Disputes concerning the Professional Standards Ordinance of an Anglican diocese are justiciable where the diocese's synod is an incorporated association (rules binding under s 23 of the Associations Incorporation Act 1985 (SA)) and where the clergyperson's licence confers rights connected with Church property within s 3 of the Anglican Church of Australia Constitution Act 1961 (SA). Clerical benefices and stipends are forms of 'property' for these purposes. A fitness-for-office inquiry under a professional standards ordinance is distinct from disciplinary proceedings for charges, and may examine conduct whenever occurring to assess present fitness.
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