PROVISIONS OF THE INDUSTRIAL RELATIONS ACT 1996AND PRESERVED PROVISIONS OF THE INDUSTRIAL RELATIONS ACT 1991 RELATING TO THE ELECTION OF OFFICERS OF STATE INDUSTRIAL ORGANISATIONS
The Industrial Relations Act 1996 provides:238 Rules to provide for elections for offices
(1) The rules of a State organisation must provide for the election of the holder of each office in the organisation by:
(b) a particular collegiate electoral system that, in the case of a full-time office, is a one-tier collegiate electoral system.
(b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.
(b) all financial members included in the division of the organisation that is appropriate having regard to the nature of the office.
Section 239. Rules may provide for elections for offices in State branch of Federal organisation to be elections for purposes of State organisation (1) The rules of a State organisation registered under this Chapter may provide that persons elected to offices in a State branch of a Federal organisation are taken to be validly elected to the corresponding offices in the State organisation registered under this Chapter if the Industrial Registrar is satisfied that:
(1) This clause applies to any election in which the returning officer determines that this clause is to apply. (2) A candidate in an election may, at any time before the close of nominations in the election, submit to the returning officer a statutory declaration, containing information (in an approved form) intended for inclusion in a candidate information sheet. (3) If a ballot is to be held in an election, the returning officer must draw up a candidate information sheet consisting of the information contained in the statutory declarations submitted by candidates under this clause. (4) If the returning officer considers that the information contained in a statutory declaration submitted by a candidate:
51. Decision of returning officer final Any decision that the returning officer is required or permitted to make under this Part relating to the taking of a ballot in an election is final. 52. Costs of election (1) The Returning Officer is to notify the Industrial Registrar, following the completion of an election, of all expenses incurred by the returning officer in the conduct of the election. (2) The Industrial Registrar is to furnish to the organisation concerned a certificate setting out the amount of the expenses of the election (including relevant particulars of the items concerned) that is to be borne by the organisation in accordance with section 443 of the Act. The certificate is also to specify the person or persons to whom payment is to be made and the time within which payment is to be made. (3) Before an election is completed, the returning officer may require the organisation to make progressive payments to the returning officer for expenses incurred by the returning officer in the election. The necessary adjustments are to be made after the completion of the election to take account of those progressive payments. (4) If the expenses of an election are not duly paid in accordance with this clause, the persons to whom they are payable may recover them as a debt in a court of competent jurisdiction. 53. Application for inquiry into election For the purposes of section 453 (2) (b) of the Act, an application for an inquiry into an election must be lodged with the Industrial Registrar within 6 months after the completion of the election.