Constitution of Urabba Parks/Section 116

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Chapter 5 >>Part 2 >>Division 2 >>Subdivision A >>Section 116

Intentions of the Founder. Matters relating to the Church[edit | edit source]

The intentions of the Founder[edit | edit source]

(1)  It is the intention of the Founder that Urabba Parks:

(a)  in honour of the Almighty God, shall have the advancement of humanity and the environment together as its overarching purpose;
(b)  in honour of his Grandfather and his ancestors – shall be Hellenic in its incipient character;
(c)  in honour of Australia and its Indigenous people, shall have Landcare as its perficient character;
(d)  in honour of its purpose and character, shall have charity as its incipient nature; and
(e)  in honour of the Australian community, shall have democracy as its perficient nature.

(2)  The values of Urabba Parks shall be:

(a)  responsibility – by acknowledging its obligations and the legitimate expectations placed upon it;
(b)  accountability – by holding its people and institutions to account to ensure they are acknowledging their responsibility and acting in a lawful and professional manner; and
(c)  creativity – by fostering a culture of innovation which enables it to best and most efficiently fulfil its obligations and the legitimate expectations placed upon it;

being the values of Urabba Parks intended by the Founder (the foundational values), and other values as adopted by Urabba Parks from time to time not inconsistent with such values.

Effect of certain laws relating to religion[edit | edit source]

(3)  A law of Urabba Parks shall be void to the extent the law deals with any of the following matters:

(a)  establishes any religion, but not as to affect the validity of a law establishing or governing an entity falling in item 7.11.e of the table in subsection 112(5) being part of a wider religious movement;
(b)  imposes any religious observance;
(c)  prohibits the free exercise of any religion;
(d)  authorises the publication of the Holy Scripture, unless also authorised by the Archdiocese and subject to the terms and conditions provided in such authorisation.
(e)  imposes a religious test as a qualification for a place that is any of the following:
(i)  a representative place (category B) or parliamentary management place (category P);
(ii)  a corporate service place (category C), defence place (category F) or external relations place (category X);
(iii)  a judicial place (category J) or legal system place (category K);
(iv)  an independent governance place (category W);
(v)  a municipal place (category L).

Ecclesial places[edit | edit source]

(4)  This table sets out registration items:

Registration table 7.11.1—Ecclesial places
Item Description of place Category
7.11.1 The Eastern Orthodox Church of Christ in Urabba Parks (the Church in Urabba Parks)
7.11.1.0.0.0.0.0.0.1 The Holy, Consubstantial and Indivisible Trinity
7.11.1.0.0.0.0.0.0.1.1 The Father The Creator
7.11.1.0.0.0.0.0.0.1.2 The Son The Lord Jesus Christ Head of the Church
7.11.1.0.0.0.0.0.0.1.3 The Holy Spirit
7.11.1.0.0.0.0.0.x Patron Saint of Urabba Parks
7.11.1.0.0.0.0.0.1 Saint Paul the Apostle
7.11.1.0.0.0.0.x Head of Jurisdiction of the Great Church of Christ in Constantinople or a Church of Christ in communion or doctrinal union with the Church
7.11.1.0.0.0.0.1 His All Holiness The Ecumenical Patriarch of Constantinople and Head of the Holy and Sacred Synod V
7.11.1.0.0.0.y The Visitor of the Church or Deputy, being a Bishop of the Archdiocese V
7.11.1.0.0.y The Governor of the Church in Urabba Parks or Deputy
7.11.1.0.d A Department of the Church (a Department)
7.11.1.0.d.0 Committee of management of a Department
7.11.1.0.d.0.0.y Senior member of the committee of management of a Department
7.11.1.0.d.0.x Member of the committee of management of a Department, being appointed by or with the consent of both the Archdiocese and Urabba Parks M*, V**

A place falling in this item only falls in a single-asterisked category if the place also falls in category V or may only be occupied by a person who also falls in item 7.11:e.s.x

A place falling in this item only falls in a double-asterisked category if the place may only be occupied by:

(a) a Bishop of the Archdiocese; or

(b) a person who also falls in item 7.11:e.s.x

7.11.1.0.d.v.0.y Team leader of a Department or deputy
7.11.1.0.d.v.x Personnel of a Department, being appointed by or with the consent of both the Archdiocese and Urabba Parks E*, N**, V**

A place falling in this item only falls in a single-asterisked category if the place also falls in category N or V or is also occupied by a person who also falls in item 7.11:e.s.x

A place falling in this item only falls in a double-asterisked category if occupied by:

(a) a person officially exercising spiritual functions under the spiritual jurisdiction of a person falling in item 7.11:e.0.0.x; or

(b) a person who also falls in item 7.11:e.s.x

7.11.1:e An entity of the Church (an entity), being a parish congregation or religious order
7.11.1:e.0.0 Committee of management of an entity
7.11.1:e.0.0.0.y Senior member of the committee of management of an entity
7.11.1:e.0.0.x Member of the committee of management of an entity, falling in item 7.11.1.d.s.x M
7.11.1:e.0.v.0.y Team leader of an entity or deputy
7.11.1:e.0.v.x Personnel of an entity, falling in item 7.11.1.d.s.x E, N
7.11.1:e.s.x Registered member of the Church, being appointed by or with the consent of both the Archdiocese and Urabba Parks upon presentation by a member of the latter
7.11.1:e.s.x.P Presenter of a member of the Church, being a member of Urabba Parks

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

288. This section entrenches as an operative provision of this Constitution the overarching purpose and character of Urabba Parks as set out in the preamble to the Statute:

(A) by declaring, in honour of the Almighty God, the advancement of humanity and the environment together as the overarching purpose – this is intended to be the ‘trinity of purpose’ to honour God by promoting the causes of the people, as the children of God, while also exercising responsible stewardship of the environment;
(B) by declaring, in honour of his Grandfather and his ancestors, Hellenic in its incipient character – the Hellenic people are said to be descendants of Hellen, who is in turn a descendant of Gaia, the personification of Earth, and have been instrumental in the institutional development of humanity, with Ancient Greece being credited with the promotion of democracy;
(C) by declaring, as intention of the Founder and in honour of Australia and its Indigenous people, Landcare as the perficient character – the Aboriginal and Torres Strait Islander people, having inhabited Australia for at least 70,000 years, have a strong and permanent connection to their ancestral lands, and Landcare in this sense is intended to honour these ancient bonds in the context of responsible environmental stewardship;
(D) by declaring, as intention of the Founder and in honour of its purpose and character, charity as the incipient nature – in this sense ‘charity,’ being the act of giving and caring, is the concept of purpose that inspired the creation of Urabba Parks and provides a reason for its continued existence;
(E) by declaring, as intention of the Founder and in honour of the Australian community, democracy as its perficient nature – the modern Commonwealth of Australia is formed as a liberal parliamentary democracy governed by the rule of law, and having democracy as the perficient nature allows for its ‘perfection’ of the incipient nature of charity by allowing for the participation in the governance of key stakeholders;
(F) by declaring the values of Urabba Parks, including the ‘foundational values’ intended by the Founder, such as:
(i) responsibility – by acknowledging its obligations and the legitimate expectations placed upon it;
(ii) accountability – by holding its people and institutions to account to ensure they are acknowledging their responsibility and acting in a lawful and professional manner; and
(iii) creativity – by fostering a culture of innovation which enables it to best and most efficiently fulfil its obligations and the legitimate expectations placed upon it;
and also provides the adoption of other values not inconsistent with them;
(G) by voiding laws:
(i) establishing any religion, but not as to affect the validity of a law establishing or governing an entity falling in item 7.11.e of the table in subsection 112(5) being part of a ‘wider religious movement,’ such as The Eastern Orthodox Church of Christ;
(ii) imposing any religious observance;
(iii) prohibiting the free exercise of any religion;
(iv) imposing a religious test as a qualification for a place in category B, C, F, J, K, L, P, W or X; and
(v) authorising the publication of the Holy Scripture, unless also authorised by the Archdiocese and subject to the terms and conditions provided in such authorisation;
(H) includes registration table 7.11.1 setting out ecclesial places in The Eastern Orthodox Church of Christ in Urabba Parks (the Church in Urabba Parks) (item 7.11.1), including:
(i) The Holy, Consubstantial and Indivisible Trinity (item 7.11.1.0.0.0.0.0.0.1) including The Father The Creator (item 7.11.1.0.0.0.0.0.0.1.1), The Son The Lord Jesus Christ Head of the Church (item 7.11.1.0.0.0.0.0.0.1.2) and The Holy Spirit (item 7.11.1.0.0.0.0.0.0.1.3);
(ii) patron saints (item 7.11.1.0.0.0.0.0.x), including Saint Paul the Apostle (item 7.11.1.0.0.0.0.0.1);
(iii) Head of Communion of the Great Church of Christ in Constantinople or a Church of Christ in doctrinal union with the Church (item 7.11.1.0.0.0.0.x), including His All Holiness The Ecumenical Patriarch of Constantinople and Head of the Holy and Sacred Synod (item 7.11.1.0.0.0.0.1) – His All Holiness is taken to hold a visitatorial place (category V);
(iv) the Visitor of the Church or Deputy, being a Bishop of the Archdiocese (item 7.11.1.0.0.0.y) – places in this item are category V;
(v) the Governor of the Church in Urabba Parks or Deputy (item 7.11.1.0.0.y);
(vi) places associated with governance of Departments of the Church (item 7.11.1.0.d), including committees of management (item 7.11.1.0.d.0), their senior members (item 7.11.1.0.d.0.0.y) and members (item 7.11.1.0.d.0.x) – the place of a member could fall in categories M and V provided it is to be occupied by a Bishop of the Archdiocese or person who also falls in item 7.11:e.s.x;
(vii) places associated with management and operation of Departments including team leaders (item 7.11.1.0.d.v.0.y) and personnel (item 7.11.1.0.d.v.x) – places falling in this item could fall in categories E, N or V if occupied by a person officially exercising spiritual functions under the spiritual jurisdiction of a person falling in item 7.11:e.0.0.x or a person who also falls in item 7.11:e.s.x;
(viii) places associated with governance of entities of the Church, being parish congregations and religious orders (item 7.11:e) including committees of management (item 7.11:e.0.0), their senior members (item 7.11:e.0.0.0.y) and members (item 7.11:e.0.0.x) – the place of a member could fall in category M provided it is to be occupied by a person who also falls in item 7.11:e.s.x;
(ix) places associated with management and operation of entities of the Church including team members (item 7.11:e.0.v.0.y) and personnel who also fall in item 7.11:e.s.x (item 7.11:e.0.v.x) – a place falling in this item could fall in categories E and N; and
(x) registered members of the Church, being appointed by or with the consent of both the Archdiocese and Urabba Parks upon presentation by a member of the latter (item 7.11:e.s.x) and their presenters, being members of Urabba Parks (item 7.11:e.s.x.P) – any member of Urabba Parks may present a suitable person for appointment as a registered member of the Church.