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Fair Work (Registered Organisations) Regulations 2009
166Information to be given to members (s 272(1) and (2))
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#### 166 Information to be given to members (s 272(1) and (2))
(1) An application under subsection 272(1) of the Act to a reporting unit of an organisation must be:
(a) in writing addressed to the secretary, or any other executive officer, of the organisation; and
(b) delivered by hand at, or sent by prepaid post to, the office of the organisation.
(2) For subsection 272(1) of the Act, the following information about a reporting unit (in relation to the last financial year in respect of which a report was made under subsection 257(1) of the Act) is prescribed information:
(a) for any compulsory levy raised by the reporting unit other than a levy for which the reporting unit has, during the financial year, operated a special fund or account:
(i) the purpose for which the levy was raised; and
(ii) the total amount received by the reporting unit; and
(iii) the total amount expended for that purpose;
(b) for any collection by the reporting unit of voluntary contributions made by the members for the furtherance of a particular purpose, other than voluntary contributions for which the reporting unit has, during the financial year, operated a special fund or account:
(i) the purpose for which the contributions were collected; and
(ii) the total amount received by the reporting unit as voluntary contributions for the furtherance of that purpose; and
(iii) the total amount expended for that purpose;
(c) for any donation or grant exceeding $1 000 made to the reporting unit:
(i) the amount of the donation or grant; and
(ii) if the donation or grant was made for a specified purpose—the purpose so specified;
(d) for any compulsory levy imposed on the reporting unit:
(i) the purpose for which the levy was imposed; and
(ii) the total amount paid by the reporting unit; and
(iii) the name and address of the entity (including another reporting unit of the organisation) imposing the levy;
(e) for any donation or grant exceeding $1 000 made by the reporting unit:
(i) the purpose for which the donation or grant was made; and
(ii) the amount of the donation or grant; and
(iii) if the donation or grant is not a prescribed donation or grant—the name and address of the person to whom the donation or grant was made;
(f) for any amount exceeding $1 000 (that is not an amount that must be disclosed in the general purpose financial report) received or paid by the reporting unit:
(i) the amount received or paid by the reporting unit; and
(ii) the name and address of the person from whom the amount was received or to whom the amount was paid; and
(iii) the purpose for which the amount was received or paid by the reporting unit;
(g) for any amount exceeding $1 000 (that is not an amount that must be disclosed in the general purpose financial report) paid by the reporting unit to an officer or employee of the reporting unit whether a single transaction or multiple transactions for the reimbursement of out of pocket expenses;
(h) for any amount exceeding $1 000 (that is not an amount that must be disclosed in the general purpose financial report) paid by the reporting unit to an officer of the reporting unit whether a single transaction or multiple transactions for the reimbursement of remuneration foregone by the officer in relation to the usual occupation of the officer in the course of performing duties as an officer of the reporting unit;
(i) for any amount exceeding $1 000 (that is not an amount that must be disclosed in the general purpose financial report) paid by the reporting unit on behalf of an officer or employee of the reporting unit whether a single transaction or multiple transactions for goods and services for the personal use of the officer or employee or in discharge of the personal financial obligations of the officer or employee;
(j) the amount paid as remuneration to the holder of any office in the reporting unit;
(k) for any loan exceeding $1 000 made by the reporting unit:
(i) the amount of the loan; and
(ii) the purpose for which the loan was required; and
(iii) the security given for the loan; and
(iv) if the loan is not a prescribed loan—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan;
(l) for any loan exceeding $10 000 received by the reporting unit:
(i) the name and address of the person from whom the loan was received; and
(ii) the amount of the loan; and
(iii) the purpose for which the loan was required; and
(iv) the security given for the loan; and
(v) the arrangements made for the repayment of the loan;
(m) for any contingent liability of the reporting unit at the end of the financial year that has been determined and exceeds 5% of the net value of the assets of the reporting unit at the end of the financial year:
(i) a description of the liability; and
(ii) the amount for which the reporting unit is liable;
(n) for any fund or account operated by the reporting unit in relation to a compulsory levy raised by the reporting unit or in relation to voluntary contributions collected from the members of the reporting unit:
(i) the purpose for which the levy was raised or the voluntary contributions collected; and
(ii) the amount of the balance of the fund or account at the beginning of the financial year (if applicable); and
(iii) if any money was transferred to the fund or account from any other fund or account operated by the reporting unit and, if any money was so transferred, a description of each fund or account from which money was so transferred and the amount transferred from each fund or account; and
(iv) the total amount paid by the members of the reporting unit for the levy or as voluntary contributions; and
(v) the total amount of payments made out of the fund or account in furtherance of the purpose for which the levy was imposed or the voluntary contributions collected; and
(vi) if any payment was made out of the fund or account in furtherance of a purpose other than the purpose for which the levy was imposed or the voluntary contributions collected and, if any payment was so made, the amount of each payment and the purpose for which it was made; and
(vii) if any money was transferred from the fund or account to any other fund or account operated by the reporting unit or by the organisation of which the reporting unit is a part and, if any money was so transferred, a description of each fund or account to which the money was transferred and the amount transferred to each fund or account; and
(viii) in relation to:
(A) each payment whose particulars are given in accordance with subparagraph (vi); and
(B) each transfer whose particulars are given in accordance with subparagraph (vii);
the designation within the reporting unit of the person who approved the payment or transfer and the date when the approval was given; and
(ix) the amount of the balance of the fund or account at the end of the financial year or, for a fund or account that the reporting unit ceased to operate before the end of the financial year, the amount of the closing balance and, if any part of that balance or closing balance has been invested in any assets, the amount so invested and a description of those assets;
(o) for any fund (other than the general fund or a fund mentioned in paragraph (n)) the operation of which is required by the rules of the reporting unit:
(i) the purpose for which the fund was operated; and
(ii) the amount of the balance of the fund at the beginning of the financial year (if applicable); and
(iii) if any money was transferred to the fund from any other fund or any account operated by the reporting unit and, if any money was so transferred, a description of each fund or account from which money was so transferred and the amount transferred from each fund or account; and
(iv) the total amount of moneys, other than money mentioned in subparagraph (iii), paid into the fund; and
(v) the total amount of payments made out of the fund in furtherance of the purpose for which the fund was operated; and
(vi) if any payment was made out of the fund in furtherance of a purpose other than the purpose for which the fund was operated and, if any payment was so made, the amount of each payment and the purpose for which it was made; and
(vii) if any money was transferred from the fund to any other fund or any account operated by the reporting unit and, if any money was so transferred, a description of each fund or account to which the money was transferred and the amount transferred to each fund or account; and
(viii) in relation to:
(A) each payment whose particulars are given in accordance with subparagraph (vi); and
(B) each transfer whose particulars are given in accordance with subparagraph (vii);
the designation within the reporting unit of the person who approved the payment or transfer and the date when the approval was given; and
(ix) the amount of the balance of the fund at the end of the financial year or, for a fund that the reporting unit ceased to operate before the end of the financial year, the amount of the closing balance and, if any part of that balance or closing balance has been invested in any assets, the amount so invested and a description of those assets; and
(x) the amount paid for payroll deduction facilities provided by the employer of the member:
(A) who made an application under subsection 272(1) of the Act; or
(B) on whose behalf the application was made.
(3) In subregulation (2):
(a) a reference to a person includes a reference to any body whether corporate or unincorporate; and
(b) a reference to a prescribed donation or grant or to a prescribed loan is a reference to a donation or grant made, or a loan granted by an reporting unit to a member of the reporting unit on the certification of the officer of the reporting unit authorising the donation or grant, or the loan that the officer was satisfied, from investigations made by the officer, that the donation or grant, or the loan, was necessary to relieve the member or a dependant of the member from severe financial hardship.
(4) For paragraph (2)(f), a member must:
(a) specify the nature of any transaction for which the amount was received or paid; and
(b) provide any other information the member has to assist the reporting unit to identify in its financial records the information applied for under subsection 272(1) of the Act.
(5) Any information that must be made available to a member of a reporting unit, or to the General Manager, under subsection 272(3) of the Act:
(a) must be in writing signed by a designated officer as defined in section 243 of the Act; and
(b) must:
(i) if the application was made by the General Manager—be delivered by hand at, or sent by prepaid post to, the FWC; or
(ii) if the application was made by a member of the reporting unit and specifies 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.