Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Registered Organisations Commissioner v Australian Nursing and Midwifery Federation [2018] FCA 1735 File number: WAD 470 of 2015
Judge: BARKER J
Date of judgment: 13 November 2018
Catchwords: INDUSTRIAL LAW – alleged contraventions of s 285(1) of the Fair Work (Registered Organisations) Act 2009 (Cth) – where first respondent admits related contraventions – where second respondent rejects allegations made – whether second respondent, as the Secretary of the WA Branch of the Australian Nursing and Midwifery Federation, failed to discharge his role with the degree of care and diligence that a reasonable branch secretary would have exercised in the relevant circumstances – obligation to lodge statutory returns in a timely manner – where 14 separate allegations made, or alternatively one allegation over a period of three years – where parties agree annual statutory returns were lodged late – whether statutory returns prepared as soon as practicable in the circumstances – allocation of proper resources – whether regulator condoned conduct – business judgment under s 285(2) of the Act – operation of s 292 of the Act as to reliance on others – whether second respondent should be excused under 315(2) of the Act – where second respondent contravened s 285(1) of the Act
Legislation: Corporations Act 2001 (Cth) ss 180(1), 180(2), 189 Fair Work (Registered Organisations) Act 2009 (Cth) ss 252(1), 253, 255, 265, 266, 268, 285(1), 285(2), 292, 315 Workplace Relations Act 1996 (Cth)
Cases cited: Australian Securities and Investments Commission v Rich and Another (2009) 75 ACSR 1; [2009] NSWSC 1229 General Manager of Fair Work Australia v Health Services Union [2014] FCA 970 Re HIH Insurance Ltd (in prov liq) and HIH Casualty and General Insurance Ltd (in prov liq); Australian Securities and Investments Commission v Adler and Others (2002) 41 ACSR 72; [2002] NSWSC 171 Shafron v Australian Securities and Investments Commission (2012) 247 CLR 465; [2012] HCA 18
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