Leading Age Services Australia NSW-ACT [2016] NSWIC 7

Leading Age Services Australia NSW-ACT [2016] NSWIC 7

Invalidities in the alteration of rule 29 and subsequent management and appointments occurred due to non-compliance with s 242(2) and lack of Registrar's consent under s 245. The acts, appointments, and decisions during the invalid period are validated, but validating the amended rule itself would perpetuate breach of s 242(2), so the rule must be amended for compliance. Orders were made because there would be no substantial injustice to the applicant, its members, creditors, or other stakeholders.

Parties
Applicant: Leading Age Services Australia NSW-ACT
Jurisdiction
Australia
Judgment Date
01 July 2016
Procedural Posture
Application for Determination of Invalidity and Validation Orders for a Registered Organisation / Final Determination and Orders After Hearing
Outcome
Orders made declaring invalidities in rule alteration and management; validation of certain acts, appointments and committee decisions; direction to amend rule 29 to comply with s 242(2).
Legal Topics
Registered Organisations, Rule Changes, Validation of Acts, Invalidity in Management or Administration, Industrial Relations Act 1996 (nsw) S 288, Filling of Casual Vacancies, Election and Appointment in Registered Organisations
Industrial Law Employment Law Registered Organisations Rule Changes Validation of Acts Invalidity in Management or Administration Industrial Relations Act 1996 (nsw) S 288 Filling of Casual Vacancies +1 more

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Parties

Leading Age Services Australia NSW-ACT

Applicant

Procedural Posture

Application for Determination of Invalidity and Validation Orders for a Registered Organisation / Final Determination and Orders After Hearing

Legal Issues

  1. 1 Whether invalidities occurred in the alteration of rules of a registered organisation under s 288(1) of the Industrial Relations Act 1996 (NSW)
  2. 2 Whether invalidities occurred in the management or administration and appointment in the organisation
  3. 3 Whether orders for validation of acts and appointments are appropriate under s 288(3)

Ratio Decidendi

Invalidities in the alteration of rule 29 and subsequent management and appointments occurred due to non-compliance with s 242(2) and lack of Registrar's consent under s 245. The acts, appointments, and decisions during the invalid period are validated, but validating the amended rule itself would perpetuate breach of s 242(2), so the rule must be amended for compliance. Orders were made because there would be no substantial injustice to the applicant, its members, creditors, or other stakeholders.

Court Disposition

Orders made declaring invalidities in rule alteration and management; validation of certain acts, appointments and committee decisions; direction to amend rule 29 to comply with s 242(2).

Orders

  • Declaration of invalidity in alteration of rule 29 and lack of consent from the Industrial Registrar.
  • Declaration of invalidity in management/administration for persons holding office after February 2015.