MOU

Updated June 5, 2005

Memorandum of Understanding

This is a document to formalise a process of communication and co-operation between Spiritualist and related Spiritual Organisations in Australia.

An Invitation is offered to all Spiritualist and related Spiritual Organisations in Australia to partake.

The organisations listed are organisation from our records that are known to be in the Spiritualist fraternity in Australia and does not imply that they are members of an MOU. If any other organisation should to be listed please contact the secretary@spiritual.org.au and please accept our apologies for the omission.

1

ASA

Australian Spiritualist Association Inc.
The Secretary                        1300.880.675

2

USoA

United Spiritualism of Australia
Rev Ken Pearsall                   02-4942.2951

3

ACSCoA

Associated Christian Spiritual Churches of Australia
Rev Don Anson-Smith            07-5478.0826

4

UDS

Unification of Divine Spiritualism Inc.
Rev Helen M Gray                  03-9800.1807

5

VSU

Victorian Spiritualist Union Inc.
Alan Bennett                         03-9663.6121

6

ICS

International Council of Spiritualists Inc.
                                            03-

7

SASPRA

South Australian Spiritualist and Psychic Research Association
Rev Pat Beck                         08-8254.9235

8

VCS

Vega Christian Spiritual Churches
Rev Jean Black                      02-9638 1954

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The MOU document is provided to facilitate discussion.

It is a copy of the signed Agreement between the ASA and USoA.

The document was signed by both organisations on

June 4, 2005 during the ASA 2005 Annual Open Forum, held at the

Bankstown Trotting and Recreational Club, Condell Park, Sydney, NSW.

 

 

 MEMORANDUM OF UNDERSTANDING

BETWEEN

 

UNITED SPIRITUALISM OF AUSTRALIA,

AND THE

AUSTRALIAN SPIRITUALIST ASSOCIATION

 

 June 4, 2005


 

  Document history

 

Draft preparation

Jan 1, 2005

Sent to USoA and ACSCoA for comment

Jan 7, 2005

Corrections

Jan 10, 2005

Draft amended to remove ACSCoA

Feb 24, 2005

Draft accepted by ASA Members

March 5, 2005

Document signed by ASA

June 4, 2005

Document signed by USoA

June 4, 2005

 

  This Memorandum of Understanding (MOU) sets out a framework for co-operation between:

  a) United Spiritualism of Australia (USoA), and

  b) Australian Spiritualist Association (ASA), ( the agencies ),

             to facilitate liaison, co-operation, assistance, joint enquiries, joint activities and the exchange of

             confidential information between the agencies in accordance with the relevant statutory provisions

             and canon law.

 

1.         PURPOSE

1.1          The agencies recognise that co-operation between them is desirable to discharge their respective functions and maximise the effectiveness of their responsibilities within the religion of Spiritualism.

1.2          The agencies agree to assist each other in the exchange of information, referral of matters and the delegation of responsibilities, to co-operate on compliance, education and enforcement activities within the framework of this MOU and consistent with all relevant statutory provisions and canon law.

1.3          The agencies do not intend this MOU to create a legally binding obligation between them.

1.4          The agencies may after consultation and total agreement between all agencies agree to the formation of an Alliance with or without binding obligations and commitments.

 

2.         THE AGENTS

The responsibilities and functions of the agents are –

2.1          USoA is responsible for the functions and responsibilities of a Nomination Authority in respect to

              the Marriage Act and the education, monitoring, regulating and enforcement within the

              responsibilities and requirements of being a religious organisation having churches and a ministry.

2.2          ASA is responsible for the education, monitoring, regulating and enforcement within the

              responsibilities and requirements of being a religious organisation having churches and a ministry

              as well as spiritual and psychic healers, readers and trainers.

 

3.         LIAISON

3.1          The agencies agree that there will be regular liaison meetings between the agencies as follows –

3.1.1.      meetings at the Executive level at least twice yearly, or otherwise as agreed between the

              agencies.

3.1.2.      meetings at the officer level on a bi-monthly basis or otherwise as agreed between the agencies to

              provide information on current matters which may be of interest to each agency.

3.2          The agencies agree that, where appropriate and in particular to statutory and canon law, they will

               consult with each other in relation to recent judgements, current law reform, policy issues, media

               releases and other matters of mutual interest including religious guidelines.

3.3          The agencies agree that, where appropriate, they will consult with each other in relation to

              arrangements for joint publications and joint contact with stakeholder groups.

3.4          Each agency will appoint liaison contact officers for the purpose of liaison, communication and

              exchange of information between agencies under this MOU. The list of liaison contact officers is

              attached as Appendix A. Each agency may change it’s liaison contact officers as necessary, and

              will provide the other agencies with an amended list.

 

4.         EXCHANGE OF INFORMATION UPON REQUEST

4.1          The agencies agree that, subject to the legal provisions, information available to one agency, which

               is relevant to the responsibilities of any of the other agencies, shall be shared as requested,

               provided that compliance with that request will not adversely affect the operations of the complying

               agency.

4.2          Each agency will use its best endeavours to provide relevant information to the other agencies in a

              timely manner.

4.3          When exchanging confidential information, the agencies acknowledge the confidentiality

              requirements of legal provisions. The agency providing information has the right to specify the level

              of confidentiality attached to the information it provides to the others, and to place any caveats

              upon the use or disclosure of the information.

 

5.         UNSOLICITED ASSISTANCE

5.1          Each agency recognises that in the course of its business, functions and responsibilities, it may

               come into the possession of information which would, if provided to another agency, be likely to

               assist the other agency in administering or enforcing the particular responsibilities they have.

               Appendix B contains particulars of the types of matters which each agency considers relevant for

               the purposes of this paragraph.

5.2          Each agency agrees, subject to statutory and canon law restrictions, to use reasonable

               endeavours to notify the other agencies in a timely manner of the existence of any information of a

               kind that would assist them, not withstanding that it may not have received a request from another

              agency for such information.

 

6.         COST OF PROVISION OF INFORMATION

6.1          In general, the agency that provides information (the providing agency) will bear the cost incurred

              by it in locating and providing the information to the other agencies.

6.2          If it appears to the providing agency that it will incur substantial costs in providing the information,

              it may discus this with the other agencies and the agencies may negotiate a cost-sharing

              arrangement in relation to the provision of that information.

 

7.         REFERRAL OF MATTERS

7.1          The agencies recognise that once a complaint is received or an initial investigation has been

               conducted by an agency, it may become apparent that the matter more appropriately falls within

               the responsibility of one of the other agencies and in such case the matter shall be referred to

               that agency.

7.2          The agencies agree that referral of matters between agencies will take into account any

              administrative arrangements that have been agreed between the agencies from time to time.

7.3          The agencies acknowledge that there may be circumstances where a matter will also need to be

               referred to other specialist government agencies, such as Australian Tax Office, Police, Consumer

               Affairs or Offices of Fair Trading, or other government officers. In those circumstances, the agency

               will consult each other prior to such referral.

 

8.         DELEGATION OF POWERS

8.1          The agencies recognise that the effective and efficient handling of some matters may be

              significantly aided by the delegation of powers of one agency to another, or by standing cross

              delegations of the respective responsibilities of each agency.

8.2          Each agency which is a signatory  to this MOU shall discus with all the other agencies any

              intention to request that any one of the other agencies delegate any of its responsibilities to it.

8.3          The agencies agree that the delegation of responsibilities between agencies may be subject to

              administrative arrangements that have been agreed between the agencies.

8.4          Any media releases in relation to a matter in which a delegated responsibility has been used will

              so far as practicable be agreed between the agencies before publication.

8.5          If an agency is informed that an officer of an other agency is to use delegated responsibility, the

              first agency may state that it does not wish the delegated responsibility to be used, in which case

              the officer seeking to use the delegated responsibility shall not use it.

8.6          If an officer using delegated responsibility is challenged in the use of the delegated responsibility,

              the officer shall immediately notify the delegating agency.

 

9.         JOINT TASK FORCE

9.1          The agencies acknowledge that, subject to confidentiality obligations, an investigation or

               enforcement may be conducted more effectively by the establishment of a joint task force

               consisting of members from each of the agencies.

9.2          The agency requesting the joint task force will advise the other agencies of the background to the

               request and the objectives, estimating duration and expected resource requirements of the

              proposed joint task force.

9.3          If the agencies agree to take part in the joint task force, an agreed operational plan will be prepared

              between the agencies setting out the objectives, expected duration, funding and resource

              arrangements, publicity arrangements, accountability command and management of the joint task

              force.

9.4          Requests to other agencies for a joint task force shall be made to the Contact Liaison Officer

              identified in Appendix A.

 

10.       CONFIDENTIALITY

10.1        The agencies shall take all reasonable measures to protect from unauthorised use or disclosure

              any information it is given in confidence or in connection with the performance of their functions or

              the exercise of their responsibilities or is protected information.

10.2        An agency that receives information from another agency in accordance with this MOU, will

10.2.1     take all reasonable steps to ensure that such information is only used or disclosed for the purpose

              for which it was obtained, or as otherwise authorised by the providing agency, and

10.2.2     will observe and comply with any express conditions placed upon release of information by the

              providing agency.

10.3        Without limiting the generality of paragraph 10.2.2 of the MOU, the agencies will comply with the

              Information Privacy Principles set out in section 14 of the Privacy Act 1988.

10.4        If an agency is required by law to disclose confidential information received from an other agency,

              it must:

10.4.1     immediately, and prior to any disclosure being made, notify the providing agency of the disclosure

              requirement to allow the other agency to take all reasonable steps to maintain the confidentiality of

              the information required to be disclosed, including, if necessary and appropriate, making a claim for

              public interest privilege or requiring confidentiality undertakings from the person or bodies to whom

              the information is required to be disclosed: and

10.4.2     disclose only the confidential information required to comply with the applicable requirement.

10.5        For the purposes of paragraph 10.4, “required by law” means required by summons, subpoena,

              writ, order of any court, tribunal or other authority, or by legislation.

 

11.       DISPUTES

11.1        Where there is conflict or disagreement between the agencies over any issue relating to or covered

              by this MOU, the agencies will seek to resolve the issue by amicable negotiation.

 

12.       REVIEW OF MOU

12.1        The agencies will keep the operation of this MOU under continuous review and will consult with

              each other with the view to improving its operation and resolving any issues that may arise or can

              be foreseen.

12.2        This MOU allows other agencies to become a party to this MOU only by the full agreement of all

              agencies that are signatories to the current MOU.

 

13.       TERMINATION

13.1         Each agency may give written notice to the other agencies of its intention to terminate its

               involvement with this MOU. The agency terminating its involvement will cease to be a party to

               this MOU 30 days after the date upon which the notice was received.

 

                                                            (Signed on the original)

Signed this 4th day of June, 2005           ___________________________________________

                                                            Rev Ken Pearsall,    for and on behalf of USoA

 

                                                             (Signed on the original)

Signed this 4th day of June, 2005            ___________________________________________

                                                             Rev Lolita Martinez, for and on behalf of ASA

 

 

APPENDIX A

 

Liaison contact officers under paragraph 3.4

 

1.             USoA liaison contact officer

          ·     For all liaison, communication and exchange of information, etc is

                        Rev Ken Pearsall,

                        2/17 Lowana Crescent,

            Kahibah, NSW, 2290

            Phone:        02-4942.2951

            Mobile:       

            Fax:             02-4942.2571

            Email:          pearsall@hotkey.net.au

 

 2.             ASA liaison contact officer

          ·      For all liaison, communication and exchange of information, etc is

                        Mr Henry Zarth,

20 Bungalow Parade,

Werrington Downs, NSW, 2747

Phone:         02-4730.1103

Mobile:         0416.032.621 (AH), 0417.267.896 (BH)

Fax:             02-4730.1120

Email:          mou@spiritual.org.au

 

 

APPENDIX B

 

EXCHANGE OF INFORMATION UNDER PARAGRAPH 5.1

 

1.         Matters of interest to USoA

            Listed are the types of matters which are relevant to USoA for the purposes of paragraph 5.1.

This list is not exhaustive, and if an agency is in doubt as to whether a matter is likely to be of interest to the USoA, the agency should contact the USoA liaison contact officer.

 

The responsibility and functions of a Nomination Authority in respect to the Marriage Act,

The management, education, regulation and enforcement of the responsibilities of being a religious denomination having churches and a ministry.

The management and co-ordination of services and meeting facilities.

 

2.         Matters of interest to ASA

            Listed are the types of matters which are relevant to ASA for the purposes of paragraph 5.1.

This list is not exhaustive, and if another agency is in doubt as to whether a matter is likely to be of interest to the ASA, the agency should contact the ASA liaison contact officer.

 

The management, education, regulation and enforcement of the responsibilities of being a religious organisation having churches and a ministry.

The management, education, regulation and enforcement of the responsibilities of being a religious organisation having spiritual and psychic healers and readers.

The management and co-ordination of services and meeting facilities.

The management, education, regulation and enforcement of the responsibilities of being an association incorporated in NSW.

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All comments are welcome to mou@spiritual.org.au 

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