In the Matter of an application pursuant to section 159 of the Conciliation and Arbitration Act 1904 as amended and in the matter of the Royal Australian Nursing Federation (S.A. Branch) [1983] FCA 346

CATCHWORODS

INDUSTRIAL LAW ~ Election inquiry - Eligibility of candidate

to nominate - Meaning of Fully Financial Member - Unfinancial

member and arrears of subscription - Consequential orders.

CONCILIATION AND ARBITRATION ACT 1904 s.159(1)

In the Matter of an application pursuant to Section 159 of the Conciliation and Arbitration Act 1904 as amended

And

In the Matter of the Royal Australian Nursing Federation (South Australian Branch)

Fisher J. Adelaide

22 November 1983.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY

INDUSTRIAL DIVISION

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NO. 3 of 19823

In the Matter of an application pursuant to Section 159 of the Conciliation and Arbitration Act 1904 as amended

And

In the Matter of the Royal Australian Nursing Federation South Australian Branch)

ORDER JUDGE MAKING ORDER 2 Fisher d. WHERE MADE : Adelaide DATE : 22 November 1983

THE COURT'S ORDERS are as follows:

1.

The Court declares the election conducted for the office of Branch Secretary of the Royal Australian Nursing Federation (South Australian Branch) and completed on 30 October 1982, to be void.

The Court declares that the person déciared elected to the office of Branch Secretary of the Royal Australian Nursing Federation (South Australian Branch) was not

validly elected to that office.

tJ

The Court directs that the Industrial Registrar make arrangements for a new election to be held pursuant to s.165A of the Act and the Rules of the said Branch for the office of Secretary of the Branch to fill the casual vacancy occurring in that office consequent upon the retirement of the Branch Secretary elected ain 1980 who retired in October 1982 and for the balance of her unexpired term of office. The said new election shall he conducted between B December 1983 and 7 February 1984 provided that the Returning Officer may call for nominations prior to 8 December 1983, and such election shall be conducted in accordance with the certified rules of the Branch as aif the election was heing conducted prior to 1 January 1984.