Statutes

STATUTES

Preamble

At the heart of Christian faith is the God revealed to us by Jesus. This is the Trinitarian God - a God of dynamic love, a God who is to be understood as Persons-In-Mutual-Love. This theology shapes our self-understanding as Church. It needs to shape our vision of ourselves as Church here in South Australia.

Our mission as Church is to witness and also to embody the divine relations of mutual love which are at the heart of the universe. The Church is a communion existing from the Trinitarian communion. In the Eucharist, the Christian community anticipates and tastes a communion not just of human beings but of all God’s creatures in God, and knows it is itself called to the practice of inclusive love.

The Constitution on the Church of the Second Vatican Council has taught us that the Church is the people of God, a people made up of all the baptised, in which every person is called to mission and to holiness on the basis of their baptism. It also tells us that the Church is the `universal sacrament of salvation’ for our world. This means that the Christian community is called to be both a sign of God’s saving love in the world and also an agent of this love. As Jesus himself witnessed to God’s compassion by his words and deeds, so the Church is called to be a sign and agent of this compassion for the world.

The Pastoral Constitution on the Church in the Modern World calls us to solidarity with the whole human family, to stand for the dignity of every human person and to work for justice and peace in our global community. It teaches us to give priority to the poor of the earth. It calls us to engage with our culture, to learn from it and to contribute to it.

The Church’s contribution to education and specifically to Catholic schools springs from its mission in the world. The Church has something of the utmost importance to say to the world. It points to the God of Jesus Christ as the centre and meaning of the universe. This message challenges all individualistic concepts of the human. It situates the person as always inter-related with other persons, as always existing from and in the Trinitarian communion.

Catholic schools are obviously faithful to this theology of Church when they work with parents to initiate children and young people into the way of the gospel and the Christian tradition, and to lead them to the following of Jesus as active participants in the eucharistic community. Catholic schools are a unique environment for this task of evangelisation. Through every dimension of school life, students are invited to integrate culture and faith: every aspect of human knowledge and wisdom is understood in the light of the gospel. The religious education curriculum is integral to the task of moral religious formation yet the task extends beyond this to embrace: the other areas of the curriculum, the formation of teachers, relationships within the school and every other aspect of school life.

Catholic schools are also faithful to the Church’s mission in the world when they fulfil other functions, such as promoting the educational good of the wider community, offering resources to those who are poor and powerless, assisting families who have recently migrated; building an authentic sense of community in diversity; promoting a sense of global solidarity; educating young people in ecological understanding and commitment. In these and other ways, SACCS seeks to develop a deeper engagement between Catholic schools and the wider community as a dimension of its participation in the church’s mission.

1. Authority

In accordance with Canons 116 and 118 of the Code of Canon Law, the South Australian Commission for Catholic Schools (hereinafter referred to as SACCS) is a collegial public juridical person established by the Archbishop of Adelaide

2. Rights and Obligations

In accordance with Canon 113#2 the rights and obligations of SACCS are to:

  1. lead strategic thinking and practice aimed at leading students, staff and principals who are in the care of CESA into a fuller understanding and personal expression of Catholic faith. This work will take place in the context of the distinctiveness of Catholic education and the contemporary cultural context discussed in the Looking to the Future report (2007).
  2. make and review policy in those matters relating to Catholic schools which require coordination and rationalisation throughout the State of South Australia
  3. be concerned with education in all Catholic schools and with matters relating to the participation of parents in the education of their children in Catholic schools
  4. appropriately consult with the Catholic education community
  5. assess changing needs of, and opportunities for, Catholic education throughout South Australia
  6. maintain a close working relationship with the Congregational Leaders of Religious Institutes involved in Catholic schools in South Australia, with the National Catholic Education Commission, with Federal and State Ministers of Education and with such other national and state bodies involved in education as SACCS deems appropriate
  7. maintain a close working relationship with those other bodies and persons involved in or associated with education whether Catholic or otherwise and whether for children or adults or both
  8. act as an authority pursuant to the States Grants (Schools Assistance) Act 1981 of the Commonwealth of Australia or any Act passed in substitution thereof, to receive applications for Capital Grants from schools which it is authorised to represent, to assess such applications, to provide to the Commonwealth and State Governments details of capital projects in Catholic schools recommended by the Commission and relevant documentation, to receive monies from the Commonwealth and State Governments, to pay such monies to the schools to which they relate, to provide such encumbrances or securities in respect of those monies as may be required by the Commonwealth Government and be deemed necessary to protect the interest of the Commonwealth Government and to ensure that the terms and conditions of such grant monies are complied with from time to time
  9. purchase, lease, hire or acquire any real personal property that may be deemed necessary, expedient or convenient for carrying into effect any of the rights or obligations of SACCS
  10. purchase, sell, supply and deal in real and personal property necessary to fulfil its rights or obligations
  11. borrow and raise money in such manner upon such terms and from such sources as it shall deem fit
  12. accept any gift whether subject to a special trust or not, for any one or more of the rights or obligations of SACCS
  13. accept any donation for any one or more of the rights or obligations of SACCS
  14. construct, maintain and alter buildings or works necessary or convenient for any of the rights or obligations of SACCS
  15. print and publish any such newspapers, periodicals, books, leaflets or other documents as it shall deem fit for the promotion of the rights and obligations of SACCS
  16. publish a manual outlining the operation of SACCS and its committees
  17. invest any monies of SACCS not immediately required in such matter as the Commission may from time to time determine, subject to the provisions of the Trustee Act 1936 of the State of South Australia
  18. hold or administer any property on trust
  19. employ, and at its discretion, pay officers, agents and servants and dismiss or suspend the same.

3. Membership

In accordance with Canon 118 the natural persons (hereinafter called `the Commissioners’) who represent and act in the name of SACCS are:

  1. the Archbishop of Adelaide
  2. the Bishop of Port Pirie
  3. the two (2) persons appointed by the Congregational Leaders—in a manner determined by them—of Religious Institutes conducting Catholic schools in South Australia
  4. the Director of Catholic Education for the Archdiocese of Adelaide, who is also the Director of Catholic Education for South Australia
  5. the Director of Catholic Education for the Diocese of Port Pirie
  6. no fewer than six (6) and no more than eight (8) other Commissioners appointed jointly by the Archbishop of Adelaide, the Bishop of Port Pirie and the two persons appointed by the Congregational Leaders. In appointing these Commissioners consideration will be given to personal experience, expertise and skills relevant to the needs of SACCS and the governance of Catholic education in South Australia.
  7. a Chair appointed jointly by the Archbishop of Adelaide, the Bishop of Port Pirie and the two persons appointed by the Congregational Leaders, to work closely with them and to meet with them as required.

4. Officers and Commissioners

  1. Chairperson—the Chair of SACCS, together with the Archbishop of Adelaide, the Bishop of Port Pirie and the two persons appointed by the Congregational Leaders are responsible jointly for the induction and formation of the Commissioners. The aim of such induction and formation is to promote and develop the vision and ethos of Catholic education.
  2. A Deputy Chair of SACCS will be appointed jointly from among the Commissioners by the Archbishop of Adelaide, the Bishop of Port Pirie and the two persons appointed by the Congregational Leaders.
  3. Any Commissioner who does not complete his/her term of office is to be replaced by a person appointed by the Archbishop of Adelaide, the Bishop of Port Pirie and the two persons appointed by the Congregational Leaders. This appointment shall be for three years.
  4. Two proxy Commissioners shall be appointed. They will be inducted into SACCS, receive the papers of SACCS and could be called on to attend the meetings should an apology be received beforehand from among the Commissioners appointed in accordance with 3 (f).
  5. The normal term of office of Commissioners and proxy Commissioners appointed in accordance with 3(f), 3(g) and 4(d) shall be three years, renewable for three years but not for a further term without a break of at least three years.
  6. Each Commissioner has a vote of equal value.
  7. A quorum for a meeting of SACCS is nine Commissioners.

5. Standing Committees

SACCS shall establish a Standing Committee structure, including the areas of Faith Studies, Human Resources, Education, Finance and Planning, in order to receive appropriate and accurate advice from the community about matters and decisions pertaining to the work of the Commission.

Membership of each Standing Committee shall include a Commissioner, to provide a link between the Committee and the Commission.

The Executive Officer of each Standing Committee shall be an employee of the Catholic Education Office.

Standing Committees shall have terms of reference and working guidelines prescribed by SACCS.

6. Place Of Business

The Office of SACCS is located in that place determined by the Archbishop of Adelaide.

7. Ownership

The stewardship and administration of the temporal goods of SACCS is to be carried out in accordance with the provisions of the Code of Canon Law.

8. Assets

In the event of the suppression of SACCS in accordance with Canon 120#1, any surplus assets are to be distributed to the Catholic Church Endowment Society Incorporated and the Catholic Diocese of Port Pirie Incorporated and any other public juridical persons in such manner as may be determined by the Commissioners. Such assets are to be used solely for Catholic schools.

9. Amendments

Any amendment to these Statutes requires a two-thirds majority vote of the Commissioners and the approval of the Archbishop of Adelaide, the Bishop of Port Pirie and the two persons appointed by the Congregational Leaders.

10. Rights

The rights in Canon Law of the Diocesan Bishops and Congregational Leaders, except insofar as provided herein, are in no way affected by these Statutes.

11. Interpretation

The right to authentically interpret these Statutes belongs to the Archbishop of Adelaide, the Bishop of Port Pirie and the two persons appointed by the Congregational Leaders.

These Statutes as amended and approved in accordance with Article 17 of the original Statutes of the South Australian Commission for Catholic Schools, are effective from June 16, 1998.