QLDIn ForceAct
Industrial Relations Act 2016
sec.696Orders if irregularity found
Start here
Get a plain-English read of sec.696
Turn the raw legal text into a practical explanation grounded in Industrial Relations Act 2016.
### sec.696 Orders if irregularity found
This section applies if the commission finds an irregularity has happened, or is likely to happen, in an election.
The commission may make an order—
for a fresh election or the repeat of a step in the election, including, for example, calling for and submitting nominations; or
amending the election rules of the relevant organisation or branch of the organisation in a way it considers necessary to correct a procedural defect in the rules; or
directing safeguards it considers appropriate to stop irregularities in the election, fresh election or repeat step; or
appointing a returning officer to act with any returning officer appointed under the rules; or
providing for the powers of a returning officer appointed under paragraph (d) .
Also, the commission may, by order, if it finds the election result may have been, or may be, affected by the irregularity or a similar irregularity, declare—
the election, or a step taken in or for it, to be void; or
a person apparently elected in the election not to have been elected; or
a person to have been elected at the election instead of a person declared not to have been elected.
The commission may make any other order that is consequential to an order under this section.
(sec.696-ssec.1) This section applies if the commission finds an irregularity has happened, or is likely to happen, in an election.
(sec.696-ssec.2) The commission may make an order— for a fresh election or the repeat of a step in the election, including, for example, calling for and submitting nominations; or amending the election rules of the relevant organisation or branch of the organisation in a way it considers necessary to correct a procedural defect in the rules; or directing safeguards it considers appropriate to stop irregularities in the election, fresh election or repeat step; or appointing a returning officer to act with any returning officer appointed under the rules; or providing for the powers of a returning officer appointed under paragraph (d) .
(sec.696-ssec.3) Also, the commission may, by order, if it finds the election result may have been, or may be, affected by the irregularity or a similar irregularity, declare— the election, or a step taken in or for it, to be void; or a person apparently elected in the election not to have been elected; or a person to have been elected at the election instead of a person declared not to have been elected.
(sec.696-ssec.4) The commission may make any other order that is consequential to an order under this section.
- (a) for a fresh election or the repeat of a step in the election, including, for example, calling for and submitting nominations; or
- (b) amending the election rules of the relevant organisation or branch of the organisation in a way it considers necessary to correct a procedural defect in the rules; or
- (c) directing safeguards it considers appropriate to stop irregularities in the election, fresh election or repeat step; or
- (d) appointing a returning officer to act with any returning officer appointed under the rules; or
- (e) providing for the powers of a returning officer appointed under paragraph (d) .
- (a) the election, or a step taken in or for it, to be void; or
- (b) a person apparently elected in the election not to have been elected; or
- (c) a person to have been elected at the election instead of a person declared not to have been elected.