Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 876E

876E Power of Minister to make administration notice

(1) This section applies if the Minister is satisfied it is in the public interest for the C&G division to be placed under administration, having regard to—

(a) the purpose of this part; and

(b) any other matters the Minister considers relevant.

(2) The Minister must, by gazette notice (an
"administration notice" )—

(a) establish a scheme for the administration of the C&G division (the
"administration scheme" ); and

(b) appoint a person to be administrator of the scheme.

(3) The administration notice is a statutory instrument, but is not subordinate legislation.

(4) Without limiting subsection (2) (a) , the administration scheme may provide for any of the following matters—

(a) the functions and powers of the administrator in relation to the scheme;

(b) the suspension, including suspension without pay, or removal of officers of the C&G division;

(c) the taking of disciplinary action, including the expulsion of members of the C&G division and disqualification of officers and former officers of the C&G division for up to 5 years;

(d) declaring stated offices in the C&G division to be vacant;

(e) terminating the employment of employees;

(f) the filling of positions of officers of the C&G division, including the holding of elections;

(g) altering the CFMEUQ rules;

(h) the engagement of persons to assist the administrator in performing the administrator’s functions;

(i) the delegation of the administrator’s functions or powers;

(j) requirements about reporting in relation to the administration;

(k) obligations of the administrator to cooperate with an inquiry by a law enforcement agency or regulatory body into—

(i) the CFMEUQ or the C&G division; or

(ii) officers or employees, or former officers or former employees, of the CFMEUQ or the C&G division;

(l) matters that are ancillary or incidental to the matters mentioned in any of paragraphs (a) to (k) .

(5) To remove any doubt, it is declared that the administration scheme may provide for the taking of disciplinary action in circumstances not provided for in the CFMEUQ rules.

(6) The disqualification of an officer or former officer of the C&G division under the administration scheme is not limited by part 9 , division 2 .

(7) The Minister is not required to provide procedural fairness in making the administration notice.