Application by Geoffrey Gleghorn inquiry into an election for Australian Journalists Association [1980] FCA 19

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CATCHWORDS

Election Inquiry - Election conducted pursuant to 5.170, Conciliation & Arbitration Act, 1904 - Rules provide for system of optional preferential voting - Two candidates for position ~ Directions to voter on ballot paper to use numerals "1" and "2" and handle and return ballot paper in certain manner - Whether such directions are "Action taken or directions given" pursuant to S,170A - Whether such directions mandatory or directory only - Whether tick or cross indicates intention to vote for particular candidate - More than 1 ballot paper returned in envelope - Ballot papers discovered in envelopes received before closure

of bailot. Re Behan, 17 A.I.L.R. 1 and Allen v. Vehicle Builders' Federation of Australia, 16 A.L.R. 69 considered.

Conciliation and Arbitration Act S.159, S.165, S.168(2), S.170,

S.170A.

N.S.W. 44 OF 1979

Application by GEOFFREY GLEGHORN for an inquiry into an election for an office in the AUSTRALIAN JOURNALISTS ASSOCIATION.

Coram; J.B. SWEENEY J.

Sydney 29th February, 1980

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. 44 of 1979 ) )

INDUSTRIAL DIVISION

IN THE MATTER of the Conciliation and Arbitration Act, 1904

AND IN THE MATTER of an Application by Geoffrey Gleghorn for an Inquiry into an election for an office in the Australian Journalists Association.

J.B. SWEENEY J. 29th February, 1980

REASONS FOR JUDGMENT

In the months of November and December, 1979 an election was conducted for the office of Assistant Federal Secretary of the Australian Journalists Association ("the organization"). The election was conducted by an officer of the Australian Electoral Office in New South Wales pursuant to a request under Section 170 of the Conciliation and Arbitration Act, 1904 ("the Act"). Candidates for the position were two: Mr. Geoffrey Gleghorn and