New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 274

274 Application for leave to hold office in organisations by prospective candidate for office

(1) A person who--

(a) wants to be a candidate for election to an office in a State organisation, and

(b) has been, within the immediately preceding period of 5 years, convicted of a serious offence or released from prison after serving a term of imprisonment in relation to a conviction for a serious offence,

may, subject to subsection (4), apply to the Supreme Court for leave to hold office in organisations.

(2) If a person makes an application under this section, the Supreme Court may--

(a) grant the person leave to hold office in organisations, or

(b) refuse the person leave to hold office in organisations and specify, for the purposes of section 273 (1), a period of less than 5 years, or

(c) refuse a person leave to hold office in organisations.

(3) A person who--

(a) holds an office in a State organisation, and

(b) is convicted of a serious offence, and

(c) on an application made under this section in relation to the conviction for the serious offence, is, under subsection (2), refused leave to hold office in organisations,

ceases to hold the office in the organisation.

(4) A person is not entitled to make an application under this section in relation to the person's conviction for a serious offence if the person has previously made an application under this section or under section 275 in relation to the conviction.