Constitution of Urabba Parks/Statement of Reasonableness

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Statement of Reasonableness of the Urabba Parks Proprietary Limited Constitution Bill 2021

This Bill, as read on 5 March 2021, is reasonable having regard to the human rights treaties to which the Commonwealth is a party and the obligations of Urabba Parks Proprietary Limited (Urabba Parks) as an entity registered under the Australian Charities and Not-for-profits Commission Act 2012 of the Parliament of the Commonwealth.

Overview of the Bill

1. The purpose of this Bill is to establish Urabba Parks as a non-state jurisdiction by way of adoption of a Constitution, allowing Urabba Parks to pursue its charitable purposes by way of multiple entities (associations) which are to operate under the internal legal system to be established by the Constitution.  The Constitution as set out in the Bill:

(A) provides for the separation of powers between the legislative, executive and judicial branches of government; and

(B) makes provision for membership of Urabba Parks and for approved benefits (remuneration) of officers and connected entities to ensure that Urabba Parks is governed in a manner consistent with a charity.

Promotion of human rights

2. This Bill is compatible with human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 of the Parliament of the Commonwealth (the human rights treaties). Section 134 of the proposed Constitution as set out in this Bill provides for the responsibility of Urabba Parks and each entity to respect human rights in its governance, management and operations.  Part 2 of Chapter 9 of the proposed Constitution (to be known as the ‘Urabba Parks Bill of Rights’), which includes section 134, also promotes more specific rights such as:

(A) recognition of the dignity of the individual and commitment to the elimination, prevention and mitigation of harms to individuals as well as economic and social hardship affecting individuals (section 135) – this is embodied in the spirit of the human rights treaties including the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the Convention on the Rights of the Child (CRC) and the Convention on the Rights of Persons with Disabilities (CRPD);

(B) affecting life of the individual or another individual of which the individual has a responsibility, relationship or other affinity with, or involving the conduct of entities in regards to their legal obligations and legitimate social obligations (section 137) – Article 19 ICCPR (freedom of expression);

(C) social inclusion, equity of access, opportunity and representation regardless of race, religion, age, national origin, language, sex, sexual orientation, or mental or physical handicap (section 138) – consistent with Article 26 ICCPR (non-discrimination), ICESCR (in particular Article 2);

(D) respectful relationships form the basis of a cohesive society (section 142) – this provision is more expansive than Article 23 ICCPR which declares the ‘family is the natural and fundamental group unit of society.’

3. In addition, there are a number of public interest rights (such as freedom of information and whistleblower protection), recognition of Indigenous people, a commitment to protect the environment and promote health and safety of premises, security of communications and personal information included in the Urabba Parks Bill of Rights that are not incompatible with the rights mentioned above.

4. The independence of the judiciary established in Chapter 3 is also conducive to the trial of any offence committed against the internal law, or for disputes arising under the internal law (including but not limited to disputes in relation to the management of associations), thus further promoting the rights of equality before the law established in the ICCPR, particularly in Article 14, where all persons ‘shall be equal before the courts and tribunals.’

Charity status

5. The Constitution as set out in the Bill is designed to comply with the governance standards set out in the Australian Charities and Not‑for‑profits Commission Regulation 2013 of the Commonwealth.  Specific provisions intended to demonstrate compliance with the governance standards include:

(A) section 10 (dealing with being a not-for-profit and the furthering of charitable purposes as required under governance standard 5, and compliance with Australian law as required under governance standard 3) (see notes 76 to 78);

(B) section 41 (dealing with conflicts of interest as required under governance standard 5) (see note 143);

(C) section 44 (suitability of responsible persons as required under governance standard 4) (see notes 147 and 148); and

(D) section 98 (dealing with accountability to members in financial reporting as required under governance standard 2) (see note 246).

Conclusion

6. The Bill is reasonable, having regard to:

(A) human rights treaties listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 of the Parliament of the Commonwealth; and

(B) the obligations of Urabba Parks under the Australian Charities and Not-for-profits Commission Act 2012 of the Parliament of the Commonwealth.

I hereby issue this statement of reasonableness in relation to the Bill as read on 5 March 2021.

L.S. 

Daniel James Racovolis

The Founder of Urabba Parks Proprietary Limited

5 March 2021