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WORKPLACE RELATIONS AMENDMENT REGULATIONS 1999 (NO. 5) 1999 NO. 205

Statutory Rules 1999 No. 205

Issued by the Authority of the Minister for Employment, Workplace Relations and Small Business

Workplace Relations Act 1996

Workplace Relations Amendment Regulations 1999 (No. 5)

Subsection 359(1) of the Workplace Relations Act 1996 (the Act) provides that the GovernorGeneral may make regulations prescribing matters required or permitted by the Act, or necessary or convenient to give effect to the Act.

Paragraph 268(1)(d) allows regulations to be made to prescribe records that must be kept by organisations.

Paragraph 359(2)(g) allows regulations to be made imposing penalties of not more than $1,000 for offences against the regulations. (By reason of subsection 4AB(1) of the Crimes Act 1914, the reference to $1,000 is taken to be a reference to 10 penalty units.)

The regulations amend the Workplace Relations Regulations 1996 (the Regulations) to give effect to the Government's response to certain of the recommendations contained in the report of the Joint Standing Committee on Electoral Matters: Inquiry into the role of the AEC in conducting industrial elections (the JSCEM report).

The amendments:

*       reduce the time within which an application for an election inquiry must be made to the Federal Court from 6 months to 3 months after the day upon which the election is declared, or such longer period as the Court allows;

*       provide that candidates for election and members can inspect and copy the roll of voters for an industrial election (equivalent rights are already provided in relation to other relevant ballots under the Act - ie, ballots in respect of amalgamation and withdrawal from amalgamation);

*       provide that where the Australian Electoral Commission (AEC) is required to provide copies of voters' rolls (in relation to an industrial election or an amalgamation or withdrawal from amalgamation ballot) that it may do so in electronic form; and

*       make it an offence to use a voters' roll for purposes other than in relation to the election or ballot for which it was prepared.

*       require organisations to lodge with the Australian Industrial Registry a list of all elections required by its rules to be held for offices in the organisation, and its branches, during the calender year commencing on 1 April.

Details of the regulations are in the attachment.

The regulations commence on gazettal.

The amendment made by item 2 (which amends the time within which an application may be lodged for an inquiry into an industrial election) applies to elections the result of which is declared after the item commenced.

ATTACHMENT

WORKPLACE RELATIONS AMENDMENT REGULATIONS 1999 (No. 5)

Regulation 1

Regulation 1 sets out the name of the regulations.

Regulation 2

Regulation 2 provides that the regulations commence on gazettal.

Regulation 3

Regulation 3 is a formal provision, providing that the Workplace Relations Regulations 1996 (the Regulations) are amended as set out by Schedule 1 to the regulations.

Regulation 4

Regulation 4 is a transitional provision, providing for the application of item 2 of schedule 1 to the regulations (which relates to the time within which election inquiries must be instituted).

Item 2 of schedule 1 applies in respect of all elections the result of which is declared after the commencement of the regulations. This is designed to ensure that the ability of an organisation's members to seek an inquiry in relation to a particular election is not retrospectively affected.

Schedule 1 - Amendments of Workplace Relations Regulations 1996

Item 1 - After regulation 60

This item inserts a new regulation 60A. The new regulation provides for the compilation of, and access to, voter rolls in respect of industrial elections.

The requirements of proposed new subregulations (1)-(4) are similar to those provided in respect of amalgamation (regulations 80 and 81) and withdrawal from amalgamation ballots (regulations 98N and 980). Amendments equivalent to proposed new subregulations (5) and (6) are also made in respect of both amalgamation and withdrawal from amalgamation ballots - items 3 and 4 refer.

Regulation 60A is designed to give effect to the Government's response to recommendation 12 of the JSCEM report.

Regulation 60A - Voter rolls

Regulation 60A applies in respect of elections conducted by the Australian Electoral Commission (subregulation (l)). (Section 210 of the Workplace Relations Act 1996 (the Act) requires industrial elections to be conducted by the AEC. Section 213 of the Act allows the Industrial Registrar to grant an exemption from this requirement.)

Subregulation (2) sets out the requirements for compilation of the roll of voters in an industrial election. Specifically, the roll must:

*       be prepared at the direction of an electoral official (the term 'electoral official' is defined by subsection 4(1) as meaning an officer or employee of the AEC);

*       contain the postal address of each person on the roll;

*       be completed within the timeframe set out in the relevant organisation's rules.

Subregulation (3) requires the electoral official conducting an election to make the roll of voters available for inspection and copying from the time the roll is compiled until 30 days after the election result is declared. Access is to be provided during ordinary business hours at the place where the official performs his or her duties in relation to the election.

Members of the organisation and anyone else authorised by the electoral official are entitled to inspect and copy the roll of voters (subregulation (4)).

Subregulation (5) allows the AEC to keep, and provide copies of, the voters' roll electronically, for example, on computer disk.

It is an offence to use information obtained from a copy of the roll or part of a roll for a purpose other than:

*       a purpose in connection with the election; and

*       to monitor the accuracy of the information contained in the roll.

The maximum penalty for such an offence is 10 penalty units (by reason of subsection 4AA(1) of the Crimes Act 1914, a penalty unit is $110).

This regulation reflects the regulations in respect of ballots conducted in connection with a proposed amalgamation or withdrawal from amalgamation.

Item 2 - Subregulation 62(1)

This item alters the time within which inquiries into industrial elections (conducted by the Federal Court) may be sought under section 218 of the Act.

Previously an application for an election inquiry could be made up to 6 months after the result of the election was declared.

Consistent with recommendation 7(b) of the JSCEM report the time limit for lodging an application for an election inquiry is amended to 3 months from the day on which the result of the election is declared, or such longer time as is allowed by the Court.

Item 3 - After subregulation 81(2)

Item 4 - After subregulation 98O(2)

Items 3 and 4 insert, in respect of amalgamation ballots and withdrawal from amalgamation ballots respectively, provisions equivalent to subregulations 60A(5) and 60A(6) (inserted by item 2) to:

*       allow the AEC to keep and provide voter rolls electronically; and

*       create an offence for improper use of information obtained from a copy of the roll or part of a roll.

These items, together with item 2, give effect to recommendation 12 of the JSCEM report.

Item 5 Subparagraph 102(b)(ii)

Item 5 makes a minor change consequential upon proposed new paragraph 102(c) (to be inserted by item 6).

Item 6 After paragraph 102(b)

Subsection 268(1) of the Act obliges organisations to keep certain records. Paragraph 268(1)(d) allows additional records to be prescribed - these are set out in regulation 102.

Subsection 268(3) requires an organisation to lodge certain of these records each year (including those prescribed under paragraph 268(1)(d)) with the Australian Industrial Registry. Regulation 103 prescribes the time during which such records must be lodged (within 3 months from 1 January; ie by 31 March).

Item 6 prescribes, for the purposes of paragraph 268(1)(d) of the Act, an additional record organisations are required to keep: a list of all elections required by its rules to be held for offices in the organisation, and its branches, during each year commencing on -1 April.