaders shall be directly accountable to the Senior Pastor for their leadership.

12.4 Management Committee

(a) The Board of Elders shall appoint a Management Committee consisting of suitable Members of the Church who possess qualities of spiritual leadership (as outlined in 1 Timothy 3:8-13 and Acts 6:1-7) and shall include the Senior Pastor and at least one (1) Elder.

(b) The Management Committee will oversee the practical administration of the Church under a terms of reference set by the Board of Elders and may undertake special projects at the direction of the Board of Elders.

(c) The Management Committee shall meet at least every two (2) months to consider the administrative functions of the Church, including financial operations.

(d) Minutes of all meetings of the Management Committee will be taken and shall be made available to the Board of Elders at their regular meetings and shall be also made available to any Member for perusal at any reasonable time.

(e) The Board of Elders will review the membership of the Management Committee annually and may appoint new members or remove existing members at its absolute discretion.

(f) The Management Committee shall be directly accountable to the Board of Elders for its work.

12.5 Working Group

(a) The Board of Elders may establish a Working Group to investigate, consult, develop options and propose recommendations for decision and report to the Board of Elders on any matter of significance to the Church.

(b) A Working Group shall have a specific, time-limited task and will work to terms of reference set by the Board of Elders.

(c) Composition of the Working Group shall be determined by the Board of Elders and shall include at least one (1) Elder.

(d) The Board of Elders will inform the Members of the establishment and purpose of any Working Group established by the Board.

(e) The Members shall be informed of the final decision made by the Board of Elders after the Working Group has reported.

13. Election of Elected Elders

13.1 Qualification for Elected Elders

(a) An Elected Elder shall be a Member over the age of eighteen (18), who:

(i) who possesses the qualities of spiritual leadership outlined in 1 Timothy 3:1-7 and Titus 1:6-9; and

(ii) is able to fulfil the requirements of Clause 12.1.1 - Responsibility and Powers of the Board of Elders.

13.2 Nominations for Eldership

(a) A Membership and Nominations Committee shall be appointed annually by the Board of Elders and shall consist of:

(i) the Chairperson of the Board of Elders;

(ii) the Senior Pastor;

(iii) one (1) other Elder; and

(iv) two (2) independent Members not directly related to anyone else on the Membership and Nominations Committee.

(b) At its first meeting, the Membership and Nominations Committee shall appoint a Chairperson.

(c) The Membership and Nominations Committee shall receive all written applications for membership to the Church and shall have the responsibility of reviewing those applications, interviewing applicants and determining which applicants meet the requirements for membership outlined in clause 7.1.

(d) The Membership and Nominations Committee shall receive nominations from the Members for appointment as an Elder and shall have the responsibility of reviewing those nominations and determining which nominees meet the requirements for Eldership as outlined in clause 13.1.

(e) Those applications for membership which the Membership and Nominations Committee consider, in their absolute discretion, meet the requirements outlined in clause 7.1 as being suitable for membership to the Church shall be accepted as Members of the Church and added to the Membership Register. Decisions of the Membership and Nominations Committee shall be final and binding.

(f) Those nominees which the Membership and Nominations Committee consider, in their absolute discretion, meet the requirements outlined in clause 13.1 and, as such, are suitable for Eldership, shall be recommended to the Chairman of the Board of Elders in accordance with clause 13.3(b). Decisions by the Membership and Nominations Committee shall be final and binding.

13.3 Election Procedure

(a) On the sixth Sunday immediately preceding the Annual General Meeting, the Senior Pastor shall advertise the names of the retiring Elders, the names of the Members of the Membership and Nominations Committee and the fact that Members may submit to the Membership and Nominations Committee names of persons for consideration as nominees for election as Elders.

(b) Before the third Sunday immediately preceding the Annual General Meeting, the Membership and Nominations Committee shall provide to the Chairperson of the Board of Elders the details of the nominees who meet the qualifications for Eldership as set out in clause 13.1 for election to the Board of Elders. Nominations provided by the Membership and Nominations Committee to the Chairperson of the Board of Elders shall be in writing and signed by the nominee and the Membership and Nominations Committee’s Chairperson.

(c) On the third Sunday immediately preceding the Annual General Meeting, the Chairperson shall advertise a list of the nominees.

(d) On the first Sunday immediately preceding the Annual General Meeting, voting by secret ballot shall be conducted by the Returning Officer.

13.4 Voting Procedures

(a) Elected Elder nominees shall only be elected if approved by at least seventy percent (70%) of the votes cast by Members by secret ballot.

(b) In the event that the number of successful Elected Elder nominees exceeds the number of vacancies to be filled, the nominees receiving the highest number of votes will be deemed elected.

(c) If there are vacancies remaining on the Board of Elders after an election has been conducted the procedure for filling a casual vacancy under clause 12.1.8(b) applies.

(d) Members may register a vote in person or by proxy on the election of an Elected Elder.

(e) Any Member may nominate, in writing on a signed authorised form from the Chairperson, another Member as a proxy to vote on the election of an Elected Elder.

14. Termination of Eldership

An Elected Elder's election or the appointment of an Elder under clause 12.1.8(b) will be terminated, by the Board of Elders, if the Elder:

(a) resigns their Eldership;

(b) is absent for more than three (3) meetings of the Board of Elders in any twelve (12) month period without tendering an apology;

(c) ceases to be a Member of the Church;

(d) is found guilty of misconduct by the Board of Elders; or

(e) if upon receipt of a recommendation from the Board of Elders, or upon a written submission to the Board of Elders signed by no less than twenty percent (20%) of Members, the Board of Elders call a Special General Meeting and Members vote to terminate the Elder’s position. A resolution to terminate an Elders position shall be a Special Resolution.

15. Appointment of Pastoral Staff

(a) The calling of the Senior Pastor shall be by affirmation of the Church following a recommendation by the Board of Elders. The Senior Pastor will only be called if approved by at least seventy percent (70%) of the votes cast by Members by secret ballot.

(b) The re-appointment of the Senior Pastor shall be the responsibility of the Board of Elders.

(c) The appointment and re-appointment of any associate Pastors shall be the responsibility of the Board of Elders.

(d) Prior to re-appointing the Senior Pastor or appointing / re-appointing any associate Pastors, the Board of Elders shall consult with the membership to provide members with the opportunity to offer their input.

(e) The Board of Elders shall appoint the Senior Pastor or any associate Pastors according to the terms of engagement that it considers appropriate.

16. Termination of Pastoral Staff’s appointment

The removal of the Senior Pastor and any associate Pastors shall be the responsibility of the Board of Elders.

17. Finance

17.1 Responsibility

Control of all Church funds, real property and assets shall be vested in the Board of Elders.

17.2 Application of Church Income and Property

(a) The income and property of the Church whenever it is derived, must only be applied towards the promotion of the Objects of the Church as set out in Clause 4.

(b) The income and property of the Church must not be paid or transferred directly or indirectly by way of dividend, bonus or otherwise to the Members except:

(i) for payment, in good faith, of remuneration to any Member, member of the Board of Elders or employee or agent of the Church;

(ii) payment to any Member, member of the Board of Elders, employee or agent of the Church in return for services actually rendered to the Church or for goods supplied in the ordinary and usual way of business;

(iii) the payment of interest on money borrowed from any Member, member of the Board of Elders, employee or agent of the Church;

(iv) the payment of reasonable and proper rent for premises let to the Church by any Member, member of the Board of Elders, employee or agent of the Church; or

(v) payment of fees to any Member, member of the Board of Elders, employee or agent of the Church who has been appointed to a salaried office of the Church.

17.3 Bank Accounts

(a) The signatories for the Church Bank Account(s) shall be any two (2) of the authorised signatories to the accounts.

(b) The Board of Elders shall appoint signatories to the accounts at least annually.

17.4 Reports and Auditing

(a) An auditor must be appointed at each Annual General Meeting.

(b) An auditor must not be a member of the Church or the Board of Elders.

(c) An auditor may be removed by resolution of a General Meeting.

(d) Where an auditor resigns or is removed by resolution of a General Meeting, the Board of Elders may appoint another person, not being a member of the Board of Elders, to be the auditor until the holding of the next Annual General Meeting.

(e) The auditor will:

(i) have the power at all times to examine the books and documents of the Church; and

(ii) after the close of the financial year in each year and prior to the Annual General Meeting, audit the balance sheet and statement of receipts and expenditure of the Church.

(f) The Senior Pastor shall ensure a finance report is presented to the meetings of the Management Committee and the Board of Elders and to the Members at least two (2) times per year.

17.5 Sources of Funds

The funds of the Church shall be derived from offerings, tithes, gifts, interest, loans, income derived from business conducted under a trading name and such other sources as the Board of Elders determines.

18. Amendment to Constitution

(a) The Church may alter or rescind the rules within this Constitution, or make rules additional to these rules, by Special Resolution and in accordance with the procedure set out in sections 17, 18 and 19 of the Act.

(b) These rules bind every Member and the Church to the same extent as if every Member and the Church had signed and sealed these rules and agreed to be bound by all their provisions.

19. Custody and Inspection of Records, etc. of Church

(a) Except as is otherwise provided in this Constitution, the Senior Pastor shall ensure that all books, documents and data held in computer systems and securities of the Church are kept adequately secure.

(b) The Senior Pastor shall make available for inspection by all Members without charge the following documents:

(i) the Membership Register;

(ii) the record of all office holders of the Church;

(iii) this Constitution; and

(iv) Minutes of Management Committee meetings.

(c) It is within the Board of Elder’s discretion whether or not to allow a Member to inspect any book, document, data held in computer systems or security of the Church not referred to clause 19(b).

20. Common Seal

(a) The Church shall have a common seal on which its corporate name shall appear in legible characters.

(b) The Senior Pastor shall ensure that the common seal of the Church is kept adequately secure.

(c) The common seal shall not be affixed to any instrument except by the authority of the Board of Elders and the affixing of the common seal shall be attested by the signatures of two (2) members of the Board of Elders.

21. Winding Up of Church

21.1 Voluntary winding up

The Church may be wound up voluntarily if it is solvent by Special Resolution of the Members.

21.2 Distribution of Surplus Property

If upon the winding up of the Church, there remains after satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid or distributed amongst the Members, but shall be given or transferred to another church or not for profit association incorporated under the Act which has similar objects and which association shall be determined by resolution of the Members.

22. Indemnity

Every member of the Board of Elders, public officer, Pastoral staff, administration staff and other officer for the time being of the Church shall be indemnified out of the assets of the Church against any liability arising out of the execution of the duties of his or her office which is incurred by him or her in defending any proceedings, whether civil or criminal, in which judgement is given in his or her favour or in which he or she is acquitted or in connection with any application under the Law in which relief is granted to him or her by the Court in respect of any negligence, default, breach of duty or trust.

Appendix 1: Lake Gwelup Christian Church Statement of Beliefs

This Statement of Beliefs is an explanation of the ‘core beliefs’ of the Christian faith as our church understands them from the Bible. The first section is a summary statement followed by a more extended explanation of each of the key beliefs. Our intention in publishing this statement is not to make it a test of orthodoxy so much as to express what we believe is the most important message any human can hear. Our desire is that we do not simply agree to these truths intellectually but that we all allow our convictions to shape our actions.

Summary

We believe…

That the Bible is God's unique revelation to people. It is the inspired, infallible Word of God and the final authority on all matters upon which it teaches.

That there is only one God, creator of heaven and earth, who exists eternally as three persons - Father, Son, and Holy Spirit, each fully God yet each personally distinct from the other.

That all people are created in God's image and are loved and valued by Him. Humans were originally created to have fellowship with God but this relationship is broken by rebellion against God. Every human is alienated from God until they accept by faith the free gift of eternal life that Jesus made possible through his death and resurrection.

We believe that Jesus Christ is the second Person of the Trinity, fully God and fully human, who died and rose again to deal with our sin and defeat the power of death. Jesus will one day return to earth to bring history to a close and complete the eternal plan of God.

That the Holy Spirit is the third Person of the Trinity who convicts people of sin and draws people to Christ. He indwells all believers and empowers them to lead Christ-like lives, to serve others and to reach out to a lost and needy world.

That death seals the eternal destiny of each person. At the final judgment, unbelievers will be separated from God for eternity while believers will be received into God's loving presence and rewarded for their faithfulness to Him in this life.

That there is one true Church comprised of all those who follow Jesus Christ. The Bible calls disciples to gather together regularly to devote themselves to worship, prayer, teaching, serving, fellowship and outreach to the world.

Statement of Beliefs

BIBLE

We believe that the Bible, composed of the sixty-six books of the Old and New Testament, is God's unique revelation to human beings. We believe that these Scriptures all originated with God, who chose to speak to us through a variety of people over thousands of years. So the Bible at one and the same time speaks with the authority of God and reflects the backgrounds, styles and vocabularies of the human authors. We hold that these Scriptures are infallible and inerrant in the original manuscripts. They are the unique, full and final authority on all matters of belief and behaviour and there are no other writings similarly inspired by God.

GOD

We believe that there is only one true God who exists eternally as three persons – Father, Son and Holy Spirit – each of Whom possesses equally all the attributes of deity and the characteristics of personality. God is the creator of all things and by His sovereign power He continues to sustain His creation. God is all-knowing, all powerful and present everywhere. God is the sovereign Ruler of everything and everyone. God is the only being worthy of worship.

PEOPLE

We believe that all people are created in God's image and are deeply loved and supremely valued by Him. We believe that humans were originally created to have fellowship with God but that this relationship is broken by humanity’s choice to rebel against God by living life apart from Him. As a result, every human is alienated from God and in desperate need of divine intervention to save them from eternal separation from God. This intervention came in the person of Jesus Christ who made it possible for every person to be restored to a right relationship with God through His death and resurrection. Anyone and everyone can enter a new relationship with God by accepting by faith that Jesus died and rose again for them. Each person who does this is rescued from eternal separation from God and given the gift of eternal life with God, which begins from the moment of decision. This new life cannot be earned through personal goodness or human effort. It is a gift of God’s grace that can only be received by faith in Christ and His work on the cross.

JESUS

We believe that Jesus Christ is the second Person of the Trinity, fully God and fully human, the unique and only Son of God. Jesus existed eternally before time but entered history in human form by being conceived by the Holy Spirit and born of the Virgin Mary. Jesus lived a perfect life in full obedience to God the Father and voluntarily gave his life as the sacrifice for our sins, dying on the cross as our substitute, thus satisfying divine justice and accomplishing salvation for all who trust in Him alone. Jesus was physically raised from the dead proving that he had defeated the power of death. He ascended into heaven and is now exalted, sitting at the right hand of God the Father. Jesus will one day return to earth, personally and visibly, to bring history to a close and complete the eternal plan of God.

HOLY SPIRIT

We believe that the Holy Spirit is the third Person of the Trinity who was sent into the world by the Father and the Son to apply the saving work of Christ to humans. The Holy Spirit possesses the characteristics of personality and is not a ‘force’ or a ‘ghost’. He enlightens the minds of rebellious humans, awakens in them a recognition of their need of a Saviour and, when they respond to his work, He gives them new life. At the moment of decision the Holy Spirit permanently indwells every believer as a guarantee of their salvation. He is the source of assurance, strength and wisdom for all believers. The Holy Spirit uniquely endows each believer with gifts for serving others and reaching out to a lost and needy world. The Holy Spirit guides believers in understanding and applying the Bible to their life. He makes it possible for believers to lead a life of Christ-like character and to produce spiritual fruit to the glory of God.

DEATH

We believe that death seals the eternal destiny of each person. For all humans, there will be a resurrection of the body into the spiritual world and a judgment that will determine the fate of each individual. Those who have rejected God’s free gift of salvation through Christ will be separated from God for eternity. Those who have accepted God’s free gift of salvation through Christ will be received into eternal communion with God and will be rewarded for good works done in this life.

CHURCH

We believe that, in the Bible, the Church never refers to a building but only refers to people. We believe that there is one true universal Church comprised of all those who acknowledge, accept and follow Jesus Christ as Saviour and Lord. The Church throughout the world, regardless of denominational names or theological differences, has one supreme leader – Jesus Christ.

The Bible calls disciples to gather together regularly to devote themselves to worship, prayer, teaching, serving, fellowship and outreach to the world. These gatherings are local expressions of the universal Church and are comprised of disciples who are united by the Holy Spirit, sharing in a bond of love which transcends race, culture, nationality, gender and age. While different local expressions may have different emphases, all are commanded to make disciples, which includes both evangelism and teaching obedience to all that Jesus taught.

Jesus commanded his followers to observe two sacraments - baptism and communion. They are visible signs representing spiritual truths; they do not accomplish salvation. Baptism is the immersion of a believer in water, symbolising both the saving work of Jesus through his death, burial and resurrection and the result of that work in the believer, who has died to their old life and been raised with Christ into a new life in which the power of sin is broken. Communion (or the Lord’s Supper) is the regular remembrance of Christ’s atoning death by partaking in simple, symbolic elements (e.g. bread and juice) that represent the body and blood of Jesus.

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