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Book of Order and Judicial Reference Group

Terms of Reference

(1) To undertake at intervals revisions of the Book of Order and the printing and publishing of new editions.

(2) To prepare such legislation as the Assembly may request.

(3) To examine and report to the Assembly, if so directed, on replies to overtures which contain legislative proposals.

(4) To assist committees, groups, and individuals in the preparation of legislation to be submitted to the Assembly.

(5) To submit 'tidy-up' proposals when new legislation is found to affect other regulations in the Book of Order.

(6) To advise courts in the exercise of their judicial functions and to answer matters of practice and procedure.

NB This Reference Group endeavours to avoid dealing with matters of policy. Its function is to draft, upon request, the regulations needed if a change in policy is being considered or, in the event of a change being agreed to, to draft the enabling regulations.

Recommendations

(1) That Appendix E-9 in the Book of Order be replaced by Appendix E-9 as set out in Appendix 1 in this report. [paragraph 1 in the report]

(2) That regulation 194 (1) be amended to read as follows:

194 tension or cessation of tenure

(1) Unless the Assembly determines otherwise the tenure of call or appointment to a charge shall cease from the date the minister retires which must not be later than his or her 66th birthday.

(2) The Assembly may extend tenure on the request of a Presbytery where there are special circumstances.

(3) The Council of Assembly may act a Commission of Assembly to extend tenure under this regulation where determination by General Assembly is not possible without the calling of an emergency meeting. (The existing clause (2) would be renumbered as (4). [paragraph 2 in the report]

(3) That the terms of reference for the Council of Assembly as outlined in Appendix E-20 be amended by adding the following new clause 10 (and consequentially renumbering the subsequent clauses 11 to 13) as follows:

To act as a Commission of Assembly to extend tenure under regulation 194 (3). [paragraph 2 in the report]

(4) That regulation 221 be amended to read:

"The Presbytery shall appoint four persons, whether from within the bounds of Presbytery or not, two of whom shall be elders, and two of whom shall be ministers, who, together with the nominator and the parish representatives appointed under the preceding regulation, shall be the Board of Nomination, for that particular vacancy. Notwithstanding the foregoing, a Presbytery may, in its absolute discretion, appoint only one minister if the nominator is a minister, in addition to the nominator.[para 3 in report]

(5) That the terms of reference of the Book of Order and Judicial Reference Group (Appendix E-20) have added to them the following:

To appoint, whether from within its members or otherwise, from time to time in its discretion, such persons to be Regional Advisors, on matters concerning the Book of Order, as it sees fit. [para. 4 in report]

(6) That regulation 118 e be amended by adding after the words Church Property Trustees the following words or (for parishes within the Synod of Otago and Southland) the Synod of Otago and Southland and after the word Trustees add the words or Synod. [para 5 in report]

(7) That Appendix E-20 be amended by adding at the end of the section relating to the Church Property Trustees the following words:

"In the provinces of Otago and Southland parish property is vested in the Otago Foundation Trust Board." [para. 5 in report]

Report

1. Sexual Misconduct Procedures

1.1 A completely revised set of procedures has been prepared taking into account feedback from Presbyteries and others who have been involved in such cases. See Appendix 1. These have been approved for presentation to the Assembly by the Administration and Finance Policy Group.

1.2 The changes involved include:

• Extending the definition of sexual misconduct
• Extending the scope of application of the provisions;
• Changes to the standard of proof;
• Moving some administrative aspects of the process such as appointing assessors, laying charges, and appointing a Complaints Hearing Committee to the Council of Assembly Convener, Deputy Convener, and the Assembly Executive Secretary.
• That also makes the Assembly responsible for the financial cost of administering the regulations.

1.3 There are several reasons for this including:

• To ensure fairness and consistency in decision-making across the country;
• At present the church is processing one or two complaints a year and presbyteries and assessors are generally not building up expertise to process these quickly and competently;
• The cost of time and money to presbyteries is a major drain on presbyteries time, energy, and finance and the cost is more appropriately shared nationally
• given that respondents often reside in presbyteries beyond where the offending occurred.

2. Extension of minister's term

2.1 The 2000 General Assembly asked the Book of Order and Judicial Reference Group to prepare an amendment to the Book of Order to authorise the Council of Assembly to act as a Commission of Assembly to consider and act upon a request from a Presbytery to extend a minister's term if special circumstances so warrant. (00.113)

2.2 In drafting the amendment the Reference Group recognised the need to clarify the wording of when tenure may be extended and the date on which ministers must retire. After consultation the Reference Group has also removed reference to a minimum retirement age. We are advised this does not affect the application of Beneficiary Fund regulations.

3. Boards of Nomination

3.1 The 2000 General Assembly decided that a Presbytery be allowed to appoint elders from within its bounds to be its representatives on Boards of Nomination, and that the Book of Order and Judicial Reference Group be asked to prepare an amendment to regulation 221 to bring about this change.

3.2 The present provision allows only members of Presbytery to serve on Boards of Nomination.

3.3 Since Assembly the Reference Group received representations indicating that some smaller Presbyteries also appoint ministers and elders from beyond their bounds.

3.4 The redrafted regulation allows for elders and ministers to be appointed whether they are members of Presbytery and within the bounds of Presbytery, or not.

4. Regional Advisors

5. Synod of Otago and Southland

5.1 The Synod of Otago and Southland has pointed out present regulations do not state the legal requirement for approvals in respect of property within the Synod area. The proposed amendments aim to correct the situation.

6. Advice to Presbyteries

6.1 The Reference Group provided advice to a Presbytery that the 1996 decision of the General Assembly "That the Assembly declare that the status of ministers, licentiates and elders who are practising homosexuals and in full standing of the Presbyterian Church is not prejudiced by the ruling of this Assembly (96.129)" allowed people who met these criteria at the time of the 1996 General Assembly to be inducted into a parish as an exception to the general policy that practising homosexuals should not be licensed, ordained, or inducted.

6.2 The National Assessment Work Group and a Presbytery sought advice regarding the acceptance for training for ministry of students who had declared that they were practising homosexuals. In accordance with the opinion received by the 1999 Assembly from this Reference Group we advised "The National Assessment Work Group or a Presbytery ought not to accept for training for ministry a student who has declared that he or she is a practising homosexual." The advice and the reasons for it were communicated to all Presbyteries to promote consistency in decision-making.

7. Employment conditions

7.1 As the terms and conditions for lay persons in Appendix E-19 no longer reflect current good employment practice and do not comply with the Employment Relations Act 2000 it should be repealed. Church bodies will be encouraged to use a model agreement posted on the web site.

8. Future changes to the Book of Order

8.1 The Book of Order Rewrite Group has been active in preparing draft chapters and widely consulted on the revision of the Book of Order. It will be reporting to 2004 General Assembly.

9. Appreciation

9.1 Mr Jonathan Crawford retires from the Group at this Assembly having made an invaluable contribution. The Reference Group wishes to record its thanks to the Assembly Executive Secretary for his great assistance and work with the Group.

C R Pidgeon QC

Convener

Appendix 1 - Sexual Misconduct Procedures

Appendix E9

Procedures for the Investigation of Complaints of Sexual Misconduct, including sexual abuse, sexual harassment or any other improper breach of the pastoral relationship

1. Introduction

1.1 These procedures have been developed to assist the Church in dealing with complaints of sexual misconduct against church workers. In this Appendix reference to "church worker" or "church workers" includes the following persons acting in the name of or on behalf of the church, ministers, pastors, elders, pastoral counsellors, licentiates, students for the ministry, lay workers, people in positions of leadership, and youth workers. They present a step-by-step approach which is intended to provide consistency in dealing with complaints and to incorporate principles of natural justice.

1.2 The church, like society generally, recognises the special relationship between church workers and those with whom they come into contact. Church workers have a responsibility towards the spiritual, emotional, and sometimes physical, well being and protection of persons who come to them for help, their families and whanau, and persons with whom they have a relationship of trust or care. Breach of this special relationship is regarded by the church as unethical and improper.

1.3 The Presbytery/UDC will consider at all stages the possible effects of the procedure on the health and well being of the survivor of the alleged misconduct (referred to as "the Complainant") and of the Respondent, and of their spouses and families, and if appropriate the congregation/faith community of which they are a part.

1.4 The Presbytery/UDC will proactively ensure that the pastoral needs of the Complainant, the Respondent and where appropriate, their partners and families and whanau are met.

1.5 The Presbytery/UDC shall appoint Contact Persons, such to be carefully chosen and thoroughly trained. A Presbytery/UDC shall publicise the identity of its Contact Persons, and annually review its appointments. The role of Contact Persons is outlined below. A national register of Contact Persons shall be kept by the Assembly Executive Secretary.

1.6 All people involved in the procedure must remember the importance of strict confidentiality until such time as a Complaints Hearing Committee or the Presbytery Sexual Complaints Commission determines the matter. Whenever practical the complaint procedures shall be implemented without disclosing the names of those involved, especially that of the Complainant, unless the Complainant requests, and the Committee or Commission as the case may be, considers it appropriate to do so.

1.7 The Presbytery/UDC may appoint a Commission under regulations 460 to 463 (inclusive) to oversee the processing of complaints brought under these procedures.

1.8 The Council of Assembly will keep lists of people with relevant qualifications and (wherever possible) experience and training who are available for appointment as:

Assessors

Facilitators

Members of the Complaints Hearing Committee.

2. Definitions

2.1

(a) "Sexual misconduct" includes any form of sexual behaviour or attention which is offensive or unwelcome to the person who receives it and/or is repeated or of a significant nature. It can be written or oral or communication by electronic means, or physical, and can include misuse of visual material. It can include a breach of the pastoral relationship which may be, have been, or have appeared to be, consensual but which, by virtue of the pastoral relationship, the Church deems improper. "Sexual misconduct" includes sexual abuse and sexual harassment but is not limited to that. Sexual misconduct includes any direct or indirect request of another person for sexual intercourse, sexual contact, or other form of sexual activity that contains:

• an implied or overt threat of some form of detriment; or
• an implied or overt promise of some form of benefit; or
• an implied or overt threat about the present or future status of the person or any other person related in any way to the person.

(b) "Complainant" means the person making an allegation, and a "Respondent" means the church worker about whom the allegation has been made.

2.2 When calculating time in these procedures Saturdays, Sundays, public holidays and the period between 24 December in any year and 5 January in the following year shall be excluded.

3. Receiving Allegations

3.1 The Presbytery/UDC (which in these guidelines includes such body as holds presbyterial powers) where the Respondent resides at the time of the complaint, may receive allegations in writing of sexual misconduct against any church worker signed by the Complainant except that:-

• No action will be taken on anonymous allegations;
• No action will be taken on a complaint relating to actions which occurred more than five years prior to the receipt by Presbytery/UDC of the allegation, except insofar as it may disclose a possible offence of the nature described in Regulation 488.

3.2 If the Respondent has been convicted in a court of law of any criminal charge relating to sexual misconduct the church must for the purposes of dealing with a complaint concerning the same matter accept such charge as proven without further enquiry, and proceed to consider penalty and other matters covered in sections 9, 10 and 11 of this Appendix without further proof of such charge.

3.3 If the respondent has been acquitted in a court of law of any criminal charge relating to sexual misconduct the Church may, in its discretion, investigate and/or prosecute a complaint concerning the same matter under these procedures.

4. Contact Persons

4.1 Each Presbytery/UDC shall appoint Contact Persons within the Presbytery/UDC who shall receive complaints on behalf of the Presbytery/UDC and advise and assist Complainants or persons making allegations of sexual misconduct against church members, even although such allegations may not at that stage be in writing, and shall supply them with a copy of these procedures.

4.2 Such Contact Persons may, if requested by Complainants or potential Complainants, assist such a person or persons to seek legal advice or to lodge a complaint with the Police. If the Complainant decides to seek legal advice and to request the Church to pay for that advice and any subsequent representation, the contact person shall consult with the Assembly Executive Secretary and obtain the names and addresses of the panel of suitably experienced lawyers in the area held by the Assembly Executive Secretary. Complainants are free to consult with a lawyer of their choice but the Church is not obliged to fund legal assistance from anyone not on its panel.

4.3 On receipt of a written allegation the Contact Person shall, if possible within 48 hours, forward the statement to the Assessors appointed by the Assembly Executive Secretary

4.4 Such contact people should advise the Complainant of the availability of ACC counselling, provide a list of ACC accredited counsellors, advise upon the process of applying for ACC counselling, and arrange for ACC related counselling and/or such other counselling as may be agreed and appropriate.

4.5 The Assembly Executive Secretary may offer to the Respondent through the Assessors the names of suitably qualified persons available to act as a support person for him or her.

5. Assessors

5.1 The Council of Assembly shall keep a register of Assessors from which the Assembly Executive Secretary shall appoint three Assessors to consider complaints received by a Presbytery/UDC.

5.2 The Assessors shall be members of the Presbyterian Church of Aotearoa New Zealand and shall have had relevant and appropriate training and experience, but none shall be members of the

5.3 Presbytery/UDC which has jurisdiction over the Respondent. Wherever possible one shall have legal training and one shall have expertise in counselling. One shall be male, one female, one clergy.

5.4 On receipt of the written allegation(s) from the Presbytery/UDC the Assessors shall deliver a copy of the complaint within a further 48 hours to the Respondent in person or by registered mail or courier, together with a copy of these procedures.

5.5 The Assessors may confer (by telephone, fax, email, or letter) or may meet with the Complainant and the contact person, and, if the Complainant desires, the Complainant's whanau/support person, to discuss proposed procedures and possible and desirable outcomes. Should any such contact and communication occur a fair and accurate record of the communication should be made by the assessors and supplied to the Complainant and the Respondent as soon as possible thereafter.

5.6 The Respondent shall be given 14 days or such extended time as the Assessors consider fit to reply and respond in writing to the Assessors regarding the complaint. The Assessors may, if they consider it desirable or necessary, forward the whole or any part of the Respondent's reply to the Complainant for comment. In the event where any response or further information is received from the Complainant, a copy shall be forwarded to the Respondent.

5.7 The Assessors are to consider the complaint and the reply, and the comment (if any), after conferring with the Contact Person or the Complainant (at the Complainant's election), and the Respondent, either separately or together, and determine, if possible within 14 days from the date of receipt of the reply, or from the date on which the reply should have been received, pursuant to 4.4, whether the complaint is of a nature:

• To justify the laying of a charge before a Complaints Hearing Committee; or
• That, because of the informed and willing consent of both the Complainant and the Respondent, the complaint should be referred to a meeting of the parties, together with the contact person, and such support persons (if any) as the parties desire and agree upon, chaired by a Facilitator from the Church's panel of Facilitators referred to in section 1.8 of this Appendix.
• To be referred back to the Presbytery/UDC or its Commission which may determine among other things that no action be taken.
• That is vexatious or frivolous, or for some other good reason should not proceed.

5.8 The purpose of any facilitated meeting (referred to in the preceding paragraph) shall be to explore informally whether or not the parties are able to mutually resolve the complaint without the need for a formal Complaints Hearing Committee hearing. At any such facilitated meeting, the Facilitator, with the consent of the parties, has authority to record in writing any agreement or resolution of the parties as to the complaint, which shall be signed by the Facilitator, and the parties. Such agreement or resolution shall be final and binding on the parties. Notwithstanding any of the foregoing, because of the seriousness of sexual misconduct, and because of the need for the Church and its representatives and church workers to be accountable, and the need for the Church's processes to be transparent, there shall be no presumption of confidentiality attaching to this process or any outcomes of such a facilitated outcome. The Facilitator will in every case, in any event, report to the Assembly Executive Secretary on the following:

• the nature of or details of the complaint;
• the identification of the Complainant and the Respondent
• whether or not the complaint was resolved, and if so, provide a copy of the signed resolution;
• whether or not any other issues were agreed, and if so, provide a copy of the signed agreement.

5.9 In all matters, the Assessors shall act in accordance with and observe the principles of natural justice to the Complainant and to the Respondent.

5.10 The Assessors shall forthwith after reaching a determination advise the Complainant, the Respondent, the Contact Person, the Presbytery/UDC or its Commission, and the Assembly Executive Secretary of their decision.

5.11 The Assessors shall have the power to consult with other Assessors or Contact Persons.

5.12 There shall be no appeal from a determination of the Assessors. Nothing shall prevent the Complainant or the Respondent from seeking judicial review of a determination of the Assessors.

5.13 The Assessors may recommend that the Complaints Hearing Committee suspend the Respondent from any office within the Church pending the hearing of the charge before the Complaints Hearing Committee and the Complaints Hearing Committee may meet to determine interim suspension provided however that suspension should only be ordered in a sufficiently grave case and not before the Complainant and the Respondent, with or without legal counsel, have had the opportunity to be heard, give evidence and make submissions.

5.14 A complaint may be withdrawn by the Complainant (in writing) at any time before the Assessors reach a determination with the leave of the Assessors and upon such terms and conditions as to confidentiality and/or publicity and/or otherwise as the Assessors deem appropriate.

6. Complaints Hearing Committee

6.1 On receipt of a determination by any of the Church's Assessors, that the complaint should proceed to a hearing before a Complaints Hearing Committee, or upon receipt of a report from a Facilitator that the parties have been unable to resolve matters, the Convener and Deputy Convener of the Council of Assembly and the Assembly Executive Secretary shall appoint a Complaints Hearing Committee drawn from a panel of persons whose membership is maintained by the Council of Assembly. Such Hearing Committee shall be chaired by a member of the Presbyterian Church of Aotearoa New Zealand who has had legal training, and shall include at least one man and one woman, and one member of the clergy and, if the Complainant or Respondent is of a particular ethnic group, then a representative from that group, provided however that if there is no such person on the panel for that ethnic group, the Council of Assembly may appoint a member of that ethnic group from outside the panel.

6.2 The Complaints Hearing Committee shall be convened as soon as conveniently possible after the Assembly Executive Secretary has received the determination from the Assessors that a charge should be laid. The Complaints Hearing Committee has the power, at all times, to seek advice on procedure and legal issues from the Assembly's Judicial Committee, or a member thereof, or person requested by the Judicial Committee to provide such assistance and advice.

6.3 The Complainant and the Respondent shall be entitled to appear before the Complaints Hearing Committee with or without counsel and with or without support persons present, subject to the power to exclude support persons for all or part of the hearing in 6.6 hereof.

6.4 The Complaints Hearing Committee shall have power to determine all matters of procedure before it, ensuring, subject to the provisions of Regulations 495 to 509 (inclusive), that it applies the principles of natural justice in conducting the hearing so that both the complainant and the respondent have a fair hearing. In determining whether or not a respondent is guilty or not guilty on any particular charge, the Complaints Hearing Committee shall determine the matter on the balance of probabilities. Where the subject matter of the complaint is of a serious nature, then guilt must be established to a sufficiently high degree of probability, which is as convincing in its nature as the charge is grave. This is not proof beyond reasonable doubt. However the difference between the criminal standard (of proof beyond reasonable doubt) and the civil standard (proof on the balance of probabilities) diminishes in this context with the seriousness and/or criminality of the conduct complained of.

6.5 The Complaints Hearing Committee may inquire into the evidence before it.

The Complaints Hearing Committee shall conduct the hearing in private provided however with the consent of both the Complainant and Respondent it may allow the Contact Person and such other person or persons (including support persons) as it thinks fit to be present during all or part of the hearing. The Committee has the power to exclude any person other than Counsel, Complainant or Respondent at any time from the hearing.

6.7 Subject to the provisions of 5.8 hereof, the Complaints Hearing Committee shall have the power to hear and receive oral and written evidence, and hear witnesses. It shall have the power to itself call witnesses to give evidence.

6.8 The Complaints Hearing Committee shall allow the parties or their counsel the right of cross-examination of witnesses, subject however to the same restrictions as to evidence being given or questions put to the Complainant as are contained in S 23 A of the Evidence Amendment Act 1989 (restricting the right to introduce evidence about the Complainant). The Hearing Committee shall have the same powers to grant leave to give evidence and put questions as does a Judge under the provisions of the said Act. [These provisions are produced as a Schedule to these procedures to assist the parties and the Complaints Hearing Committee appreciate the significance and refer to them where necessary.]

6.9 A complaint may be withdrawn by the Complainant (in writing) at any time with the leave of the Complaints Hearing Committee.

6.10 The Complaints Hearing Committee may give an oral decision at the conclusion of the hearing, but all decisions are to be recorded in writing together with reasons for the decision. Where the Complaints Hearing Committee does not give an oral decision at the conclusion of the hearing, it shall give its decision in writing no later than 15 days after the conclusion of the hearing.

6.11 A copy of the decision and/or written reasons for the decision are to be forwarded within 24 hours to the Complainant, the Respondent, the Assessors, the Assembly Executive Secretary, the Contact Person, and if the Complaints Hearing Committee deems fit, to the employer or employing body or parish of the Respondent. The appropriate Presbytery/UDC shall be advised of the outcome of the hearing.

6.12 Where a complaint is upheld the Complaints Hearing Committee shall recommend to Presbytery/UDC whether or not its finding should be made public. The identity of the Complainant is not to be made public except with the written consent of the Complainant. In considering issues of publicity and suppression the Complaints Hearing Committee shall have regard to:

• the seriousness of sexual misconduct;
• the needs for accountability and transparency of the Church and its processes;
• the need to protect others from similar or other sexual misconduct;
• such other matters brought to its attention on the Complainant's and/or the Respondent's behalf, as may be relevant to a particular case;
• and any other matters it considers relevant and appropriate (which shall, if relied upon be expressed in its decision).

6.13 The Complaints Hearing Committee shall keep an accurate record of its decision and all evidence and/or submissions received by it, hereafter call "the complete file".

6.14 On completion of its responsibilities the Complaints Hearing Committee shall forward the complete file to the Assembly Executive Secretary. The Assembly Executive Secretary shall keep the complete file until the Respondent dies, at which time the complete file will be destroyed.

7. Presbytery/Union District Council

7.1 Presbytery/UDC must receive the report and put into effect the decision of the Complaints Hearing Committee including any recommendation the Complaints Hearing Committee may make as soon as possible.

7.2 Presbytery/UDC has no power to act as a court of appeal and/or depart from or vary any finding of the Complaints Hearing Committee except with the consent in writing of both the Complainant and Respondent.

8. Appeals

8.1 The Complainant and/or the Respondent has the right to appeal within 20 days after the date of the written reasons for the decision against the decision of the Complaints Hearing Committee, as to a finding that the complaint has been proved or not proved. The Respondent also has the right to appeal within 20 days against a decision of the Complaints Hearing Committee as to any sentence or penalty imposed upon him/her. Any party has the right to appeal within the same period, against any order of costs or suppression or publication of name/s made against or in respect of that person.

8.2 Such appeal shall be to a Judicial Commission of General Assembly set up for that purpose.

8.3 The appeal shall be by way of rehearing on the record of evidence taken by the Complaints Hearing Committee, and shall be conducted as soon as possible.

8.4 The Judicial Commission shall only grant leave to allow further evidence on questions of fact at its discretion and only if the party making the application for leave to admit further evidence could not, with due diligence, have discovered the evidence before the hearing before the Complaints Hearing Committee, and the weight or cogency of the new evidence would necessarily have had an important influence on the result of the earlier hearing.

8.5 The Judicial Commission may give an oral decision at the conclusion of the hearing, but all decisions are to be recorded in writing together with the reasons for the decision. Where the Judicial Commission does not give an oral decision at the conclusion of the hearing, it shall give its decision in writing no later than 15 days after the conclusion of the hearing.

8.6 A copy of the decision and/or written reasons for the decision are to be forwarded as soon as conveniently possible to the Assembly Executive Secretary, the Complainant, the Respondent, the Assessor, the Contact Person, and to the Presbytery/UDC which has jurisdiction over the Respondent, and, if the Judicial Commission deems fit, to the employer or employing body of the Respondent. The Assembly Executive Secretary shall orally brief the Moderator of the General Assembly of the decision. The Complainant's name shall not be published by the Judicial Commission without the consent in writing of the Complainant.

8.7 The Judicial Commission has the power to recommend to the Assembly Executive Secretary whether or not any finding of misconduct should be made public and the Assembly Executive Secretary shall carry out such recommendation. In considering issues of publicity and suppression the Judicial Commission shall have regard to the seriousness of sexual misconduct, the need for accountability and transparency, of the need to protect others from similar or other sexual misconduct, and such other matters as may be relevant to a particular case.

8.8 The Judicial Commission shall keep an accurate record of its decision, and of any further evidence and/all submissions received by it, hereafter called "the Commission's complete file"..

8.9 On completion of its responsibilities the Judicial Commission shall forward the Commission's complete file to the Assembly Executive Secretary. The Assembly Executive Secretary shall keep the Commission's complete file with the complete file until the Respondent dies, at which time the Commission's complete file will be destroyed.

9. Powers of Complaints Hearing Committee and/or Judicial Commission

9.1 After receiving submissions from the Complainant, the Respondent and the Presbytery/UDC regarding the orders, the Complaints Hearing Committee and/or the Judicial Commission shall have the power on hearing a charge or determining an appeal to make one or more of the following orders, namely:

• That the Respondent be deposed (regs 560/561);
• That the Respondent be censured;
• That an educative approach be taken with the Respondent;
• That the Respondent be required to cease and desist from the conduct complained of;
• That the Respondent be required to undertake specified education or supervision;
• That the Respondent be required to enter into a period of probation, i.e. Presbytery/UDC will actively and systematically monitor for a specific length of time the Respondent's compliance with any specific requirements imposed;
• That the Respondent is suspended from the function or office or cease training,
• That such information as is appropriate including the identity and circumstances which could identify the Complainant be suppressed;
• That the complaint has not been proved, and should be dismissed.
• That steps should be taken under the disciplinary procedure set down in the Book of Order to have the Respondent removed from office.
• That the Respondent apologise in writing to the Complainant.
• That the Respondent pay such sum by way of compensation to the Complainant not exceeding $10,000.00 as may be considered appropriate.

10. Costs

10.1 The Complaints Hearing Committee and/or the Judicial Commission shall have the power to make such order as it thinks fit in relation to the costs incurred in investigating and disposing of the proceeding before it, and in supplying support services to any Complainant or Respondent.

10.2 If a complaint is either admitted by the Respondent or found proved, the Complaints Hearing Committee and/or the Judicial Commission may make such order as it thinks fit requiring the Respondent to make a contribution to all or part of the costs (including, without limitation, any legal and/or medical costs) which have been incurred by the Church and/or the Complainant.

10.3 If the Complaints Hearing Committee and/or the Judicial Commission finds that a complaint is frivolous, vexatious or made in bad faith, the Complaints Hearing Committee and/or the Judicial Commission may make such order as it thinks fit requiring the Complainant to make a contribution to all or part of the costs which have been incurred by the Church and/or the Respondent.

11. Expenditure

11.1 The out of pocket expenses of Contact Persons, the Complainant, Assessors, and the Complaints Hearing Committee are to be met by Presbytery/UDC. The Presbytery/UDC shall have the power at its discretion to meet the out of pocket expenses of the Respondent.

11.2 The costs of providing counselling and/or pastoral care not covered by ACC are to be met by Presbytery/UDC.

11.3 The approval of the Presbytery/UDC or its Commission shall be obtained before any costs are incurred in its name or before any orders are made involving expenditure by the Presbytery/UDC.

11.4 The reasonable legal costs of the Complainant incurred with any lawyer on the Church's panel of lawyers are to be met by the Church in the first instance subject to any order which might be made under clause 10.2 or clause 10.3 for reimbursement by either the Complainant or the Respondent to the Church. The Complainant or the Complainant's support person, contact person, or prospective legal adviser shall consult with the Assembly Executive Secretary before incurring legal costs on behalf of the Complainant. The Assembly Executive Secretary may, in his or her absolute discretion, fix a maximum cap on the level of such costs to be met by the Church in any particular case, either generally, or in respect of each stage of the process, and may review any such determination from time to time. The Church, through its Assembly Executive Secretary, may in its absolute discretion meet, in whole or part, or decline to meet, the legal costs of any Complainant incurred without prior approval, or with someone not on the Church's panel.

12. Register

12.1 The Assembly Executive Secretary shall record admitted or proven complaints and shall maintain that record which shall be available to enable the record of any church worker to be assessed in appropriate circumstances where in the opinion of the Assembly Executive Secretary there is a genuine need to know, such as when a Parish is considering a Minister for call.

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