Electoral Commissioner, in the matter of an election for offices in the Local Government and Shires Association of New South Wales [2016] FCA 327

Electoral Commissioner, in the matter of an election for offices in the Local Government and Shires Association of New South Wales [2016] FCA 327

Due to an error affecting the voter roll and the potential to change the outcome in closely contested ballots for Vice Presidents and Directors, the elections for those positions were invalid. The most appropriate remedy was to declare those elections void and order a new postal ballot for the affected offices, limited to previous candidates still eligible.

Jurisdiction
Australia
Judgment Date
29 March 2016
Procedural Posture
Election Inquiry / Final Judgment and Orders
Outcome
Elections for specified offices declared void; new postal ballot ordered for those offices.
Legal Topics
['election Irregularity' 'registered Organisations' 'industrial Elections' 'postal Ballot']
['industrial Law'] ['election Irregularity' 'registered Organisations' 'industrial Elections' 'postal Ballot']

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Procedural Posture

Election Inquiry / Final Judgment and Orders

Legal Issues

  1. 1 ['Whether an error occurred in the conduct of the election for positions of Vice Presidents and Directors' 'Whether the elections for those positions should be declared void' 'How new elections should be conducted to remedy the irregularity']

Ratio Decidendi

Due to an error affecting the voter roll and the potential to change the outcome in closely contested ballots for Vice Presidents and Directors, the elections for those positions were invalid. The most appropriate remedy was to declare those elections void and order a new postal ballot for the affected offices, limited to previous candidates still eligible.

Court Disposition

Elections for specified offices declared void; new postal ballot ordered for those offices.

Orders

  • ['Declare void the election of the listed persons to the specified offices; each such person is declared not elected.' 'Dispense with requirement to conduct the election at the Annual Conference.' 'Order the General Manager of the Fair Work Commission to coordinate steps for a new postal ballot to fill vacancies,...