Churches, Clergy and the LawFor Australia, this book is a first. It provides an account of how the Australian legal system interacts with the church - making the legal material accessible and comprehensible to the lay reader. A whole host of questions demonstrated the need for one easy-to-read volume in this area. What happens if children are injured at Sunday school? What is the legal position regarding a church that is regarded by neighbours as a nuisance, or interference with church worship? And what about the employment status of ministers and pastors and the supposed privilege they have regarding confidences? All clergy, church administrators at all levels and their legal advisers will find clear and straightforward discussion of their everyday problems. |
Contents
INTRODUCTION | 1 |
THE CHURCH AS AN ORGANISATION | 22 |
EMPLOYMENT AND DISMISSAL OF CHURCH | 139 |
NEGLIGENCE UNDUE INFLUENCE | 167 |
THE IMPACT OF THE CRIMINAL LAW | 186 |
MARRIAGE DIVORCE AND CHILDREN | 208 |
CONFIDENTIALITY AND PRIVILEGE | 277 |
Common terms and phrases
13 Halsbury's Laws adoption order ALJR Anglican Church application Associations Incorporation Act Australia Act Australian law breach Canon charitable child Christian Church of Australia common law Commonwealth concerning consent Constitution contract Corporations Law criminal custody defamation Dickey disciplinary tribunal Discrimination dispute duty employee employment example exemption exercise Fam LR Family Law Act gift guardianship income incorporated association infringement institution interest judicial intervention jurisdiction Laws of Australia legislation liability Marriage Act Marriage Act 1961 matter minister of religion natural justice Northern Territory NSWLR obligations offence organisation parens patriae parenting order parliament parties pastor person Presbyterian Church principle provides Pty Ltd purpose Queensland reasonable recognised relation relationship relevant religious bodies Roman Catholic Church rules SASR Scandrett v Dowling South Wales statute termination unincorporated voluntary association welfare