Wk 11_Vic Charter

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8/10/2019 Wk 11_Vic Charter http://slidepdf.com/reader/full/wk-11vic-charter 1/28 Charter of Human Rights and Responsibilities Act 2006 [EXTRACTS TA!"E #$ %R#&'S'#(S [E)'TE) Section Page %ART *+%RE"','(AR- 1. Purpose and citation 5. Human rights in this Charter in addition to other rights and freedoms 6. Application %ART 2+H.,A( R'/HTS 7. Human rights—what they are and when they may be limited . !ecognition and e"uality before the law #. !ight to life 1$. Protection from torture and cruel% inhuman or degrading treatment 11. &reedom from forced wor' 1(. &reedom of mo)ement 1*. Pri)acy and reputation 1+. &reedom of thought% conscience% religion and belief 15. &reedom of e,pression 16. Peaceful assembly and freedom of association 17. Protection of families and children 1. -a'ing part in public life 1#. Cultural rights ($. Property rights (1. !ight to liberty and security of person ((. Humane treatment when depri)ed of liberty (*. Children in the criminal process (+. &air hearing (5. !ights in criminal proceedings (6. !ight not to be tried or punished more than once (7. !etrospecti)e criminal laws %ART +A%%"'CAT'#( #$ H.,A( R'/HTS '( &'CT#R'A )i1ision *+Scrutin of (e3 "egislation (. tatements of compatibility (#. /o effect on 0ictorian law *$. crutiny of Acts and !egulations Committee )i1ision 2+#1erride )eclaration *1. )erride by Parliament )i1ision +'nterpretation of "a3s *(. 2nterpretation *6. 3eclaration of inconsistent interpretation *7. Action on declaration of inconsistent interpretation )i1ision 4+#bligations on %ublic Authorities *. Conduct of public authorities i

Transcript of Wk 11_Vic Charter

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Charter of Human Rights and Responsibilities Act 2006 [EXTRACTS

TA!"E #$ %R#&'S'#(S [E)'TE)

Section Page

%ART *+%RE"','(AR-

1. Purpose and citation

5. Human rights in this Charter in addition to other rights andfreedoms

6. Application

%ART 2+H.,A( R'/HTS

7. Human rights—what they are and when they may be limited. !ecognition and e"uality before the law#. !ight to life

1$. Protection from torture and cruel% inhuman or degrading

treatment11. &reedom from forced wor' 1(. &reedom of mo)ement1*. Pri)acy and reputation1+. &reedom of thought% conscience% religion and belief 

15. &reedom of e,pression16. Peaceful assembly and freedom of association17. Protection of families and children1. -a'ing part in public life1#. Cultural rights($. Property rights

(1. !ight to liberty and security of person((. Humane treatment when depri)ed of liberty

(*. Children in the criminal process(+. &air hearing(5. !ights in criminal proceedings(6. !ight not to be tried or punished more than once

(7. !etrospecti)e criminal laws

%ART +A%%"'CAT'#( #$ H.,A( R'/HTS '(

&'CT#R'A

)i1ision *+Scrutin of (e3 "egislation

(. tatements of compatibility(#. /o effect on 0ictorian law*$. crutiny of Acts and !egulations Committee

)i1ision 2+#1erride )eclaration

*1. )erride by Parliament

)i1ision +'nterpretation of "a3s

*(. 2nterpretation*6. 3eclaration of inconsistent interpretation*7. Action on declaration of inconsistent interpretation

)i1ision 4+#bligations on %ublic Authorities

*. Conduct of public authorities

i

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Charter of Human Rights and

Responsibilities Act 20065

4Assented to (5 uly ($$6

%reamble

n behalf of the people of 0ictoria the Parliament

enacts this Charter% recognising that all people are

 born free and e"ual in dignity and rights.

-his Charter is founded on the following principles

 — 

• human rights are essential in a democratic

and inclusi)e society that respects the rule of

law% human dignity% e"uality and freedom

• human rights belong to all people without

discrimination% and the di)ersity of the

 people of 0ictoria enhances our community

 

&ictoria

(o 4 of 2006

1

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• human rights come with responsibilities and

must be e,ercised in a way that respects the

human rights of others

• human rights ha)e a special importance for

the Aboriginal people of 0ictoria% as

descendants of Australia8s first people% with

their di)erse spiritual% social% cultural and

economic relationship with their traditional

lands and waters.

The %arliament of &ictoria therefore enacts as follo3s7

%ART *+%RE"','(AR-

* %urpose and citation

91: -his Act may be referred to as the Charter of

Human !ights and !esponsibilities and is soreferred to in this Act.

9(: -he main purpose of this Charter is to protect and

 promote human rights by— 

9a: setting out the human rights that Parliament

specifically see's to protect and promote

and

9b: ensuring that all statutory pro)isions%

whene)er enacted% are interpreted so far as is

 possible in a way that is compatible withhuman rights and

9c: imposing an obligation on all public

authorities to act in a way that is compatible

with human rights and

9d: re"uiring statements of compatibility with

human rights to be prepared in respect of all

s *

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;ills introduced into Parliament and

enabling the crutiny of Acts and

!egulations Committee to report on such

compatibility and

9e: conferring <urisdiction on the upreme Court

to declare that a statutory pro)ision cannot

 be interpreted consistently with a human

right and re"uiring the rele)ant =inister to

respond to that declaration.

9*: 2n addition% this Charter— 

9a: enables Parliament% in e,ceptional

circumstances% to o)erride the application of

the Charter to a statutory pro)ision and

9b: renames the >"ual pportunity Commission

as the 0ictorian >"ual pportunity andHuman !ights Commission and confers

additional functions on it and

9c: ma'es conse"uential amendments to certain

Acts.

?

8 Human rights in this Charter in addition to other

rights and freedoms

A right or freedom not included in this Charter

that arises or is recognised under any other law9including international law% the common law% the

Constitution of the Commonwealth and a law of

the Commonwealth: must not be ta'en to be

abrogated or limited only because the right or

freedom is not included in this Charter or is only

 partly included.

s 8

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6 Application

91: nly persons ha)e human rights. All persons

ha)e the human rights set out in Part (.

 /ote@ Corporations do not ha)e human rights.

?

  

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%ART 2+H.,A( R'/HTS

9 Human rights+3hat the are and 3hen the ma

be limited

91: -his Part sets out the human rights that Parliament

specifically see's to protect and promote.

9(: A human right may be sub<ect under law only to

such reasonable limits as can be demonstrably

 <ustified in a free and democratic society based on

human dignity% e"uality and freedom% and ta'ing

into account all rele)ant factors including— 

9a: the nature of the right and

9b: the importance of the purpose of the

limitation and

9c: the nature and e,tent of the limitation and

9d: the relationship between the limitation and

its purpose and

9e: any less restricti)e means reasonably

a)ailable to achie)e the purpose that the

limitation see's to achie)e.

9*: /othing in this Charter gi)es a person% entity or

 public authority a right to limit 9to a greater e,tent

than is pro)ided for in this Charter: or destroy the

human rights of any person.: Recognition and e;ualit before the la3

91: >)ery person has the right to recognition as a

 person before the law.

9(: >)ery person has the right to en<oy his or her

human rights without discrimination.

s 9

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9*: >)ery person is e"ual before the law and is

entitled to the e"ual protection of the law without

discrimination and has the right to e"ual and

effecti)e protection against discrimination.

9+: =easures ta'en for the purpose of assisting or

ad)ancing persons or groups of persons

disad)antaged because of discrimination do not

constitute discrimination.

< Right to life

>)ery person has the right to life and has the right

not to be arbitrarily depri)ed of life.

*0 %rotection from torture and cruel= inhuman ordegrading treatment

A person must not be— 

9a: sub<ected to torture or 

9b: treated or punished in a cruel% inhuman or

degrading way or 

9c: sub<ected to medical or scientific

e,perimentation or treatment without his or

her full% free and informed consent.

** $reedom from forced 3or> 

91: A person must not be held in sla)ery or ser)itude.

9(: A person must not be made to perform forced or

compulsory labour.

9*: &or the purposes of subBsection 9(: ?forced or

compulsor labour? does not include— 

s <

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9a: wor' or ser)ice normally re"uired of a

 person who is under detention because of a

lawful court order or who% under a lawful

court order% has been conditionally released

from detention or ordered to perform wor' in

the community or 

9b: wor' or ser)ice re"uired because of an

emergency threatening the 0ictorian

community or a part of the 0ictorian

community or 

9c: wor' or ser)ice that forms part of normal

ci)il obligations.9+: 2n this section ?court order? includes an order

made by a court of another <urisdiction.

*2 $reedom of mo1ement

>)ery person lawfully within 0ictoria has the

right to mo)e freely within 0ictoria and to enter

and lea)e it and has the freedom to choose where

to li)e.

* %ri1ac and reputation

A person has the right— 

9a: not to ha)e his or her pri)acy% family% home

or correspondence unlawfully or arbitrarily

interfered with and

9b: not to ha)e his or her reputation unlawfully

attac'ed.

*4 $reedom of thought= conscience= religion and belief 

s *2

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91: >)ery person has the right to freedom of thought%

conscience% religion and belief% including— 

9a: the freedom to ha)e or to adopt a religion or

 belief of his or her choice and

9b: the freedom to demonstrate his or her

religion or belief in worship% obser)ance%

 practice and teaching% either indi)idually or

as part of a community% in public or in

 pri)ate.

9(: A person must not be coerced or restrained in a

way that limits his or her freedom to ha)e or adopta religion or belief in worship% obser)ance%

 practice or teaching.

*8 $reedom of e@pression

91: >)ery person has the right to hold an opinion

without interference.

9(: >)ery person has the right to freedom of

e,pression which includes the freedom to see'%recei)e and impart information and ideas of all

'inds% whether within or outside 0ictoria and

whether— 

9a: orally or 

9b: in writing or 

9c: in print or 

s *8

 

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9d: by way of art or 

9e: in another medium chosen by him or her.

9*: pecial duties and responsibilities are attached to

the right of freedom of e,pression and the right

may be sub<ect to lawful restrictions reasonably

necessary— 

9a: to respect the rights and reputation of other

 persons or 

9b: for the protection of national security% public

order% public health or public morality.

*6 %eaceful assembl and freedom of association

91: >)ery person has the right of peaceful assembly.

9(: >)ery person has the right to freedom of

association with others% including the right to form

and <oin trade unions.

*9 %rotection of families and children

91: &amilies are the fundamental group unit of society

and are entitled to be protected by society and the

tate.

9(: >)ery child has the right% without discrimination%

to such protection as is in his or her best interests

and is needed by him or her by reason of being a

child.

*: Ta>ing part in public life

91: >)ery person in 0ictoria has the right% and is to

ha)e the opportunity% without discrimination% to

s *9

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 participate in the conduct of public affairs% directly

or through freely chosen representati)es.

9(: >)ery eligible person has the right% and is to ha)e

the opportunity% without discrimination— 

9a: to )ote and be elected at periodic tate and

municipal elections that guarantee the free

e,pression of the will of the electors and

9b: to ha)e access% on general terms of e"uality%

to the 0ictorian public ser)ice and public

office.

*< Cultural rights

91: All persons with a particular cultural% religious%

racial or linguistic bac'ground must not be denied

the right% in community with other persons of that bac'ground% to en<oy his or her culture% to declare

and practise his or her religion and to use his or

her language.

9(: Aboriginal persons hold distinct cultural rights

and must not be denied the right% with other

members of their community— 

9a: to en<oy their identity and culture and

9b: to maintain and use their language and

9c: to maintain their 'inship ties and

9d: to maintain their distincti)e spiritual%

material and economic relationship with the

land and waters and other resources with

which they ha)e a connection under

traditional laws and customs.

20 %ropert rights

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A person must not be depri)ed of his or her

 property other than in accordance with law.

2* Right to libert and securit of person

91: >)ery person has the right to liberty and security.

9(: A person must not be sub<ected to arbitrary arrest

or detention.

9*: A person must not be depri)ed of his or her liberty

e,cept on grounds% and in accordance with

 procedures% established by law.

9+: A person who is arrested or detained must be

informed at the time of arrest or detention of thereason for the arrest or detention and must be

 promptly informed about any proceedings to be

 brought against him or her.

95: A person who is arrested or detained on a criminal

charge— 

9a: must be promptly brought before a court

and

9b: has the right to be brought to trial without

unreasonable delay and9c: must be released if paragraph 9a: or 9b: is not

complied with.

96: A person awaiting trial must not be automatically

detained in custody% but his or her release may be

sub<ect to guarantees to appear— 

9a: for trial and

s 20

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9b: at any other stage of the <udicial proceeding

and

9c: if appropriate% for e,ecution of <udgment.

97: Any person depri)ed of liberty by arrest or

detention is entitled to apply to a court for a

declaration or order regarding the lawfulness of

his or her detention% and the court must— 

9a: ma'e a decision without delay and

9b: order the release of the person if it finds that

the detention is unlawful.

9: A person must not be imprisoned only because ofhis or her inability to perform a contractual

obligation.

22 Humane treatment 3hen depri1ed of libert

91: All persons depri)ed of liberty must be treated

with humanity and with respect for the inherent

dignity of the human person.

9(: An accused person who is detained or a person

detained without charge must be segregated from

 persons who ha)e been con)icted of offences%e,cept where reasonably necessary.

9*: An accused person who is detained or a person

detained without charge must be treated in a way

that is appropriate for a person who has not been

con)icted.

2 Children in the criminal process

s 22

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91: An accused child who is detained or a child

detained without charge must be segregated from

all detained adults.

9(: An accused child must be brought to trial as

"uic'ly as possible.

9*: A child who has been con)icted of an offence

must be treated in a way that is appropriate for his

or her age.

24 $air hearing

91: A person charged with a criminal offence or a

 party to a ci)il proceeding has the right to ha)ethe charge or proceeding decided by a competent%

independent and impartial court or tribunal after a

fair and public hearing.

9(: 3espite subBsection 91:% a court or tribunal may

e,clude members of media organisations or other

 persons or the general public from all or part of a

hearing if permitted to do so by a law other than

this Charter.

 /ote@ &or e,ample% section 1# of the Supreme Court

Act *<:6 sets out the circumstances in which theupreme Court may close all or part of a proceeding

to the public. ee also section $AA of the Count

Court Act *<8: and section 1(6 of the ,agistrates

Court Act *<:<.

9*: All <udgments or decisions made by a court or

tribunal in a criminal or ci)il proceeding must be

made public unless the best interests of a child

s 2

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otherwise re"uires or a law other than this Charter

otherwise permits.

28 Rights in criminal proceedings

91: A person charged with a

criminal offence has the right to be presumed innocent until

 pro)ed guilty according to law.

9(: A person charged with a criminal offence is

entitled without discrimination to the following

minimum guarantees— 

9a: to be informed promptly and in detail of the

nature and reason for the charge in a

language or% if necessary% a type of

communication that he or she spea's or

understands and

9b: to ha)e ade"uate time and facilities to

 prepare his or her defence and to

communicate with a lawyer or ad)isor

chosen by him or her and

9c: to be tried without unreasonable delay and

9d: to be tried in person% and to defend himself

or herself personally or through legal

assistance chosen by him or her or% if

eligible% through legal aid pro)ided by0ictoria egal Aid under the "egal Aid

Act *<9: and

9e: to be told% if he or she does not ha)e legal

assistance% about the right% if eligible% to legal

aid under the "egal Aid Act *<9: and

s 28

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9f: to ha)e legal aid pro)ided if the interests of

 <ustice re"uire it% without any costs payable

 by him or her if he or she meets the

eligibility criteria set out in the "egal Aid

Act *<9: and

9g: to e,amine% or ha)e e,amined% witnesses

against him or her% unless otherwise pro)ided

for by law and

9h: to obtain the attendance and e,amination of

witnesses on his or her behalf under the same

conditions as witnesses for the prosecution

and

9i: to ha)e the free assistance of an interpreter if 

he or she cannot understand or spea'

>nglish and9<: to ha)e the free assistance of assistants and

specialised communication tools and

technology if he or she has communication

or speech difficulties that re"uire such

assistance and

9': not to be compelled to testify against himself 

or herself or to confess guilt.

9*: A child charged with a criminal offence has the

right to a procedure that ta'es account of his or

her age and the desirability of promoting thechild8s rehabilitation.

9+: Any person con)icted of a criminal offence has

the right to ha)e the con)iction and any sentence

imposed in respect of it re)iewed by a higher

court in accordance with law.

26 Right not to be tried or punished more than once

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A person must not be tried or punished more than

once for an offence in respect of which he or she

has already been finally con)icted or ac"uitted in

accordance with law.

29 Retrospecti1e criminal la3s

91: A person must not be found guilty of a criminal

offence because of conduct that was not a criminal

offence when it was engaged in.

9(: A penalty must not be imposed on any person for

a criminal offence that is greater than the penalty

that applied to the offence when it was committed.

9*: 2f a penalty for an offence is reduced after a person committed the offence but before the

 person is sentenced for that offence% that person is

eligible for the reduced penalty.

9+: /othing in this section affects the trial or

 punishment of any person for any act or omission

which was a criminal offence under international

law at the time it was done or omitted to be done.

  

s 26 s 29

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%ART +A%%"'CAT'#( #$ H.,A( R'/HTS '( &'CT#R'A

)i1ision *+Scrutin of (e3 "egislation

2: Statements of compatibilit

91: A member of Parliament who proposes to

introduce a ;ill into a House of Parliament must

cause a statement of compatibility to be prepared

in respect of that ;ill.

9(: A member of Parliament who introduces a ;ill

into a House of Parliament% or another member

acting on his or her behalf% must cause thestatement of compatibility prepared under subB

section 91: to be laid before the House of

Parliament into which the ;ill is introduced before

gi)ing his or her second reading speech on the

;ill.

 /ote@ -he obligation in subBsections 91: and 9(: applies to=inisters introducing go)ernment ;ills and members

of Parliament introducing nonBgo)ernment ;ills.

9*: A statement of compatibility must state— 

9a: whether% in the member8s opinion% the ;ill iscompatible with human rights and% if so% how

it is compatible and

9b: if% in the member8s opinion% any part of the

;ill is incompatible with human rights% the

nature and e,tent of the incompatibility.

s 2:

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9+: A statement of compatibility made under this

section is not binding on any court or tribunal.

2< (o effect on &ictorian la3

A failure to comply with section ( in relation to

any ;ill that becomes an Act does not affect the

)alidity% operation or enforcement of that Act or of 

any other statutory pro)ision.

0 Scrutin of Acts and Regulations Committee

-he crutiny of Acts and !egulations Committee

must consider any ;ill introduced into Parliament

and must report to the Parliament as to whetherthe ;ill is incompatible with human rights.

 /ote@ -he crutiny of Acts and !egulations Committeemust also re)iew all statutory rules and report toParliament if it considers the statutory rule to beincompatible with human rights@ see section (1 of the

Subordinate "egislation Act *<<4.

)i1ision 2+#1erride )eclaration

* #1erride b %arliament

91: Parliament may e,pressly declare in an Act thatthat Act or a pro)ision of that Act or another Act

or a pro)ision of another Act has effect despite

 being incompatible with one or more of the

human rights or despite anything else set out in

this Charter.

9(: 2f an o)erride declaration is made in respect of an

Act or a pro)ision of an Act that declaration must

s 0

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 be ta'en to e,tend to any subordinate instrument

made under or for the purpose of that Act or

 pro)ision.

9*: A member of Parliament who introduces a ;ill

containing an o)erride declaration% or anothermember acting on his or her behalf% must ma'e a

statement to the egislati)e Council or the

egislati)e Assembly% as the case re"uires%

e,plaining the e,ceptional circumstances that

 <ustify the inclusion of the o)erride declaration.

9+: 2t is the intention of Parliament that an o)erride

declaration will only be made in e,ceptional

circumstances.

95: A statement under subBsection 9*: must be made— 

9a: during the second reading speech for the ;ill

that contains the o)erride declaration or 

9b: after not less than (+ hours8 notice is gi)en of 

the intention to ma'e the statement but

 before the third reading of the ;ill or 

9c: with the lea)e of the egislati)e Council or

the egislati)e Assembly% as the case

re"uires% at any time before the third reading

of the ;ill.

96: 2f an o)erride declaration is made in respect of a

statutory pro)ision% then to the e,tent of the

declaration this Charter has no application to that

 pro)ision.

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 /ote@ As the Charter has no application to a statutory pro)ision for which an o)erride declaration has beenmade% the upreme Court cannot ma'e a declarationof inconsistent interpretation in respect of thatstatutory pro)ision. Also% the re"uirement under

section *( to interpret that

 pro)ision in a way that iscompatible with human rightsdoes not apply.

97: A pro)ision of an Act containing an o)erride

declaration e,pires on the 5th anni)ersary of the

day on which that pro)ision comes into operation

or on such earlier date as may be specified in that

Act.

9: Parliament may% at any time% reBenact an o)erride

declaration% and the pro)isions of this section

apply to any reBenacted declaration.9#: A failure to comply with subBsection 9*: or 95: in

relation to any ;ill that becomes an Act does not

affect the )alidity% operation or enforcement of

that Act or of any other statutory pro)ision.

)i1ision +'nterpretation of "a3s

2 'nterpretation91: o far as it is possible to do so consistently with

their purpose% all statutory pro)isions must be

interpreted in a way that is compatible with

human rights.

9(: 2nternational law and the <udgments of domestic%

foreign and international courts and tribunals

s * s 2

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rele)ant to a human right may be considered in

interpreting a statutory pro)ision.

9*: -his section does not affect the )alidity of— 

9a: an Act or pro)ision of an Act that is

incompatible with a human right or 

9b: a subordinate instrument or pro)ision of a

subordinate instrument that is incompatible

with a human right and is empowered to be

so by the Act under which it is made.

?

6 )eclaration of inconsistent interpretation

91: -his section applies if — 

9a: in a upreme Court proceeding a "uestion oflaw arises that relates to the application of

this Charter or a "uestion arises with respect

to the interpretation of a statutory pro)ision

in accordance with this Charter or 

9b: the upreme Court has had a "uestion

referred to it under section ** or 

9c: an appeal before the Court of Appeal relates

to a "uestion of a 'ind referred to in

 paragraph 9a:.

9(: ub<ect to any rele)ant o)erride declaration% if in a

 proceeding the upreme Court is of the opinion

that a statutory pro)ision cannot be interpreted

consistently with a human right% the Court may

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ma'e a declaration to that effect in accordance

with this section.

9*: 2f the upreme Court is considering ma'ing a

declaration of inconsistent interpretation% it must

ensure that notice in the prescribed form of that

fact is gi)en to the AttorneyBDeneral and the

Commission.

9+: -he upreme Court must not ma'e a declaration

of inconsistent interpretation unless the Court is

satisfied that— 

9a: notice in the prescribed form has been gi)ento the AttorneyBDeneral and the Commission

under subBsection 9*: and

9b: a reasonable opportunity has been gi)en to

the AttorneyBDeneral and the Commission to

inter)ene in the proceeding or to ma'e

submissions in respect of the proposed

declaration of inconsistent interpretation.

95: A declaration of inconsistent interpretation does

not— 

9a: affect in any way the )alidity% operation orenforcement of the statutory pro)ision in

respect of which the declaration was made

or 

9b: create in any person any legal right or gi)e

rise to any ci)il cause of action.

s 6

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96: -he upreme Court must cause a copy of a

declaration of inconsistent interpretation to be

gi)en to the AttorneyBDeneral— 

9a: if the period pro)ided for the lodging of an

appeal in respect of the proceeding in which

the declaration was made has ended without

such an appeal ha)ing been lodged% within

7 days after the end of that period or 

9b: if on appeal the declaration is upheld% within

7 days after any appeal has been finalised.E@ample

2f the -rial 3i)ision of the upreme Court ma'es adeclaration of inconsistent interpretation 9based on areferral of a "uestion from 0CA-: and on appeal theCourt of Appeal upholds the declaration% a copy of the

declaration must be sent to the AttorneyBDeneralwithin 7 days after the Court of Appeal8s decision.

97: -he AttorneyBDeneral must% as soon as reasonably

 practicable% gi)e a copy of a declaration of

inconsistent interpretation recei)ed under subB

section 96: to the =inister administering thestatutory pro)ision in respect of which the

declaration was made% unless the rele)ant =inister 

is the AttorneyBDeneral.

9 Action on declaration of inconsistent interpretation

Eithin 6 months after recei)ing a declaration of

inconsistent interpretation% the =inister

s 9

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Ehere the public authority is acting to gi)e effect to astatutory pro)ision that is incompatible with a human right.

9*: -his section does not apply to an act or decision

of a pri)ate nature.

9+: ubBsection 91: does not re"uire a public

authority to act in a way% or ma'e a decision% thathas the effect of impeding or pre)enting a

religious body 9including itself in the case of a

 public authority that is a religious body: from

acting in conformity with the religious doctrines%

 beliefs or principles in accordance with which the

religious body operates.

95: 2n this section ?religious bod? means— 

9a: a body established for a religious purpose or 

9b: an entity that establishes% or directs% controlsor administers% an educational or other

charitable entity that is intended to be% and is%

conducted in accordance with religious

doctrines% beliefs or principles.

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