NSWIn ForceAct
Industrial Relations Act 1996
274Application for leave to hold office in organisations by prospective candidate for office
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#### 274 Application for leave to hold office in organisations by prospective candidate for office
274 Application for leave to hold office in organisations by prospective candidate for office
> > (1) A person who—
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> > > (a) wants to be a candidate for election to an office in a State organisation, and
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> > > (b) has been, within the immediately preceding period of 5 years, convicted of a serious offence or released from prison after serving a term of imprisonment in relation to a conviction for a serious offence,
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> > may, subject to subsection (4), apply to the Commission for leave to hold office in organisations.
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> > (2) If a person makes an application under this section, the Commission may—
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> > > (a) grant the person leave to hold office in organisations, or
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> > > (b) refuse the person leave to hold office in organisations and specify, for the purposes of section 273 (1), a period of less than 5 years, or
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> > > (c) refuse a person leave to hold office in organisations.
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> > (3) A person who—
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> > > (a) holds an office in a State organisation, and
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> > > (b) is convicted of a serious offence, and
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> > > (c) on an application made under this section in relation to the conviction for the serious offence, is, under subsection (2), refused leave to hold office in organisations,
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> > ceases to hold the office in the organisation.
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> > (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a serious offence if the person has previously made an application under this section or under section 275 in relation to the conviction.
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> **s 274:** Am 2016 No 48, Sch 1 \[73\]; 2023 No 41, Sch 1.2\[68\].