New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 240

240 Rules to provide for electoral system

(1) The rules of a State organisation must provide that, if a ballot is required for an election by a direct voting system, it must be a secret postal ballot.

(2) A State organisation may lodge with the Industrial Registrar an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections by a secret ballot other than a postal ballot.

(3) If the Industrial Registrar is satisfied, on application, that:

(a) the proposed alterations of the rules:

(i) comply with and are not contrary to this Act and awards or orders of the Commission made under this Act, and

(ii) are not otherwise contrary to law, and

(iii) have been decided in accordance with the rules of the organisation, and

(b) the conduct of a ballot under the rules of the organisation as proposed to be altered:

(i) is likely to result in no less participation by members of the organisation in the ballot than would result from a postal ballot, and

(ii) will give the members entitled to vote an adequate opportunity of voting without intimidation,

the Industrial Registrar may grant to the organisation an exemption from subsection (1).

(4) Proposed alterations of the rules of a State organisation referred to in subsection (2) take effect if and when the Industrial Registrar grants to the organisation an exemption from subsection (1).

(5) An exemption under this section remains in force until revoked under subsection (6).

(6) The Industrial Registrar may revoke an exemption granted to a State organisation under this section:

(a) on application by the organisation, if the Industrial Registrar is satisfied that the rules of the organisation comply with subsection (1), or

(b) if the Industrial Registrar is no longer satisfied:

(i) that the rules of the organisation provide for the conduct of elections by a secret ballot other than a postal ballot, or

(ii) of a matter referred to in subsection (3) (b),

and the Industrial Registrar has given the organisation an opportunity, as prescribed by the regulations, to show cause why the exemption should not be revoked.

(7) If the Industrial Registrar revokes an exemption granted to a State organisation on a ground specified in subsection (6) (b), the Industrial Registrar may, by instrument in writing, after giving the organisation an opportunity, as prescribed by the regulations, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the Industrial Registrar’s opinion, necessary to bring them into conformity with subsection (1).

(8) An alteration of the rules of a State organisation determined under subsection (7) takes effect on the date of the instrument.