290BCommission may order reconstitution of organisation or branch etc

290B Commission may order reconstitution of organisation or branch etc

290B Commission may order reconstitution of organisation or branch etc

(1) Declaration by Commission of dysfunction, misconduct or vacancy in offices The Minister, a State organisation or any other person having a sufficient interest in relation to an organisation may apply to the Commission for any of the following declarations—

(a) a declaration that the organisation or a part of the organisation, including—

(i) a branch or part of a branch of the organisation, or

(ii) a collective body of the organisation or a branch of the organisation,

has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively,

(b) a declaration that a collective body of the organisation or one or more officers of the organisation are alleged to have engaged, or have engaged, in gross misconduct in relation to the carrying out of their functions or in relation to the organisation,

(c) a declaration that an office or position in the organisation or a branch of the organisation is vacant and there is no effective means under the rules of the organisation or branch to fill the office or position.

(2) Without limiting subsection (1), gross misconduct includes any conduct that may constitute a serious offence within the meaning of Division 6 of this Part.

(3) Interim appointment of administrator If an application is made under this section, the Commission may, by order made no later than 3 months after the commencement of this section, appoint an administrator for the organisation the subject of the application if it is of the opinion that—

(a) it is likely that the basis for a declaration under this section will be established by the application, and

(b) it is in the interests of members of the organisation or in the interests of justice that an administrator be appointed pending the determination of the application.

(4) If the Commission fails to make an order under subsection (3) in relation to the appointment of an administrator for the organisation within 28 days of an application for a declaration under subsection (1), the Minister may exercise the functions of the Commission under this section with respect to the appointment of an administrator if the Minister is of the opinion that—