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 www ww 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. The Court orders that Bartholomew Brendon O'Brien hold office as Branch Secretary until the election of a person to the office of Branch Secretary pursuant to the election hereby ordered and, to the extent necessary, hereby modifies the operation of rule 7(c) of the Branch Rules. The Court orders that a copy of this order he served forthwith on the Industrial Registrar. Liberty 15 given to all parties to have the matter restored on 7 days' notice to the other parties and to the Court. IN THE FEUFRAL COURT UF AUSTRALIA) ) No.3 of 1983 SGUTH AUSTPALTA LISTRICT REGISTKY) 5) t INDUSTRIAL LWIVIS ION ) In the Matter of an application pursuant to Section 159 of the Coneilrvsation and Arbitration fet 1964 365 amhendad And In the Matter of the koyasl Atrabralian Nursing Federation (fouto Austrasiaan Branch) REASONS EQR JUVUGMCONT 19 November 1984 Fisner J. On 3 may 1985 Itisame Faterson, a member of the khoyal Australian Nursing Feseration (South Australian Branch) ("the Branch") lodged pursuant to §.159¢1) of the Comerlistion and Arbitration Act 1904 ("the Act") an apnlicatian for an enquiry by the Court. She claimed in the application that there had been 3 number of arregudarvtiee im or in cannmexion with an ele#etion tor tne office af Rranch Seeretury in the HKrancn. Thas application Was, am accordance with ¢s.159(4) of Lhe Act, referred to theo Court, tne election faving been conducted under s./70 of tne Act by or on benslf of the Industrial Registrar. the Rranen 16 a branch of the Royal Australian Nursing Federation ('tne Union") wnnich 1s an organization of emplayees registered under the Act. The eleclion was colducted, contemporancously with elections for a mumber of other offices in the Braneh, by Graham John Garey, an Executive Officer of the Industrial Election Section, Australian Electoral Office,Adelside. Nominations opened on 9 August 1982 and closed al 5.00 p.m. on 30 Anqust 1982. Two momwinalions were received tor the office of Braneh Secretary, namely from Diane Paterson end Maralyn Kay Eeaumont. f G The Ballot in respect of sll positions ancluding that Rrancn Secretary, opened oan & October 1982 and classed on 26 October 1962. dm 311 6159 Usilot papers were issued. The result Cclared an 6 November 1962 fii] of the poll for Branch Secretary wis d togetner wath the results of oliner elections. The figures in the ults of that date in respect We Heburning Qi{facer's Statement of ke of Lhe oifice of Branch Secretary were 35 follows: "Branch Secretary Bkesumont, Marilyn Kay 10835 Paterson, [aiane 910 Formal Ballot-p3pers 1995 Inform] Ballot-papers 2a Total 2016 Elected FEesumont, Marilyn Kay." The arregularaties of which Tiane Paterson complsined ain her application for 3n enquiry were particulsrised as follows: "l. Kule l@¢b)2 of the Kules of the South 4ustralian Branch at the Organisation concerning gualificalion for office and nomination wWwss bresched an relation to the successful candidate an the election wherelky tne momanation for office of the candidate was 3. wrong)y accepted and the candidate was wrongly elected. 2. The full and free recording of voles by all persons enmtitied to record votes was prevented and handered by the use of certain resources of the Organisation by certain officers anil members of the South Australian EKranch an support of the successful candidate im the election. 3. Rules 2, 6(b) and 109¢e) of the Rules of the South Australian Branch of the Organisation were wureached an relatson lo the members to whom ballot papers im he election were lesued.* Tisne Paterson also supplied ain her application the Taels upon which she relied to support her allegations of irregularities. {Lowill st tinas stage only gel out these facts which related to tie first af the three abovementioned irregulsrities. She slated: 'In respect of the irregularity alleged herein and numbered 1, the Applicant says: (1) Eule 184b)(1) provides: 'In any elections conducted for the office of Branch Secretary prior to ist Janusry, 1994 a candidate shall have been a fully financial hember of the Assoeiation for 3 period of one yeur immediately preceding the date of nomination for office...' (3) The election was conducted by tne Australian Electoral Office pursuant to Sectiom 170 of tne Comerliastiom and Artalratiron Act 1904 (as Bmerneled) . (3) The ctosing date for mominsalions for the office of secretary in Lhe election was Monday SOth Auguse 1982. (4) As ub the ssid closing date for nominations two nominations for the office of secretary were received. The persons nominated were myself and one Marilyn Kay Gesumont (hereinafter called Reaumont). The two nominations were accepted by the Australian Electoral Office. (5) A hallot was conducted for the office of secretary, and subsequently on 6th November 1982 kesumont was declared to have been elected thereto. (G6) Kesaumont was not eligible to have stood for nor been @lected to the ofltice of secretary as she had not been a fully financial memher of the South Australian Eranch fo a period of one year immediately preceding the date of nomanation for office." On the question whelher persons who had mowanated for offices were eligible under the Rules of the Branch to mominate, fir. Carey had this to say in an affidavit sworn by him in the Bmquirys *6. On i September 1982 LT called at the Kent Town Gffice of the Branch to establish whether each of the forty two nominations received for the various positions had been made in accordance with the Rules of the Federation, 1.e. Branch Rules 18¢€a)€2), 16¢6)9¢2) and 1804). It was my purpose ta check whether each of the persons nominated (nominees) had been a member of the Federation for the period 30 Augusl 1981 to 30 August 1982, whether he/she was, 35 at 30 August 1982, financiral an respect of the period 30 August 1981 to 30 August 1982, and whether the mominstors were financial, as at 360 August 1982." Mr. Carey came to the conclusion. based on certain membership cards maintained aim the office of the branch, that both Lsane Faterson and Marilyn Beaumont were eligitle to nominate. Tn coamang to this conclusion he did mot consider whether at any time during the period of ome year preceding 30 August 1982 esther of the candidstes had been unfinancisl. He looked only to ascertain whether at that date esch of them nad paid subscriptions payable an respect to the preceding 12 months and had been a member throughout that period. Counsel for Liane Paterson contended that Marilyn Beaumont was mot entitled to mominate for the office of Branch Secretary because she farled to qualify under the provisions of s.16(b)01) set out shove. lt was submitted that the correct Construction, of that provision reguired that a candidate should be 3 Pfansaneral member conlinuously throughout the preceding feriod of Ll monmtns and st mo time during that period an untanancial wember. The e¢sential questions for determination on this zepect of tne enquiry are whether that 3s the correct manner an which to interpret s.36¢b)(1) amd an particular tie words "fully fananecisl wember* and the ascertainment of the circumstances in which a member ceases to be a financial or fully fanancial wenmber . The questions which must be decided sre mot easy to resolve and the relevant rules are difficult to understand and to Implement. The rules gaverning, these matters, in tne case of the Eranch, are the federal Pules of tie Union (sometines called the Acsocistion Rules) and the standard Branch Rules which have been wodified an Tespect of certain particular aspects. The modifications expressly cupercede the standard Branch Rules. For tie purpose of financial membership the following Federal Rules have to be considered: "9. (3) Cb) (ce) (dd) {e) (f) - Subscriptions Each member shall pay an annual subscription to the Branch to which be or she zs attached. er its authorized callector. That the amount of the annual sulbseription shall be determined from time to time by the Braneh Ceauncil but shall not be more than 1% of the haghest third year registered murege annual salary payable an Anstralis as at Tecember 31 of the preceding year or less than the amount paid per member as capitation fee to the Federal Council. In determining tie anount of the annual subscription psyshle by each member the Branch Counczl shall have regard to the categories of membership snd may assess the subscription for eaen class of wembership acecordgingly. Notwithstanding anything contained in these Tules the Braneh Council may remit the subscription ain wnole or im part, for ¢uch time as 1t decides, of any wember unable to psy because af silliness. Subscriptions shall be paid annually or by instalments in respect of such lesser periods as the Branch Coune1l wsetermines. A nenber paying his or her subscription sannmuslly shall be unfinancial if the subscriptions has not been paid within three calendar months of the due dste and a member paying his or her subscription by instalments in respect of some lesser period than the full year shall be deemed unfinanezsl 1~£f an aunstalment 15 not paid waithon one month of the due date for its payment 3¢ determined by the Branch Council. 4& menber who 3s mat 'Finanmer1al' shail not be entitled toa any benefit af the Association except at the darection of the Franch Council and shall te lisble to have his or her name removed from the Register if unfananec1al for More than six monthe,. Notwithstanding anything hereinbefore contained, tne ssocistion may arrange for tne collection of subscriptions on behalf of or through any ather organication or kindred body. th) 10. (bt) 7. Notwithstanding anything contained ain these rlules 2 member may aulhorisze his or. her employer aim writing to deduct his or her subscription from his or her salary and pay such subscription to the Branch Council, and such member shall be financial so long as such authority remains in force. - Transter of Membership A member changing his or her place af employment may transfer nis or her membership to 3 more convenient Branch provading he or she requests such 2 transfer. ~ Termination of Membership Nenbership may be terminabed:- (1) (ii) (111) by dealh; in tne case of expulsion for breach of the kules; ain the case of student nurses, by terminalion of tLraining before completion of same. A member may resign, 1f he or she wishes to resign, by notice in writing, ifi- (1) (11) (14a) Civ) the menber ceases to be employed in, or im conmection with, the aundustry of MuULrsimg; or the notice 15 given not less than three wonths before the resignation 15 to take effect and is subject to the payment of fees as previously specified; sich notice 18 delivered to and/or received by the Associstion as specified un the Rules of the Branch of which the person 15 8 Wenmber; and provided that notwithstanding the provision of sub-clause (11) a notice of resignation in writing shall be deemed to be valid af the member 15 imformed in writing by oor on behalf of the organisation bLoiat the resignation has been accepted. * The eligibility of 3 person to nominate as Secretary of the Union as provided ty rule 40(c) of the Federal Rules, mamely *"(c) A candidate for the position of Secretary shall have been a fully fanmancial member of the Associstion for a period of two years lmmegi ately preceding the date of nonination for office..." The Standard Branch Rules om those matters sre as follows: oe (a) Each menber shall pay such anrual subscription as ¢hall be determined from time to time by the Branch Comnmeil but whach shall not be more than $120 or legs than the smount paid per member as capitation fees to the Federal Council. (6b) Subscriptions shall be paid in accordance with the provisions of Rule 9 of the Association's Rules. 6. Unfinanc1r1s1 Members (3) A member who 1s unfinanc1al ain accordance with kule 9 of the Association's Rules may be fined by resolution of the Hranch Council. It shall be lawfnl at any meeting of the Branch Councz1 to instrucl the Secretary by resolution carried by a Majority of the Council present, to sue for recovery of arrears of subscriptions, fines and levies. (b) No unfinsneral member shall be entitled to attend any meeting of the Branch or to nominate any person oz: to be nominated for any office ain Lie Assorizblion or the Branch nor shall any unfinancral member be eligible to vote un any ballot conducted by the Eranch. Unfinancisl fietbkers shall also be aneligible to receive any of the benefits or services of the Branch, wunless the Branch Council otherwise directe. 18. Guslification for Office snd Nomination ta) (1) A candidate for the Branch Council or for 3 position of Officer of the &Hranch Cather than the Branch Secretary) shall 9. have been a fully financial member of the Acsocialion for a period of one year immediately preceding the date of nomination for office. C12) wae Cb) (12) In any elections conducted for the office of Branch Secretary prior to 1st January 1984 3 candidate shall have been a fully financial member of the Association for 2 period of one year immediately preceding the date of nomination for office. In sll elections conducted for the office of Eranch Secretary after ist January 1964 3 candidate shall have been a fully financial wewker of the Association for 3 period of two years immediately preceding the cate of mominatiron for office." In the case of Narilyn beaumont at a5 necessary ta decide whether sne hus been "a fully fainanez3sl wember of the Assoc1ationm for a period of one year immediately preceding the date of nomination for office." 4.e. 27 August 1982 in her case. The fact that she may have been on some occasions im arrears with her subscription 12S immaterial unless she hecame in comsequence of such arrears unfainancial 1.e@. cessed to be 3 financial member. Tf itis difficult to conprehend, 3s it 15, what qualificstion is required by the Hranch kules, 1t 285 well-migh impossible to a25eS5s with certainty by reference to the records of the Branch whether ehe, or TItiane Paterson for thst matter, was in arrears or wnfonanczal at any particular time. Counsel for the Branch conlended im the first instance Tor the canstruction placed on the provision by Mr. Carey, namely aS requiring 12 months membership with the eubscription for that 10. period fully paid wp at the date of nomination. This unterpretation accords with the view of Smithers J. ard Evatt J. in Lovell's case anfra whem construing what I assess as 3 somewhat daifferent provision. Counsel for Diane FPaterson and counsel for tne Union contended that the rules required that the person nominated should have been continueusly throughout the preceding period of 12 nonths a financial menber. An alternative submission by counsel for the Eranch put forward in his ceply was tnat the provision required the mominee to be & member paying thraugnaul the period a fyll subscription and not 3 Uf lecser subseriplion zssessed for 3 different calegory of memb hip under clause 9{c} of the Federal khules. ul fl In the case of Lovell and Others v Federated Liquor and Allied Industries Employees Union of Australis (1978-79) 22 A.L.R. 704 the rule providing the qualifications for office which was construed by the Court was 3s follows: "All Officers, members of the Management Committee, representatives of Conunei1}) shall be fanancial nenbers for 2 calemiar months ammediately prior to monmination. All officers and representatives Se prescribed in thas rule shall remain a fanancial member or forfert all positions he or she holds.* An snendnent to this rule which required "3 continuous period of 24 months inmedaiately prior to nomination and who have not been im arrears of cantribution during that period' was rejected as Oppressive, unreasonable and unjust. Thas rule was considered by Smithers J. am that case on page 7cl. Evait J. ll. He said: "If one looks at the first sentence one sees that the critical feature is that 2t direclhs attention to the situation which will exist at the moment before momanation. The rule 18 expressed an terms which look forward and provide a test of the G@yslifications of the candidate to be applied mot earlier than aimmediately Lefore nomination. The rule prescribes what at that Lime the condition of the cunmdidales 'shall be'. It as to be linpicmented by wnquairing, at the moment before nomination, mob what the candidate's financial condition has been during 12 months previously but whsl 2% as then. The question to be asked ais: "Is the candidate today a financial mwewber for twelve months immediately prior to this date' if he has then paid all ducs payable by him and has been a memoer for 13 months the answer mist be in ine uffirmative. AL tnat stage the candidate is fananetial an respect of every moment of that 12 honths. It is mot to the point that during thal 12 months there might have been periods when he was not farnancial. Gt course it 1s pessible to hWount am argument that the first sentence of r4 adofs require bLhat the candidate should be a person who during the 120 months nas hover been unfinancaal. Rut the foregoing considerations point ain the opposite direction. Also it is to fe observed that the subject matter of Lhe rule ais the financirality of officers and committee hembers, that at 1s only concerned with tha fauanciazlaty of members considerred as setusl or potential officers or committee members. In that esse 2b 18s current fainsancisality and mot past financialaty that 1s im point. In this respecl the provisions of the second sentence shed light on the farst sentence. if one first resds the Tules as though the words 'Yor twelve calendar nonlis' were omitted, then elearly the only Question would be: 'is the czendigate now 3 financial member?' When those words are inserted they are given full effect by attributang to them a stipulation 45 to the time 'im respect of which' the person at that vate ais 3a financial member. The expression 'tor' cum be resd quite naturally as 'ain respect of'. In oaorule laying down Pestrictions on the right to stand for office it ought to be read a¢ 1mposing only those resblrictions woich are wnaumbaguously or at least Clearly imposed." on page 736 adopted this reasoning. 12. It as my opinaon that the qualification rule ain this matter differs significantly from Lhat construed by Smathers J. In the first instance 1t indicates quite unambiguously that the inguary 1s what the condition of the person tominated "shall have been' for the specified period. The rule considered by Smithers J. presersbed what the conmdirbtion 'shail te* immediately prior to nomination. it 1s quite clear that in Marilyn Reaumont's case it is her past financial state and mob her present condition which 25 under consideration. Furthermore the rule an this malter has the adgitionsl word "fuliy" qualifying funsanersl wenber and bo thie word some meaning must attach. I reject the slternative contention of caunsel for the Brunch that 2t relates to the payment of a full rather than lesser cubscriptlion. In my opinion it relates to the financial condition of the nominee during the preceding period and not the caleyjory of membership he or she holds or the amount of annual subscription payable for that category. A 'fully financial mMember* in Rule 18¢6)(1) must be consistent with the concept of am "unfanancial = member* in Rule 6 and ain particular the disquslifications of such a member under Kule 64h). Rule 6¢8) requires the conditzron of am unfinancial momber to he determined by reference to kule 9 of the FeJeral Fules. Likewise an my Opinion tie question whether ws persom hus been a fully tananecial nember during the specialied period must be determined under Rule 9 and the circumstances im which under that Rule a menber hecomes unfinancial. In my opinion Rule Ch ¢2) reqtares that 3 person nowinated must have been a fanancial momber throughout the preceding period of 12 months. I consider this means that that person shall mot have been unfinanczal at any Lime during the epecified period. Tnas conclusion 1s consistent with Rule 6G of ihe Branch Rules when it refers Lo a person bering unfinsncial. It receives support from Federsl Rules 9¢€e) sod (1) which use indascrimanately tne expression 'untanancial' and not financial and ¢pecily when 3 person who 15 1m errears with payments becomes unbinanelral,. In respect of 2 member paying an arimusl subscription, it 1s permissible far the subscription to be up ta wy 3S montnas ain arresrs before Lhe wenkber becomes wnifimancial. o Jong as the cubscription 1s paid within 3 months of the due date for an annual subscription (1.6. by 30 Seplember in any year) the nember will not nave become untinancial pursuant to Rule 9(e) and thus will have been fuliy financial throughout the year. In my opinion the word "fully* means that the member must be fully paid wp as 3 fanancial member and has no reference to category or class of memberehip. Likewise tne fact that this qualification relates to "financial" womber andicates thit arrears 2re lhmaterial unless in consequence tne member loses status a5 3 fiunanc1al member and becomes unfinsncisl. Tt as a much more difficult situstion if the member wath express or implied approval, pays the subscription atherwise than anmgally. This difficulty 15 compounded when it 1S appreciated that tne Branch Council has not expressly determined, as required 14. by Kute 9(e), an respect of what lesser periods instalments of subscriptions may be paid. The Branch Coune1zl however offers in its application for membership form the opportunity to pay a subscription half-yearly and must he held ampliedly to have approved this lesser period. It may also an consequence of ats office practice and procedure im relation to payment and collection of subscriptions be held to have approved other lesser periods for payments of imstalments. 1t 15 not however necessary for me to rule on these dafficult matters on this Ggecasion. What at aus mecessary far me to deeide is the equally daffacult question of when a member who authorised his or her enployer to make deductions ("dues deductions") under Rule GCh) of the Federal Rules becomes unfinancial. The privileged position of a member under that Rule 1s acknowledged by all, and there 1s mo dispute that such a member is fanancisal so long 3s the authority to deduct remains in force. It as the existence of the authority and mot the making of deductions thereunder which provides the privilege. However a problen arises when the member lesves tne employment of tne employer to whom the aulnority is directed. Does the member forthwith become unfinaneciral upon the umbrella of am authority to the employer being walibdrawn? Qr does that member fave 4 period of grace such As provided by Pule 9(e) to members paying by anmusl subseriplion or by instalments for any lesser period determined by the Branch Council? Counsel for the Union contended for the former slternmataive and counsel for fTliane Faterson for the latter. It wes mot disputed that the lo. oblagation of such 3 member on dues deductions 1s to pay in one sum the amount of annual subscription appropriate for the talance of the year or alternatively to authorise another employer to make deductions. However the problem 1s whether the member has any and af so what period of grace in which to comply before becoming unfananci1al. Counsel for the Union drew sltention to the opening words of Rule 9(h), mamely "notwithstanding anylhing contained am these rules* and contended thal, a a consequence Rule 9¢h) yl overrides other provisions of the Rules. I accept this submission, but as limialed te the matters covered by Rule 9¢h). It is only to this extent that other provieions, and in Particular Rule 9(e), are overriden and have mo application. In WY Opinion Rule 9(h) does moat purport to have anything to ssy on the question of when 3 menber becomes unfinanciasl. Ali zt provides 1s that, motwithstanding other requirements of the Rules concerning payment of subscriptions, a member 15 financial so long 35 an authority in writing to his or her employer to deduct subseriptions 16 ain force, It 1s therefore open to consider whether Rule 9¢e) can ul be used to determine when 3& wWwenbter Who hes been on dues deductions becomes uniinsancial. Two things sre certain; Rule 9(e@) does not expressly cover the situstion and there is no other provision of the Federal or Branch Rules which purports to give giuldsnce. As Rule 9¢€e) permits members to be im arrears for 3 16. monehs or one month, as the case may be, 1t would be very unfair and prejudicial to deny members ceasing dues deductions 2 period in which either to pay up the balance of the annual subscription or to sagm another authority. lt certainly has mot been the practice of the Branch to treat such members as unfanancial forthwith on leaving employment. It 125 my opinion that Rule 9(e) should be read as providing that a member om dues deduction is deemed to be paying subseriptions in respect of 3 'lesser periad determined" by the Uranch Council, and thal the due date for the purpose of eeming such member unfananecisl is the date of leaving the employment of the porgun Lo whom Loe suthority has been given. On thas basis 3 menter on dues leducbions has one month after the authority ceases tu have effect in which he or she way be am arrears before becoming unfinancizal. Ti may be said that such a construction of the Rules received little support from a critical comsideration of the particulsr provisions. IJf such be the case, it discloses the existence of a complete histus ain the Rules in respect of members on dues deductions, and the evidence as that they represent a substantial proportion of the members of tne Branch. Yo deny these members the opportunity or indulgence of heing in atrears for a short period before becoming yunfinsncial would seem very unfair and wvnreasonable. Moreover such 23 situstion would be quite contrary to the manner in which these nembers are treated by the Branch in compiling its records and anformang members of their obligation to bring subscriptions up to date. In my Apiniom the only practical and gust solution as to ecanclude that members on dues deduction remain financial so long as within one month after the pre-exasling aulnority exprres he or she either pays the balance of the year's subseription or signs a further deduction suthoraity. It 15 an this context that 1t 1s necessary to 3ssess the circumstances of Marilyn EKeaumont. In so doing itis mot essenti3al to consider and make fandings on her situstion coneequent upon the transfer of ber mombership from New South Wales. The eesential matler a5 that after masking paynents whether by way of dues deductions or cash payments which were gccepled as paying her subscription to 31 December 1981 she made no further payment until 16 March 1982. AL thas time she paid an amount purporting to be sam anmual subscriptiom which was recorded as ceing referable to 3 period of 12 wmonths from that date. However subsequently her records were adjusted so that the particulsr sanount paid was, properly in my opinion, applied in the first instance to arrears dating back to 1 January 1982. The erucial matter however is that she was ain arrears for virtually two and oa half months, and on my earlier findings she was therefore unfinancial for the weeks subsequent to 1 February 1982 until 16 march 1982. lt follows that she was not 4 fanancisl member throughout the "*persod of one year inmedistely preceding the date of momination for office". Ghe was mot fully financial during this period and so was mot eligible to nominate or be neminsted for the office of Secretary of the Branch. I will hear the parties om the question whether I should ° 18, order another clecliron or as 4o what course 1 shonid now adopt. and make Pindangs on Iosvee no meed at Lois stage to investiyite the other alleged urregulsrities. ! certify that this and the 17 preceding pages are a true copy of the Reasons for — Dated: lo Cf. Judgment of Mr Ss ess 52, Associate _—