NSWIn ForceAct
Industrial Relations Act 1996
285Validation of certain acts done in good faith
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#### 285 Validation of certain acts done in good faith
285 Validation of certain acts done in good faith
> > (1) Subject to this section and section 287, all acts done in good faith by a collective body of an organisation, or by persons purporting to act as such a collective body, are valid despite any invalidity that may later be discovered in—
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> > > (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body, or
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> > > (b) the making, alteration or rescission of a rule of the organisation.
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> > (2) Subject to this section and section 287, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation are valid despite any invalidity that may later be discovered in—
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> > > (a) the election or appointment of the person, or
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> > > (b) the making, alteration or rescission of a rule of the organisation.
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> > (3) For the purposes of this section, a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position.
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> > (4) For the purposes of this section—
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> > > (a) an act is to be treated as done in good faith until the contrary is proved, and
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> > > (b) a person who has purported to be a member of a collective body of an organisation is to be treated as having done so in good faith until the contrary is proved, and
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> > > (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists, and
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> > > (d) an invalidity in any election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.
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> > (5) This section applies—
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> > > (a) to an act whenever done (including an act done before the commencement of this section), and
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> > > (b) to an act done in relation to an association before it became an organisation.
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> > (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.
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> > (7) Nothing in this section affects the operation of the provisions of this Part relating to inquiries into elections.