Western Australian Consolidated Acts

INDUSTRIAL RELATIONS ACT 1979 - SECT 56

56 .         Rules to provide for secret ballots etc.

        (1)         The rules of an organisation — 

            (a)         shall provide for the conduct of every election to an office within the organisation (including the acceptance or the rejection of nominations) by a returning officer, not being the holder of any other office in, and not being an employee of, the organisation;

            (b)         shall provide that, if the returning officer conducting such election finds a nomination to be defective, he shall before rejecting the nomination, notify the person concerned of the defect, and where it is practicable to do so, give him the opportunity of remedying the defect within such period as is applicable under the rules, which shall, where practicable, be not less than 7 days after his being so notified;

            (c)         shall provide for the election of the holder of each office within the organisation, such election to be either by — 

                  (i)         a direct voting system; or

                  (ii)         a collegiate electoral system being, in the case of an office the duties of which are of a full-time nature, a one-tier collegiate electoral system;

            (d)         shall, in relation to any election for office — 

                  (i)         provide that the election shall be by secret ballot;

                  (ii)         make provision for — 

                        (I)         absent voting;

        (II)         the manner in which persons may become candidates for election;

        (III)         the appointment, conduct and duties of returning officers;

        (IV)         the conduct of the ballot;

                        (V)         the appointment, conduct, and duties of scrutineers to represent the candidates at the ballot; and

        (VI)         the declaration of the result of the ballot;

                and

                  (iii)         ensure, as far as practicable, that no irregularity can occur in connection with the election;

            (e)         shall not permit a person to be elected to hold an office within the organisation for a period exceeding 4 years without being re-elected; and

            (f)         shall not permit a person to be elected to fill a casual vacancy in an office for a period exceeding the unexpired portion of the term of the person who has vacated the office.

        (2)         Where the rules of an organisation which was registered immediately prior to the coming into operation of this section do not, in the opinion of the Registrar, conform with the requirements of subsection (1), the Registrar may, after inviting the organisation to consult with him on the matter, allow the organisation such time as he determines within which to bring them into conformity with those requirements or determine such alterations of the rules as will in his opinion bring them into conformity with those requirements.

        (3)         The Registrar shall register the alterations determined by him, or made by the organisation to his satisfaction, pursuant to subsection (2) and thereupon the rules shall be deemed to be altered accordingly.

        [Section 56 inserted by No. 94 of 1984 s. 36.]