ࡱ> >;<=%` zbjbj"x"x 7R@@&TTT^TUDUUUUԡԡԡ8 U"ңңң$h]hU...UUңңH$$$.UңUң$.$$TUUң QE}?ԡJ:02t\U$|&4....UUUIpdUUUpUUUUUUUUU Submission by Baptist Community Services NSW & ACT 鱨վ Discussion Paper Freedom of Religion and Belief in the 21st Century 1 Introduction 1.1 Please find enclosed a submission formulated by Baptist Community Services NSW & ACT (BCS) to the 鱨վ (AHRC) discussion paper entitled Freedom of Religion and Belief in the 21st Century. 1.2 In preparing its submission BCS wishes to provide its view of the protection of religious freedom rights in Australia and how they impact upon BCS as a Christian charity. 2 Baptist Community Services NSW & ACT 2.1 Services provided by BCS (a) Today BCS is at the forefront in responding to the needs of the aged, people living with disabilities, families in crisis and others struggling with disadvantage and distress. These services are provided to members of the Australian community regardless of race, creed or gender. (b) BCS is committed to an innovative person-centred model of care, which enhances the independence, well-being and choices of all its clients. (c) BCS is a leading not-for-profit Christian organisation that has been caring for the aged and people living with disadvantage for the past 65 years. (d) BCS has 2 operating divisions: (i) BCS AgeCare; and (ii) BCS LifeCare which together care for thousands of people across NSW and the ACT on a daily basis. (e) BCS is one of the fastest growing providers of care services in NSW and the ACT, providing residential aged care and community aged care packages and Home and Community Care (HACC) services in NSW. BCS is expanding its commitment to addressing disadvantage in the community through BCS LifeCare . (f) BCSs range of programs and services now numbers more than 150. (g) As an organisation BCS remain firmly committed to the Christian imperative expressed in the BCS Mission Statement: To express Christs love as we serve individuals, families and people in the community who have unmet spiritual, emotional or physical needs. (h) BCS employs 3,500 staff members and is assisted by over 1,000 volunteers. 2.2 BCSs vision and mission (a) BCSs vision is to be a passionate and innovative Christian organisation bringing life-transforming care to its clients. (b) BCSs mission is to express Christ's love in serving individuals, families and people in the community who have unmet spiritual, emotional or physical needs. (c) In so doing BCS has adopted the following values: (i) mutual respect and trust in all relationships; (ii) integrity and the highest ethical standards; (iii) stewardship of all resources and responsibilities; (iv) open, consistent and two-way communication; (v) continuous improvement in all that it does; (vi) performance with recognition for results; and (vii) creativity, cooperation and commitment in the workplace. 2.3 History of BCS (a) BCS was originally known as the NSW Baptist Homes Trust which was formed in 1944 as the result of a vision of a group of Baptist men and women desirous of expressing the love of Christ in practical ways to assist people in need, particularly the aged and children. (b) For the first 8 years of its existence, the NSW Baptist Homes Trust was run by a faithful team of volunteers who worked tirelessly to see their dreams become a reality. (c) In January 1953, the NSW Baptist Homes Trust opened its first aged-care home, Yallambi, which was located in Carlingford, NSW. (d) In 1956, BCS opened its first childrens home, Karingal, located in Mosman, NSW. (e) Both of these were opened without any Government funding. (f) Over the next 2 decades the organisation experienced significant growth with the opening of new facilities and services in Sydney, Canberra, Newcastle, Parkes and the Central Coast of NSW. (g) This growth of the NSW Baptist Homes Trust continued throughout the 1980s during which time 2 key focus areas developed - aged care and family and community services. (h) In 1986, the NSW Baptist Homes Trust changed its name to Baptist Community Services to capture the organisations expanding ministry. (i) Over the past 10 years BCS has moved through a period of rapid growth, with the organisations staff numbers tripling, along with a huge expansion in services and operating budget. As a result, BCS has become one of NSWs largest residential and in-home aged-care providers. (j) In 2008, as part of rebranding of BCS, its 2 operating divisions were renamed BCS AgeCare and BCS LifeCare. (k) In 2009 BCS will celebrate its 65th anniversary.. 2.4 BCSs status (a) BCS is incorporated under the Corporations Act 2001 (Cth) as an Australian public company limited by guarantee. (b) It holds the Australian Business Number ABN 90 000 525. (c) BCS is also endorsed by the Australian Taxation Office as a public benevolent institution (PBI) 2.5 BCSs governance (a) BCS is an agency of the Baptist Union of NSW, the latter being a body corporate established by the Baptist Union Incorporation Act 1919 (NSW). (b) All churches affiliated with the Baptist Union of NSW are entitled to have 1 representative as a member of BCS. Individual members of Baptist churches can also join as members of the BCS Company. (c) The board of directors of BCS comprises 12 persons who are elected from amongst the members of BCS. This grassroots governance structure ensures that BCS remains overtly Christian in its ethos. 3 Religious charities in Australia 3.1 Point of concern (a) The Discussion Paper asks What are some consequences of the emergence of faith-based services as major government service delivery agencies? (b) BCS expresses some dismay at this misunderstanding. In no sens can it be suggested that there has been an emergence of faith-based services as major government service (c) The first Australian faith-based charity was the Benevolent Society which was established in 1813. District nursing services followed in 1820, followed soon by a wide range of services from maternity hospitals to palliative care. (d) One of the more recent detailed studies of the sector, undertaken in 2006, found that 23 of the top 25 Australian charities (based on income) were Christian. This is a particular point of historical difference between Australian and other similar counties. (e) Government interest in providing social services to the poor and disadvantaged has waxed and waned during this time, prompting faith-based entities, such as BCS, to meet the substantial needs of society. (f) It is really only in the second half of the 20th Century that western world governments like Australia's have taken an interest in the provision of some social services, in what Sacks refers to as the nationalisation of compassion. In Europe this meant that social services became public services run by governments. However Australian governments have generally taken the view that it is more effective and efficient to outsource social services to the charities which are already running well established and highly effective services. (g) This relationship has many benefits for society: (i) Efficient: rather than duplicate existing services by commencing new government programs well established programs with a proven track record can be expanded. (ii) Non-profit: under Australian law charitable entities are not permitted to operate so as to profit their members. Under Australian law a non profit entity is one which is prohibited from distributing any profit to its members or shareholders. Accordingly, more government monies are thus able to reach the intended recipient than if the program were carried out by a for profit commercial entity. (iii) Risk-taking: charities tend to be more willing to pilot new programs which carry an element of risk. Once the program is proven to be successful governments are then able to expand on the proven program model. (iv) Community based: many services, such as family support and community aged or disability care, cannot work without strong community support and participation. It is a well-known fact that religious charities bring with them a remarkably strong nexus of community ties. (v) Volunteer capacity: charities are typically more effective at mobilising large numbers of volunteers than government bureaucracies or for profit commercial enterprises. The contribution of volunteer assistance is a significant contributor to the provision of labour intensive care services in particular. BCS, for instance, has around 1,000 volunteers who complement the efforts of paid staff. (vi) Competition: charities compete with each other to demonstrate that their programs provide the best outcomes for monies provide by government via intensive State and Commonwealth government tendering processes. (h) Governments thus achieve effective and efficient outcomes for their budgetary spending by outsourcing their social services to charities, the majority of which in Australia are Christian church based institutions. 3.2 Church and state issues (a) s116 of the Australian Commonwealth Constitution prevents the Commonwealth government from making any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth. (b) It is important to note that our Constitution expresses the separation of church and state in pointedly different terms than the earlier American First Amendment. (c) This difference is deliberate and extremely significant. (d) In Australia, the principle of separation of church and state is about the establishment of a church as a national institution - it does not proscribe simply giving subsidies to religious organisations in order to achieve certain objectives. (e) In the 1988 referendum Australians were offered the opportunity to change the wording of s116 of the Australian Constitution. They declined to do so and the proposal was defeated in every state as the Australian people overwhelmingly decided to keep the Australian principle of separation of church and state the way it was. 4 Freedom of religion and employment issues 4.1 Summary of BCSs position (a) Freedom of religion requires the right to establish charitable organisations which reflect and enact BCSs beliefs and values. (b) This right is meaningless without the ability to employ staff who share these beliefs and values. (c) One individuals freedom to believe or to not believe must not be enforced so vigorously that it negates anothers freedom to practise his or her beliefs corporately. (d) BCS maintains the following general principles: (i) Christianity is not a purely private faith - it must be expressed in action. The charitable activities of BCS are based on this principle . (ii) The Christian faith cannot be expressed in purely self-regarding terms. Christians believe that to worship God without having compassion on the poor and infirm is a travesty of true Christian religion. (iii) For this reason, since 1813, Christians in Australia have organised themselves into faith-based charities. 4.2 International law (a) Freedom of religion is protected by a number of international instruments. (b) Central to the freedom of religion is the protection of the right not to be discriminated against on the basis of religion. (c) However the right not to be discriminated against because of personal religious conviction is not absolute. It is subject to 2 qualifications. (i) The right to form religious organisations, including religious charities (A) That freedom of religion is more than just a private affair is a deeply rooted principle of international and domestic law. Article 18 of the International Covenant on Civil and Political Rights (ICCPR), and article 1.1 of the United Nations 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (Religion Declaration), both state that everyone shall have the freedom either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching. (B) More specifically, Article 6 of the Religion Declaration states that the right to freedom of thought, conscience, religion or belief shall include the freedom: (b) to establish and maintain appropriate charitable or humanitarian institutions; (g) to train, appoint, elect or designate by succession appropriate leaders called for by the requirements and standards of any religion or belief (C) Under international law these freedoms are to be subject only to those limitations as are prescribed by law and are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others (Religion Declaration article 1.3). (D) A balance must be met; therefore, between two potentially conflicting rights which both flow from the right of religious freedom: (1) the general right of persons not to be discriminated against on the basis of religion (article 2.1), and (2) the specific right of persons to practise their religious beliefs by the establishment of charities with a religious ethos. (E) In circumstances where there is conflict between a general right and a specific right to religious freedom there is a possibility that one or other right may be extinguished. It is a principle of contemporary human rights thought that governments and courts should make every effort to ensure that the effect of the exercise of a general right does not have the effect of extinguishing a specific right. (F) In light of this, the most appropriate method to determine an appropriate outcome is to accept in principle that a specific right must, to the extent of any conflict, prevail over a general right. (G) It also follows that the rights under articles 1.1 and 6 of the Religion Declaration to express religious belief in community with each other by (H) BCS cannot employ, at any level, someone who is hostile to or unsupportive of its mission, vision or values. (I) Religious charities such as BCS also maintain the right, provided this is done in good faith, to decide whether some or all of the positions offered by it carry a faith dimension. (J) To allow for limitation of this right would be to seriously diminish the specific right to religious freedom. The Christian faith and values are not just the foundation and motivation for the work of BCS - they also shape the way in which it operates on a day to day basis. (K) BCSs identity as a Christian organisation dictates and impacts the decisions it makes at every level. This has 2 non-negotiable implications: (1) BCS claims the right under article 6(b) of the Religion Declaration to practise its religion corporately. This includes a right to decide that all or some roles within it are expected and required to both accept and practice the Christian faith; and (2) BCS claims the right under article 6(b) of the Religion Declaration to shape advertisements and job descriptions at all levels in such a way as to include certain religious dimensions. (L) It follows that the terms of government subsidies to organisations such as BCS must be free of requirements that would prevent BCS from making such employment decisions, since to do so would have the effect of undermining the religious character, mission and values of the organisation. This is an important mechanism in preserving the institutional integrity of faith-based organisations which are themselves an outcome of the freedom to express religious belief in a corporate way. (M) BCS also maintains that, in their application of exceptions to anti-discrimination laws for religious organisations, courts and tribunals: (1) must not be called on to arbitrate on what is, or is not, a church doctrine, tenet, belief or teaching; and (2) must not apply a narrow conception of what a religion or religious organisation is or should be. Indeed courts and tribunals lack the competence to do so. (ii) Inherent job requirements (A) A second qualification on the general right not to the discriminated against is provided by International Labour Organisation Discrimination (Employment and Occupation) Convention No 111 (ILO 11). (B) Article 1(1) of ILO 11 affirms that discrimination includes: Any distinction, exclusion or preference made on the basis of religion. (C) However, article 1(2) of ILO 11 qualifies this general rule, stating that: Any distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof shall not be deemed to be discrimination. (D) So, for example, it is not unlawful discrimination under this international instrument for a church to refuse to employ an atheist as a minister of religion, on the grounds that the job inherently requires the person to hold certain beliefs and perform certain teaching and liturgical functions that an atheist could not perform. (E) It should be noted that this qualification is not a mere concession to religious organisations which gives them a right to discriminate. It is qualification which goes to the heart of what unlawful discrimination means. Unlawful discrimination in employment means more than simply differentiating between job applicants based on their personal characteristics it means that it is unlawful to differentiate between them if the differentiation is based on a certain class of irrelevant characteristics for no better reason than blind prejudice or hatred. 4.3 Australian law (a) Overview (i) Australian law largely, but not comprehensively or consistently, reflects the international instruments in its protections of religious freedom. (ii) On the one hand, it sometimes proscribes (but only in very limited circumstances goes so far as to make illegal) unlawful discrimination based on religion. (iii) On the other hand, it affirms: (A) the right to practise religion in community with others by establishing faith based organisations; and (B) that exclusions made based on the inherent requirements of a job do not amount to unlawful discrimination. (b) HREOC Act (i) The Human Rights and Equal Opportunity Commission Act 1986 (Cth) (HREOC Act) defines unlawful discrimination, in relation to employment, as any distinction, exclusion or preference made on the basis of religion which has the effect of nullifying or impairing equality of opportunity or treatment in employment. (ii) Yet the HREOC Act also reflects international law in that it qualifies this general position with two exceptions. Discrimination does not include any distinction, exclusion or preference: (A) in respect of a particular job based on the inherent requirements of the job; or (B) in connection with employment as a member of the staff of an institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed, being a distinction, exclusion or preference made in good faith in order to avoid injury to the religious susceptibilities of adherents of that religion or that creed. (iii) Importantly, religion is not one of the categories which can constitute unlawful discrimination under IIB of the HREOC Act. (iv) Thus the HREOC Act, as in 1998 when the Article 18 Report was written, still does not provide enforceable remedies against discrimination on the grounds of religion or belief. (c) Other Commonwealth legislation (i) Other Commonwealth legislation is relevant to the issue of religious freedom. (A) The Racial Discrimination Act 1975 (Cth) provides some indirect protection against religious groups which are also identifiable racial groups. (B) Section 659(2)(f) of the Workplace Relations Act 1996 (Cth) prohibits employers from terminating employees based on, amongst other things, religion. Two exceptions are given: (1) if the reason is based on the inherent requirements of the particular position concerned. (2) [in relation to an] institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed, if the employer terminates the employment in good faith to avoid injury to the religious susceptibilities of adherents of that religion or creed. (C) Religious freedom is also protected through exceptions granted to religious bodies from sex discrimination legislation. The Sex Discrimination Act 1984 (Cth) (SD Act) gives exceptions for, among other things: (1) the ordination, training and appointment of priests, ministers of religion or members of a religious order: s37(a) to (c) of the SD Act. This protects the right under article 6 of the Religion Declaration to train, appoint, elect or designate by succession appropriate leaders called for by the requirements and standards of any religion or belief. (2) any other act or practice of a body established for religious purposes, being an act or practice that conforms to the doctrines, tenets or beliefs of that religion or is necessary to avoid injury to the religious susceptibilities of adherents of that religion: s37(d) of the SD Act; and (3) discrimination on the grounds of sex, marital status or pregnancy by educational institutions conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed in good faith in order to avoid injury to the religious susceptibilities of adherents of that religion or creed: s38(1) and s38(2) of the SD Act. (d) NSW legislation (i) The Anti-Discrimination Act 1977 (NSW) (NSW AD Act) does not directly proscribe discrimination on the grounds of religion. However it does protect religious freedom by providing numerous exceptions to other types of discrimination (such as racial or gender discrimination) which enable individuals to express their religious beliefs through religious organisations. (ii) The training, appointment and ordination or priests, ministers of religion or members of any religious order is excluded from operation of the Act: s56(a) to (c) of the NSW AD Act. This protects the right under article 6 of the Religion Declaration to train, appoint, elect or designate by succession appropriate leaders called for by the requirements and standards of any religion or belief. (iii) Any act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion is protected by s56(d) of the NSW AD Act. (iv) The inciting of hatred, serious contempt or severe ridicule of a person or group of persons on the ground of the homosexuality of the person or members of the group is not unlawful where it is a public act, done reasonably and in good faith, for academic, artistic, religious instruction, scientific or research purposes or for other purposes in the public interest, including discussion or debate about and expositions of any act or matter: s49ZT(2)(c) and s49ZXB(2)(c) of the NSW AD Act. 4.4 Article 18 Report (a) The 1998 HREOC report entitled Article 18 Freedom of Religion and Belief (Article 18 Report) rightly recognised that freedom of religion can only exist where the right to manifest religion corporately is protected. (b) The Article 18 Report did not support a general exemption for conscience from anti-discrimination laws, but a limited exemption which should apply only to employment of people by religious institutions and should be limited to discrimination that is required by the tenets and doctrines of the religion is not arbitrary and is consistently applied. (c) The Article 18 Report recommended (in R4.1) the enactment of a Religious Freedom Act which would make unlawful direct and indirect discrimination on the ground of religion and belief in all areas of public life subject to 2 exceptions: (i) a distinction, exclusion or preference in respect of a particular job based on the inherent requirements of the job should not be unlawful. Preference in employment for a person holding a particular religious or other belief will not amount to discrimination if established to be a genuine occupational qualification. (ii) a distinction, exclusion or preference in connection with employment as a member of the staff of an institution which is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed, being a distinction, exclusion or preference required by those doctrines, tenets, beliefs or teachings made in good faith and necessary to avoid injury to the religious susceptibilities of adherents of that particular religion or that creed should not be unlawful provided that it is not arbitrary and is consistently applied. 4.5 BCSs concerns (a) BCS considers it crucial that the protection of one groups freedom of religion does not occur in a way that unfairly negates anothers. (b) The rights under article 1.1 and article 6 of the Religion Declaration to express religious belief in community with each other by establishing charitable organisations which embody religious beliefs and values must be preserved. (c) What it means to be a religious institution must not be understood so narrowly as to negate the fundamental human right to practise religion in community, including through religious charities. (d) BCS is anxious that exceptions for religious organisations not be interpreted so narrowly as to exclude non-denominational religious organisations, or charitable or humanitarian groups established by people for religious reasons. (e) BCS notes with some concern that in a recent decision, Dixon v Anti-Discrimination Commissioner of Queensland [2004] QSC 58, a family support services group operating under the auspices of the Baptist Union was found not to come under the exceptions in the Anti-Discrimination Act 1991 (Qld) for religious bodies as it was said not to be invoking the ministry of the Church as such. There seems to be an unfortunate misunderstanding, either on the part of Queenslands legislators or its arbitrators, of what Christian ministry means. In the Christian understanding, there can be no coherent legal distinction drawn between the ministry of prayer and worship on the one hand and the ministry of caring for the sick on the other - both are legitimate, and indeed essential, aspects of the Christian faith - both are motivated by a religious mission and values - both are necessary for the individual and corporate practice of the Christian faith. (f) Put simply, BCS would not exist if it were not for the Christian mission and values on which it is formed and in which it finds its very raison dtre. (g) The relationship between [BCS and the Christian faith is more than a historical quirk - it is central to what it is and what it does. (h) It is essential for it to be acknowledged that genuine occupational qualifications cannot be determined externally, in ignorance of the religious mission, values and strategy of a religious organisation. (i) It is with some alarm that reference is made to the Article 18 Reports concern over one isolated report of potential discrimination where a member of the Humanist Society of WA claimed they had failed to get a job in an old peoples home because she was judged not being caring when she admitted she was not Christian. Without knowing the precise facts of this alleged incident BCS states is has at no stage been its desire to arbitrarily exclude people from employment on the basis of religion. To do so would be contrary to religious principles. Nor is BCS so nave as to assume that those who do not share its religious faith are uncaring or unprofessional or incapable of hard work and loyalty as employees. (j) However, as stated above, the Christian faith and values are not just the foundation and motivation for the work of BCS - they also shape the way in which it operates on a day to day basis. BCSs identity as a Christian organisation dictates and impacts the decisions it make at every level. Our advocacy is not political partisan. (k) This has 2 non-negotiable implications: (i) BCS claims the right under article 6(b) of the Religion Declaration to practise its religion corporately. This includes a right to decide that all or some roles within it are expected and required to both accept and practice the Christian faith. (ii) BCS claims the right under article 6(b) of the Religion Declaration to shape advertisements and job descriptions at all levels in such a way as to include certain religious dimensions. (l) BCS cannot employ, at any level, someone who is hostile to or unsupportive of its mission, vision or values. Religious charities maintain the right, provided this is done in good faith, to decide whether some or all of the positions offered by it carry such a faith dimension. To allow for limitation of this right would be to seriously diminish the specific right to Religious Freedom referred to above. Without this requirement, BCS could not maintain its character as a Christian organisation, or carry out its mission. In this respect it is in the same position as any organisation be it a company, political party or environmental advocacy group it is a well-accepted principle that all organisations require their employees to be capable of working towards the mission of their employing organisation while respecting the organisations values. (m) Article 6(g) of the Religion Declaration recognises that the choice of religious leadership according to the requirements of the relevant religion is critical element of the freedom of religion. The qualifications and roles within a religious charity cannot be dictated by values formulated externally to the religious charity. (n) BCS must retain the right to decide which roles require a personal commitment to the Christian faith and what form of Christian faith is to be expected of employees. (o) In order to pursue a uniquely religious mission, BCS sometimes needs to create roles which add a pastoral dimension to the standard job description. The decision about whether this is a necessary or effective way to pursue the objectives of our institution should never, provided the organisations objectives are lawful and any decision is made in good faith, be supplanted by an externally imposed decision of courts or legislators. To do would be to seriously impact in a negative fashion upon the freedom guaranteed in article 6 of the Religion Declaration. (p) In applying exceptions to anti-discrimination laws for religious organisations, courts must not be called on to arbitrate on contentious religious doctrines, tenets, beliefs or teachings. In this regard, BCS is concerned that the reasons given for the decision by the NSW Administrative Decisions Tribunal in OV and Anor v QZ and Anor (No.2) [2008] NSWADT 115 attempt an extraordinary and dangerous crossing of the proper separation between church and state. That case, while not concerning an employment situation, did require the court to consider under s 56 of the NSW AD Act whether the actions of a body established to propagate religion either conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion. The tribunal produced several extraordinary conclusions as part of its alternate rationales for answering in the negative. (q) These conclusions were as follows: (i) While noting the High Courts considered caution in defining religion in Church of the New Faith v Commissioner of Pay-Roll Tax (Vic) (1983) 154 CLR 120, the tribunal, in looking at the applications of the exemption in s56(d)(2) of the AD Act, nevertheless considered itself competent (with the help of the Macquarie (ii) Further, the tribunal accepted the applicants contention that the actions, in order to be exempted from being unlawfully discriminatory by virtue of s56(d)(2) of the AD Act, must have been necessary to avoid offending all (or at least a significant majority) of the adherents at once. When combined with the conclusion that all denominations are the same religion, the extraordinary conclusion is that the exception in s56(d) NSW AD Act will only apply to doctrines that a significant majority of denominations find uncontroversial. If this interpretation is correct, the legislation is grossly inadequate to guarantee the far less restrictive freedoms for religion or belief guaranteed under article 1.1 of the Religion Declaration. This interoperation means it would be virtually impossible to rely on this exemption. (iii) While we would strongly argue that the tribunals' application of s56(d) of the AD Act is wrong it is also our view that s56(d) of the AD Act has a tendency to lead to unhelpful decisions such as these for the reason that it fails to overtly acknowledge and support the right of persons to establish institutions corporately and for such institutions to maintain a religious mission. (iv) The tribunal also found cause to arbitrate on whether the religious bodys belief that a particular doctrine is a fundamental Biblical teaching is actually a doctrine of the Christian religion (at 126-128). The tribunal decided (based on little more than the diversity of beliefs within the Christian religion) that the respondents had failed to prove their interpretation of the bible reflected the true doctrine of the Christian religion. Yet it is simply not proper for a tribunal to hear evidence and decide which widely held interpretation of the Christian religion is orthodox. As John Lockes observed in 1689 in his seminal A Letter Concerning Toleration, every Church is Orthodox to it self, so controversy over doctrine will always be present and there is no judge either at Constantinople, or elsewhere upon Earth, by whose Sentence it can be determined. This narrow interpretation present a problem, not just for Christian organisations such as our own, but it would be equally objectionable to expect doctrinal orthodoxy from organisations established by Jews, Moslems or Buddhists etc in that they may not be able to rely upon the exemption due to the fact that there is a divergence in beliefs on key issue of faith and/or practice. (v) The recommendations for a Commonwealth Religious Discrimination Act put forward in the Article 18 Report admittedly do use the terms religion or creed, and so may avoid replicating the problems encountered by the tribunal in interpreting the NSW AD Act. Nevertheless, the exact mechanism for the exception should be clarified by all legislation to preclude courts from deciding which opinions of doctrine are orthodox, and therefore protected. 4.6 Conflict of rights (a) BCS acknowledges the possibility of tension between the right under Article 3 of the Religion Declaration to express ones faith in community by establishing religious charities and anothers rights under Article 2 of the Religion Declaration not to be excluded from employment on the basis of religion or belief. (b) Legal rights theorists remind us that rights will often conflict, and that it is not always possible to find a tidy or single-minded account of how the resolve such conflicts. (c) But it is important to note: (i) in many cases there is actually no conflict in the first place, as the right not to be excluded is a qualified right. It is not unlawful discrimination, under ILO 111, to exclude people from employment where religious belief forms part of the inherent requirements of the job. (ii) in our experience, the actual number of incidents where even a perceived conflict has materialised is extremely low. (iii) Freedom of belief is subject to such limitations as are necessary to protect fundamental rights and freedoms of others (Article 1.3). (iv) It is obvious that where a general right (such as the right not to be discriminated against on the basis of religion) conflicts with a specific right (such as the right to establish religious organisations to express faith in community with others) the specific right should prevail; otherwise, the specific right would be nullified by the general right. (v) To put it simply, the right to establish religious organisations is entirely extinguished if those organisations cannot maintain their religious values and mission by deciding which roles require religious conviction; the right not to be excluded from employment, however, is only partially qualified by the exception granted to religious organisations to employ religious people for religious jobs. The unfortunate effect of poor adverse decisions in State courts and tribunals has tended to encourage religious organisation to be less open about the religious nature of their vision and mission. This is regrettable because most problems arise where there are disappointed expectations at either the employer or employee level. Openness about vision, mission and ethos within all employer entities is certainly to be encouraged. (d) BCS also acknowledges that the ICCOR and the Religion Declaration are not binding on the Commonwealth Parliament (or for that matters on State or Territory legislatures) however maintains that it is essential that the AHRC put a moral force behind the implementation of the principles of religious freedom contained in both declarations in order to implement appropriate amendment to Commonwealth, Sate and Territory legislation. 4.7 BCSs recommendations BCS recommends as follows: (a) That the selection of employees who share religious beliefs by religious-based organisations must remain lawful under Australian law (Commonwealth, State and Territory). (b) That any Australian legislation proscribing unlawful discrimination against people on the basis of religion should provide adequate exceptions for religious organisations to protect the right under the Religion Declaration to practise religion in community by establishing charities. (c) That the meaning of religious institution (or religious organisation or religious body) must not be understood so narrowly as to negate the fundamental human right to practise religion in community, including through religious charities. Religious institution (or religious organisation or religious body) should be defined broadly, to include non-denominational or independent charities with a Christian mission or values. (d) That genuine occupational qualifications must not be determined externally, in ignorance of the religious mission, values and strategy of the religious organisation. (e) That, in the application of exceptions to anti-discrimination laws for religious organisations, Australian courts must not be called on to arbitrate on the validity or otherwise of religious doctrines, tenets, beliefs or teachings. (f) Given that, to date, human rights legislation in Australia has failed to incorporate into the domestic law of Australia (at either a Commonwealth, State or Territory level) that there be a clear acknowledgement of the fundamental right to religious freedom and that this right is a fundamental right. (g) That human rights legislation in Australia state unequivocally that the fundamental right to religious right has the 2 arms referred to above . (h) That it be acknowledged by AHRC that the current protections for religious freedom in Australian law which can be placed into 2 broad categories, namely: (i) the inherent requirements of the job provision in various legislation; and (ii) the religious susceptibilities exception are insufficient to protect the fundamental rights cited above. As a result it imperative that these current provisions be redrafted to provide greater protection to the fundamental right to religious freedom. (i) In that this is not yet expressed sufficiently clearly in the current legislation at Commonwealth and State/Territory levels in Australia, that the following legislative reforms take place: (i) In relation to the HREOC Act, the references to freedom of religion set out in the definition of unlawful discrimination in section 3 of the HREOC Act which currently read: discrimination, except in Part IIB, means: but does not include any distinction, exclusion or preference: (c) in respect of a particular job based on the inherent requirements of the job; or (d) in connection with employment as a member of the staff of an institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed, being a distinction, exclusion or preference made in good faith in order to avoid injury to the religious susceptibilities of adherents of that religion or that creed. be amended in similar terms to the following: discrimination, except in Part IIB, means: but does not include any distinction, exclusion or preference: (c) in respect of a particular job based on the inherent requirements of the job as determined in good faith by the institution based on the institutions values , beliefs and principles; or (d) in connection with employment as a member of the staff of an institution that is conducted in accordance with religious values, beliefs and principles of a particular religion or creed, where the body considers in good faith that such distinction, exclusion or preference is based on the institutions religious value , beliefs and principles. (e) reference to an institutions values, beliefs and principles means the values, beliefs and principles as determined in good faith by the institution.. (ii) In relation to the Sex Discrimination Act 1984 (Cth), the references to freedom of religion out in the section 37 of that Act which currently read: 37 Religious bodies Nothing in Division 1 or 2 affects: (a) the ordination or appointment of priests, ministers of religion or members of any religious order; (b) the training or education of persons seeking ordination or appointment as priests, ministers of religion or members of a religious order; (c) the selection or appointment of persons to perform duties or functions for the purposes of or in connection with, or otherwise to participate in, any religious observance or practice; or (d) any other act or practice of a body established for religious purposes, being an act or practice that conforms to the doctrines, tenets or beliefs of that religion or is necessary to avoid injury to the religious susceptibilities of adherents of that religion. be amended to read in similar terms to the following 37 Religious bodies Nothing in Division 1 or 2 affects: (a) the ordination or appointment of priests, ministers of religion or members of any religious order; (b) the training or education of persons seeking ordination or appointment as priests, ministers of religion or members of a religious order; (c) the selection or appointment of persons to perform duties or functions for the purposes of or in connection with, or otherwise to participate in, any religious observance or practice; or (d) any other act or practice of a body conducted in accordance with religious values, beliefs and principles where the body considers in good faith that such act or practice is based on the bodys religious values, beliefs and principles. (e) reference to an institutions values, beliefs and principles means the values, beliefs and principles as determined in good faith by the institution.. (iii) Furthermore, that the AHRC make every effort to persuade State and Territory legislatures to enact similar provisions in human right legislation across Australia. In this regard we note that , while BCS operate in NSW and the ACT only, this should not be taken to suggest that BCS would not, as a matter of public policy support the enactment of similar provisions in other State and Territories of Australia. (iv) In relation to the Anti-Discrimination Act 1977 (NSW) we note that section 56 of that Act currently states: 56 Religious bodies Nothing in this Act affects: (a) the ordination or appointment of priests, ministers of religion or members of any religious order, (b) the training or education of persons seeking ordination or appointment as priests, ministers of religion or members of a religious order, (c) the appointment of any other person in any capacity by a body established to propagate religion, or (d) any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion. be amended to read in similar terms to the following: 56 Religious bodies Nothing in this Act affects: (a) the ordination or appointment of priests, ministers of religion or members of any religious order; (b) the training or education of persons seeking ordination or appointment as priests, ministers of religion or members of a religious order; (c) the selection or appointment of persons to perform duties or functions for the purposes of or in connection with, or otherwise to participate in, any religious observance or practice; or (d) any other act or practice of a body conducted in accordance with religious values, beliefs and principles where the body considers in good faith that such act or practice is based on the bodys religious values, beliefs and principles. (e) reference to an institutions values, beliefs and principles means the values, beliefs and principles as determined in good faith by the institution.. 5 Government subsidies and advocacy 5.1 Summary of BCSs position (a) The subsidies provided by government to social services run by religious charities does not pose any general threat to the Australian principle of the separation of church and state. (b) The essence of any subsidy arrangement is a quid pro quo that is, society obtains many needed social services and the religious charities obtains monetary compensation for the cost of running such social services. (c) It has commonly been the case that religious charities have identified a social need in Australian society and have contributed their own capital and services in order to meet this need. It is afterwards that governments have provided additional financial assistance in the way of subsidies on terms & conditions that have been, to date, acceptable to both parties. (d) The Commonwealth government's recent commitment to removing so called gag clauses from government contracts with charities which prevent them from criticising government policy is to be commended. (e) To exclude religious charities from competing for government subsidies based on the merits of their programs would be unjustifiable discrimination under the Religion Declaration. (f) BCS maintains that, in providing subsidies to charities, governments save millions on infrastructure and gain great efficiency. They regulate outcomes and require certain standards to be met internally. (g) The pprovision of government subsidies to religious organisations will never accord to governments the right to change the mission or values of the religious organisation, any more than awarding a contract to a business gives it the right to supplant its shareholders. (h) Regulation of a religious institutions standards, outcomes and some processes is appropriate. But religious charities remain religious charities even when some of their programs receive government subsidies. (i) International law and Australian law both insist that there is a role for religious voices, alongside others, in the policy debates of the Australian nation. It is unacceptable that religious groups be denied this right which is made available to other groupings in the Australian community. It is to be noted here that, statistically speaking, religious services attract a higher percentage of Australians than any other gathering in the country. It is not a small group that we are concerned about here. (j) BCS maintains that, while there is no general reason why the government subsidising of projects run by religious organisations threatens the separation of church and state, there is a risk that governments will attempt to use service subsidy contracts with religious charities to buy their silence. This threatens the ability of religious charities to be an independent voice within the state. Interest groups such as religious charities must not be forced to choose between participating in democratic debate and cooperating with government for the good of the poor and marginalised. (k) As a charity working in the provision social services, BCS maintains that advocacy is an essential part of what it does do. The values which inform BCSs position on social issues come from religious teachings on the dignity of human beings and the importance of justice in society. BCS is entitled to put its positions forward into policy debates in the expectation that they will be heard and considered along with other voices. Arguments with merit should be adopted, regardless of the political, cultural, academic or critical ideology of the person presenting the view. 5.2 Point of concern (a) The Discussion Paper asks What are some consequences of the emergence of faith-based services as major government service delivery agencies? (b) As already outlined at paragraph 3.1 of this submission BCS is concerned at the suggestion that there has been a recent emergence of faith-based services as major government service delivery agencies. This is completely incorrect. 5.3 BCS and advocacy (a) There needs to be ongoing discussion over how the interaction between church and state should work. However debate over receipt of government subsidies by church based charities tends to be hampered by mischaracterisation both of the Australian doctrine of the separation of church and state, and indeed the nature of the subsidies received by faith-based entities. (b) The subsidising by government of religious based charities to expand their humanitarian projects does not violate the Australian principle of separation of church and state. (c) BCS feels compelled to argue, primarily for the good of Australias poor and marginalised whom it serves, that there is absolutely nothing in the current arrangement that necessarily threatens the Australian doctrine of the separation of church and state. (d) BCS respects the sentiments of those who champion the doctrine of the separation of church and state. BCS too seeks a society which is tolerant of different beliefs. But we urge great caution when using phrases like the separation of church and state in a simplistic, unreflective way. As the American legal theorist Stanley Fish observes, an attempt to achieve impartiality and tolerance using simple distinctions like church and state will invariably end up enacting the very liberalism it opposes and mirror...the problem it claims to address. 5.4 Nature of government subsidies (a) Any suggestion that the subsidising by government of social service programs run by religious charities constitutes the subsidising of that religion, much less the establishment of that religion as a national institution, is misconceived. (b) The essence of any government subsidy arrangement is a quid pro quo whereby society gets the social services it wants and the religion gets compensation for the cost of running its services. Indeed, the only benefit for the religious groups out of the arrangement is indirect: the satisfaction of seeing more poor and marginalised people cared for and fulfilment of religious imperative. (c) Government grants are awarded based on merit. Religious institutions such as BCS have a proven track record in delivering excellence. To exclude such charities from competing for government social service contracts on the basis of religious beliefs, instead of the merits of programs on offer, would constitute, paradoxically, a violation of Australia's obligations under articles 4 and 2.1 of the Religion Declaration to ensure that no one shall be subject to discrimination by any State, institution, group of persons, or person on grounds of religion or belief. 5.5 International law (a) The Discussion Paper asks the question Is there a role for religious voices, alongside others in the policy debates of the nation? (b) With respect, BCS expresses its dismay that such a question is even being asked. I would, with respect, it would be equally inappropriate for AHRC to ask the question Is there a role for womens voice. indigenous voices.. etc. (c) BCS wishes to emphatically state that the religious voice is entitled to be expressed and heard in Australia. (d) This question is answered emphatically in the affirmative by the Religion Declaration. Article 4.1 of the Religion Declaration requires that: All States shall take effective measures to prevent and eliminate discrimination on the grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, economic, political, social and cultural life. (e) To exclude religious voices from the policy debates of the nation would be unjustifiable and arbitrary discrimination on the grounds of religion or belief. (f) Furthermore, Article 19 of the UCCPR says that: 1. Everyone shall have the right to hold opinions without interference. 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. 3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals. (g) It should be noted that paragraph 3 of Article 19 of the UCCPR above provides no exception which allows opinions influenced by a religious tradition to be silenced. (h) In fact, paragraph 6 of Article 19 of the UCCPR specifies that everybody has the right: (i) To establish and maintain communications with individuals and Communities in matters of religion or belief at the national and international levels. (i) International law says that any voices in society, religious or non religious, have a right to be heard. 5.6 Australian law (a) Independently of Australias obligations under international treaties, the Australian Constitution contains an implied commitment to freedom of political communication (Australian Capital Television Pty Ltd v Commonwealth (1992) 177 CLR 106). (b) An attempt to exclude any voice (including, but not limited to the so-called religious voice from the policy debates of the nation could be challenged as unconstitutional. 5.7 BCSs recommendations BCS recommends as follows: (a) There should be no restriction on religious institutions competing for government subsidies for social services. (b) Nothing should be done to limit the freedom of religious voices to participate fully in the political life of Australia. (c) All government bodies in Australia should follow the lead of the Commonwealth government in removing gag clauses from government contracts with charities which prevent them from pursuing advocacy programs. (d) The Baptist position is for the free expression of all views and that they all have the right to participate in society.  Research published in Business Review Weekly, 29 June- 5 July 2006, pp 56ff.  e.g. the United Kingdom and the United States  See Jonathan Sacks, The Politics of Hope, London: 2000.  Attorney-General (Vic); Ex Re Black v Commonwealth (DOGS case) (1981) 146 CLR 559, per Barwick CJ at 579, per Mason J at 614, and per Wilson J at 652.  Attorney-General (Vic); Ex Re Black v Commonwealth (DOGS case) (1981) 146 CLR 559, per Mason J at Para 14.  See James 1:27; Matthew 25:35.  See Submission R/204 to Article 18.  Human Rights and Equal Opportunity Commission, Article 18: Freedom of religion and belief (Sydney: 1998), 88.  Article 18 Report, 29.  Article 18, 96.  John Locke, A Letter Concerning Toleration Humbly Submitted (London, 1689), 16-17.  Jeremy Waldron, Rights in Conflict (1989) Ethics 99(3), 503-519.  For a more nuanced discussion of logical qualitative and quantitative priorities between rights see Jeremy Waldron's waves theory of rights conflict: Rights in Conflict (1989) Ethics 99(3), 517.  Senator Ursula Stephens, Rudd Government's Social Inclusion Agenda (13 March 2008), Media Release at URL: http://mediacentre.dewr.gov.au/mediacentre/Stephens/Releases/RuddGovernmentsSocialInclusi onAgenda.htm, accessed 24 November 2008.  Stanley Fish, Mission Impossible: Settling the Just Bounds between Church and State, Columbia Law Review 97.8 (1997), 2332, 2293.     PAGE  PAGE 28 56jk  @ D a J L M t v z {  ' ( BF  ~ Ƴtttttih*eh*eOJQJh*eB*OJQJph#h*eh*e6B*OJQJ]phh*eh*eB*OJQJph#h*eh*e5B*OJQJ\ph%h*e5B*CJOJQJ\aJphh*eB*CJOJQJaJph%h*eh*eB*CJOJQJaJph+h*eh*e5B*CJOJQJ\aJph&6k I J u v G H 07$8$H$^`0gd*e07$8$H$^`0gd*e 7$8$H$gd*e$7$8$H$a$gd*eSy  ! " 6 7 _`07$8$H$^`0gd*e7$8$H$^gd*e7$8$H$^`gd*e 7$8$H$gd*e7$8$H$`gd*e`de~QR*+fjkz@A"#cd'(be|}$()*6<=[wh*e5OJQJ h*e^Jh*eh*e6OJQJ]h*eh*e5OJQJ\h*eh*eOJQJh*eOJQJGJK#$ef{|7$8$H$^`gd*e7$8$H$`gd*e07$8$H$^`0gd*e 7$8$H$gd*e|;<^_"#]^wx#$77$8$H$`gd*e 7$8$H$gd*e07$8$H$^`0gd*e78TUlmlm7$8$H$`gd*e07$8$H$^`0gd*e 7$8$H$gd*eNQSTUYZkqr=Ihqr#$|  ʦ֦֔֔ʦ֦ʦ֔֔֔h*eOJQJ#h*eh*e6B*OJQJ]ph#h*eh*e5B*OJQJ\ph#h*eh*e5B*OJQJ\ph222h*eB*OJQJphh*eh*eB*OJQJphh*eh*eOJQJh*eh*eB*OJQJph2221 !!!!$$F$G$$$&&c'd'w(x( * **p07$8$H$^p`0gd*e7$8$H$^gd*e 7$8$H$gd*e07$8$H$^`0gd*e !!!!!!"""" ##$$K$L$U$$$$f&r&&&&&&i'j'y'|(}(())***)*2***++++++S,C-K-L-../.'/(///0/v0w0y0z00000000Q1R11ۿۿۿۿۿۿۿ㹿ۿۿ h*e^Jh*eh*e5OJQJ\h*eh*e6OJQJ]h*eOJQJh*eh*eOJQJ!jh*eh*e0J:OJQJUI**++++F-G---0.1.*/+/v0w00000L1M1117$8$H$`gd*e07$8$H$^`0gd*e 7$8$H$gd*e11j2k22222738334444 4 4x4|4}444444j5k566K6L6P6Q677777888888D9E9I9J9999990:1:2:6:ɸԚߏߏh^!)6OJQJ]h^!)OJQJhkOJQJh*eh*e5OJQJ\!jh^!)h^!)0J:OJQJUh^!)h^!)OJQJh^!)h*eOJQJh*eh*e6OJQJ]h*eh*eOJQJh*eOJQJ81e2f222132344w4x44444e5f507$8$H$^`0gdkp07$8$H$^p`0gd^!)p07$8$H$^p`0gd*e7$8$H$`gd*e 7$8$H$gd*e07$8$H$^`0gd*ef555K6L688D9E9991:2:?;@;|p07$8$H$^p`0gd^!)@ 07$8$H$^@ `0gd^!)p07$8$@&H$^p`0gd^!)7$8$@&H$gd^!)7$8$H$`gd^!) 7$8$H$gd*e07$8$H$^`0gd^!)6:7::;?;@;D;E;;;;;7<8<@<I<<<<<Y>Z>%?&???1@2@@@@@BBBBCC^D_DIFJFFFNGOG}GGGGGGHHHH#I$IpIvIwIIIcJiJjJKKh &wh*eOJQJh &w6OJQJ]h &wOJQJh*eh*e5OJQJ\h*eh*e6OJQJ]h*eh*eOJQJh^!)OJQJC@;;;7<8<<<T>U> ?!???,@-@@@BBBBC@ 07$8$H$^@ `0gd^!)p7$8$H$^pgd^!) 7$8$H$gd*ep07$8$H$^p`0gd^!)CCYDZDDFEFFFIGJGGGGGHHhh7$8$H$^h`hgd &w7$8$H$^`gd^!)p07$8$H$^p`0gd^!)@ 07$8$H$^@ `0gd^!) 7$8$H$gd*eHHH#I$IqIrIIIdJeJKKMMNNNNhh7$8$H$^h`hgd &wp7$8$H$^pgd &w8h7$8$H$^8`hgd &w 7$8$H$gd*ep07$8$H$^p`0gd &wKK.LDLELFLLMMMMMMMMMNN N NNNNNNYOZOOOOO[P_P`PjPpPqPuPPPPP(Q^QQQQvRwRRRPQTUVh0h*e6OJQJ]h06OJQJh0h*e6OJQJh06OJQJ]h0OJQJ ho^JhoOJQJh*eh*e6OJQJ]h*eh*eOJQJ@DEۣܣ|}ФѤץإPQp07$8$H$^p`0gd07$8$H$^gdo7$8$H$^`gdop07$8$H$^p`0gdo07$8$H$^`0gdo 7$8$H$gd*eQǧ12Q~p07$8$H$^p`0gd0 7$8$H$gd0@ 07$8$@&H$^@ `0gd0 7$8$H$gd*e@ 07$8$H$^@ `0gd07$8$H$^`gd0p7$8$H$^pgd0+ŭƭʭ˭./34îĮ°ðذٰfgklFGHNO'^_tuոָ׸$%h0OJQJh06OJQJ]h*eh*eOJQJh*eh*e6OJQJ]Tƭ/°ðٰgGHp7$8$@&H$^p`gd07$8$@&H$gd0@ 07$8$H$^@ `0gd07$8$H$^`gd0 7$8$H$gd*eH^_uָ׸%C<@ 07$8$H$^@ `0gd07$8$H$^`gd0 7$8$H$gd*ep07$8$H$^p`0gd0%BCGH;<@Aڼ˽ؽ}~:G{|MNab9::;ԳԳh0h*eOJQJjh00J:Uh*eh*e5OJQJ\h*eh0OJQJh*eOJQJh0OJQJh06OJQJ]h*eh*eOJQJh*eh*e6OJQJ]<ۼܼxyvwHI\]07$8$H$^`0gd0 7$8$H$gd*e]4556yzkl07$8$H$^`0gdC! 7$8$H$gd*e07$8$H$^`0gd0u~Jlprbt  ANH´hC!h*eOJQJ!jhC!hC!0J:OJQJUhC!hC!OJQJhC!h*e6OJQJ]h*eh*e6OJQJ]h*eh*e5OJQJ\h0h*e^JhC!OJQJh*eh*eOJQJ h0^J7rs^_jk"#7$8$H$^gdC!07$8$H$^`0gdC! 7$8$H$gd*eHowxcfjk~'(YZ^cijq ~CGH^_`=yzPQ h*eh*hC!6OJQJ]hC!OJQJh*eh*e5OJQJ\h*eh*eOJQJh*eh*e6OJQJ]J#YZdeq }~07$8$H$^`0gdC!7$8$H$^gdC!7$8$H$^`gdC! 7$8$H$gd*e7$8$H$`gdC!BC_`|}tuKLM";gdV/7$8$H$^gdC! 7$8$H$gd*e07$8$H$^`0gdC!LMNOXw!"#$ݿ~sdsSHh &whC!OJQJ!jh &whC!0J:OJQJUh^!)hC!B*OJQJphh^!)hC!OJQJ!jh^!)hC!0J:OJQJUhC!hC!B*OJQJphh*ehC!B*OJQJph!jh*ehC!0J:OJQJUh*ehC!OJQJ%h*ehC!B*CJOJQJaJphh*ehC!CJOJQJaJ%jh*ehC!0J:OJQJUaJIJKabcdstuò塖teteR?%jh0hC!0J:OJQJUaJ%hohC!B*CJOJQJaJphhohC!CJOJQJaJ%jhohC!0J:OJQJUaJhohC!B*OJQJphhohC!OJQJ!jhohC!0J:OJQJU!jh &whC!0J:OJQJUh &whC!CJOJQJaJ%jh &whC!0J:OJQJUaJh &whC!OJQJh &whC!B*OJQJphIbtRSUVXY[\^_hijh]hgd>G &`#$gd8gdmL 7$8$H$gdC! 7$8$H$gd0 7$8$H$gdo; 7$8$H$gd &wRSTVWYZ\]_`fghijkqrtuvwyz˹˹˝ h*eh*h>G0J^mHnHuh>G h>G0J^jh>G0J^Ujh8Uh8hC!hC!CJOJQJaJ%jhC!hC!0J:OJQJUaJh0hC!CJOJQJaJjvwxyzgdV/h]hgd>G &`#$gd850P:p*e/ =!"#$% xxxp0  0 P@P *Normal  CJOJQJ_HaJmH sH tH P@P ' Heading 1$$ & Fh@&5CJ\aJL@L ' Heading 2  & F@&6B*\aJphL@!L ' Heading 3  & F@&5B*CJ\phB@1B ' Heading 4  & F@& 6\]N@N mL Heading 5$$@&B*OJQJph$?`T@T mL Heading 6$$@&6B*OJQJ]ph$?`T@T mL Heading 7$$@&6B*OJQJ]ph@@@V@V mL Heading 8$$@&B*CJOJQJaJph@@@\ @\ mL Heading 9 $$@&6B*CJOJQJ]aJph@@@DA@D Default Paragraph FontRi@R 0 Table Normal4 l4a (k@( 0No List dOd 'Heading 1 Char Char&5CJOJQJ\_HaJmH sH tH nOn 'Heading 2 Char Char/56B*CJOJQJ_HaJmH phsH tH dOd 'Heading 3 Char Char&6CJOJQJ\_HaJmH sH tH bO!b 'Heading 4 Char Char#CJOJQJ]_HaJmH sH tH *W1* ] Strong5\XAX mL Char Char7)B*CJOJQJ_HaJmH ph$?`sH tH ^Q^ mL Char Char6/6B*CJOJQJ]_HaJmH ph$?`sH tH ^a^ mL Char Char5/6B*CJOJQJ]_HaJmH ph@@@sH tH PqP mL Char Char4!B*OJQJ_HmH ph@@@sH tH VV  mL Char Char3'6B*OJQJ]_HmH ph@@@sH tH FF ]Header$ B#a$CJ>> ] Char Char2CJOJQJaJB @B ]0Footer$ B#a$CJ>> ]0 Char Char1CJOJQJaJT@T'pTOC 30^`06PJ^JmHnHuBB 4]0Placeholder Text B*phFG@F _List Continue 4lx^l<m@<TY1 / 1.1 / 1.1.1 F F@F 'pTOC 1! d# 0^`05D@D 'pTOC 2"0^`056V@V*pTOC 4%# d# 0^`0 mHnHu6U@A6 ~U$0 Hyperlink >*B*phJJ ^]rp TOC Heading%5CJmH sH tH D+bD 'op Endnote Text &CJaJDOqD &op Char CharOJQJ_HmH sH tH J*J LEndnote ReferenceCJH*OJQJ0l@0TY 1 / a / i) F @n@@TYArticle / Section* F DTD TY Block Text+x]^2B@2 TY Body Text,x<P@< TY Body Text 2 -dx>Q@> TY Body Text 3.xCJaJPM@P TYBody Text First Indent /`HC@H TYBody Text Indent0x^TN@T TYBody Text First Indent 2 1`RR@"R TYBody Text Indent 22dx^TS@2T TYBody Text Indent 33x^CJaJ2?B2 TYClosing 4^$L$ TYDate5<[b< TYE-mail Signature6.Xq. TYEmphasis6]h$@h Envelope Address)8@ &+D/^@ ^JF%@F TYEnvelope Return9 CJ^JaJL&@L LFootnote ReferenceCJH*OJQJF@F op Footnote Text ;CJaJ0_0 TY HTML Acronym:`: TY HTML Address=6]0a0 TY HTML Cite6]>b> TY HTML CodeCJOJQJ^JaJ<c< TYHTML Definition6]FdF TY HTML KeyboardCJOJQJ^JaJRe@"R TYHTML PreformattedBCJOJQJ^JaJ:f1: TY HTML Sample OJQJ^JJgAJ TYHTML TypewriterCJOJQJ^JaJ8hQ8 TY HTML Variable6].(a. TY Line Number4/@r4 TYListG^`82@8 TYList 2H6^6`83@8 TYList 3IQ^Q`84@8 TYList 4Jl^l`85@8 TYList 5K^`::LStyle NumberedL F>6@> TY List Bullet 2 M & F>7@> TY List Bullet 3 N & F>8@> TY List Bullet 4 O & F>9@> TY List Bullet 5 P & FBD@B TY List ContinueQx^FE@"F TYList Continue 2R6x^6FF@2F TYList Continue 3SQx^QFH@BF TYList Continue 5Tx^:1@R: TY List Number U & F>:@b> TY List Number 2 V & F >;@r> TY List Number 3 W & F ><@> TY List Number 4 X & F>=@> TY List Number 5 Y & FI TYMessage HeadergZn$d%d&d'd-DM NOPQ^n`^J<^< TY Normal (Web)[OJQJ>@> TY Normal Indent \^4O4 TY Note Heading].)@. TY Page NumberDZD TY Plain Text_CJOJQJ^JaJ0K0 TY Salutation`6@6 TY Signature a^>J"> TYSubtitleb$<@&a$^J@3 TYTable 3D effects 1m:Vcj#j#j#j#j.j.j.j. c55\5B* \`J phB* `J ph:@C: TYTable 3D effects 2:Vdj.@j#j9jj 4d5\5\x@Sx TYTable 3D effects 3:Vej.@j j j#j9jj44e:B*`Jph B*`Jph5\5\fr@cf TYTable Classic 1:Vf0  j#j#j#jj f9B*`Jph6]5\56\]s@s TYTable Classic 2#:Vg0  j% j#j0 jjj%  g:5\B*`JphB* `J ph5\Xt@X TYTable Classic 3:Vh0    jj0  j0  hQB* ph5B*\`JphB* `J ph56B*\]`Jphu@ TYTable Classic 4:Vi0  jj0 j0 jj iX5\B* `J ph56B*\]`JphB* `J ph5\Vv@V TYTable Colorful 1:Vj0    j% j% jj%  j<B*ph56\]56\]56\]Xw@X TYTable Colorful 2:Vk0 j% jj0  j k@56\]56B*\]`Jph56\]8x@8 TYTable Colorful 3:Vl0j;$ j0 j%  l5B*\`Jphy@ TYTable Columns 1 :Vm0    j j jjjj#jj4ml5\B*`Jph B*`Jph5\5\5\5\5\5\z@ TYTable Columns 2:Vnj j jjjj% jj4n5\B*`Jph B*`Jph5\5B*\`Jph5\B*`Jph5\5\{@ TYTable Columns 3:Vo0j j jjj#j% j4oh5\B*`Jph B*`Jph5\5\5\B*`Jph5\|@ TYTable Columns 4:Vpj j jjj% 4pLB*`Jph B*`Jph5\5\B*`Jphd}@d TYTable Columns 5:Vq0    j jjj#j#4qVB*`Jph B*`Jph5\5\5\56\]4@#4 TYTable Contemporary:Vr0j%@ j% j% 4r<@B*`JphB*`Jph5B*\`Jph@3 TY Table Elegant_:Vs0j s;B*`Jphn@Cn TY Table Grid7:Vt0t~@S TY Table Grid 1z:Vu0jj u6]6]"@c" TY Table Grid 2:Vv0jjj#j v,5\5\5\5\@s TY Table Grid 3:Vw0  jjj0  w5\5\B@B TY Table Grid 4:Vx0  jj0 j0  xB5B*\`Jph5B*\`JphB*`Jph @  TY Table Grid 5:Vy0    jjj# j y5\5\(@( TY Table Grid 6:Vz0    jj#j#j z(5\B*`Jph5\N@N TY Table Grid 7:V{0    jjj#j# j {25\5\5\5\5\$@$ TY Table Grid 8:V|0jjj%  |H5B*\`Jph5B*\`Jph5B*\`Jphz@z TY Table List 1:V}0  j%@ jj#j0 j4}M@B*`JphB*`Jph56B* \]`J ph5\t@t TY Table List 2:V~0 j%@ jj#j0 j4~G@B*`JphB*`Jph5B*\`Jph5\@ TY Table List 3:V0  j# j# j 05B* \`J ph6B* ]`J ph@ TY Table List 4w:V0    j0   5B*\`Jph@ TY Table List 5:V0jj#  5\5\ @#  TY Table List 6:V0j%@ j# j#  45\5\@3 TY Table List 7:V0  j%@ j% jjj# j0  4>@B*`Jph5\5\5\5\@C TY Table List 8:V0j%@ j% jjj#j0 4D@B*`Jph5\5\5\56\]@S TYTable Professionall:V0j%  5B*\`Jpho@c TYTable Simple 1:V0  j#j# vp@sv TYTable Simple 2:Vj#j# j#j# j#j#O5\5\5B*\`Jph5\5\5\q@ TYTable Simple 3l:V0    j%  5B*\`Jpht@t TYTable Subtle 1 :Vj0@ j# j# j0  j. jj45\5\t@t TYTable Subtle 2:V0j0  j0  j# j# jj5\5\p@p TY Table Theme7:V0@ TY Table Web 1h:V03j B*`Jph@ TY Table Web 2h:V03j B*`Jph@ TY Table Web 3h:V03j B*`JphN>@N TYTitle$<@&a$5CJ KH\^JaJ FV@ F TYFollowedHyperlink >*B* ph:0@ :  List Bullet & F" 'Contact detailsC$$ & 6m I %\d.1$7$8$H$CJOJQJ^J_H mH sH R1 R E Char Char9&6CJOJQJ\_HaJmH sH tH PA P E Char Char8#CJOJQJ]_HaJmH sH tH FQ F E Char CharOJQJ^J_HmH sH tH Ta T ;opFootnote Text CharOJQJ_HmH sH tH Vor V *eDefault 7$8$H$!B*CJ_HaJmH phsH tH .&'',EDrM\lz PV }D zR6kIJuvGH !"67_`    J K # $ e f { | ; < ^_"#]^wx#$78TUlmlm  FGcdw x " """####F%G%%%0&1&*'+'v(w(((((L)M)))e*f***1+2+,,w,x,,,,,e-f---K.L.00D1E1111222?3@333748444T6U6 7!777,8-888::::;;Y<Z<D>>>>??????@#$紡AACCEEFFGGܱڱII紳JJ56LLٲܲMMMMNN; ԕ|ՕT ֕Z וdO  ##9&9&6,6,ggkk]]hh'>>yy55$${      !"#$%&'()*+,-.##B&B&?,?,ggttffqq5KK;;,,{  !"#$%&'()*+,-.8-*urn:schemas-microsoft-com:office:smarttagsCity9*urn:schemas-microsoft-com:office:smarttagsStateB.*urn:schemas-microsoft-com:office:smarttagscountry-region9/*urn:schemas-microsoft-com:office:smarttagsplace Ы /.--/-/.//./..///./././././././.././-//-/---/-  ,4ej _`;@).ruZ_HI((1)6)**--: :FFmHnHHHMMNNNNlQoQUU__bbkk5o:ooozzzz}}~ٝڝ%(˴дR\67$49stHMSSUUVVXY[\^_x{7<~  % R ] + 5 !ds##))$+/+J1L11133<4?4==>>??FFijGGɴⴳLLNNQQWWYoo~~"+9;қלڜٝ՝̟Οɡդ˥Υ47ĦǦǩװٰٲ4833333333333333333333333333333333333333333333333333333333333333333333333333333333նն<=uuyzLLPQRSSUUVVXY[\^jux{eejjaaqqbbGH_`}}<=uuyzLLPQRSSUUVVXY[\^jux{Cn2 W;|0NY}Z6oX~XUWV1P2OVVN򆜯MUYT}~6V|7  90 `!# x) u1 14P/> EH&?  oF F J v"CN q;OoSCcFQtN}. .^`.^`.^`.^`. ^`OJQJo( ^`OJQJo( ^`OJQJo( ^`OJQJo(hh^h`. hh^h`OJQJo(h ^`hH.h ^`hH.h pLp^p`LhH.h @ @ ^@ `hH.h ^`hH.h L^`LhH.h ^`hH.h ^`hH.h PLP^P`LhH. hh^h`hH) ^`hH) 88^8`hH) ^`hH() ^`hH() pp^p`hH()   ^ `hH. @ @ ^@ `hH.   ^ `hH. hh^h`hH) ^`hH) 88^8`hH) ^`hH() ^`hH() pp^p`hH()   ^ `hH. @ @ ^@ `hH.   ^ `hH. ^`hH Article . ^`hH Section . P^`PhH() `p`^``phH() P^`PhH) P^`PhH) ^`hH) P^`PhH. 0p0^0`phH. SS^S`o(hH SS^S`o(hH.SS^S`56CJOJQJo(hH() SS^S`o(hH() ^`o(hH .... ^`o(hH ..... ^`o(hH ......  `^``o(hH.......  00^0`o(hH........ hh^h`hH) ^`hH) 88^8`hH) ^`hH() ^`hH() pp^p`hH()   ^ `hH. @ @ ^@ `hH.   ^ `hH. ^`hH. ^`hH. pp^p`hH. @ @ ^@ `hH. ^`hH. ^`hH. ^`hH. ^`hH. PP^P`hH. hh^h`hH) ^`hH) 88^8`hH) ^`hH() ^`hH() pp^p`hH()   ^ `hH. @ @ ^@ `hH.   ^ `hH. hh^h`hH) ^`hH) 88^8`hH) ^`hH() ^`hH() pp^p`hH()   ^ `hH. @ @ ^@ `hH.   ^ `hH. hh^h`hH) ^`hH) 88^8`hH) ^`hH() ^`hH() pp^p`hH()   ^ `hH. @ @ ^@ `hH.   ^ `hH.^`CJOJQJhH.h ^`hH.h pLp^p`LhH.h @ @ ^@ `hH.h ^`hH.h L^`LhH.h ^`hH.h ^`hH.h PLP^P`LhH. hh^h`hH. P^`PhH.. ^`hH... xp^`xhH....  ^`hH .....  X ^ `XhH ......  ^ `hH.......  8^`8hH........  `^``hH......... ^`hH. ^`hH. pp^p`hH. @ @ ^@ `hH. ^`hH. ^`hH. ^`hH. ^`hH. PP^P`hH.88^8`OJQJo(hH ^`hH. pp^p`hH. @ @ ^@ `hH. ^`hH. ^`hH. ^`hH. ^`hH. PP^P`hH.hh^h`^Jo(hH. ^`hH. pLp^p`LhH. @ @ ^@ `hH. ^`hH. L^`LhH. ^`hH. ^`hH. PLP^P`LhH.}|~"CN/>`!F Jx)}tN}x) u1 oFEH&?9014Ј q;O SCch |7 SCcCn500CTt00S0Us0PS0Us0PRS0Us0P                                    lh        J"Uf-n>;F[>vK%r24@yL] b$w#f*@gF]SEGc@GnGKMI-rJSO>P(KP@5Q,RLUWT\]4]/]E__*eicikjk6k^mnn9popwpiq^]rHu w &wTwAx@}f~4d~ % $*W=`=_O<r/lSWGb_.zQzV/n@U; Ggo'4jv}&5w-.8Sf-&yvG[q9Ox 'q0mv\[Y0s/B?O</FoO(TY]5~DmLnY.XLu@ z@@Unknowngz Times New RomanTimes New Roman5Symbol?& z ArialArial7K@CambriaG5  hMS Mincho-3 fg?5 z Courier NewCMArialMTArial"1hn&& ػp ػpx4d\\ 2qHX *e21Cassandra DawesCassandra Dawest         *   )  L    Oh+'0|  8 D P\dlt1Cassandra Dawes normal.dotCassandra Dawes2Microsoft Office Word@3@쁪?@o? ػ՜.+,0 hp  $鱨վp\' 1 Title  !"#$%&'()*+,-./0123456789:;<=>?@ABCDEFGHIJKLMNOPQRSTUVWXYZ[\]^_`abcdefghijklmnopqrstuvwxyz{|}~      !"#$%&'()*,-./012456789:?Root Entry FpG}?AData 1Table9WordDocument7RSummaryInformation(+DocumentSummaryInformation83CompObjq  FMicrosoft Office Word Document MSWordDocWord.Document.89q