MOUUpdated June 5, 2005Memorandum 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.
********************************************************************************************************* 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
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. ***************************************************************************** All comments are welcome to mou@spiritual.org.au |