Industrial Relations Regulation 2018 (QLD)

Industrial Relations Regulation 2018

Part 1    Preliminary

1   Short title

This regulation may be cited as the Industrial Relations Regulation 2018.

2   Commencement

This regulation commences on 1 March 2018.

3   Definitions

The dictionary in schedule 6 defines particular words used in this regulation.

Part 2    Queensland Employment Standards

4   Working out continuous service—Act, s 123

(1)For working out continuous service under section 123(1) of the Act, the following matters do not break continuous service—

(a)the employee’s absence from work if there was a reasonable cause for the absence;

(b)the employee’s absence from work because of protected industrial action;

(c)another absence from work by the employee, unless the employer notifies the employee that the absence from work breaks the employee’s continuous service.

(2)An employee’s absence from work under subsection (1)(a) does break continuous service if—

(a)a decision requires the employee to—

(i)notify the employer of an absence from work; and

(ii)substantiate the reason for the absence; and

(b)the employee does not comply with the decision.

(3)Also, an employee’s absence from work under subsection (1)(a) does break continuous service if—

(a)there is no decision mentioned in subsection (2); and

(b)the employee does not promptly notify the employer of—

(i)the employee’s absence from work; and

(ii)the reason for the absence; and

(iii)the likely duration of the absence.

(4)An employee’s absence from work under subsection (1)(b) does break continuous service if the commission or a magistrate has decided, in making an order under section 122(1) of the Act, that the absence must be taken to be a break in the employee’s continuous service.

(5)A notification under subsection (1)(c)—

(a)must be given during, or within 14 days after the end of, the absence; and

(b)may be withdrawn by the employer.

(6)If the employer withdraws the notification, it is taken not to have been given.

(7)If an employee’s absence from work does not break the employee’s continuous service, the period of absence must be included as a period of service in working out the employee’s continuous service for section 123(1) of the Act.

(8)In this section—

protected industrial action see section 233(1) of the Act.

5   Compensation for commission or piece rate employees—Act, s 124

For section 124(3) of the Act, the amount taken to be payable is the average weekly remuneration payable to the employee—

(a)for an employee who was continuously employed by the employer for 3 months or more immediately before dismissal—in the 3 months before dismissal; or

(b)for an employee who was continuously employed by the employer for a period of less than 3 months immediately before dismissal—in that period.

Part 3    Collective bargaining

6   Information to accompany proposed bargaining instrument—Act, s 198

(1)For section 198(1)(c)(ii) of the Act, a proposed bargaining instrument must be accompanied by an affidavit containing the following information—

(a)whether the instrument is for a new business or is a project agreement or a multi-employer agreement;

(b)whether or not the instrument is made with an employee organisation;

(c)the industry in which the employer is engaged;

(d)the name of the relevant award or designated award;

(e)for non-State government employees—each address at which the employees to be covered by the instrument are, or are to be, employed;

(f)the number of male and female employees to be covered by the instrument;

(g)the number of apprentices or trainees to be covered by the instrument;

(h)the name and address of each employer to whom the instrument is to apply;

(i)if the instrument is a project agreement and the project or proposed project has a principal contractor—the principal contractor’s name and address;

(j)if the instrument was negotiated for someone else—the person who negotiated the instrument and the person for whom it was negotiated;

(k)the average percentage that wages of the employees to be covered by the instrument will increase or decrease under the instrument compared with wages before the instrument;

(l)the steps taken to ensure the things required to be done by sections 169, 171 and 172 of the Actwere done, and in particular, that the terms of the instrument were explained in an appropriate way given the particular circumstances and needs of the employees to be covered by the instrument;

(m)a statement that the employer did not do something mentioned in section 195(b) of the Act;

(n)a statement that the instrument passes the no-disadvantage test under chapter 4, part 5, division 3 of the Act.

(2)The affidavit must be in the form provided for in the rules made under section 551 of the Act.

(3)For section 198(1)(c)(ii) of the Act, if there is or was a bargaining instrument covering part or all of the employees to be covered by the instrument, the instrument must also be accompanied by the name and instrument number of the bargaining instrument.

7   Protected industrial action—Act, s 237

(1)For section 237(3)(b) of the Act, the purpose is the assessment of eligibility for, or the calculation of, an entitlement arising from the employee’s employment, including, for example—

(a)a superannuation entitlement; and

(b)an authorised leave entitlement; and

(c)an entitlement to remuneration and promotion as affected by seniority; and

(d)an entitlement to notice of, or compensation for, dismissal.

(2)In this section—

authorised leave means leave authorised by—

(a)the employer; or

(b)an industrial instrument; or

(c)an order of a court or tribunal having power to fix wages and other employment conditions; or

(d)the employee’s employment contract; or

(e)a Commonwealth or State law.

Part 4    General protections

8   Temporary absence—illness or injury—Act, s 297

(1)For section 297(1)(a) of the Act, an illness or injury for which the employee is absent for 2 days or less is a prescribed illness or prescribed injury if the employee promptly notifies the employer—

(a)that the illness or injury will cause the employee to be absent from work; and

(b)of the approximate period for which the employee will be absent.

(2)An illness or injury for which the employee is absent for more than 2 days is a prescribed illness or prescribed injury if the employee—

(a)promptly notifies the employer of the matters mentioned in subsection (1)(a) and (b); and

(b)either—

(i)gives the employer a doctor’s certificate about the nature of the illness or injury and the approximate period for which the employee will be absent; or

(ii)gives the employer other evidence of the illness or injury to the employer’s satisfaction.

(3)Without limiting subsection (2), if the employee is required under an industrial instrument to notify the employer of an absence from work and substantiate the reason for the absence is due to illness or injury, the illness or injury is a prescribed illness or prescribed injury if the employee complies with the industrial instrument.

(4)Despite subsections (1) to (3), an illness or injury is not a prescribed illness or injury if—

(a)the total of the employee’s absences in a 12-month period, arising from 1 or more illnesses or injuries, is more than 3 months; and

(b)the employee is not on paid sick leave or carer’s leave under chapter 2, part 3, division 6, subdivision 1 or 2 of the Act.

Part 5    Authorised industrial officers

9   Application for issue of an authority—Act, s 337

For section 337(4)(a) of the Act, an application for an authority must—

(a)be made in the form provided for in the rules made under section 551 of the Act; and

(b)state whether the person to be authorised is an officer, or employee, of the organisation; and

(c)be signed by the applicant’s president or secretary; and

(d)be accompanied by—

(i)1 passport-sized photograph of the person signed on the reverse side by the person; and

(ii)2 specimen signatures of the person verified by the applicant’s president or secretary as being genuine signatures of the person.

Part 6    Overpaid wages

10   Recovering overpaid wages—Act, s 376

For section 376(4) of the Act, the amount is ¾ of the wages payable for the pay period.

11   Recovering health employment overpayments—Act, s 948

For section 948(6) of the Act, the amount is ¾ of the amount that would otherwise be paid to the health employee on the single occasion, disregarding any deductions for any purpose.

Part 7    Fees charged by private employment agents

12   Particulars for written notice—Act, s 400

(1)For section 400(2)(a) of the Act, the particulars are as follows—

(a)the name of the person for whom the work is to be carried out;

(b)the address of the place of work;

(c)the particulars of the work;

Examples—

•for modelling work—modelling clothing

•for a performer—live theatre

(d)the period of the work;

(e)the gross amount payable to the model or performer by the person for whom the work is to be carried out;

(f)an itemised list of the fees payable to the agent by the model or performer;

(g)the net amount the model or performer is to receive after payment of the agent’s fees;

(h)if a rate of payment is provided for under an industrial instrument, the details of the instrument and the rate of payment.

(2)In this section—

industrial instrument includes a federal industrial instrument.

13   Percentage of gross amount payable to model or performer—Act, s 400

For section 400(2)(b) of the Act, the percentage is the percentage provided for under schedule 1.

14   Allowances or payments excluded from gross amount payable to model or performer—Act, s 400

For section 400(2)(b) of the Act, the allowances or payments are as follows—

(a)travelling and meal allowance;

(b)holiday pay;

(c)long service leave payments;

(d)superannuation payments;

(e)overtime or penalty payments paid on an irregular basis;

Example of an irregular basis—

A model or performer may occasionally work overtime during the period of the work.

(f)payments for rehearsals.

Part 8    Application to industrial tribunal under chapter 12 of the Act

Division 1 Definition

15   Definition for part

In this part—

industrial tribunal means the court, commission or registrar.

Division 2 Applications, and service and publication of process

16   Applications to industrial tribunal

(1)An application to an industrial tribunal under chapter 12 of the Actmust—

(a)be filed in the registry; and

(b)be in the form provided for in the rules made under section 551 of the Act; and

(c)state the facts and issues the applicant relies on to support the application.

(2)However, subsection (1)(c) does not apply to an application to which section 689 of the Actapplies.

(3)If an applicant to an industrial tribunal under chapter 12 of the Actis not the organisation the application is about, the applicant must serve a copy of the application on the organisation within 7 days after filing the application.

17   Applications for registration, change of list of callings or amendment of name or eligibility rules

(1)This section applies to an application for—

(a)registration as an organisation; or

(b)a change of list of callings; or

(c)amendment of the name of an organisation, other than an application made under section 660 of the Act; or

(d)amendment of eligibility rules of an organisation.

(2)The applicant may file a statement supporting the application when the application is filed.

(3)The applicant must publish notice of the application in the form decided by the registrar within 21 days after the application is filed—

(a)in a newspaper circulating throughout the State; and

(b)if the registrar considers it appropriate, in another newspaper or publication.

(4)Also, if the registrar considers it appropriate, the registrar may publish the notice on the QIRC website.

(5)The applicant must, within 7 days of publication of the notice under subsection (3)—

(a)serve a copy of the notice on each organisation whose callings—

(i)include the callings of the applicant’s members; or

(ii)relate to the applicant’s eligibility rules; and

(b)file in the registry a copy of the section of a newspaper or publication in which the notice was published, showing the date and name of the newspaper or publication.

(6)The application must be dealt with, as far as is practicable, in the order that it was filed.

(7)Each document accompanying an application for registration as an organisation must be signed and dated by the applicant’s president and secretary.

18   Certain applications must state grounds on which made

An application for any of the following must state the grounds on which it is made—

(a)an approval under section 635 of the Act;

(b)an exemption under chapter 12, part 12 of the Act;

(c)cancellation of an exemption under section 824 of the Act;

(d)a deregistration order.

19   Application for exemption—Act, s 802

(1)This section applies to an application for an exemption under section 802 of the Actfrom holding an election for a stated office.

(2)The application may be made only if each applicant has given each of its members, free of charge, written notice of the details of the application.

(3)An applicant may give the notice by including it in a publication it gives its members free of charge.

(4)The application must be accompanied by an affidavit by a member of each applicant’s management committee stating that subsection (2) has been complied with.

20   How making of resolution is to be notified—Act, s 813

For section 813(1)(b) of the Act, the way a member of the organisation or branch is to be given notice of the making of the resolution is by—

(a)giving the member a copy of the resolution; or

(b)for an organisation or branch that gives its members a publication free of charge—including a notice of the making of the resolution in the publication.

21   Publishing notice—Act, s 814

(1)For section 814 of the Act, the way the notice is to be published is in—

(a)a newspaper circulating generally throughout the State; and

(b)another newspaper or publication the registrar considers appropriate.

(2)The notice must be published within 21 days after the application is filed in the registry.

22   Signing or sealing application for deregistration order—Act, s 879

If an application under section 879 of the Actfor a deregistration order is made by an organisation, the application must be—

(a)under the organisation’s seal; or

(b)signed by 2 of the organisation’s officers authorised to sign the application.

23   Application by registrar for deregistration order for defunct organisation—Act, s 879

(1)This section applies if the registrar proposes to apply for a deregistration order for an organisation under section 879(4) of the Act.

(2)The registrar must make appropriate inquiries by letters sent to the—

(a)organisation’s registered office; and

(b)members of the organisation’s management committee last known to the registrar at each member’s last known address.

(3)If, after the inquiries, the registrar is satisfied the organisation is defunct, the registrar must publish a notice on the QIRC website stating—

(a)the registrar will apply after 35 days from the notice’s publication for a deregistration order on the ground that the organisation is defunct; and

(b)a person who wants to show cause why the deregistration should not be made may file a notice of objection, in the form provided for in the rules made under section 551 of the Act, in the registry within 35 days of the publication.

(4)If the registrar makes the application, the registrar must ensure the application is accompanied by a copy of a notice of objection filed.

Division 3 Objections

24   Who may object—Act, s 894

(1)For section 894(3) of the Act, an interested person for a decision sought to be made by any of the following applications may object to the making of a decision on the application—

(a)an application for amendment of name other than an application made under section 660 of the Act;

(b)an application for amendment of eligibility rules;

(c)an application for a change of list of callings.

(2)A person who has been given written notice under section 19(2) of an application for an exemption under section 802 of the Act may object to the making of a decision on the application.

(3)A member of an organisation that has applied for an exemption from the requirement that the electoral commission conduct an election under section 812 of the Actmay object to the making of a decision on the application.

(4)An interested person for a decision sought to be made by an application by the registrar for a deregistration order under section 879(4) of the Actmay object to the making of a decision on the application.

(5)A person who may object to the making of a decision on an application must give notice of an objection to the industrial tribunal.

25   Notice of objection

(1)This section applies to a notice of objection under—

(a)section 606(1)(b) of the Act; and

(b)section 24.

(2)The notice must—

(a)be in the form provided for in the rules made under section 551 of the Act; and

(b)state the grounds on which the objection is made; and

(c)be filed in the registry within 35 days after—

(i)for an objection to an application under section 802 of the Act—the giving of written notice of the application under section 19(2); or

(ii)for another objection—the publication of the notice of the application to which the objection relates; and

(d)be accompanied by a statement of the facts and issues the objector relies on in support of the objection.

(3)For subsection (2)(c)(i), if written notice of the application was given on more than 1 day under section 19(2), the notice of objection must be filed in the registry within 35 days of the latest day on which notice was given.

(4)A person who gives a notice of objection must serve a copy of the notice on the applicant and any other party to the proceedings within 7 days after filing the notice.

(5)On application, the relevant industrial tribunal may grant leave to extend the period for filing a notice of objection.

26   Answering objections

(1)The applicant may file a written response to an objection in the registry within 14 days after the notice of objection is served on the applicant.

(2)The response must be accompanied by a statement of the facts and issues relied on in support of the response.

(3)The applicant must serve a copy of the response on the person who objected within 7 days after filing the response.

Division 4 Notice of hearing and hearing

27   Hearing application and objections—Act, s 894

(1)This section applies to an application under chapter 12 of the Actother than—

(a)an application made for the purpose of section 660 of the Act; or

(b)an application for an election inquiry under section 688 of the Act.

(2)The industrial tribunal that is to hear the application must—

(a)fix a time and place to hear the application and objections; and

(b)give at least 7 days notice of the time and place of the hearing to each person who must be given an opportunity to be heard under section 894 of the Act.

28   Notice of hearing

(1)This section applies to a hearing for—

(a)cancellation of an approval under section 638 of the Act; and

(b)amendment of rules under chapter 12, part 6, division 1 of the Act; and

(c)cancellation of an exemption under section 824 of the Act; and

(d)a deregistration order under section 879(3) of the Act.

(2)A notice under section 27(2)(b) of the time and place of the hearing must also state the following information—

(a)if section 654 or 879(3)(b) of the Actapplies—the demarcation dispute undertaking to which the hearing relates;

(b)the reasons for the proposed cancellation, amendment or deregistration order;

Example of reasons for paragraph (b)—

If the registrar considers an organisation’s rules contravene the Act, how the rules contravene the Act.

(c)any proposed amendments to the organisation’s rules;

(d)that the organisation may make oral or written submissions to show why—

(i)the exemption or approval should not be cancelled; or

(ii)the rules should not be amended; or

(iii)the deregistration order should not be made;

(e)the person to whom the notice is given may file a written submission within a stated time.

29   Opportunity to make written submissions

Giving a person an opportunity to be heard under section 894 of the Actincludes giving the person an opportunity to make written submissions within a period decided by the tribunal.

30   Grounds objector may rely on

(1)An objector may rely only on the grounds stated in the notice of objection given under section 25.

(2)However, the tribunal may allow the objector to rely on another ground if—

(a)the objector gives adequate reasons for doing so; and

(b)the applicant is given an opportunity to be heard.

Part 9    Rules generally

31   Cost of copy of rules—Act, s 616

For section 616(2) of the Act, the amount is $5.00.

Part 10    Model election rules

32   Model election rules—Act, s 642

The model election rules are in schedule 2.

Part 11    Conduct of elections by organisation or branch

33   Prescribed information for elections—Act, s 669

(1)For section 669(1) of the Act, the information is as follows—

(a)the name of each office for which an election is needed;

(b)whether the election is because—

(i)the term of the office will be ending; or

(ii)there is a casual vacancy in the office; or

(iii)of a new office created under the organisation’s or branch’s rules;

(c)the number of offices for election;

(d)if membership figures are used to calculate the number of offices, the figures when—

(i)more than 1 office for which an election is needed has the same name; and

(ii)the number of the offices can, under the organisation’s or branch’s rules, be calculated before the prescribed day under subsection (4);

(e)if the electorate consists only of members of a branch, section or other division of an organisation—the name of the branch, section or division;

(f)the day and time of the start and end of the term for each office for which an election is required;

(g)whether the organisation or branch has adopted the model election rules without change;

(h)if the organisation or branch has not adopted the model election rules or has adopted the model election rules with changes—

(i)whether the voting system for the election is a direct voting system or a collegiate electoral system; and

(ii)how the organisation’s or branch’s rules require the result of the election to be decided.

(2)The information mentioned in subsection (1)(h) may be given by giving the registrar a copy of the provisions of the organisation’s or branch’s rules that contain the information.

(3)Information mentioned in subsection (1) must be accompanied by a statement signed by an authorised officer of the organisation or branch stating the information is being filed under section 669(1) of the Act.

(4)For section 669(2) of the Act, the day is the day that is 2 months before the first day on which a person may become a candidate in the election under the organisation’s or branch’s rules.

34   Prescribed particulars for election or ballot result reports—s 118 and Act, ss 676 and 818

(1)This section—

(a)sets out the particulars for section 118; and

(b)prescribes the particulars for an election result report under section 676 or 818 of the Act.

(2)The particulars are as follows—

(a)how many ballot papers were printed;

(b)how many eligible members were on the roll for the election or ballot, including a supplementary roll;

(c)how many ballot papers were given;

(d)how many duplicate ballot papers were given;

(e)how many ballot papers were not given;

(f)how many ballot papers were returned other than as unclaimed mail;

(g)how many ballot papers were returned as unclaimed mail;

(h)how many ballot papers were not returned;

(i)how many votes were informal;

(j)how many votes were rejected for a reason other than being informal and the reason for each rejection;

Examples of reasons for rejection—

For a postal vote, the voter’s voting declaration was—

(a)not filled in or signed; or

(b)not put in the return envelope; or

(c)taken from the return envelope before the manager of the ballot received the return envelope.

(k)how many ballot papers were counted;

(l)the percentage of voters who voted;

(m)how many formal votes were—

(i)for an election—for each candidate; or

(ii)for a proposed amalgamation or withdrawal—for and against the proposal;

(n)if a preferential system of voting is used for an election—how many formal votes were for each candidate after distribution of preferences;

(o)if the report is a ballot result report under section 118 and votes about an alternative amalgamation were counted under section 114(2)—

(i)the number of votes for and against the alternative amalgamation; and

(ii)the number of votes that were informal.

35   Declaration of election or ballot result

(1)The manager of an election or ballot must—

(a)make a signed declaration of the result of the election or ballot as soon as possible after the votes for the election or ballot are counted; and

(b)within 1 day of making the declaration, give a copy of it to—

(i)the organisation, branch, or constituent part that the election or ballot was about; and

(ii)for an election—each candidate.

(2)The declaration may be countersigned by a scrutineer.

36   Copies of result reports to be given

The manager of an election or ballot must, within 1 day of the giving of the report for the election under section 676 or 818 of the Actor the ballot under section 118, give a copy of the report to—

(a)the organisation, branch or constituent part that the election or ballot was about; and

(b)for an election—each candidate who asks the manager for a copy of the report.

37   Voters may ask for information about election or ballot

(1)A voter may ask a manager of an election or ballot to give stated information that—

(a)may allow the voter to find out whether there has been an irregularity for the election or ballot; and

(b)is in the manager’s knowledge.

Examples of information a voter may ask for—

•whether ballot papers were posted on the same day

•if all material required to be given to voters for a ballot was given

(2)The manager must give the information to the voter.

Maximum penalty—20 penalty units.

(3)However, subsection (2) does not make an electoral officer liable for an offence.

38   Unauthorised action in conducting election or ballot

A person, other than the manager of an election or ballot, must not do, or purport to do, an act in the conduct of the ballot, unless authorised by the manager.

Maximum penalty—20 penalty units.

39   Ballot security

(1)The manager of an election or ballot must ensure each ballot paper for the election—

(a)has a watermark or other distinctive pattern that prevents it from being reproduced other than by the manager or someone authorised by the manager; and

(b)is of a type of paper that hides a vote marked on it from view when it is folded once.

Maximum penalty—20 penalty units.

(2)However, subsection (1) does not make an electoral officer liable for an offence.

Part 12    Records and accounts

40   Requirements for financial policies—Act, s 740

For section 740(1) of the Act, the requirements for an organisation’s policy are the requirements mentioned in schedule 3.

41   Procedure for issuing certificate about reporting units on registrar’s initiative—Act, s 757

(1)For section 757(1)(c) of the Act, the registrar must give the organisation written notice of the registrar’s intention to issue a certificate under section 755 of the Act.

(2)The notice must state—

(a)the reasons for the proposed division of the organisation on an alternative basis as mentioned in section 752(3) of the Act; and

(b)any proposed changes to the rules under section 757(3) of the Act; and

(c)that a reporting unit affected by the proposed alternative division has the opportunity to be heard under section 43 on the proposed changes to the rules.

42   Procedure for revoking certificate—Act, s 759

(1)For section 759(6)(b) of the Act, the registrar must give each reporting unit of an organisation written notice of—

(a)the registrar’s intention to revoke a certificate issued to the organisation; and

(b)any proposed rule changes.

(2)The notice must state—

(a)the reasons for the proposed revocation; and

(b)that a reporting unit affected by the revocation has the opportunity to be heard under section 43 on the proposed rule changes.

43   Opportunity to be heard about rule changes—Act, ss 757 and 759

(1)For sections 757(4) and 759(8) of the Act, the registrar must, for the purpose of giving an organisation and an affected reporting unit an opportunity to be heard on a matter—

(a)fix a time and a place for a hearing on the matter; and

(b)give the organisation and each reporting unit, at least 7 days before the hearing, a written notice stating—

(i)the matter that is to be heard; and

(ii)the time and place for the hearing; and

(iii)that the organisation and an affected reporting unit have the right to make submissions to the registrar about the matter; and

(iv)how submissions may be made.

(2)The organisation and an affected reporting unit may make submissions to the registrar by—

(a)giving the registrar written submissions at least 2 days before the hearing; or

(b)appearing at the hearing and making oral submissions.

44   Information for concise financial report—Act, s 778

(1)For section 778(3)(a) of the Act, a concise financial report must include—

(a)the following financial statements included in the general purpose financial report—

(i)a profit and loss statement, or other operating statement;

(ii)a balance sheet;

(iii)a statement of cash flows; and

(b)disclosure of information for the previous financial year corresponding to the disclosures made for the financial year to which the report relates; and

(c)the principal factors affecting the financial performance, financial position and financial and investing activities of the reporting unit; and

(d)reports or statements mentioned in section 763(2)(c) of the Actincluded in the general purpose financial report; and

(e)a statement that the concise financial report has been derived from the full report and cannot be expected to give as full an understanding of the financial performance, financial position and financial and investing activities of the reporting unit as the full report; and

(f)the notice mentioned in section 787(6) of the Act.

(2)A concise report may include other information from the full report.

(3)In this section—

full report means a report mentioned in section 778(1)(a) of the Act.

45   Period to prepare general purpose financial report—Act, s 785

For section 785(5) of the Act, the period is as soon as practicable after the end of the financial year.

46   Certificate for general purpose financial report—Act, s 785

For section 785(8)(b) of the Act, the certificate must certify whether, in the opinion of the designated officer—

(a)all requirements prescribed under the Act for establishing and keeping the ORU’s accounts have been complied with in all material respects during the financial year; and

(b)the general purpose financial statement presents a true and fair view, in compliance with the prescribed accounting standards, of the ORU’s transactions for the financial year and the financial position at the end of the year.

47   Information about reporting unit—Act, s 787

For section 787(1) of the Act, the information is the information mentioned in schedule 4.

Part 13    Amalgamations and withdrawals

Division 1 Federations

48   Application for recognition as federation

(1)Existing organisations may jointly apply to the commission for recognition as a federation.

(2)The application must—

(a)be filed in the registry before the existing organisations make a ballot application for a proposed amalgamation; and

(b)include the following particulars—

(i)the proposed federation’s name;

(ii)the names of the existing organisations proposed to be constituent organisations of the proposed federation;

(iii)the proposed federation’s address for service;

(iv)the names of the proposed officers of the federation; and

(c)be accompanied by a copy of—

(i)the proposed federation’s rules; or

(ii)the agreement about the proposed federation’s functions and powers.

(3)The commission must allow the application if satisfied the existing organisations intend to make a ballot application for the proposed amalgamation within 3 years after being recognised as a federation.

(4)If the application is allowed, the registrar must enter the following particulars in the register kept under section 614(1)(a) of the Act—

(a)the federation’s name;

(b)its constituent organisations’ names.

49   Representation by federation

(1)After it is recognised, a federation may represent its constituent organisations and the members of the constituent organisations under the Act.

(2)However—

(a)an organisation belonging to a federation may still represent itself or its members; and

(b)a federation may not become a party to an industrial instrument.

50   Amendment of federation’s composition

(1)A federation may, with the commission’s approval, amend its composition—

(a)if another organisation intends to become concerned in the proposed amalgamation—to include the organisation; or

(b)to release an organisation from the federation.

(2)If a federation amends its composition, the registrar must enter particulars of the amendment in the register kept under section 614(1)(a) of the Act.

51   When federation ends

A federation ends—

(a)on the amalgamation day for the proposed amalgamation; or

(b)if a ballot application for the proposed amalgamation is not made within 3 years after the existing organisations were recognised as a federation—on the day after the end of that period; or

(c)if, on an application by the Minister or by a person the full bench considers is an interested person, a full bench decides the achievement of an object of this Act is being prevented by the industrial conduct of the federation or any of its constituent organisations—on the day the decision is made.

52   Change in particulars, rules or agreement for federation

(1)This section applies to a federation if there is a change in—

(a)a particular mentioned in section 48(2)(b); or

(b)the federation’s rules; or

(c)the agreement about the federation’s functions and powers.

(2)Within 28 days after the change, the federation is to file in the registry a statement including the details of the change.

Division 2 Community of interest declaration

53   Community of interest declaration for amalgamation

(1)Existing organisations for a proposed amalgamation may jointly apply to the commission for a declaration under this section.

(2)The application must—

(a)state the grounds on which it is made; and

(b)nominate 1 of the applicants as the person authorised to receive on the applicants’ behalf service of documents for the application, a proposed amalgamation and each proposed alternative amalgamation; and

(c)be signed by the president or secretary of each joint applicant; and

(d)be accompanied by a copy of each resolution for the proposed amalgamation under section 56(4), signed by the president or secretary of the applicant whose management committee passed it; and

(e)be filed in the registry before or with the ballot application for the proposed amalgamation.

(3)Service of a document on the person nominated for subsection (2)(b) is taken to be service on each of the applicants.

(4)If the application is filed before the ballot application, the commission must promptly fix a time and place to hear submissions on the application.

(5)If, after a hearing under this section or section 79, the commission is satisfied there is a community of interest between the existing organisations about the existing organisations’ industrial interests, it must make a declaration to that effect.

(6)There is a community of interest between existing organisations about the existing organisations’ industrial interests if—

(a)a substantial number of members of 1 of the organisations are—

(i)eligible to become members of the other organisation or each of the other organisations; or

(ii)engaged in the same work or industry or in aspects of the same or similar work or industry as members (other members) of the other organisation or each of the other organisations; or

(iii)bound by the same industrial instruments as other members; or

(iv)for an employee organisation—employed in the same or similar work by employers engaged in the same industry as other members; or

(b)the commission is otherwise satisfied there is a community of interest.

54   End of declaration

(1)A community of interest declaration ends if—

(a)the application for the declaration was filed before a ballot application for the proposed amalgamation is filed; and

(b)a ballot application for the proposed amalgamation is not filed within 6 months after the declaration.

(2)The commission may revoke a community of interest declaration if satisfied there is no longer a community of interest between the existing organisations about the existing organisations’ industrial interests.

Division 3 Acting for constituent part

55   Who may act for constituent part

Anything that must or may be done under this part by a constituent part must or may be done by—

(a)a management committee of the constituent part; or

(b)if there is no management committee of the constituent part—the representative constituent member.

Division 4 Amalgamation and withdrawal schemes

56   Management committee approval

(1)A scheme for a proposed amalgamation and any changes to the scheme must be approved by each existing organisation the scheme is about.

(2)A scheme for a proposed withdrawal and any changes to the scheme must be approved by the constituent part seeking to withdraw.

(3)An approval under subsection (1) may be given only by the organisation’s management committee.

(4)The management committee’s approval must be by resolution.

(5)Despite an existing organisation’s rules, the following are taken to have been made under its rules if approved by its management committee’s resolution—

(a)a scheme;

(b)a scheme amendment;

(c)a proposed amendment of its rules in a scheme.

57   Amalgamation or withdrawal scheme

(1)The scheme for a proposed amalgamation must state the following—

(a)the general nature of the amalgamation, showing—

(i)the existing organisations; and

(ii)if an existing organisation is the proposed amalgamated organisation—that fact; and

(iii)if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and its name; and

(iv)the organisations that are proposed to be deregistered;

(b)that all members of the proposed deregistering organisations are to become, on amalgamation, without payment of an entrance fee, members of the amalgamated organisation;

(c)if it is proposed to change an existing organisation’s name—particulars of the proposed change;

(d)if it is proposed to amend an existing organisation’s eligibility and other rules—particulars of the proposed amendments;

(e)if an association is proposed to be registered as an organisation—its eligibility and other rules;

(f)if it is proposed to change an existing organisation’s list of callings—particulars of the proposed change;

(g)the arrangements that will exist on amalgamation for the property of the proposed deregistering organisations;

(h)the arrangements that will exist on amalgamation for the liabilities of the proposed deregistering organisations.

(2)The scheme for a proposed withdrawal must state the following—

(a)the general nature of the withdrawal, showing—

(i)the amalgamated organisation; and

(ii)the name and rules of the proposed newly registered organisation;

(b)that all constituent members are to become on withdrawal, without payment of an entrance fee, members of the newly registered organisation.

(3)Subsections (1) and (2) do not limit the matters stated in a scheme.

58   Alternative schemes for amalgamation

(1)A scheme for a proposed amalgamation of 3 or more existing organisations may have 1 or more alternative schemes for an alternative amalgamation of 2 or more of the existing organisations.

(2)Each alternative scheme must be approved by each existing organisation the alternative amalgamation is about.

(3)Each alternative scheme must show details of the differences between—

(a)the proposed amalgamation and each proposed alternative amalgamation; and

(b)a proposed organisation’s rules, and proposed amendments to the existing organisations’ rules, under—

(i)the proposed amalgamation; and

(ii)each proposed alternative amalgamation.

59   Amending schemes

(1)The commission may, before a ballot for a proposed amalgamation starts, permit the existing organisations for the amalgamation to amend the amalgamation scheme.

(2)The commission may, before a ballot for a proposed withdrawal starts, permit a constituent part to amend the withdrawal scheme.

(3)The permission may—

(a)for a permission to amend a proposed amalgamated organisation’s rules—allow the amendment to be made by resolutions of the existing organisations’ management committees—

(i)as far as the amendment affects the proposed amalgamated organisation or its rules; and

(ii)despite the proposed amalgamated organisation’s rules; and

(b)for a permission to amend an existing organisation’s rules—despite the rules, allow the existing organisation by a resolution of its management committee to amend the rules, other than a proposed amalgamated organisation’s rules; and

(c)for a permission to amend the rules of a proposed newly registered organisation—allow the amendment to be made by the constituent part—

(i)as far as the amendment affects the proposed newly registered organisation or its rules; and

(ii)despite the proposed newly registered organisation’s rules; and

(d)provide for procedures that, despite an organisation’s rules, may or must be followed by a management committee or a constituent part; and

(e)be given on conditions stated by the commission.

(4)If the commission gives the permission on conditions and the conditions are contravened, the commission may—

(a)amend the scheme; or

(b)give directions or make orders about—

(i)holding the ballot; or

(ii)procedures for the amalgamation or withdrawal.

(5)Subsection (4) does not limit the commission’s other powers.

(6)If a scheme is amended, whether under this section or otherwise, the scheme outline must be amended to reflect the amendment.

60   Scheme outlines

(1)A scheme outline must be no more than 3,000 words, unless the commission approves otherwise.

(2)The outline may, if the commission approves, include things other than words, including, for example, diagrams, illustrations and photographs.

(3)The commission may, before an amalgamation ballot begins, allow the existing organisations seeking amalgamation to amend the outline.

(4)The commission may, before a withdrawal ballot begins, allow the constituent part seeking withdrawal to amend the outline.

(5)The commission may amend the outline to—

(a)correct factual errors; or

(b)ensure it complies with the Act.

Division 5 Applications about ballots

61   Application to submit proposed amalgamation to a ballot

(1)An application may be made to the commission for an amalgamation ballot.

(2)The application must be made jointly by the existing organisations and any association proposed to be registered as an organisation under the amalgamation.

(3)The application must—

(a)be accompanied by—

(i)a copy of the scheme for the proposed amalgamation; and

(ii)a written scheme outline; and

(b)nominate 1 of the applicants as the person authorised to receive on the applicants’ behalf service of documents for the application, proposed amalgamation and each proposed alternative amalgamation; and

(c)be signed by the president or secretary of each joint applicant; and

(d)be accompanied by a copy of each resolution for the proposed amalgamation under section 56, signed by the president or secretary of the existing organisation whose management committee passed it; and

(e)be accompanied by an affidavit by a member of each existing organisation’s management committee stating subsection (5)(b) has been complied with.

(4)Service of a document on the applicant nominated under subsection (3)(b) is taken to be service on each of the applicants.

(5)An application may be made only if each existing organisation’s management committee has—

(a)resolved to make the application; and

(b)notified each member of the making of the resolution by—

(i)giving the member a copy of the resolution; or

(ii)including the resolution in a publication the organisation gives its members free of charge.

62   Application to submit proposed withdrawal to a ballot

(1)An application may be made to the commission for a withdrawal ballot.

(2)However, an application may not be made if—

(a)it is more than 2 years after the amalgamation happened; or

(b)in the year immediately before it is intended to make the application, the commission rejected an application for a withdrawal ballot to be held for the constituent part of the organisation seeking withdrawal; or

(c)an application for a withdrawal ballot has previously been made and granted and the subsequent ballot did not approve the withdrawal.

(3)The application may be made by—

(a)the lesser of—

(i)the number equal to 5% of the constituent members on the day the application is filed; or

(ii)2,000 constituent members; or

(b)the management committee of a constituent part.

(4)An application may be made only if the constituent part has given the constituent members notice of the making of the application.

(5)The notice must be given—

(a)personally; or

(b)by post, addressed to the constituent member’s residential address; or

(c)in a publication the amalgamated organisation or constituent part gives the constituent members free of charge.

(6)The application must state a person (the representative constituent member) to be the applicant’s representative for the ballot—

(a)to receive documents on the applicant’s behalf; and

(b)for other purposes under this part.

(7)The application must be accompanied by an affidavit by the representative constituent member stating subsection (4) has been complied with.

63   Amalgamation ballot exemption—number of members

(1)A proposed amalgamated organisation may apply to the commission for an exemption (a ballot exemption) from the requirement to hold a ballot for the amalgamation.

(2)The application may be made only on the ground that the number of persons that could become members of the proposed amalgamated organisation is not more than 25% of the number of members of the applicant when the applicant’s management committee resolved to make the application.

(3)The application must—

(a)be filed in the registry together with the ballot application for the amalgamation; and

(b)state the ground on which it is made; and

(c)be signed by the president or secretary of the applicant; and

(d)be accompanied by an affidavit by a member of the applicant’s management committee stating—

(i)the number of persons who could become members of the proposed amalgamated organisation is not more than 25% of the number of members of the applicant when the management committee resolved to make the application; and

(ii)subsection (4)(b) has been complied with.

(4)An application may be made only if the applicant’s management committee has—

(a)resolved to make the application; and

(b)notified the organisation’s members of the making of the resolution by—

(i)giving each member a copy of the resolution; or

(ii)including it in a publication the organisation gives its members free of charge.

64   Amalgamation ballot exemption—recognising federal ballot

(1)This section applies if—

(a)an organisation’s counterpart federal body has amalgamated with another organisation’s counterpart federal body under the Commonwealth Registered Organisations Act; and

(b)the organisations propose to amalgamate under the Act.

(2)The organisations may apply to the commission for an exemption from holding an amalgamation ballot.

(3)The application must—

(a)be filed in the registry with the ballot application for the amalgamation; and

(b)state the grounds on which it is made; and

(c)be signed by the president or secretary of each organisation; and

(d)be accompanied by an affidavit by a member of each applicant’s management committee stating subsection (4)(b) and (c) has been complied with.

(4)An application may be made only if the management committee of each organisation has—

(a)resolved to make the application; and

(b)notified each member of the making of the resolution by—

(i)giving the member a copy of the resolution; or

(ii)including the resolution in a publication the organisation gives its members free of charge; and

(c)notified each member of the member’s right to object to the application under section 74 in 1 of the following ways—

(i)personally;

(ii)by post, addressed to the member’s residential address;

(iii)by including notice of the right in a publication the organisation gives its members free of charge.

65   Withdrawal ballot exemption—recognising federal ballot

(1)This section applies if—

(a)a ballot has been held under the Commonwealth Registered Organisations Act to decide whether a constituent part of an amalgamated organisation under that Act should withdraw from the organisation; and

(b)the constituent part has been registered as an organisation under the Commonwealth Registered Organisations Act, section 110.

(2)The constituent part may apply to the commission for an exemption from holding a withdrawal ballot.

(3)The application must—

(a)be filed in the registry with the ballot application for the withdrawal; and

(b)state the grounds on which it is made; and

(c)state a person (the representative constituent member) to be the applicant’s representative for the ballot—

(i)to receive documents on the applicant’s behalf; and

(ii)for other purposes under this part; and

(d)be signed by the representative constituent member; and

(e)be accompanied by an affidavit by the representative constituent member stating subsection (4) has been complied with.

(4)An application may be made only if the constituent part has given each constituent member notice of the making of the application and of the member’s right to object to the application under section 75 in 1 of the following ways—

(a)personally;

(b)by post, addressed to the constituent member’s residential address;

(c)by including it in a publication the amalgamated organisation or constituent part gives the constituent members free of charge.

66   Application for alternative ballot

(1)An existing organisation may apply to the commission for approval for an amalgamation ballot that is not a postal ballot (an alternative ballot).

(2)A constituent part may apply to the commission for approval for a withdrawal ballot that is not a postal ballot (also an alternative ballot).

(3)The application must—

(a)be filed in the registry with the ballot application for the amalgamation or withdrawal; and

(b)state, or be accompanied by, the proposal for the alternative ballot; and

(c)for an amalgamation ballot—

(i)be signed by the applicant’s president or secretary; and

(ii)be accompanied by an affidavit by a member of the applicant’s management committee stating subsection (4) has been complied with; and

(d)for a withdrawal ballot—

(i)be signed by the applicant’s representative constituent member; and

(ii)be accompanied by an affidavit by the applicant’s representative constituent member stating subsection (5) has been complied with.

(4)An application for an amalgamation ballot may be made only if the applicant’s management committee has—

(a)resolved to make the application; and

(b)notified each member of the making of the resolution by—

(i)giving the member a copy of the resolution; or

(ii)including it in a publication the organisation gives its members free of charge.

(5)An application for a withdrawal ballot may be made only if the constituent part has given each member notice of the making of the application in 1 of the following ways—

(a)personally;

(b)by post, addressed to the member’s residential address;

(c)by including it in a publication the amalgamated organisation or constituent part gives the constituent members free of charge.

(6)The alternative ballot must provide—

(a)that the ballot is to be—

(i)a secret ballot of the existing organisation’s members or constituent members who have a right to vote in the ballot; and

(ii)held at meetings of the members; and

(iii)carried out by the electoral commission; and

(iv)otherwise held under the Act; and

(b)that members are to be given at least 21 days notice of—

(i)the meetings; and

(ii)the things to be considered at the meetings; and

(iii)each member’s entitlement to an absentee vote; and

(c)for the posting of the scheme outline and the ‘yes’ case or ‘no’ case under section 99; and

(d)for absentee voting.

67   Withdrawing from application

(1)A party to an application under section 53(1) or 61(1) may file a notice of the withdrawal of the application in the registry.

(2)If a notice is filed under subsection (1), the registrar must take the steps the registrar considers necessary to ensure the notice is brought to the attention of the organisations, associations and persons likely to be affected by the withdrawal.

(3)The parties to an application under section 53(1) or 61(1) may jointly file a notice of withdrawal of the application in the registry.

(4)An applicant under section 62(1), 63(1), 64(2), 65(2) or 66 may file a notice of withdrawal of the application in the registry.

(5)A party or applicant filing a notice of withdrawal must file with the notice a statement that the party’s or applicant’s management committee has passed a resolution approving the withdrawal of the application.

(6)However, if an applicant has no management committee, the applicant must file with the notice a statement that the applicant has passed a resolution approving the withdrawal of the application.

(7)The statement must be signed by an authorised officer of the party or applicant or the representative constituent member.

Division 6 ‘Yes’ or ‘no’ case

68   Filing ‘yes’ case

(1)An existing organisation for a proposed amalgamation may file in the registry a written statement (a ‘yes’ case) supporting either or both of the following—

(a)the proposed principal amalgamation;

(b)each proposed alternative amalgamation.

(2)A constituent part that wants to withdraw from an amalgamated organisation may file a written statement (also a ‘yes’ case) supporting the withdrawal.

(3)A ‘yes’ case must be no more than 2,000 words.

(4)A ‘yes’ case must be filed with the ballot application for the proposed amalgamation or withdrawal.

69   Filing ‘no’ case

(1)The number of members mentioned in subsection (2) of an existing organisation for a proposed amalgamation may file in the registry a written statement (a ‘no’ case) opposing either or both of the following—

(a)the proposed amalgamation;

(b)each proposed alternative amalgamation.

(2)The number of members filing a ‘no’ case for an amalgamation must be at least the lesser of—

(a)5% of the organisation’s total members when the ballot application for the proposed amalgamation was filed; or

(b)1,000.

(3)The number of members mentioned in subsection (4) of an amalgamated organisation from which a constituent part wants to withdraw may file in the registry a written statement (also a ‘no’ case) opposing the proposed withdrawal.

(4)The number of members filing a ‘no’ case for a withdrawal must be at least the lesser of—

(a)5% of the constituent members when the ballot application for the proposed withdrawal was filed; or

(b)1,000.

(5)A ‘no’ case must be—

(a)filed no later than 7 days before the hearing for the proposed amalgamation or withdrawal; and

(b)no more than 2,000 words.

70   Commission statements

(1)If 2 or more ‘no’ cases are filed, the commission may prepare a written statement opposing the amalgamation—

(a)based on the ‘no’ cases; and

(b)as far as practicable, fairly presenting the substance of the arguments in the ‘no’ cases; and

(c)if practicable, in consultation with representatives of the persons who filed the ‘no’ cases.

(2)The statement must be no more than 2,000 words.

(3)The statement is taken to be the only ‘no’ case for the amalgamation.

71   ‘Yes’ or ‘no’ cases may include things other than words

If the commission approves, a ‘yes’ case or a ‘no’ case may include things other than words, including, for example, diagrams, illustrations and photographs.

72   Amending ‘yes’ or ‘no’ cases

The commission may—

(a)allow the person who filed a ‘yes’ case or a ‘no’ case to amend it; and

(b)amend a filed ‘yes’ case or a ‘no’ case to—

(i)correct factual errors; or

(ii)ensure it complies with the Act.

Division 7 Objections

73   Objections about amalgamations

(1)The following persons may object to an application under section 61—

(a)a member of an existing organisation the amalgamation is about;

(b)an interested person for a decision about the proposed amalgamation.

(2)The objection must be on the ground that the proposed amalgamated organisation does not meet or, if the amalgamation takes effect, will not meet the requirements for registration under sections 603 to 605 of the Act.

74   Objection to amalgamation ballot exemption—recognising federal ballot

A member of an organisation that has applied for an exemption from holding a ballot for a proposed amalgamation under section 64 may object to the application on the ground that the exemption would detrimentally affect the member’s interests.

75   Objection to withdrawal ballot exemption—recognising federal ballot

A constituent member of a constituent part that has applied for an exemption from holding a withdrawal ballot under section 65 may object to the application on the ground that the exemption would detrimentally affect the member’s interests.

76   Notice of objection

(1)A notice of objection under section 73 must be filed—

(a)by the day fixed by the commission; or

(b)if the commission substitutes a later day for the fixed day—by the substituted day; or

(c)if no day is fixed—within 28 days after a notice under section 81 for the proposed amalgamation is first published.

(2)A notice of objection under section 74 or 75 must be filed within 28 days after a notice of the application is given under section 78.

(3)The notice must state—

(a)the objector’s name and address; and

(b)the grounds of the objection; and

(c)particulars of the grounds.

(4)A notice of objection from an organisation must—

(a)be under the organisation’s seal; or

(b)be signed by the organisation’s authorised officer.

(5)The person who files the notice must serve a copy of it on each applicant within 7 days after the filing.

77   Answering objection

(1)If a copy of a notice of objection has been served under section 76(5), the applicant may file a statement answering the notice.

(2)The statement must—

(a)be signed by an authorised officer of each applicant; and

(b)state the facts relied on in answer to the objection; and

(c)be filed in the registry within 14 days after the notice of objection is served on the applicants.

(3)The applicant must serve a copy of the statement on the objector stated in the notice of objection within 7 days after filing it.

Division 8 Hearing

78   Notice of application

(1)This section applies if an application for a proposed amalgamation is filed under section 61 or an application for a proposed withdrawal is filed under section 62.

(2)For a proposed amalgamation, the commission must promptly give notice of the following matters to all members of the existing organisations the amalgamation is about—

(a)the application;

(b)an application for a community of interest declaration under section 53;

(c)an application for a ballot exemption;

(d)an application for an alternative ballot;

(e)for an application mentioned in any of paragraphs (a) to (d)—a right to object to the application under this part.

(3)A notice under subsection (2) must be—

(a)given in a newspaper circulating throughout the State; and

(b)published on the QIRC website.

(4)For a proposed withdrawal, the commission must promptly give notice of the following matters to all constituent members—

(a)the application;

(b)an application for a ballot exemption;

(c)an application for an alternative ballot;

(d)for an application mentioned in any of paragraphs (a) to (c)—a right to object to the application under this part.

(5)A notice under subsection (4) must be—

(a)given in a newspaper circulating throughout the State; and

(b)published on the QIRC website.

79   Amalgamation or withdrawal hearing

(1)When the time for filing a statement answering a notice of objection under section 76(2) for a proposed amalgamation or withdrawal has ended, the commission must promptly fix a time and place for a hearing to hear submissions about—

(a)the application; and

(b)if an application for a community of interest declaration under section 53 was filed with the application—making a declaration for the amalgamation; and

(c)if a ballot exemption was applied for—giving the exemption; and

(d)if approval for an alternative ballot was applied for—giving the approval.

(2)The commission—

(a)must promptly give notice of the time and place for the hearing to—

(i)the applicant; and

(ii)all organisations; and

(iii)a person who has filed an objection to an application to be heard at the hearing; and

(b)may notify other persons it considers may be interested in the hearing.

Example for paragraph (b)—

notifying the electoral commission

80   Amalgamation ballot approval if no objections or objections withdrawn

(1)At a hearing for a proposed amalgamation, if there are no objections to be heard under section 82, the commission must allow the application and approve the submission of the amalgamation to ballot if it considers the application meets the following conditions (the ballot conditions)—

(a)the application complies with section 61;

(b)the amalgamation involves registering a proposed organisation;

(c)a person ineligible for membership of an existing organisation for the amalgamation will not be eligible for membership of the amalgamated organisation;

(d)if the name of the proposed amalgamated organisation is the same as another organisation’s name or so similar to another organisation’s name as to be likely to cause confusion—the other organisation has consented in writing to the name;

(e)the proposed amalgamated organisation’s rules and any proposed amendment of an existing organisation’s rules do not contravene the Act or an industrial instrument;

(f)a proposed deregistration of an existing organisation complies with the Act.

(2)If the commission considers the application does not meet the ballot conditions, it may allow the application only if satisfied the ballot conditions will be met by—

(a)permitting the applicant to amend the amalgamation scheme; or

(b)accepting the applicant’s undertaking to amend the amalgamation scheme.

(3)If the commission is not satisfied under subsection (1) or (2) it must—

(a)refuse the application; or

(b)adjourn the proceeding.

(4)A permission under subsection (2)(a) may—

(a)despite an existing organisation’s rules, allow the organisation to amend the scheme, including proposed alterations to the organisation’s rules; and

(b)provide for the procedure that, despite the rules, may or must be followed by the management committee for the application; and

(c)be given on conditions stated by the commission.

(5)If an undertaking under subsection (2)(b) or conditions under subsection (4)(c) are contravened, the commission may—

(a)amend the scheme; or

(b)give orders or directions about—

(i)holding the ballot; or

(ii)the procedure for the amalgamation.

(6)Subsections (3) and (5) do not limit the commission’s other powers.

81   Notifying refusal of ballot application

(1)This section applies if the commission refuses to approve a ballot application because the ballot condition in section 80(1)(c) is not met and the commission is not satisfied as stated in section 80(2).

(2)The registrar must publish a notice of the refusal in a newspaper in a way that, in the registrar’s opinion, is likely to come to the attention of persons who would likely have been affected by the proposed amalgamation to which the application relates.

(3)The notice must state—

(a)the ground stated in section 73 for an objection; and

(b)the day under section 76(1) by which a notice of objection must have been filed.

82   Hearing objection

(1)When the time for filing a statement answering a notice of objection under section 76(1) has ended, the commission must promptly—

(a)fix a time and place to hear objections to the application; and

(b)give the applicant and any objector notice of the time and place of the hearing.

(2)The commission may fix separate hearings for different objections.

83   Amalgamation ballot approval after hearing objections

(1)After the hearing of objections under section 82, the commission must allow the application and approve the submission of the amalgamation to ballot if it considers the application meets the following conditions (the ballot conditions)—

(a)the application complies with section 61;

(b)the amalgamation involves registering a proposed organisation;

(c)a person ineligible for membership of an existing organisation for the amalgamation will not be eligible for membership of the amalgamated organisation;

(d)if the name of the proposed amalgamated organisation is the same as another organisation’s name or so similar to another organisation’s name as to be likely to cause confusion—the other organisation has consented in writing to the name;

(e)the proposed amalgamated organisation’s rules and any proposed amendment of an existing organisation’s rules do not contravene the Act or an industrial instrument;

(f)a proposed deregistration of an existing organisation complies with the Act.

(2)If the commission considers the application does not meet the ballot conditions, it may allow the application only if satisfied the ballot conditions will be met by—

(a)permitting the applicant to amend the amalgamation scheme; or

(b)accepting the applicant’s undertaking to amend the amalgamation scheme.

(3)If the commission considers an application does not meet the ballot conditions and is not satisfied the ballot conditions will be met by the things mentioned in subsection (2), the commission must allow the application only if satisfied—

(a)no properly made objection is justified; and

(b)the amalgamation does not contravene the Act or an industrial instrument.

(4)If the commission is not satisfied under subsection (1), (2) or (3) it must—

(a)refuse the application; or

(b)adjourn the proceeding.

(5)A permission under subsection (2)(a) may—

(a)despite an existing organisation’s rules, allow the organisation to amend the scheme, including proposed alterations to the organisation’s rules; and

(b)provide for the procedure that, despite the rules, may or must be followed by the management committee for the application; and

(c)be given on conditions stated by the commission.

(6)If an undertaking under subsection (2)(b) or conditions under subsection (5)(c) are contravened, the commission may—

(a)amend the scheme; or

(b)give orders or directions about—

(i)holding the ballot; or

(ii)the procedure for the amalgamation.

(7)Subsections (4) and (6) do not limit the commission’s other powers.

84   Withdrawal ballot approval

(1)At the hearing for a proposed withdrawal, the commission must allow the application and approve the submission of the withdrawal to ballot if it considers the application meets the following conditions—

(a)the application for the ballot is made as required by section 62;

(b)if the name of the proposed newly registered organisation is the same as another organisation’s name or so similar to another organisation’s name as to be likely to cause confusion—the other organisation has consented in writing to the name;

(c)the proposed newly registered organisation’s rules do not contravene the Act or an industrial instrument.

(2)If the commission orders that a ballot be held, it may make the orders it considers appropriate for the conduct of the ballot.

85   Ballot exemption—number of members

(1)This section applies at a hearing for a proposed amalgamation if a ballot exemption application under section 63 was filed with the ballot application for the amalgamation.

(2)If the number of persons that could become members of the proposed amalgamated organisation is not more than 25% of the number of members of the applicant when the applicant’s management committee resolved to make the application, the commission must allow the ballot exemption, unless it considers the exemption should be refused because of special circumstances.

(3)If the commission gives the exemption, the organisation’s members are taken to have approved—

(a)the proposed amalgamation; and

(b)each proposed alternative amalgamation.

86   Amalgamation ballot exemption—recognising federal ballot

(1)If an application for an exemption from holding an amalgamation ballot has been made under section 64, the commission may give the exemption only if satisfied—

(a)the percentage of Queensland voters in the federal ballot approving the amalgamation was the same as, or more than, the percentage that would have been required to approve the amalgamation under section 116 had the Queensland voters been voting in a ballot for an amalgamation to which section 116 applied; and

(b)if the organisations’ and the counterpart federal bodies’ eligibility rules differ—the interests of the organisations’ members who were ineligible to vote in the federal ballot have not been detrimentally affected; and

(c)any objections on the ground mentioned in section 73 have been resolved; and

(d)all likely legal challenges, including inquiries under the Commonwealth Registered Organisations Act, in the federal jurisdiction have ended.

(2)If the commission is satisfied of the things mentioned in subsection (1), the commission must give the exemption, unless it considers the exemption should be refused because of special circumstances.

(3)If the commission gives the exemption, the organisation’s members are taken to have approved—

(a)the proposed amalgamation; and

(b)each proposed alternative amalgamation.

(4)In this section—

federal ballot means a ballot that has been held under the Commonwealth Registered Organisations Act to approve a proposed amalgamation.

87   Withdrawal ballot exemption—recognising federal ballot

(1)If an application for an exemption from holding a ballot for a proposed withdrawal is made under section 65, the commission may give the exemption only if satisfied—

(a)the percentage of Queensland voters in the federal ballot approving the withdrawal from amalgamation was the same as, or more than, the percentage that would have been required to approve the withdrawal under section 116 had the Queensland voters been voting in a ballot for a withdrawal to which section 116 applied; and

(b)if the proposed newly registered organisation’s eligibility rules are different from those of the organisation registered under the Commonwealth Registered Organisations Act, section 110—the interests of the constituent members who were ineligible to vote in the federal ballot have not been detrimentally affected; and

(c)objections about the possible changes of eligibility rules have been resolved; and

(d)all likely legal challenges, including inquiries under the Commonwealth Registered Organisations Act, in the federal jurisdiction have ended.

(2)If the commission is satisfied of the things mentioned in subsection (1), the commission must give the exemption, unless it considers the exemption should be refused because of special circumstances.

(3)If the commission gives an exemption, the constituent members are taken to have approved the withdrawal.

(4)In this section—

federal ballot means a ballot that has been held under the Commonwealth Registered Organisations Act to decide whether a constituent part of an amalgamated organisation under that Act should withdraw from the organisation.

88   Alternative ballot approval

(1)This section applies to a hearing for a proposed amalgamation or withdrawal if an application for an alternative ballot has been made under section 66.

(2)After consulting with the manager of the ballot, the commission must approve the alternative ballot if satisfied the proposal—

(a)is practicable; and

(b)complies with section 66(3); and

(c)is likely to give members of the existing organisation, or constituent members, with a right to vote—

(i)fuller participation than a ballot under section 95; and

(ii)an adequate opportunity to vote on the amalgamation without intimidation.

89   Notice to manager of ballot

(1)If the commission approves a ballot for a proposed amalgamation or withdrawal, the registrar must promptly—

(a)notify the manager of the ballot; and

(b)give the manager a copy of the ballot documents.

(2)After the manager is notified, the manager must promptly take the action the manager considers necessary to hold the ballot as quickly as possible.

(3)In this section—

ballot documents means—

(a)the scheme, scheme outline and each ‘yes’ case; and

(b)each ‘no’ case; and

(c)each amendment of, or document filed in substitution for, a document mentioned in paragraph (a) or (b).

90   Fixing ballot period

(1)If the commission approves the submission of a proposed amalgamation or withdrawal to a ballot, the commission must—

(a)consult with the manager of the ballot about the matters mentioned in paragraphs (b) and (c); and

(b)fix days and times for the ballot to start and finish; and

(c)fix the roll cut-off day under section 107.

(2)The ballot must start within 28 days of the approval, unless—

(a)the commission is satisfied the manager of the ballot needs more time to arrange the ballot; or

(b)the applicant for the amalgamation or withdrawal ballot requests a later day.

(3)If a scheme for a proposed amalgamation has 1 or more proposed alternative schemes, all ballots for the proposed amalgamation and proposed alternative amalgamations must have the same start and finish days.

(4)The commission may, after consulting with the manager of the ballot, change the start or finish day.

Division 9 Ballots

91   Electoral commission to conduct ballot

A ballot for a proposed amalgamation or withdrawal must be conducted by the electoral commission.

92   Providing information and documents to electoral officers

(1)This section applies if—

(a)the registrar has notified the electoral commission of an application for a ballot for a proposed amalgamation or withdrawal; and

(b)the electoral commission has, by written notice, appointed an electoral officer as manager of the ballot; and

(c)the manager considers the following are reasonably necessary for a ballot that is or may be required because of the application—

(i)information within the knowledge of an officer of an existing organisation, amalgamated organisation or constituent part;

(ii)documents in the officer’s custody or control or to which the officer has access.

(2)The manager may, by written notice, require the officer to—

(a)give the manager information within the officer’s knowledge; and

(b)produce the following to the manager—

(i)documents in the officer’s custody or control; or

(ii)documents to which the officer has access.

(3)The notice must state—

(a)if it requires the officer to give information—

(i)the information required; and

(ii)a period, of at least 7 days, in which the information is to be given; and

(iii)a reasonable way of giving it; and

(b)if it requires the officer to produce documents—

(i)the documents required; and

(ii)a reasonable period, of at least 7 days, in which the documents are to be produced; and

(iii)a reasonable place at which the documents are to be produced.

(4)The officer must not contravene the notice, unless the officer has a reasonable excuse.

Maximum penalty—20 penalty units.

(5)It is a reasonable excuse for the officer not to comply with the notice if doing so might tend to incriminate the officer.

(6)In this section—

officer, of an organisation, includes an employee of the organisation.

93   Action and directions by manager of ballot

A manager of a ballot for a proposed amalgamation or proposed withdrawal may take the action and give the directions the manager reasonably considers necessary to ensure no unlawful disclosure or irregularity happens in the ballot.

94   Manager of ballot must give copy of scheme or outline if asked

(1)This section applies if—

(a)a manager of a ballot for a proposed amalgamation or proposed withdrawal has received a copy of—

(i)the ballot application for the ballot; or

(ii)a scheme or scheme outline for a ballot application; and

(b)a voter asks for a copy of the ballot application, scheme or scheme outline.

(2)The manager must promptly give the voter a copy, free of charge.

95   Members’ secret postal ballot

(1)This section applies to each existing organisation concerned in a proposed amalgamation, and to a constituent part concerned in a proposed withdrawal, if—

(a)the commission has approved a ballot for the amalgamation or withdrawal; and

(b)the commission—

(i)has not approved an alternative ballot for the amalgamation or withdrawal; or

(ii)for a proposed amalgamation—has not given the organisation a ballot exemption under section 85 or 86; or

(iii)for a proposed withdrawal—has not given the constituent part a ballot exemption under section 87.

(2)The manager of the ballot must carry out secret postal ballots of the members who have a right to vote in the ballot on the amalgamation or withdrawal about—

(a)whether the members approve the proposed amalgamation or withdrawal; and

(b)if the scheme for the amalgamation has an alternative scheme—if the proposed amalgamation does not take place, whether the members approve the alternative amalgamation.

(3)If there is an alternative scheme for an amalgamation, the same ballot paper must be used for voting on the proposed amalgamation and proposed alternative amalgamation.

96   Form of ballot paper

A ballot paper must be in the form provided for in the rules made under section 551 of the Act.

97   Notice of ballot

(1)The manager of a ballot for a proposed amalgamation or withdrawal must, before the ballot starts, give each person with a right to vote in the ballot notice of the start and finish days and times of the ballot.

(2)If the commission has approved an alternative ballot under section 88(2), the manager of the ballot must—

(a)fix the place for the ballot; and

(b)give at least 21 days notice to each voter of—

(i)the place, day and times; and

(ii)the procedure to get and cast an absentee vote.

(3)The manager of the ballot may give a notice under this section by—

(a)post addressed to the voter’s residential address; or

(b)including it in a publication the organisation or constituent part gives the organisation’s members with a right to vote in the ballot free of charge; or

(c)another way the manager considers will reasonably bring the notice to each member’s attention.

98   Postal ballots—distributing voting material

(1)A manager of a secret postal ballot must post the following material for the ballot (the voting material) to each voter—

(a)a ballot paper initialled by the manager;

(b)a copy of the scheme outline and any amendments to it;

(c)a copy of each ‘yes’ case and any amendments to it;

(d)a copy of each ‘no’ case and any amendments to it;

(e)an unsealed reply paid envelope (a return envelope) addressed to the manager;

(f)a ballot envelope and voting declaration;

(g)other material the manager considers appropriate for the ballot, including, for example, directions or notes to help the voter to comply with the Act and cast a valid vote;

(h)a statement telling the voter how and where the voter may obtain a copy of the latest version of the scheme.

(2)The voting declaration must state ‘I certify I am the person whose name appears on this envelope and I have voted on the ballot paper enclosed.’.

(3)The voting material must be posted to a voter—

(a)in a sealed envelope addressed to the voter’s address on the roll for the ballot; and

(b)as soon as practicable, but not earlier than 2 days before the start day of the ballot.

(4)If a voter gives the manager notice that the voter will be at an address other than the address stated on the roll when voting material is to be given, the manager must post the material to the address stated in the notice.

(5)Before posting voting material to a voter, the manager must mark a ballot number for each voter on—

(a)the roll against the voter’s name; and

(b)the voting declaration.

(6)The manager must give each voter a different ballot number.

(7)The ballot numbers must start with a number chosen by the manager.

(8)A ballot paper or ballot envelope must not be marked in a way that could identify the voter.

99   Material for alternative ballots

(1)The manager of an alternative ballot must post to each voter at the voter’s address on the roll—

(a)a copy of the latest version of—

(i)the scheme outline for the proposed amalgamation or withdrawal and any amendments to it; and

(ii)each ‘yes’ case for the proposed amalgamation or withdrawal and any amendments to it; and

7   What happens if a nomination is defective

(1)The manager of the election must reject a nomination given to the manager after nominations have closed.

(2)If a nomination for an office is defective, other than because the nominee is not qualified to hold the office or because the nomination was made after the closing time, the manager must—

(a)reject it; and

(b)give the nominee notice of the defect; and

(c)if practicable, give the nominee an opportunity to remedy the defect.

(3)If practicable, the notice must be given before nominations close.

(4)Failure to give the notice does not invalidate the election.

8   When a ballot must be held

If there are more candidates for election to an office than the number to be elected, the manager must conduct a secret postal ballot under part 4.

9   Election without ballot

The manager of the election must declare a candidate elected to an office if—

(a)nominations have closed; and

(b)the candidate does not hold another office; and

(c)the candidate has—

(i)not nominated for a higher office; or

(ii)nominated for a higher office and is not elected to the higher office; and

(d)if the election is for president or secretary—the candidate is the only candidate; and

(e)if the election is for another type of office—the number of candidates for the office is not more than the number of offices of the same type to be elected at the same time.

Part 4    Conducting ballots

Division 1 General

10   Roll—preparation

(1)A roll for a ballot must be prepared at the direction of the manager of the election.

(2)The manager must ensure the roll—

(a)states—

(i)the name of each person who is an eligible member of the organisation in alphabetical order; and

(ii)each eligible member’s address, opposite the member’s name; and

(b)is completed when nominations for the election close.

(3)The organisation must give the manager—

(a)a copy of its members register; and

(b)access to the organisation’s records reasonably necessary for the manager to ensure the roll is accurate.

11   Roll—inspection

(1)The manager of the election must make the roll for the election available for inspection—

(a)in the period that—

(i)starts on the day after the roll must be completed under section 10; and

(ii)ends 30 days after the result of the election is declared; and

(b)at the manager’s office when it is open for business.

(2)A candidate, member or a person authorised by the manager may inspect the roll, free of charge.

(3)If, during the period stated in subsection (1), a candidate or member asks for a copy of the roll or a stated part of the roll, the manager must give the person the copy, free of charge.

12   When someone can claim a right to vote

(1)Despite section 10(2), if an eligible member’s name does not appear on the roll, the member may apply to the manager of the election to have the member’s name included on the roll.

Note—

Under section 984 of the Act, the application must be written.

(2)If the manager is satisfied the applicant is an eligible member, the manager must include the applicant’s name on the roll.

Division 2 Voting material

13   Ballot papers

(1)A ballot paper for the election must—

(a)have a watermark or other distinctive pattern that prevents it being reproduced other than by the manager of the election or a person authorised by the manager; and

(b)be of paper that hides a vote marked on it from view when it is folded once; and

(c)be a different colour from the colour used for ballot papers at the 2 previous elections held for the organisation; and

(d)list the names of each candidate once only for each office the election is for, with the surname first, followed by the candidate’s other names; and

(e)state how the voter may vote; and

(f)state that the voter must fill in and sign the voting declaration or the vote will not be counted; and

(g)state that the voter must return the ballot paper to the manager so it is received on or before the finish day of the ballot.

Note—

See section 39 of this regulation for other requirements for ballot papers.

(2)The order of names on the ballot paper must be decided by lot.

(3)If 2 or more candidates have the same surname and first names, the candidates must be distinguished in an appropriate way.

Example—

The occupation of each candidate may be added to the ballot paper.

14   Distributing voting material

(1)The manager of the election must post the following things (the voting material) to each voter—

(a)a ballot paper initialled by the manager;

(b)a copy of the scheme outline and any amendments to it;

(c)a copy of each ‘yes’ case and any amendments to it;

(d)a copy of each ‘no’ case and any amendments to it;

(e)an unsealed reply paid envelope (a return envelope) addressed to the manager;

(f)a ballot envelope and a voting declaration;

(g)other material the manager considers appropriate for the ballot, including, for example, directions or notes to help the voter comply with these rules and cast a valid vote;

(h)a statement that tells the voter how and where the voter may obtain a copy of the latest version of the scheme.

(2)Voting material must be posted to each voter—

(a)in a sealed envelope addressed to the voter’s address on the roll; and

(b)as soon as practicable, but no earlier than 2 days before the start day for the ballot.

(3)The voting declaration must state ‘I certify I am the person whose name appears on this envelope and I have voted on the ballot paper enclosed.’.

(4)If a voter gives the manager notice that the voter will be at an address other than the address stated on the roll when voting material is to be given, the manager must post the material to the address stated in the notice.

(5)Before posting voting material to a voter, the manager must mark a ballot number for each voter on—

(a)the roll against the voter’s name; and

(b)the declaration form.

(6)The manager must give each voter a different ballot number.

(7)The ballot numbers must start with a number chosen by the manager.

(8)A ballot paper or ballot envelope must not be marked in a way that could identify the voter.

15   Manager must keep a ballot box

The manager must have a ballot box and—

(a)keep the box in a safe place; and

(b)seal the box in a way that—

(i)allows voting material to be put in it until the ballot finishes; and

(ii)prevents voting material from being taken from it until votes for the ballot are to be counted.

16   Duplicate voting material

(1)This section applies if voting material posted to a voter—

(a)has not been received by the voter; or

(b)has been lost or destroyed; or

(c)if the document is a ballot paper—has been spoilt.

(2)The voter may apply to the manager of the election for a duplicate of the voting material.

(3)The application must—

(a)be received by the manager on or before the finish day for the ballot; and

(b)state the grounds for the application; and

(c)if practicable, be substantiated by evidence verifying or tending to verify the grounds; and

(d)state that the voter has not voted at the ballot; and

(e)if the document is a spoilt ballot paper—be accompanied by the ballot paper.

(4)If the application complies with subsection (3), the manager must—

(a)if the document is a spoilt ballot paper—

(i)mark ‘spoilt’ on the paper; and

(ii)initial the paper where marked and keep the paper; and

(iii)give a fresh ballot paper to the voter; or

(b)otherwise—give a duplicate of the document to the voter.

Division 3 Voting

17   How long ballot is open

A ballot must remain open for—

(a)at least 21 days; and

(b)no longer than 49 days.

18   How to vote

A voter may vote only by completing the following steps—

(a)completing a ballot paper by—

(i)writing a tick or cross in the square opposite the name or names of the number of candidates the voter may vote for under section 19; and

(ii)complying with the instructions on the paper about how to vote;

(b)putting the ballot paper in a ballot envelope;

(c)sealing the ballot envelope;

(d)filling in and signing the voting declaration for the ballot paper;

(e)putting the voting declaration and the ballot envelope in the return envelope;

(f)sealing the return envelope;

(g)complying with a direction given under section 14(1)(g);

(h)returning the return envelope to the manager of the election so the envelope is received on or before the finish day for the ballot.

19   How many votes may be cast

A voter may vote for only the following number of candidates on a ballot paper—

(a)for an election for president or secretary—1 candidate;

(b)for an election for another type of office—the number of candidates that is not more than the number of offices of the same type to be elected at the same time.

Division 4 Counting and scrutiny of votes

20   How manager must deal with voting material

(1)The manager of the election must put all voting material returned to the manager in the ballot box until voting has ended.

(2)If, after the finish day for the ballot, the manager receives a return envelope apparently containing a ballot paper for the election, the manager must—

(a)keep the envelope sealed; and

(b)mark the envelope ‘Received by the manager after the finish day for the ballot’; and

(c)keep the envelope in safe custody, but separately from return envelopes received before or on the finish day.

21   Scrutineers—appointment

(1)A candidate may—

(a)act personally as a scrutineer; or

(b)appoint another person (an appointee) as a scrutineer for the candidate.

(2)An appointment must be in writing and signed by the candidate.

(3)A candidate must notify the manager of the election of the name of the candidate’s appointee as soon as possible after the appointee is appointed.

(4)The manager may refuse to allow an appointee to act as a scrutineer if—

(a)the manager asks to inspect the appointment as a scrutineer; and

(b)the appointee does not produce it.

22   Scrutineers’ rights

Subject to section 23, a scrutineer may be present when—

(a)ballot papers or other voting material for a ballot are prepared and given to voters; and

(b)voting material is received and put in safe custody under section 20; and

(c)votes are counted.

23   Scrutineers—numbers attending

(1)Each candidate may have only 1 scrutineer exercising a right under section 22 for each official present where the ballot is being conducted.

(2)In this section—

official means—

(a)if the ballot is being conducted by the electoral commission—an electoral officer; or

(b)otherwise—

(i)the manager of the election; or

(ii)another person appointed by the manager to exercise the manager’s powers for the election.

24   Initial scrutiny of voting material

(1)As soon as possible after the ballot finishes, the manager of the election must—

(a)seal the ballot box in a way that prevents voting material from being put in it; and

(b)take the ballot box to the place where votes are to be counted.

(2)The manager must then—

(a)unseal the ballot box; and

(b)take out the return envelopes; and

(c)open each return envelope and take out the ballot envelope and the voting declaration; and

(d)examine the declaration and mark off the voter’s name on the roll; and

(e)check the ballot number on the declaration against the ballot number marked against the voter’s name on the roll; and

(f)ensure the declaration is signed.

(3)After complying with subsection (2), the manager must put the ballot envelopes in a container and the declarations into another container if satisfied—

(a)each declaration is signed; and

(b)the ballot number on each declaration corresponds with the ballot number marked beside the voter’s name on the roll.

(4)However, the manager must not put a ballot envelope or declaration in the containers mentioned in subsection (3) if—

(a)the manager reasonably believes the voter to whom it was sent did not sign the declaration; or

(b)the person named on the declaration is not the person to whom it was sent.

(5)Subsection (4) does not apply if the manager is satisfied the person who filled in and signed the declaration—

(a)is a voter; and

(b)has not previously voted in the ballot; and

(c)has a reasonable explanation for using someone else’s ballot material.

(6)The manager must keep ballot envelopes and declarations excluded under subsection (4) separate from other ballot envelopes and declarations.

(7)A declaration is valid only if—

(a)it complies with subsection (3)(a) and (b); and

(b)subsection (4) does not apply.

(8)A valid declaration must be accepted as valid, and an invalid declaration must be rejected, by the manager.

(9)If a declaration is accepted as valid by the manager the manager must—

(a)note the acceptance of validity on the declaration; and

(b)record the correct ballot number on the roll against the name of the voter who signed the declaration.

(10)After separating the ballot envelopes and declarations, the manager must, in the following order—

(a)seal the container holding declarations;

(b)open the ballot envelopes not excluded under subsection (4) and take out the ballot papers;

(c)if a ballot envelope contains more than 1 ballot paper for each office the election is for—mark each of the ballot papers from the envelope ‘informal under section 25(2)(e)’;

(d)put all of the ballot papers in the ballot box.

25   Counting votes

(1)To count votes, the manager of the election must—

(a)admit the formal votes and reject the informal votes; and

(b)count the formal votes, and record the number for each candidate; and

(c)count the informal votes.

(2)A vote is informal only if—

(a)the ballot paper is not initialled by the manager under section 26(4)(b) and the manager is not satisfied the paper is authentic; or

(b)the ballot paper is marked in a way that allows the voter to be identified; or

(c)the ballot paper is not marked in a way that makes it clear how the voter meant to vote; or

(d)the ballot paper does not comply with a direction given under section 14(1)(g); or

(e)the ballot envelope from which the ballot paper was taken contained more than 1 ballot paper.

26   Scrutineers’ objections

(1)Before votes are counted, a scrutineer may advise the manager of the election the scrutineer considers an error has been made in conducting the ballot.

(2)When votes are counted, a scrutineer may—

(a)object to a ballot paper being admitted as formal or rejected as informal by the manager of the election; or

(b)advise the manager of the election that the scrutineer considers an error has been made in conducting the ballot or counting votes.

(3)If a scrutineer advises the manager under subsection (1) or (2)(b), the manager must—

(a)decide whether the error has been made; and

(b)if appropriate—direct action be taken to correct or mitigate the error.

(4)If a scrutineer objects under subsection (2)(a), the manager must—

(a)decide whether the ballot paper is to be admitted or rejected; and

(b)note the decision on the ballot paper and initial the note.

27   Direction by manager to leave count

The manager of the election may direct a person to leave the place where votes are being counted if the manager reasonably believes the person—

(a)does not have the right to be present at the count; or

(b)is interrupting the count, other than to exercise a scrutineer’s right.

Division 5 Election result

28   How result is decided

(1)The way of deciding the result of a ballot is by a first-past-the-post system.

(2)If only 1 office of the same type is to be filled in an election, the candidate with the most formal votes is elected.

(3)If more than 1 office of the same type is to be filled, that number of candidates corresponding with the number of offices to be filled who have the most formal votes are elected.

(4)This section is subject to sections 29 and 30.

29   What happens if votes for 2 or more candidates are equal

(1)If the manager of the election can not decide which candidate is elected to an office because the votes cast for 2 or more candidates are equal, the manager must decide which candidate is elected by drawing lots.

(2)A decision under subsection (1) must be made in the presence of a scrutineer who wishes to attend.

30   What happens if multiple nominee elected

If a candidate is elected to an office, other than as a trustee, and the candidate is also elected to a higher office, the manager of the election may only declare the candidate elected to the higher office.

Schedule 3 Requirements for financial policies

section 40 

1   Policy for spending authorisations and delegations

(1)An organisation’s policy for authorisations and delegations relating to the organisation’s spending must—

(a)require an instrument of authorisation or delegation, under which an officer or employee of the organisation is authorised to approve the organisation’s spending, to state the following—

(i)the name of, or office held by, the officer or employee;

(ii)the purposes for which the officer or employee is authorised to approve the organisation’s spending;

(iii)the amount of spending the officer or employee is authorised to approve for each purpose mentioned in subparagraph (ii); and

(b)include procedures for—

(i)how the organisation’s spending is approved; and

(ii)how the approval of the spending is documented; and

(c)for spending that is personally incurred by an officer or employee of the organisation, provide that—

(i)the officer or employee must not authorise the spending; and

(ii)the spending must be authorised by—

(A)another officer or employee of the organisation who holds a senior role in the organisation; or

(B)the organisation’s management committee.

(2)For subsection (1)(c), an officer or employee of an organisation personally incurs the organisation’s spending if the spending—

(a)is incurred using a credit card of the organisation issued to the officer or employee; or

(b)relates to travel undertaken, or accommodation or hospitality used, by the officer or employee; or

(c)relates to a gift given by the officer or employee.

(3)In this section—

authorised, to do a thing, includes delegated the authority to do the thing.

2   Policy for credit cards

An organisation’s policy for the organisation’s credit cards must—

(a)state the following—

(i)the circumstances in which a credit card of the organisation may be issued to an officer or employee of the organisation;

(ii)the purposes for which the organisation’s credit cards may be used;

(iii)the purposes, including spending for personal purposes, for which use of the organisation’s credit cards is prohibited; and

(b)include procedures for reporting the use of a credit card of the organisation for unauthorised or prohibited transactions; and

(c)require the following—

(i)payment of an invoice for a credit card of the organisation to be approved, or jointly approved, by an officer or employee of the organisation other than the officer or employee to whom the credit card is issued;

(ii)credit card usage and payments to be regularly reported to the organisation’s management committee or another committee responsible for the organisation’s financial management;

(iii)a sample of the invoices and payments for 1 or more of the organisation’s credit cards to be periodically audited.

3   Policy for contracting activities

An organisation’s policy for the organisation’s contracting activities must—

(a)require the organisation’s major costs incurred through contracting activities to be reviewed periodically; and

(b)state the circumstances in which a contract for the supply of goods or services is considered by the organisation to be a significant contract; and

(c)require the organisation’s contracting activities with an entity (a supplier) to impose an obligation on the supplier to disclose to the organisation any conflict of interest arising—

(i)during a tender process or negotiations for a contract; or

(ii)when a contract is entered into; or

(iii)while a contract is in force; and

(d)require the organisation to keep a register of conflicts of interest disclosed by suppliers under an obligation mentioned in paragraph (c).

4   Policy about entertainment and hospitality

An organisation’s policy for spending on, and receipt of, entertainment and hospitality must—

(a)state the circumstances in which an officer or employee of the organisation—

(i)may accept entertainment or hospitality from an entity other than the organisation; and

(ii)must refuse entertainment or hospitality from an entity other than the organisation; and

(b)include procedures about reporting and documenting the receipt of entertainment and hospitality.

5   Policy for gifts

An organisation’s policy for gifts must—

(a)state the circumstances in which an officer or employee of the organisation—

(i)may accept a gift from an entity other than the organisation; and

(ii)must refuse a gift from an entity other than the organisation; and

(b)include procedures about reporting and documenting the receipt of gifts.

Schedule 4 Information to be given to members or registrar

section 47

Part 1    Preliminary

1   Information limited to last financial year for which general purpose financial report prepared

(1)Information about a reporting unit that is mentioned in this schedule is limited to the stated information relating to the last financial year for which a report was prepared under section 763 of the Act.

(2)A reference in this schedule to the financial year is a reference to the financial year mentioned in subsection (1).

2   References to prescribed donations, grants and loans

(1)A reference in this schedule to a prescribed donation, a prescribed grant or a prescribed loan is a reference to a donation or a grant made, or a loan given, by a reporting unit—

(a)to a member of the reporting unit; and

(b)certified by a relevant officer that the officer was satisfied the donation, grant or loan was necessary to relieve the member or a dependant of the member from financial or other hardship.

(2)In this section—

relevant officer means an officer of the reporting unit approved under the rules of the reporting unit to authorise donations, grants or loans made or given to a member of the reporting unit.

3   Form of information

Information that must be made available to a member of a reporting unit, or to the registrar, under section 787(1) of the Act—

(a)must be in writing and signed by a designated officer under section 753(1) of the Act; and

(b)must, unless the application states a different way in which the information must be made available—

(i)if the application was made by the registrar—be delivered by hand, or sent by prepaid post, to the registrar; or

(ii)if the application was made by a member of the reporting unit and states an address for the member—be sent by prepaid post to that address; or

(iii)in any other case—be left for collection at the office of the reporting unit.

Part 2    Information to be given

4   Donations and grants

(1)For a donation or grant of more than $1,000 made to the reporting unit during the financial year—

(a)the amount of the donation or grant; and

(b)if the donation or grant was made for a stated purpose—the stated purpose; and

(c)if the donation or grant is not a prescribed donation or prescribed grant—the name and address of the entity to which the donation or grant was made.

(2)For a donation or grant of more than $1,000 made by the reporting unit during the financial year—

(a)the purpose for which the donation or grant was made; and

(b)the amount of the donation or grant; and

(c)if the donation or grant is not a prescribed donation or prescribed grant—the name and address of the entity to which the donation or grant was made.

5   Amounts more than $1,000

(1)This section applies for an amount that—

(a)is more than $1,000; and

(b)is not an amount that must be disclosed in the reporting unit’s general purpose financial report.

(2)For an amount received or paid by the reporting unit during the financial year—

(a)the amount received or paid; and

(b)the name and address of the entity from whom the amount was received or to whom the amount was paid; and

(c)the purpose for which the amount was received or paid by the reporting unit; and

(d)the nature of the transaction; and

(e)if a member of a reporting unit has other information to assist the reporting unit to identify in its financial records the information applied for under section 787(1) of the Act—the other information.

(3)An amount paid by the reporting unit to an officer or employee of the reporting unit, whether as a single transaction or multiple transactions, for reimbursement of out of pocket expenses.

6   Loans

(1)For a loan of more than $1,000 made by the reporting unit during the financial year—

(a)the amount of the loan; and

(b)the purpose for which the loan was required; and

(c)the security given for the loan; and

(d)if the loan is not a prescribed loan—the name and address of the entity to whom the loan was made and the arrangements made for the repayment of the loan.

(2)For a loan of more than $10,000 received by the reporting unit during the financial year—

(a)the name and address of the entity from whom the loan was received; and

(b)the amount of the loan; and

(c)the reason the loan was needed; and

(d)the security given for the loan; and

(e)the arrangements made for the repayment of the loan.

7   Funds other than general funds

For a fund the reporting unit is required by its rules to operate other than a general fund—

(a)the purpose for which the fund was operated; and

(b)the amount in the fund at the beginning of the financial year, if applicable; and

(c)whether money was transferred to the fund from another fund or an account operated by the reporting unit; and

(d)if money mentioned in paragraph (c) was transferred—a description of each fund or account from which money was transferred and the amount transferred from each fund or account; and

(e)the total amount of money, other than money mentioned in paragraphs (c) and (d), paid into the fund; and

(f)the total amount of payments made out of the fund for the purpose mentioned in paragraph (a); and

(g)whether a payment was made out of the fund for a purpose other than the purpose mentioned in paragraph (a); and

(h)if a payment mentioned in paragraph (g) was made—

(i)the amount of the payment and the purpose for which it was made; and

(ii)the date the payment was approved by a member of the management committee or an employee of the organisation; and

(iii)the designation within the reporting unit of the person who approved the payment; and

(i)whether money was transferred from the fund to another fund or an account operated by the reporting unit; and

(j)if money mentioned in paragraph (i) was transferred—

(i)a description of each fund or account to which the money was transferred and the amount transferred to each fund or account; and

(ii)the date the approval of the transfer was given; and

(iii)the designation within the reporting unit of the entity who approved the transfer; and

(k)if the fund is operating on the last day of the financial year—the amount of the balance of the fund or account; and

(l)if the fund stopped operating during the financial year—

(i)the closing balance of the fund; and

(ii)if any part of the fund was invested in assets during the financial year—the amount invested and a description of the assets; and

(m)the amount for payroll deduction facilities provided by the employer of the member by or for whom the application under section 787(1) of the Actwas made.

Schedule 5 Employers declared not to be national system employers

sections 145 to 147

Part 1    Hospital and Health Services

1Cairns and Hinterland

2Central Queensland

3Central West

4Children’s Health Queensland

5Darling Downs

6Gold Coast

7Mackay

8Metro North

9Metro South

10North West

11South West

12Sunshine Coast

13Torres and Cape

14Townsville

15West Moreton

16Wide Bay

Part 2    Local governments

1Aurukun Shire Council

2Balonne Shire Council

3Banana Shire Council

4Barcaldine Regional Council

5Barcoo Shire Council

6Blackall-Tambo Regional Council

7Boulia Shire Council

8Bulloo Shire Council

9Bundaberg Regional Council

10Burdekin Shire Council

11Burke Shire Council

12Cairns Regional Council

13Carpentaria Shire Council

14Cassowary Coast Regional Council

15Central Highlands Regional Council

16Charters Towers Regional Council

17Cherbourg Aboriginal Shire Council

18Cloncurry Shire Council

19Cook Shire Council

20Croydon Shire Council

21Diamantina Shire Council

22Doomadgee Aboriginal Shire Council

23Douglas Shire Council

24Etheridge Shire Council

25Flinders Shire Council

26Fraser Coast Regional Council

27Gladstone Regional Council

28Gold Coast City Council

29Goondiwindi Regional Council

30Gympie Regional Council

31Hinchinbrook Shire Council

32Hope Vale Aboriginal Shire Council

33Ipswich City Council

34Isaac Regional Council

35Kowanyama Aboriginal Shire Council

36Livingstone Shire Council

37Lockhart River Aboriginal Shire Council

38Lockyer Valley Regional Council

39Logan City Council

40Longreach Regional Council

41Mackay Regional Council

42Mapoon Aboriginal Shire Council

43Maranoa Regional Council

44Mareeba Shire Council

45McKinlay Shire Council

46Moreton Bay City Council

47Mornington Shire Council

48Mount Isa City Council

49Murweh Shire Council

50Napranum Aboriginal Shire Council

51Noosa Shire Council

52North Burnett Regional Council

53Northern Peninsula Area Regional Council

54Palm Island Aboriginal Shire Council

55Paroo Shire Council

56Pormpuraaw Aboriginal Shire Council

57Quilpie Shire Council

58Redland City Council

59Richmond Shire Council

60Rockhampton Regional Council

61Scenic Rim Regional Council

62Somerset Regional Council

63South Burnett Regional Council

64Southern Downs Regional Council

65Sunshine Coast Regional Council

66Tablelands Regional Council

67Toowoomba Regional Council

68Torres Shire Council

69Torres Strait Island Regional Council

70Townsville City Council

71Western Downs Regional Council

72Whitsunday Regional Council

73Winton Shire Council

74Woorabinda Aboriginal Shire Council

75Wujal Wujal Aboriginal Shire Council

76Yarrabah Aboriginal Shire Council

Part 3    Other employers

1Gold Coast Waterways Authority established under the Gold Coast Waterways Authority Act 2012

2National Injury Insurance Agency, Queensland established under the National Injury Insurance Scheme (Queensland) Act 2016

3Queensland Curriculum and Assessment Authority established under the Education (Queensland Curriculum and Assessment Authority) Act 2014

4TAFE Queensland established under the TAFE Queensland Act 2013

5Tourism and Events Queensland continued in existence under the Tourism and Events Queensland Act 2012

6Trade and Investment Queensland established under the Trade and Investment Queensland Act 2013

Schedule 6 Dictionary

section 3

alternative ballot see section 66.

amalgamation day means a day fixed under section 135(1) as the amalgamation day for an amalgamation.

authorised officer see section 337(3) of the Act.

ballot exemption see section 63(1).

ballot inquiry see section 120.

constituent member means a member of an amalgamated organisation who is part of the constituent part seeking to withdraw from the organisation.

existing organisation see section 838 of the Act.

formal, for a ballot, means valid.

industrial tribunal, for part 8, see section 15.

informal, for a ballot, means invalid.

interested person, in relation to a decision under chapter 12 of the Act, means a person mentioned in section 894(1) of the Act.

management committee, of a constituent part of an amalgamated organisation, means a management committee elected entirely or substantially by the constituent members.

manager, of an election or ballot, means—

(a)the electoral officer conducting the election or ballot; or

(b)if an exemption has been granted under section 815 of the Act—the returning officer appointed under section 817 of the Act to conduct the election.

‘no’ case see section 69(1) and (3).

president, of an organisation, means—

(a)its president; or

(b)its chief executive; or

(c)another officer, however called, who performs the functions of the organisation’s president or chief executive.

proposed newly registered organisation means the organisation a constituent part will become if a withdrawal takes effect.

representative constituent member, for a withdrawal ballot, see section 62(6).

return envelope see section 98(1)(e).

secretary, of an organisation, means—

(a)the person who holds the office of secretary in the organisation; or

(b)if no-one holds the office of secretary of the organisation—the person authorised by the organisation under its rules to sign documents for the organisation.

voter, in relation to a ballot for part 13, means a person whose name is on the roll of voters for the ballot under section 107.

voting material see section 98(1).

withdrawal day means a day fixed under section 135(2) as the withdrawal day for a withdrawal.

‘yes’ case see section 68(1) and (2).