Constitution of Urabba Parks/Section 100

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Chapter 4 >>Part 2 >>Division 2 >>Subdivision A >>Section 100

Provisions relating to independent governance places[edit | edit source]

(1)  The removal of the occupant of an independent governance place (category W) is void unless the occupant is removed by:

(a)  personnel of senior rank appointed to the entity of which the occupant is appointed; or
(b)  a person or body not falling in paragraph (a) upon on an address agreed to by each House of the Parliament or a each deliberative component of a legislature of a jurisdictional division in the same session.

(2)  A resolution of a House of the Parliament, of both Houses of the Parliament or a parliamentary body of a jurisdictional division under paragraph (1)(b) is void if the Visitatorial Commission has not determined the grounds for the proposed removal are reasonable.

Connection of entities[edit | edit source]

(3)  A person is a connected entity of the holder of a visitatorial place (category V) (the place holder) if the person:

(a)  is subject to the spiritual jurisdiction of the place holder; or
(b)  is an officer, employee, consultant or volunteer of an entity in the foundation influence group of which the place holder is a member, or of which the place holder is an officer.

Table of places[edit | edit source]

(4)  The following table sets out registration items:

Registration table 4—Independent governance places
Item Description of place Category
4 The independent governance service of Urabba Parks
4.0.x Entity appointed as one of the following:
(a) auditor of Urabba Parks;
(b) entity engaged to provide assurance on the financial statements of Urabba Parks or a related service to the delivery of such assurance;
(c) the engagement partner of an entity falling in this item;
(d) professional employee who works under the direction or supervision of a person falling in this item who may represent the person at proceedings of Urabba Parks.
Z
4.e Entity of the independent governance service
4.e.0 Governing body of an entity of the independent governance service
4.e.0.0.y Senior member of the governing body of an entity of the independent governance service or deputy
4.e.0.a.y Member of the governing body of an entity of the independent governance service or alternate W
4.e.v.0.y Team leader of an independent governance entity or deputy, who must also occupy a place falling within item 4.e.v.g.x in the team
4.e.v.g.x Personnel of the independent governance service E, W
4.e.1.0.y Head of an independent governance entity or deputy, who must also occupy a place falling within item 4.e.v.0.y in the entity
4.1 Urabbaparcensian Inspectorate
4.1.0 Visitatorial Commission
4.1.0.0.y Chairman of the Visitatorial Commission or Deputy
4.1.0.x.y Commissioner of the Visitatorial Commission or Alternate Commissioner appointed upon nomination of a Commissioner V
4.1.0.x.P Presenter of a Commissioner of the Visitatorial Commission V
4.1.1.0.y Secretary of the Visitatorial Commission or Deputy V, S
4.2 Internal Audit Urabba Parks E
4.3 Inquiries Urabba Parks
4.3.0.q Enactorial Commission of Inquiry
4.3.0.q.x Enactorial Commissioner, being presented by a member of Urabba Parks W, Q
4.3.0.q.x.P Presenter of an Enactorial Commissioner, being a service member
4.4 Elections Urabba Parks
4.4.0 Electorate Allocation Council
4.4.0.0.y President of the Electorate Allocation Council or Deputy
4.4.0.x.y Member of the Electorate Allocation Council or alternate, being the occupant of:
(a) an independent management place (category I);
(b) a judicial place (category J);
(c) a visitatorial place (category V);
(d) a place falling under item 4.4.1.0.y
4.4.1.0.y The Returning Officer of Urabba Parks or Deputy
4.5 Governance Integrity Urabba Parks
4.6 Remuneration Urabba Parks
4.6.0 Remuneration Council
4.6.0.0.y President of the Remuneration Council or Deputy
4.6.0.x.y Member of the Remuneration Council or Alternate W
4.7 Ombudsman Urabba Parks W
4.8 Productivity Urabba Parks W
4.9 Governance Consultative Bodies Urabba Parks
4.9.0 Council of Independent Governance Consultative Bodies
4.9.0.0.y President of the Council of Independent Governance Consultative Bodies
4.9.0.b.y Member of the Council of Independent Governance Consultative Bodies, being elected by the consultative body
4.9.b Independent governance consultative body
4.9.b.0.y Senior member of an independent governance consultative body
4.9.b.x Member of an independent governance consultative body W

Relevant notes from the Explanatory Memorandum[edit | edit source]

251. The intent of this section is to set out the structure for the independent governance service. The intended purpose of the independent governance service is to ensure that the governance process is adequately furthering the charitable purposes of Urabba Parks; it does this by conducting internal audits, enquiries and elections, determining remuneration for some senior officials, and operating entities such as Ombudsman Urabba Parks.

252. Subsection (1) provide that where the holder of an independent governance place (category W) is to be removed by a person other than personnel of senior rank appointed to the entity of which the occupier is appointed, the removal must be done on the agreed to by each House of the Parliament or a each deliberative component of a legislature of a jurisdictional division in the same session. Subsection (2) provides the grounds of removal must be determined reasonable by the Visitatorial Commission before the vote on such address takes place in the House. Members of the independent governance service hold category W places and are subject to this provision.

253. Subsection (3) provides that a person is a connected entity of the holder of a visitatorial place if the person is under the spiritual jurisdiction of the place holder, or is an employee, consultant or volunteer of an entity in the foundation influence group of which the place holder is a member, or of which the place holder is an officer. This provision is to ensure that holders of visitatorial places do not vote on matters involving somebody having authority over them.

254. Subsection (4) includes registration table 4, which sets out places in the independent governance service of Urabba Parks (item 4) (independent governance places), including:

(A) the company auditor (item 4.0.x) – this place is a place associated with those engaged to provide assurance and professional advisory services (category Z), allowing for the indemnity of the auditor as an indemnified person (see note 221 regarding indemnity);
(B) places common to entities in the independent governance service (item 4.e) including governing bodies (item 4.e.0) with their senior members (item 4.e.0.0.y) and members and alternates (item 4.e.0.a.y), team leaders (item 4.e.v.0.y), personnel (item 4.e.v.g.x) and entity heads (item 4.e.1.0.y);
(C) the Urabbaparcensian Inspectorate (item 4.1) including the Visitatorial Commission (item 4.1.0), the Chairman (item 4.1.0.y ), the Commissioners and Alternate Commissioners (item 4.1.0.x.y), as well as presenters of Commissioners (item 4.1.0.x.P) and the Secretary of the Visitatorial Commission (item 4.1.1.0.y);
(D) Internal Audit Urabba Parks (item 4.2.x);
(E) Inquiries Urabba Parks (item 4.3), including Enactorial Commissions of Inquiry (item 4.3.0.q) comprised of Enactorial Commissioners (item 4.3.0.q.x) being presented by service members (item 4.3.0.q.x.P) – note the place of a Enactorial Commissioner is an inquisitorial place (category Q);
(F) Elections Urabba Parks (item 4.4) including the Electorate Allocation Council (item 4.4.0), its President (item 4.4.0.0.y) and members (item 4.4.0.x.y) (with each member occupying a place in categories I, J or V, or the place of the Returning Officer), and the Returning Officer (item 4.4.1.0.y);
(G) Governance Integrity Urabba Parks (item 4.5);
(H) remuneration Urabba Parks (item 4.6), including the Remuneration Council (item 4.6.0), its President (item 4.6.0.0.y) and members (item 4.6.0.x.y);
(I) Ombudsman Urabba Parks (item 4.7);
(J) Productivity Urabba Parks (item 4.8);
(K) Governance Consultative Bodies Urabba Parks (item 4.9) including the Council of Independent Governance Consultative Bodies (item 4.9.0) and its President (item 4.9.0.0.y) and members (item 4.9.0.b.y), the numerous independent governance consultative bodies (item 4.9.b ), their senior members (item 4.9.b.0.y) and members (item 4.9.b.x).