Division 3 Election of officers
(1) The regulations may make provision for or with respect to the election of officers of State organisations.(2) Any such regulations may deal with any of the matters dealt with in Chapter 7 of the Fair Work (Registered Organisations) Act 2009 of the Commonwealth in connection with the election of officers of organisations registered under that Act. The regulations may adopt the provisions of that Chapter, with or without modification.
250 Offences in relation to elections
(1) A person must not, without lawful authority or excuse, in relation to an election for an office in a State organisation:(a) personate another person to secure a ballot-paper to which the personator is not entitled, or personate another person for the purpose of voting, or(b) destroy, deface, alter, take or otherwise interfere with a nomination paper, ballot-paper or envelope, or(c) put or deliver a ballot-paper or other paper:(i) into a ballot-box or other ballot receptacle, or(ii) into the post, or(d) deliver a ballot-paper or other paper to a person receiving ballot-papers for the purposes of the election or ballot, or(e) record a vote that the person is not entitled to record, or(f) record more than one vote, or(g) forge a nomination paper, ballot-paper or envelope, or utter a nomination paper, ballot-paper or envelope that the person knows to be forged, or(h) provide a ballot-paper, or(i) obtain, or have possession, of a ballot-paper, or(j) destroy, take, open or otherwise interfere with a ballot-box or other ballot receptacle.(2) A person must not, without lawful authority or excuse, in relation to an election for an office in a State organisation threaten, offer or suggest, or use, cause, inflict or procure, any violence, injury, punishment, damage, loss or disadvantage because of, or to induce:(a) any candidature or withdrawal of candidature, or(b) any vote or omission to vote, or(c) any support or opposition to any candidate, or(d) any promise of any vote, omission, support or opposition.(3) A person (in this subsection called the relevant person) must not, without lawful authority or excuse, in relation to an election for an office in a State organisation:(a) request, require or induce another person to show a ballot-paper to the relevant person, or permit the relevant person to see a ballot-paper, in such a manner that the relevant person can see the vote, while the ballot-paper is being marked or after it has been marked, or(b) if the relevant person is a person performing duties for the purposes of the ballot, show to another person, or permit another person to have access to, a ballot-paper used in the ballot, otherwise than in the performance of those duties.Maximum penalty: 100 penalty units.
(1) The expenses of an election conducted by officers or employees of the State must be borne by the organisation concerned, including:(a) the salary or other remuneration of any officer or employee of the State performing any duty in relation to the election, including any person appointed solely for the purposes of the election, and(b) the cost of travel of such an officer or employee, including any travelling or similar allowance, incurred in connection with the performance of any such duty, and(c) expenses in connection with the provision or use of premises provided by the State for the purposes of the election, including premises obtained solely for such purposes.(2) If the expenses of an election are not duly paid in accordance with this section and the regulations, the persons to whom they are payable may recover them as a debt in a court of competent jurisdiction.
252 Application for inquiry concerning irregularity in election
(1) A person who is, or within the preceding period of 12 months has been, a member of a State organisation and who claims that there has been an irregularity in relation to an election for an office in the organisation may make an application for an inquiry by the Commission into the matter.(2) An irregularity in relation to an election for an office includes a breach of the rules of a State organisation and any act, omission or other thing that prevents or hinders or attempts to prevent or hinder:(a) the full and free recording of votes by all persons entitled to record votes and by no other persons, or(b) a correct ascertainment or declaration of the results of the voting,or otherwise adversely and unfairly affects the result of the election.(3) An application under this section must:(a) be in a form approved by the Industrial Registrar, and(b) be lodged with the Industrial Registrar before the completion of the election or within 6 months after the completion of the election, and(c) specify the alleged irregularity and the facts relied on to support the allegation (verified by a statutory declaration of the applicant).
253 Action by Industrial Registrar
(1) On lodgment of an application for an inquiry, the Industrial Registrar must:(a) if the Industrial Registrar is satisfied:(i) that there are reasonable grounds for an inquiry into the question of whether there has been an irregularity in relation to the election that may have affected or may affect the result of the election, and(ii) that the circumstances of the matter justify an inquiry by the Commission,grant the application and refer the matter to the Commission, or(b) if the Industrial Registrar is not so satisfied, refuse the application and inform the applicant accordingly.(2) The Industrial Registrar may exercise his or her powers under this section on the basis of the matters stated in the application but the Industrial Registrar may also take into account any relevant information coming to his or her knowledge.(3) Any act or decision of the Industrial Registrar under this section is not subject to appeal to the Commission.
On receipt of a reference for an inquiry from the Industrial Registrar, the Commission must as soon as practicable proceed to inquire into the alleged irregularity.
(1) At any time after an inquiry in relation to an election has been instituted, the Commission may make one or more of the following orders:(a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election,(b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates, must not act in that office,(c) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act or continue to act in that office,(d) if the Commission considers that an order under paragraph (c) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates,(e) an order for the recounting of votes,(f) an order incidental or supplementary to an order under this subsection.(2) If the Commission orders that a person may act, or continue to act, in an office, the person must, while the order remains in force, and despite anything contained in the rules of the organisation, be taken, for all purposes, to hold the office.(3) An order under this section is to continue in force, unless expressed to operate for a shorter period or unless sooner discharged, until the completion of proceedings before the Commission in relation to the election and of all matters ordered (otherwise than under this section) by the Commission in those proceedings.
(1) The Commission is to allow to appear or be represented at an inquiry all persons who apply to the Commission for leave to appear or be represented, being persons who appear to the Commission to be justly entitled to be heard. The Commission may order any other person to appear or be represented.(2) For the purposes of an inquiry the Commission is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.
257 Functions and powers of Commission at inquiry
(1) At an inquiry, the Commission is to inquire into and determine the question of whether an irregularity has occurred in relation to the election and such further questions concerning the conduct and results of the election as the Commission thinks necessary.(2) In the course of conducting an inquiry, the Commission may make such orders (including an order for the recounting of votes) as the Commission considers necessary.(3) If the Commission finds that an irregularity has occurred, the Commission may make one or more of the following orders:(a) an order declaring the election, or any step taken in relation to the election, to be void,(b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected,(c) an order directing the Industrial Registrar to make arrangements:(i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken, or(ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held,(d) an order directing, despite anything contained in the rules of the organisation, the taking of such safeguards as the Commission considers necessary against irregularities in relation to:(i) any such new election, or(ii) any such step so ordered to be taken again, or(iii) any uncompleted steps in the election,and, for the purposes of any such order, an order appointing and authorising a person to act as a returning officer either alone or in conjunction with the returning officer acting under the rules of the organisation in relation to the election, and to exercise such powers as the Commission directs,(e) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.(4) The Commission is not to declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Commission is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have occurred or may occur, the result of the election may have been affected, or may be affected, by irregularities.
258 Validity of certain acts where election declared void
(1) If the Commission declares void the election of a person who has, since the election, purported to act in the office to which the person purports to have been elected, or declares such a person not to have been elected:(a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid, and(b) the Commission may declare an act referred to in paragraph (a) to have been void, and, if the Commission does so, the act is taken not to have been valid.(2) If an election is held, or a step in relation to an election is taken, under an order of the Commission, the election or step is not invalid merely because of a departure from the rules of the organisation concerned that was required by the order of the Commission.
259 Costs in relation to inquiries
(1) The Commission may make such order as to the costs (including expenses of witnesses) of proceedings before the Commission in relation to an inquiry under this Division as the Commission considers just, and the Commission may assess the amount of such costs.(2) If, on any such inquiry, the Commission finds that an irregularity has occurred, the Minister may, if the Minister considers the circumstances justify so doing, authorise the grant by the State to the person who applied for the inquiry of financial assistance in relation to the whole or a part of the costs (including expenses of witnesses) that the applicant has paid, has become liable to pay or may become liable to pay in relation to the inquiry.(3) If, on any such inquiry, the Commission does not find that any irregularity has occurred, but certifies that the person who applied for the inquiry acted reasonably in so applying, the Minister may authorise the grant by the State to that person of financial assistance in relation to the whole or a part of the costs of the applicant as specified in subsection (2).(4) If the Minister is satisfied that, having regard to the findings of the Commission on any such inquiry, it is not just that a person (not being the person who applied for the inquiry) should be required to bear, or to bear in full, any costs that the person has paid, has become liable to pay or may become liable to pay in relation to the inquiry (including expenses of witnesses), the Minister may authorise the grant by the State to that person of financial assistance in relation to the whole or a part of those costs.(5) If the Commission orders:(a) a new election to be held, or(b) any step in relation to an election to be taken again, or(c) any other step (including modification of the rules of the organisation) incidental or supplementary to, or consequential on, any other order made in the inquiry, to be taken,the Minister may, if the Minister is satisfied that the nature of the irregularity found by the Commission to have occurred is such that it would be unreasonable for the organisation to be required to bear, or to bear in full, the expenses involved in compliance with the order of the Commission, authorise payment by the State of the whole or a part of those expenses.