Constitution of Urabba Parks/Outline
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Outline of the Bill
The future of society as we know it depends on inclusive and effective governance structures. Faced with the difficult issues of climate change, and a global health, economic and social crisis, we need more representative governance frameworks and responsible management structures to deliver services which are relevant to our needs as people. Moving forward we need to combine charity, which is the intent of improving the living situation of other people, and democracy, which is the input of the lived experiences of those people into the making of decisions.
The best way to achieve all of this is to fuse charity and democracy in the manner of a ‘charitable democracy’; a society of people who, while sharing the same goal, all take part in how the goal is achieved. Once enacted, and subject to the commencement provisions, this Bill would adopt for Urabba Parks Proprietary Limited a Constitution establishing it as a non-state jurisdiction. The Constitution defines a ‘non-state jurisdiction’ as an entity, other than a state jurisdiction (being a sovereign state, or part thereof), that organises itself on a jurisdictional basis. Establishing an organisation on a jurisdictional basis would require the limitation of the powers of the organisation to be those authorised under the law of the organisation, and the recognition of a judicial power having jurisdiction over that law, as separate from legislative and executive powers. This has been my intention with Urabba Parks ever since I purchased the quarter-acre block known as Urabba Street Reserve on 10 August 2011.
The Constitution as set out in this Bill draws inspiration from the Constitution of the Commonwealth. Chapter 1 establishes a Parliament that governs the internal management of Urabba Parks and its constituent organisations, called ‘entities’ (including jurisdictional divisions, campus government entities and associations), by way of enactment of laws. Chapter 2 establishes an Executive Government, which administers the law and is responsible to the legislature, operates agencies that provide services to entities, whether it is for compliance monitoring in relation to responsibilities of entities under Australian laws, or marketing, operational and administrative support. And should the legality of any act done, whether by the Executive Government or by an entity, is called into question, the matter can be arbitrated by a judicature the independence of which is guaranteed by Chapter 3.
Nothing in this Bill is intended to derogate from the continuance of Urabba Parks as a registered charity under the Australian Charities and Not-for-profits Commission Act 2012 of the Parliament of the Commonwealth. The Constitution establishes safeguards over the resources of Urabba Parks to ensure they are applied towards the furtherance of its charitable purposes, including contained in Chapter 4 including restrictions on the distribution on surplus funds on winding-up, a system of charity distributions to eligible charities chosen by members of Urabba Parks, an approved benefits regime and an independent governance service. The approved benefits regime allows for the payment of officers and related parties of Urabba Parks but with such remuneration not being higher than that determined by a body in the independent governance service. Headed by the Visitatorial Commission, the independent governance service conducts internal audits, elections for office holders, Commissions of Inquiry and determines remuneration.
Chapter 5 establishes the system of jurisdictional divisions, outlines the structure of campus government entities, and provides some basic rules around membership of Urabba Parks, whilst Chapter 6 provides for procedures for the alteration of the territorial limits of jurisdictional divisions. Chapter 7 provides for some miscellaneous matters such as the Seat of Government, Chapter 8 provides for a mechanism known as a referendum to alter this Constitution and authorise entrenched matters. Chapter 9 establishes a system of review of the legislative performance of the Parliament in relation to its responsibilities as the principal governing body of a registered charity and under the Urabba Parks Bill of Rights contained in Part 2 of Chapter 9. Schedule 1 sets out the oath, affirmation and declaration of responsibility, while Schedule 2 contains the table of entrenchments.
Upon the establishment of jurisdiction, Urabba Parks will consist of the Enactor only and as a result is alone vested with judicial as well as legislative and executive power. However, the governance framework established by the Constitution allows for organs of governance and management to be formed and expanded as Urabba Parks develops new programs and acquires organisations. This flexibility will help Urabba Parks readily adapt to meet the challenges it will invariably face as it advances humanity and the environment together.