New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 255

255 Interim orders

(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.