Commonwealth Numbered Acts

INDUSTRIAL RELATIONS ACT 1988 No. 86 of 1988 - SECT 258

258. (1) An organisation, a member of an organisation or any other person
having a sufficient interest in relation to an organisation may apply to the
Court for a determination of the question whether an invalidity has occurred
in:

   (a)  the management or administration of the organisation or a branch of
        the organisation;

   (b)  an election or appointment in the organisation or a branch of the
        organisation; or

   (c)  the making or alteration of the rules of the organisation or a branch
        of the organisation.

(2) On an application under subsection (1), the Court may make such
declaration as it considers proper.

(3) Where, in a proceeding under subsection (1), the Court finds that an
invalidity of the kind referred to in that subsection has occurred, the Court
may make such order as it considers appropriate:

   (a)  to rectify the invalidity or cause it to be rectified;

   (b)  to negative, modify or cause to be modified the consequences in law of
        the invalidity; or

   (c)  to validate any act, matter or thing rendered invalid by or because of
        the invalidity.

(4) Where an order is made under subsection (3), the Court may give such
ancillary or consequential directions as it considers appropriate.

(5) The Court shall not make an order under subsection (3) without satisfying
itself that such an order would not do substantial injustice to:

   (a)  the organisation;

   (b)  any member or creditor of the organisation; or

   (c)  any person having dealings with the organisation.

(6) The Court may determine:

   (a)  what notice, summons or rule to show cause is to be given to other
        persons of the intention to make an application or an order under this
        section; and

   (b)  whether and how the notice, summons or rule should be given or served
        and whether it should be advertised in any newspaper.

(7) This section applies:

   (a)  to an invalidity whenever occurring (including an invalidity occurring
        before the commencement of this section); and

   (b)  to an invalidity occurring in relation to an association before it
        became an organisation.