Electoral Commissioner, in the matter of an inquiry relating to elections for offices in the Australian Federal Police Association Branch of the Police Federation of Australia [2016] FCA 469

FEDERAL COURT OF AUSTRALIA

Electoral Commissioner, in the matter of an inquiry relating to elections for offices in the Australian Federal Police Association Branch of the Police Federation of Australia [2016] FCA 469 File number: NSD 1038 of 2015

Judge: KATZMANN J

Date of judgment: 5 May 2016

Catchwords: INDUSTRIAL LAW — Inquiry into elections for office in a branch of an organisation registered under the Fair Work (Registered Organisations) Act 2009 (Cth) — where election suspended — irregularities in relation to election — where the rules of the organisation require that both nominees for office and their nominators must be financial members of the same zone — changes to zones in election year — members allocated to new zones — where rules provide for transfer of members to other zones in accordance with national executive policy — concerns about nomination process — dispute as to whether nominees and nominators in correct zones — irregularities in acceptance of certain nominations —significance of the date the roll of voters closed — failure to notify members of the date — irregularities in numbers of advertised positions in election notice calling for nominations — whether irregularities may affect result of elections — extent of power under s 200(4) to declare void any step in relation to the election

Words & phrases: "irregularity in relation to an election", "roll of voters … is to be closed"

Legislation: Commonwealth Electoral Act 1918 (Cth) ss 6, 18 Conciliation and Arbitration Act 1904 (Cth) s 4 Fair Work (Registered Organisations) Act 2009 (Cth) ss 6, 143, 182, 189, 200, 201, 204, s 206, 230, 305, 306, Ch 5 Fair Work (Registered Organisations) Regulations 2009 (Cth) regs 131(2)(c), 138(1) Industrial Relations Act 1988 (Cth) Workplace Relations Act 1996 (Cth) Workplace Relations Amendment (Registration and Accountability of Organisations) Act 2002 (Cth)