Industrial Relations Regulation 2018
sec.128Orders if irregularity found
Start here
Get a plain-English read of sec.128
Turn the raw legal text into a practical explanation grounded in Industrial Relations Regulation 2018.
sec.128 Orders if irregularity found
This section applies if the commission finds an irregularity has happened, or is likely to happen, in a ballot. The commission may make an order— for a fresh ballot or the repeat of a step in the ballot; or amending the rules of an organisation or constituent part 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 ballot, fresh ballot or repeat step. Also, if the commission finds the ballot result may have been, or may be, affected by the irregularity or another irregularity, the commission may, by order, declare the ballot, or a step taken in or for it, to be void. The commission may make any other order that is consequential to an order under this section. (sec.128-ssec.1) This section applies if the commission finds an irregularity has happened, or is likely to happen, in a ballot. (sec.128-ssec.2) The commission may make an order— for a fresh ballot or the repeat of a step in the ballot; or amending the rules of an organisation or constituent part 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 ballot, fresh ballot or repeat step. (sec.128-ssec.3) Also, if the commission finds the ballot result may have been, or may be, affected by the irregularity or another irregularity, the commission may, by order, declare the ballot, or a step taken in or for it, to be void. (sec.128-ssec.4) The commission may make any other order that is consequential to an order under this section.
- (a) for a fresh ballot or the repeat of a step in the ballot; or
- (b) amending the rules of an organisation or constituent part 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 ballot, fresh ballot or repeat step.