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The Military Ordinariate of Australia
Statutes
I. Military Vicariate.
The Military Vicariate of Australia was formally established by the Apostolic Letter « Summi Pastoris » of Pope Paul VI on 6 March 1969. This Apostolic Letter was published in the Acta Apostolicae Sedis of 30 December 1969. On 16 July 1970, by Apostolic Authority, the Blessed Virgin Mary, under the title « Help of Christians », was proclaimed Principal Patroness of the Military Vicariate of the Defence Force of Australia with all appropriate liturgical honours and privileges. It is important to record that prior to the establishment of the Vicariate, the Catholic Church in Australia had through its bishops and priests, vigilantly and zealously watched over those faithful who were connected in any way with the Armed Forces.
Following Federation, Most Reverend T.J. Carr, Archbishop of Melbourne, was given the responsibility by the Catholic Church in Australia of obtaining Catholic Chaplains for the Armed Forces, and maintaining a pastoral care of the faithful, who were members of these Forces. Following the death of Archbishop Carr in 1917, Most Reverend D. Mannix was appointed to assume the responsibilities of his predecessor — a responsibility he retained until his death in November, 1963. In 1964, Most Reverend T. McCabe, Bishop of Wollongong, was appointed by the Holy See « a director of the spiritual care of personnel of the Armed Forces of Australia » and held that office until 1969 — the year of the establishment of the Military Vicariate of Australia. Most Reverend J. A. Morgan was appointed first Military Vicar of the newly established Vicariate in May 1969, until his retirement in 1984. Ile was succeeded on 1 January 1985 by the Most Reverend G. F. Mayne.
II. The Military Ordinariate.
The Military Ordinariate of Australia, juridically comparable to a diocese, is entrusted to the Military Ordinary appointed by the Supreme Pontiff and is a personal and territorial jurisdictional structure erected by the Holy See («Summi Pastoris», 1969, «Spirituali Militum Curae», 21 July 1986), for the spiritual and pastoral care of those attached to the Defence Force of Australia (as listed in Articles V and VII below), who must be considered ministers of the security and freedom of peoples and as truly contributing to stabilising peace if they carry out their duties properly.
III. The Military Ordinary.
(a) The Military Ordinary is a proper Ordinary by reason of his office (cf Can. 131). He has the rights and obligations of a Diocesan Bishop.
(b) The Military Ordinary is subject to the Congregation for Bishops.
(c) The Military Ordinary is by right, a member of the Australian Episcopal Conference.
(d) Because of his special pastoral mission, the Military Ordinary normally will be free of other duties involving care of souls, unless particular circumstances require otherwise.
(e) The Military Ordinary will present a Quinquennial Report to the Holy See on the affairs of the Ordinariate, according to the prescribed formula. He is also bound by the laws concerning visits “ad limina”.
(f) The Military Ordinary is to be the bishop nominated by the Australian Episcopal Conference to the Minister for Defence as the Catholic Bishop to the Defence Force and as Catholic member of the Religious Advisory Committee to the Services or its equivalent.
(g) In all juridical transactions, the Military Ordinary acts in the person of the Military Ordinariate (cf Cann. 118, 393).
(h) In accordance with the provisions of Can. 114, he may delegate an aggregate of persons for the purposes mentioned therein.
IV. The Jurisdiction of the Military Ordinary is:
(a) Personal — it extends to the persons designated in Articles V and VII below, in such manner as it can be exercised, even beyond the national boundaries.
(b) Ordinary — for both the internal and external forum.
(c) Proper — but cumulative with the jurisdiction of the diocesan bishop, because persons belonging to the Ordinariate do not cease to be the faithful of that local Church of which they are members by reason of domicile or rite. The areas, places and establishments proper to the Defence Force and reserved to military personnel, the persons designated in Articles V and VII below, fall primarily and principally under the jurisdiction of the Military Ordinary, and secondarily under that of the diocesan bishop, as often as the Military Ordinary or his chaplains are absent or impeded. In such cases, both the diocesan bishop and the local parish priest act in their own right.
V. The Presbyterate.
(a) The Presbyterate of the Military Ordinariate is formed by those priests, both secular and religious, who with the consent of their own ordinary or religious superior, are accepted by the Military Ordinary for either full-time or part-time chaplaincy or Service in the Ordinariate.
(b) It is for the Military Ordinary to appoint chaplains. All chaplains are nominated by the Military Ordinary for their commission as officers of the Armed Forces.
(c) A chaplain is:
1. a priest commissioned in any of the Armed Forces on full-time duty.
2. a priest commissioned in any of the Armed Forces on part-time duty.
3. a priest without a commission in any of the Armed Forces who is called upon to act as chaplain in a temporary capacity.
(d) Throughout their agreed period of Service, the priests who comprise the full-time Presbyterium of the Military Ordinariate, are subject to the jurisdiction of the Military Ordinary. Priests on part-time or temporary duty are responsible to the Military Ordinary whenever they carry out their responsibilities in any matters relating to the Military Ordinariate.
(e) All members of the Presbyterium of the Ordinariate receive their ecclesiastical jurisdiction from the Military Ordinary. Within the limits of their pastoral assignment and in regard to the persons committed to their care in accordance with the Apostolic Constitution «Spirituali Militum Curae», chaplains in the Ordinariate have the obligations and duties and enjoy the rights of parish priests (Can. 515 et seg.), unless the nature of things or some particular statutes indicate otherwise. This jurisdiction is cumulative with the parish priest of the place, as in Article IV above.
(f) As far as possible, diocesan bishops and the competent religious superiors should release or make available to the Military Ordinariate a sufficient number of priests to carry out its mission.
(g) According to the norms of law, the Military Ordinary may incardinate clerics into the Ordinariate.
(h) The Military Ordinary may accept students for the Ordinariate priesthood, send them to the seminary of his choice and promote them to Holy Orders once they have completed the specific spiritual and pastoral formation required.
(i) The Military Ordinary will be carefully concerned for religious and members of societies of apostolic life who serve in the Ordinariate so that, in fidelity to their vocation and the identity of their own institute, they may maintain dose relationship with their superiors.
(j) Faculties of the Ordinariate are granted to a chaplain from the time he is officially commissioned, and are valid for the entire term of his Service, or until they are revoked by the Military Ordinary. Those faculties belonging to a chaplain from common law by virtue of his appointment to a position equivalent to that of a parish priest are not listed normally in the Ordinariate faculties.
VI. Military Status of Chaplains.
In respect of military rank, uniform, pay and conditions of service, chaplains are subject to Defence Force and individual Service regulations. The Ordinary, as a member of the Religious Advisory Committee to the Services, has a consultative and advisory role in these matters.
VII. Subjects of the Military Ordinariate. Besides those already indicated, the following belong to the Military Ordinariate and come under its jurisdiction:
(a) All Catholic personnel serving with the Royal Australian Navy, the Army and the Royal Australian Air Force, as well as those Catholics who are at the Service of the Defence Force provided that they are bound to this by civil law.
(b) All the members of their families, viz., their spouses, children, relatives, employees and members of their households, provided they reside with them, wherever they live, either in Australia or overseas; likewise the Catholic families of such personnel, not Catholic.
(c) Catholics, whether religious or lay, who attend military establishments, or who live or work in military hospitals or other institutions reserved to the Australian Defence Force.
(d) Catholic military personnel of nations other than Australia when attached to the Australian Defence Force. Also their Catholic dependants, viz., spouses, children, relatives, employees and members of their households; likewise the Catholic dependants of such military personnel, not Catholic.
(e) All Catholics, both men and women, whether religious or lay, who hold some permanent post in the Ordinariate or carry out a permanent task committed to them by the Military Ordinary, or with his consent.
VIII. Lay Apostolate.
Since all the faithful ought to co-operate in building up the Body of Christ, the Ordinary and his presbyterium should be concerned that the faithful laity of the Ordinariate, both individually and working together, play their part as an apostolic and missionary leaven among their fellow Defence Force personnel and dependants.
IX. Ordinariate Composition.
(a) The Seat and Chancery of the Military Ordinariate are established in the Federal Capital, Canberra, ACT. The current address is: Catholic Chancery, 30 White Crescent (PO Box 63), Campbell, ACT 2601.
(b) At the discretion of the Ordinary, there may be up to three Vicars General.
(c) There will be a Council of Priests with its own statutes, approved by the Ordinary, and a College of Consultors in accordance with the Code of Canon Law (eg Can. 502).
(d) There will be an Ordinariate Finance Committee and financial administration as required by Canon Law (Cann. 492-494).
(e) In case of vacancy, the Senior Vicar General by appointment will assume governance of the Ordinariate until such time as he can convene the College of Consultors in order to elect an Ordinariate Administrator in accordance with the norms of Canon Law.
(f) When the Ordinary is impeded from exercising his office, the governance of the Ordinariate devolves on the Senior Vicar General by appointment.
X. Ordinariate Pastoral Council.
If pastoral circumstances suggest, the Ordinary may establish a Pastoral Council in accordance with Cann. 511-514.
XI. Marriage Tribunals.
The tribunal of the Archdiocese of Canberra/Goulburn acts as court of first instance for judicial cases concerning the faithful of the Ordinariate. The tribunal of the Archdiocese of Sydney acts as court of second instance.
XII. Ordinariate Records.
(a) Registers of Baptism, Confirmation, admission into full communion with the Church, Marriage, permission for mixed religion marriage, dispensation in respect of impediments to marriage, validation of marriage, decree of nullity of marriage, etc, are to be preserved at the Chancery office at Campbell, ACT.
(b) Certification of Baptism may be made by chaplains from the records at the place of Baptism as well as by the Chancery Records Office. All other certification may be made only by the Chancery Records Office.
XIII. Statutes In Force. These Statutes, upon approval by the Holy See, shall take force one month from the date of their publication by the Military Ordinariate of Australia and so they will be effective from 1 November 1988. Any modification of these Statutes shall be subject to approval by the Holy See.