McDonald, in the matter of an application for an inquiry relation to an election for office in the Construction Forestry Mining Energy Workers Union [1996] IRCA 322

McDonald, in the matter of an application for an inquiry relation to an election for office in the Construction Forestry Mining Energy Workers Union [1996] IRCA 322

A conviction under s338A(a) of the Criminal Code Act 1913 (WA) is not a 'prescribed offence' involving fraud or dishonesty under s227(1) of the Industrial Relations Act 1988; therefore McDonald remains eligible for office.

Parties
Applicant: Joseph McDonald; Organisation: Construction Forestry Mining Energy Workers Union
Jurisdiction
Australia
Judgment Date
25 July 1996
Procedural Posture
Application for Declaration / First Instance Judgment
Outcome
Declaration granted in favour of the applicant
Legal Topics
Eligibility for Office in Industrial Organisation, Prescribed Offence Under Industrial Relations Act 1988
Industrial Law Eligibility for Office in Industrial Organisation Prescribed Offence Under Industrial Relations Act 1988

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Parties

Joseph McDonald

Applicant

Construction Forestry Mining Energy Workers Union

Organisation

Procedural Posture

Application for Declaration / First Instance Judgment

Legal Issues

  1. 1 Whether the applicant's conviction under s338A(a) Criminal Code Act 1913 (WA) is a 'prescribed offence' under s227(1) of the Industrial Relations Act 1988
  2. 2 Whether the applicant is thereby disentitled from remaining in or being a candidate for office in the organisation

Ratio Decidendi

A conviction under s338A(a) of the Criminal Code Act 1913 (WA) is not a 'prescribed offence' involving fraud or dishonesty under s227(1) of the Industrial Relations Act 1988; therefore McDonald remains eligible for office.

Court Disposition

Declaration granted in favour of the applicant

Orders

  • Joseph McDonald is not, as a result of the conviction recorded on 28 March 1996, and because of the operation of ss228, 229 or 230 of the Industrial Relations Act 1988, a person who is not eligible to be a candidate for election or to be elected or appointed to an office in an organisation or a person who has or...