Applications to review observance of rules
Power of Chief Commissioner to deal with the rules of an organisation
Section 66 of the Industrial Relations Act 1979 (WA) provides an avenue for:
- a person who is or has been a member of an organisation; or
- a person who has applied for and not been admitted to membership in an organisation; or
- the Registrar, acting on the complaint of or on behalf of a person referred to in s 66(1)(a); or
- the Registrar of their own motion,
to make an application to the Chief Commissioner for orders and directions relating to the rules of the organisation and their observance, non-observance or the manner of their observance. The Chief Commissioner has the authority to determine whether an organisation has breached its rules in this regard.
The Chief Commissioner may also declare a true interpretation of any rule and enquire into any election for an office in the organisation in circumstances where it is alleged that there is an irregularity in the election process.
In addition, the Chief Commissioner has the authority to determine whether particular rules should be disallowed in circumstances where any rule is:
- inconsistent with any act, law or State industrial instrument; or
- is tyrannical or oppressive; or
- prevents or hinders any member of an organisation from observing any act, law or State industrial instrument; or
- imposes unreasonable conditions on a member or members; or
- is inconsistent with the democratic control of the organisation by its members.