New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 288

288 Commission may make orders in relation to consequences of invalidity

(1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Commission for the determination of the question whether an invalidity has occurred in--

(a) the management or administration of the organisation, or

(b) an election or appointment in the organisation, or

(c) the making or alteration of the rules of the organisation.

(2) On an application under subsection (1), the Commission may make such determination as it considers appropriate.

(3) If, in a proceeding under subsection (1), the Commission determines that an invalidity of a kind referred to in that subsection has occurred, the Commission may make such order as it considers appropriate--

(a) to rectify the invalidity or cause it to be rectified, or

(b) to negative, modify or cause to be modified the consequences in law of the invalidity, or

(c) to validate any act, matter or thing rendered invalid by or because of the invalidity.

(4) Where an order is made under subsection (3), the Commission may give such ancillary or consequential directions as it considers appropriate.

(5) The Commission must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to--

(a) the organisation, or

(b) any member or creditor of the organisation, or

(c) any person having dealings with the organisation.

(6) The Commission may determine--

(a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section, and

(b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.

(7) This section applies--

(a) to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section), and

(b) to an invalidity occurring in relation to an association before it became an organisation.