New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 257

257 Functions and powers of Commission at inquiry

(1) At an inquiry, the Commission is to inquire into and determine the question of whether an irregularity has occurred in relation to the election and such further questions concerning the conduct and results of the election as the Commission thinks necessary.

(2) In the course of conducting an inquiry, the Commission may make such orders (including an order for the recounting of votes) as the Commission considers necessary.

(3) If the Commission finds that an irregularity has occurred, the Commission may make one or more of the following orders--

(a) an order declaring the election, or any step taken in relation to the election, to be void,

(b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected,

(c) an order directing the Industrial Registrar to make arrangements--

(i) in the case of an uncompleted election--for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken, or

(ii) in the case of a completed election--for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held,

(d) an order directing, despite anything contained in the rules of the organisation, the taking of such safeguards as the Commission considers necessary against irregularities in relation to--

(i) any such new election, or

(ii) any such step so ordered to be taken again, or

(iii) any uncompleted steps in the election,

and, for the purposes of any such order, an order appointing and authorising a person to act as a returning officer either alone or in conjunction with the returning officer acting under the rules of the organisation in relation to the election, and to exercise such powers as the Commission directs,

(e) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.

(4) The Commission is not to declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Commission is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have occurred or may occur, the result of the election may have been affected, or may be affected, by irregularities.

Note : A new election may also be arranged by the Industrial Registrar in the circumstances specified in section 290E or may occur under arrangements made under Division 11 of Part 4 of Chapter 5.