Antiochian Orthodox Church Legislation

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Speakers - Markham Mr Colin; Photios Mr Michael
Business - Private Members Statements

ANTIOCHIAN ORTHODOX CHURCH LEGISLATION

Mr MARKHAM (Keira) [5.29]: I raise an issue concerning the St Elias Antiochian Orthodox Parish Association, Wollongong. The matter has been raised with me and my four parliamentary colleagues from the Illawarra, the honourable member for Bulli, the honourable member for Kiama, the honourable member for Wollongong and the honourable member for Illawarra. I have written on behalf of the St Elias Antiochian church to every member of Parliament in New South Wales. The parish association has been resolute in pursuing the issue.

A few months ago the Parliament unanimously passed the Antiochian Orthodox Church Property Trust Bill, the purpose of which supposedly was to assist the church in the administration of its affairs in New South Wales. However, the bill turned out to be a nightmare for some parishes. The Parliament has been inadvertently misled by the Attorney General, who advised us that the bill had the full support of all parishioners of the Antiochian Orthodox Church in New South Wales. I can assure honourable members that that is not the case. The parishes in Wollongong have pointed that out vividly to me and my colleagues. No parishioners from St Elias were consulted or even advised that the Parliament was debating a bill which could have far-reaching effects on their social and religious structure.

Upon inquiring into the matter we were advised by the Attorney General that the hierarchy of the church had resolved all the differences with parishioners and that the bill had received the full support of the Antiochian Orthodox community in New South Wales. I remind the Parliament that the bill was deferred in 1992 after we learned of strong opposition from parishioners. It is with deep regret that I have to report to the Parliament that the legislation has not one single supporter from the St Elias Antiochian Orthodox Church, Wollongong. The Attorney General was made aware of this fact and was urged not to proclaim the Act. However, despite strong representations from the St Elias parish and other parishes - individual parishes in Sydney - the Attorney General acceded to the wishes of the Patriarch and proclaimed the Act on 3rd September. It has been stated that this is not a fact.

Mr Photios: It is now law. It has been gazetted.

Mr MARKHAM: This is clearly against the wishes of many citizens who were given false hope by the Attorney General. It is my understanding that shortly after the Act was proclaimed Bishop Gibran, the head of the Antiochian Orthodox Church in Australia, retaliated viciously against the parish of St Elias by ordering the two priests who normally celebrate the Holy Liturgy at St Elias not to do so any longer, and the parish has not been able to celebrate any Holy Mass since. The parishioners of St Elias, Wollongong, have been left shattered. They have a sense of having been betrayed by the Government and their church.

We should be aware that the St Elias parish has operated as a legally registered company since 1979 in accordance with the Companies Act 1961. Members of the parish are law abiding citizens who have worked very hard for the church of St Elias for the past 13 years and have made outstanding achievements without any help from their bishop or the Government, only to see their rights violated in the worst possible way - that is, with the full approval of the Parliament, whose main charter is to protect the rights of our citizens and uphold democracy.

In accordance with section 4 of the memorandum of association, St Elias Antiochian Orthodox Parish Association Wollongong Limited holds and administers all property of the parish as a sole body. The Antiochian Orthodox Church Property Trust Act, schedule 1, lists St Elias Antiochian Orthodox Parish Association Wollongong Limited as one of the companies which hold properties in trust for the church. Section 14(1) of the Act states:

Any property that was, immediately before the appointed day, vested in a Company or in any other person in trust for the Church is, on that day, divested from that company or that person and is, to the extent that it was so vested, vested (without conveyance) in the Trust.

Taking these facts into consideration, it would appear that the Act has no effect on St Elias parish. I ask the Attorney General to clarify the legal position of the St Elias parish as a matter of urgency. I am sure honourable members agree with me that the Parliament is in the business of protecting the rights of our citizens and certainly not in the business of ripping off people. [Time expired.]

Mr PHOTIOS (Ermington - Minister for Multicultural and Ethnic Affairs, and Minister Assisting the Minister for Justice) [5.34]: I well appreciate the concerns of the honourable member for Keira in relation to this matter. The Attorney General and I took a keen interest in it. We recently met with Archbishop Gibran, who is the leader of the Antiochian Church in New South Wales and indeed in Australia. It was our firm understanding, as it was the understanding of the Patriarch himself, who has written to us on two occasions, that it is the wish of the church, both universally and nationally - not to mention locally - to proceed with the legislation. It is appropriate to note that the legislation was passed
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unanimously by both Houses. So it was supported by the Government, the Opposition, the Independents and the minor parties.

When Archbishop Gibran met with the Attorney General and me he gave us verbal and written assurances that there was appropriate consultation with communities. We believe that advice to be correct. We stand by the archbishop and we view with considerable concern the attempt now by the honourable member for Keira to cast aspersions on the credibility of the archbishop and the patriarch of the church. The property involved is the property of the church, not of any individual parish. That is what the Parliament confirmed unanimously in both Houses. That point ought to be made very clear. For the benefit of the honourable member for Keira I confirm once again that the archbishop and the patriarch assured the Government by correspondence that there had been appropriate consultation and that the matter was supported by the church. This was confirmed by the patriarch in correspondence.

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