Editing Constitution of Urabba Parks/Section 100
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[[Constitution of Urabba Parks/Contents|Table]]|[[Constitution of Urabba Parks/Notes|Notes]]|[[Constitution of Urabba Parks/Section 99|Previous]]|[[Constitution of Urabba Parks/Section 101|Next]]|[[Constitution of Urabba Parks/Download|Download]] | [[Constitution of Urabba Parks/Contents|Table]]|[[Constitution of Urabba Parks/Notes|Notes]]|[[Constitution of Urabba Parks/Section 99|Previous]]|[[Constitution of Urabba Parks/Section 101|Next]]|[[Constitution of Urabba Parks/Download|Download]] | ||
= Provisions relating to independent governance places = | = Provisions relating to independent governance places = | ||
(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 == | ||
(3) A person is a connected entity of the holder of a visitatorial place (category V) (the '''''place holder''''') if the person: | (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 == | ||
(4) The following table sets out registration items: | (4) The following table sets out registration items: | ||
{| class="wikitable" | {| class="wikitable" | ||
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! style="width: 20%; text-align:left;"|'''Category''' | ! style="width: 20%; text-align:left;"|'''Category''' | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4 | ||
|The independent governance service of Urabba Parks | |The independent governance service of Urabba Parks | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.0.x | ||
|Entity appointed as one of the following: | |Entity appointed as one of the following: | ||
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|Z | |Z | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.e | ||
|Entity of the independent governance service | |Entity of the independent governance service | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.e.0 | ||
|Governing body of an entity of the independent governance service | |Governing body of an entity of the independent governance service | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.e.0.0.y | ||
|Senior member of the governing body of an entity of the independent governance service or deputy | |Senior member of the governing body of an entity of the independent governance service or deputy | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.e.0.a.y | ||
|Member of the governing body of an entity of the independent governance service or alternate | |Member of the governing body of an entity of the independent governance service or alternate | ||
|W | |W | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |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 | |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 | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.e.v.g.x | ||
|Personnel of the independent governance service | |Personnel of the independent governance service | ||
|E, W | |E, W | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |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 | |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 | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.1 | ||
|Urabbaparcensian Inspectorate | |Urabbaparcensian Inspectorate | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.1.0 | ||
|Visitatorial Commission | |Visitatorial Commission | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.1.0.0.y | ||
|Chairman of the Visitatorial Commission or Deputy | |Chairman of the Visitatorial Commission or Deputy | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.1.0.x.y | ||
|Commissioner of the Visitatorial Commission or Alternate Commissioner appointed upon nomination of a Commissioner | |Commissioner of the Visitatorial Commission or Alternate Commissioner appointed upon nomination of a Commissioner | ||
|V | |V | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.1.0.x.P | ||
|Presenter of a Commissioner of the Visitatorial Commission | |Presenter of a Commissioner of the Visitatorial Commission | ||
|V | |V | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.1.1.0.y | ||
|Secretary of the Visitatorial Commission or Deputy | |Secretary of the Visitatorial Commission or Deputy | ||
|V, S | |V, S | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.2 | ||
|Internal Audit Urabba Parks | |Internal Audit Urabba Parks | ||
|E | |E | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.3 | ||
|Inquiries Urabba Parks | |Inquiries Urabba Parks | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.3.0.q | ||
|Enactorial Commission of Inquiry | |Enactorial Commission of Inquiry | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.3.0.q.x | ||
|Enactorial Commissioner, being presented by a member of Urabba Parks | |Enactorial Commissioner, being presented by a member of Urabba Parks | ||
|W, Q | |W, Q | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.3.0.q.x.P | ||
|Presenter of an Enactorial Commissioner, being a service member | |Presenter of an Enactorial Commissioner, being a service member | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.4 | ||
|Elections Urabba Parks | |Elections Urabba Parks | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.4.0 | ||
|Electorate Allocation Council | |Electorate Allocation Council | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.4.0.0.y | ||
|President of the Electorate Allocation Council or Deputy | |President of the Electorate Allocation Council or Deputy | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.4.0.x.y | ||
|Member of the Electorate Allocation Council or alternate, being the occupant of: | |Member of the Electorate Allocation Council or alternate, being the occupant of: | ||
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| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.4.1.0.y | ||
|The Returning Officer of Urabba Parks or Deputy | |The Returning Officer of Urabba Parks or Deputy | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.5 | ||
|Governance Integrity Urabba Parks | |Governance Integrity Urabba Parks | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.6 | ||
|Remuneration Urabba Parks | |Remuneration Urabba Parks | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.6.0 | ||
|Remuneration Council | |Remuneration Council | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.6.0.0.y | ||
|President of the Remuneration Council or Deputy | |President of the Remuneration Council or Deputy | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.6.0.x.y | ||
|Member of the Remuneration Council or Alternate | |Member of the Remuneration Council or Alternate | ||
|W | |W | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.7 | ||
|Ombudsman Urabba Parks | |Ombudsman Urabba Parks | ||
|W | |W | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.8 | ||
|Productivity Urabba Parks | |Productivity Urabba Parks | ||
|W | |W | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.9 | ||
|Governance Consultative Bodies Urabba Parks | |Governance Consultative Bodies Urabba Parks | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.9.0 | ||
|Council of Independent Governance Consultative Bodies | |Council of Independent Governance Consultative Bodies | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.9.0.0.y | ||
|President of the Council of Independent Governance Consultative Bodies | |President of the Council of Independent Governance Consultative Bodies | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.9.0.b.y | ||
|Member of the Council of Independent Governance Consultative Bodies, being elected by the consultative body | |Member of the Council of Independent Governance Consultative Bodies, being elected by the consultative body | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.9.b | ||
|Independent governance consultative body | |Independent governance consultative body | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.9.b.0.y | ||
|Senior member of an independent governance consultative body | |Senior member of an independent governance consultative body | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |4.9.b.x | ||
|Member of an independent governance consultative body | |Member of an independent governance consultative body | ||
|W | |W | ||
|} | |} | ||
= <span id="EM"></span>Relevant notes from the Explanatory Memorandum = | = <span id="EM"></span>Relevant notes from the Explanatory Memorandum = | ||
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. | 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. | 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. There is a signpost note pointing to subsection 101(3), which provides if there are no members of the Visitatorial Commission eligible to vote on the matter this subsection does not apply. These provisions are to ensure the independence of the governance service. | ||
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. | 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. | ||
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:(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); | :(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); | :(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); | :(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); | :(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); | :(G) Governance Integrity Urabba Parks (item 4.5); | ||
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{{Constitution of Urabba Parks|state=expanded}} | |||
[[Category:Constitution of Urabba Parks| ]] | |||
[[Category:Urabbaparcensian constitutional law| ]] | [[Category:Urabbaparcensian constitutional law| ]] |