THE Australian Anglican Church's highest court, the Appellate Tribunal, has been asked to deliberate on whether a General Synod canon is required before women bishops can be consecrated or appointed.

The tribunal reference, requested by 28 General Synod members under the terms of the Church's constitution, asks whether there is anything in the constitution to prevent the consecration of a woman bishop now in a diocese that has adopted the 1992 General Synod legislation concerning women priests.

The constitution's definition of canonical fitness for bishops is that they be at least 30, baptised, and in priests' orders.

The move follows the defeat of a canon brought to General Synod last October, where the overall vote in favour of the canon was 62 per cent. A 66-per-cent vote in each of the three Houses was required for the canon to be passed provisionally. It would require a similar level of support at the next General Synod meeting, scheduled for 2007, to become law.

After the defeat, the General Synod passed a resolution noting its support for women bishops "in principle".

The president of the tribunal, Justice Peter Young of the New South Wales Supreme Court, told The Age that the tribunal process would take between seven and nine months.

The tribunal consists of three bishops and four senior lawyers.