New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 278

278 Records to be kept and lodged by organisations

(1) A State organisation must keep the following records:

(a) a register of its members, showing the name, postal address of each member and such other particulars as may be prescribed by the regulations,

(b) a list of the offices in the organisation,

(c) a list of the names, postal addresses and occupations of the persons holding the offices,

(d) such other records as are prescribed by the regulations.

(2) A State organisation must:

(a) enter in the register the name and postal address of each person who becomes a member, within 28 days after the person becomes a member, and

(b) remove from the register the name and postal address of each person who ceases to be a member, within 28 days after the person ceases to be a member, and

(c) enter in the register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.

(3) A State organisation must lodge with the Industrial Registrar once in each year, at such time as is prescribed by the regulations:

(a) a statutory declaration by the secretary of the organisation certifying that the register of members has, during the immediately preceding calendar year, been kept and maintained as required by subsections (1) and (2), and

(b) a copy of the records required to be kept under subsection (1) (b), (c) and (d), certified by statutory declaration by the secretary of the organisation to be a correct statement of the information contained in those records.

(4) A State organisation must, within 28 days, lodge with the Industrial Registrar notification of any change made to the records required to be kept under subsection (1) (b), (c) and (d), certified by statutory declaration by the secretary of the organisation to be a correct statement of the changes made.

(5) The records kept by a State organisation under this section must be kept at the registered office of the organisation or other place approved by the Industrial Registrar.

(6) A person authorised by the Industrial Registrar may inspect, and make copies of, or take extracts from, the register of members of a State organisation, or a part of the register, at such times as the Industrial Registrar specifies.

(7) A State organisation must cause its register of members, or each part of the register, to be available, at all relevant times, for the purposes of subsection (6), at the office where the register is kept, to a person authorised by the Industrial Registrar under that subsection.

(8) If:

(a) a member of a State organisation requests the Industrial Registrar to give a direction under this subsection, and

(b) the Industrial Registrar is satisfied:

(i) that the member has been refused access to the register of members, or a part of the register of members, of the organisation at the office where the register is kept, or

(ii) that there are other grounds for giving a direction under this subsection,

the Industrial Registrar may direct the organisation to deliver to the Industrial Registrar, before a specified day, a copy of the register certified by statutory declaration by the secretary or other specified officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first-mentioned day, a correct statement of the information contained in the register, for the member to inspect at the office of the Industrial Registrar.

(9) If default is made in complying with a provision of this section, the organisation is guilty of an offence.

Maximum penalty (subsection (9)): 100 penalty units.