Lay and diaconal presidency is in agreement with the Australian Anglican Church's Constitution, says the Appellate Tribunal, the Church's highest court. But, it goes on, a canon of General Synod is required to authorise the change: a diocesan ordinance is not enough. The tribunal's finding, announced on 11 January after two years' deliberations, took many in the Anglican Church of Australia by surprise. It was widely expected that the seven-member tribunal would find lay presidency in conflict with the Fundamental Declarations and Ruling Principles of the Church's constitution, which tie the Church to the doctrine and principles of the Church of England. Instead, the tribunal voted by four to three that it was constitutional.
The Primate, Dr Keith Rayner, took the lay-presidency issue to the tribunal in response to attempts by the Diocese of Sydney to permit the practice through its own ordinance. Its bill had passed the second-reading stage and was put on hold while the tribunal deliberated.
Revelations in April 1996 that the Bishop of Armidale in rural New South Wales, the Rt Revd Peter Chiswell, had authorised diaconal presidency for some years in his diocese added urgency to the reference.
The Primate said that the tribunal's opinion did not "in itself alter existing practice". Given the narrow majority, the reasons for the decision would have to be "closely studied" by the Church, he said.