NSWIn ForceAct
Industrial Relations Act 1996
10BCertificate to hold office
Start here
Get a plain-English read of 10B
Turn the raw legal text into a practical explanation grounded in Industrial Relations Act 1996.
#### 10B Certificate to hold office
10B Certificate to hold office
> > (1) The Industrial Registrar may, on application by a removed person, grant the removed person a certificate to hold office in an industrial organisation.
>
> > (2) The Industrial Registrar may grant the certificate if satisfied the removed person is a fit and proper person to hold office in an industrial organisation.
>
> > (3) In deciding whether a person is a fit and proper person to hold office in an industrial organisation, the Industrial Registrar must have regard to the following matters—
> >
> > > (a) the reasons the removed person was removed from office,
> >
> > > (b) whether the removed person has ever been convicted of an offence against a law of the State or the Commonwealth, another State or Territory or a foreign country involving—
> > >
> > > > (i) fraud or dishonesty, or
> > >
> > > > (ii) intentional use of violence against another person, or
> > >
> > > > (iii) intentional damage or destruction of property,
> >
> > > (c) the general character of the removed person,
> >
> > > (d) the fitness of the removed person to be involved in the management of the industrial organisation.
>
> > (4) The Industrial Registrar may also have regard to other matters the Industrial Registrar considers relevant.
>
> > (5) The Industrial Registrar must not grant the certificate—
> >
> > > (a) if the removed person has been disqualified under an administration scheme and the period of the disqualification has not ended, or
> >
> > > (b) at any time the removed person is otherwise not eligible to be a candidate for election, or to be elected or appointed, to an office in an industrial organisation under this Act or another Act of the State or the Commonwealth.