Section 100 of the Constitution of Urabba Parks
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|Constitution of Urabba Parks|
|Chapters of the Constitution|
|Text of the Constitution|
|Commonwealth of Australia Constitution Act|
Section 100 of the Constitution of Urabba Parks sets out places in the independent governance service and provides conditions for removal of holders of independent governance places (category W).
Compiled text (Section 100 - Provisions relating to independent governance places)
(1) The removal of the occupier of an independent governance place (category W) is void unless the occupier is removed by:
- (a) personnel of senior rank appointed to the entity of which the occupier 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 is void if the Visitatorial Commission has not determined the grounds for the proposed removal are reasonable.
Note: If there are no Commissioners of the Visitatorial Commission eligible to vote on the matter subsection (2) does not apply: see subsection 101(3).
Table of places
(3) The following table sets out registration items:
|Item||Description of place||Category|
|4||The independent governance service of Urabba Parks|
|4.0.x||Entity appointed as one of the following:
|4.e||Entity of the independent governance service|
|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||Urabba Parks Inspectorate|
|184.108.40.206.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|
|220.127.116.11.y||Secretary of the Visitatorial Commission and Urabba Parks Inspector 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||W, Q|
|4.4||Elections Urabba Parks|
|4.4.0||Electorate Allocation Council|
|18.104.22.168.y||President of the Electorate Allocation Council or Deputy|
|4.4.0.x.y||Member of the Electorate Allocation Council or alternate, being the holder of:
|22.214.171.124.y||The Returning Officer of Urabba Parks or Deputy|
|4.5||Government Integrity Urabba Parks|
|4.6||Remuneration Urabba Parks|
|126.96.36.199.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|
|4.8||Productivity Urabba Parks|
|4.9||Governance Consultative Bodies Urabba Parks|
|4.9.0||Council of Independent Governance Consultative Bodies|
|188.8.131.52.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|
Connection of entities
(4) 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 foundational influence group of which the place holder is a member, or of which the place holder is an officer.
Law not made
|Statute or Instrument||Number and year||Assent||Commencement||Application, saving and transitional provisions|
|Constitution Adoption 2021||No. 1, 2021||11 Jan 2021||1 Feb 2021 (gaz 2021,p. 1)|
|Provision affected||How affected|
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, conduct enquiries and elections, determine remuneration for some senior officials, as well as provide an internal ombudsman and human rights body.
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 100(2) grounds of removal must be determined reasonable by the Visitatorial Commission before the vote on such address takes place in the House. Senior 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 subsection 100(2) does not apply. These provisions are to ensure the independence of the governance service.
253. Subsection (3) 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 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 Urabba Parks 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), the Secretary of the Visitatorial Commission and Urabba Parks Inspector (item 184.108.40.206.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) – note the place of a Enactorial Commissioner is an inquisitorial place (category W);
- (F) Elections Urabba Parks (item 4.4) including the Electorate Allocation Council (item 4.4.0), its President (item 220.127.116.11.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 18.104.22.168.y);
- (G) Government Integrity Urabba Parks (item 4.5);
- (H) remuneration Urabba Parks (item 4.6), including the Remuneration Council (item 4.6.0), its President (item 22.214.171.124.y) and members (item 4.6.0.x.y);
- (I) Ombudsman Urabba Parks (item 4.7);
- (J) Productivity Urabba Parks (item 4.8.0.x.y);
- (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 126.96.36.199.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).
254. Subsection (4) 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 foundational 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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