Fact Sheet No. 13/2003 24 July 2003, Australian Industrial Registry

Registration and Accountability of Organisations Legislation Fact Sheet

Comparative Table - RAO Schedule and Workplace Relations Act 1996 (WR Act)

RAO Schedule

former WR Act equivalent

1

Simplified outline of Chapter

 

5

Objects of Schedule

187A

5A

Schedule binds Crown

6*

6

Definitions

4

6A

References to provisions in this Schedule

 

7

Meaning of industrial action

4*

8

Meaning of industrial dispute

4*

9

Meaning of office

4

10

Forging and uttering

315,317

11

Actions and opinions of AEC

 

12

Membership of organisations

 

13

Functions of the Industrial Registry

63

14

President may establish Organisations Panel

38

15

Disapplication of Part 2.5 of Criminal Code

 

16

Operation of offence provisions

 

Registration

 

17

Simplified outline

 

18

Employer and employee associations may apply

188

19

Criteria for registration of associations other than enterprise associations

189

20

Criteria for registration of enterprise associations

189

21

Prohibited conduct-employers

 

22

Prohibited conduct-organisations

 

23

Powers of Federal Court in relation to prohibited conduct

 

24

Certain actions considered to be done by organisation or employer

 

25

Applicant for registration may change its name or alter its rules

190

26

Registration

191

27

Incorporation

192

Cancellation Of Registration

 

28

Application for cancellation of registration

294

29

Orders where cancellation of registration deferred

295

30

Cancellation of registration on technical grounds etc.

296

31

Cancellation to be recorded

297

32

Consequences of cancellation of registration

298

33

Powers exercisable by Presidential Member

38

Amalgamations

 

34

Simplified outline

 

35

Definitions

234

36

Procedure to be followed for proposed amalgamation etc.

235

37

Exercise of Commission's powers under this Part

38

Federations

 

38

Federations

236

Amalgamations

 

39

Use of resources to support proposed amalgamation

237

40

Scheme for amalgamation

238

41

Alternative scheme for amalgamation

239

42

Approval by committee of management

240

43

Community of interest declaration

241

44

Application for approval for submission of amalgamation to ballot

242

45

Holding office after amalgamation

243

46

Application for exemption from ballot

244

47

Application for ballot not conducted under section 65

245

48

Lodging "yes" case

246

49

Ballots to be conducted by AEC

247

50

Notification of AEC

248

51

Providing information etc. to electoral officials

249 and 318

52

Declaration by secretary etc. of organisation

 

53

Fixing hearing in relation to amalgamation etc.

250

54

Submissions at amalgamation hearings

251

55

Approval for submission to ballot of amalgamation not involving extension of eligibility rules etc.

252

56

Objections in relation to amalgamation involving extension of eligibility rules etc.

253

57

Approval for submission to ballot of amalgamation involving extension of eligibility rules etc.

253A

58

Fixing commencing and closing days of ballot

253B

59

Roll of voters for ballot

253C

60

"Yes" case and "no" case for amalgamation

253D

61

Alteration and amendment of scheme

253E

62

Outline of scheme for amalgamation

253F

63

Exemption from ballot

253G

64

Approval for ballot not conducted under section 65

253H

65

Secret postal ballot of members

253J

66

Determination of approval of amalgamation by members

253K

67

Further ballot if amalgamation not approved

253L

68

Post-ballot report by AEC

 

69

Inquiries into irregularities

253M

70

Approval of amalgamation

253N

71

Expenses of ballot

253P

72

Offences in relation to ballot

 

73

Action to be taken after ballot

253Q

74

Assets and liabilities of de-registered organisation become assets and liabilities of amalgamated organisation

253R

75

Resignation from membership

253S

76

Effect of amalgamation on awards, orders and certified agreements

253T

77

Effect of amalgamation on agreement under section 151

253TA

78

Instruments

253U

79

Pending proceedings

253V

80

Division applies despite laws and agreements prohibiting transfer etc.

253W

81

Amalgamated organisation to take steps necessary to carry out amalgamation

253X

82

Certificates in relation to land and interests in land

253Y

83

Certificates in relation to charges

253Z

84

Certificates in relation to shares etc.

253ZA

85

Certificates in relation to other assets

253ZB

86

Other matters

 

87

Federal Court may resolve difficulties

253ZC

88

Validation of certain acts done in good faith

253ZD

89

Validation of certain acts after 4 years

253ZE

90

Orders affecting application of section 88 or 89

253ZF

91

Federal Court may make orders in relation to consequences of invalidity

253ZG

Withdrawal Of Amalgamations

 

92

Object of Part

253ZH

93

Definitions etc.

253ZI

94

Applications to the Federal Court for ballots

253ZJ

95

Outline of proposed withdrawal

253ZJA

96

Filing the "yes" case

253ZJB

97

Filing the "no" case

253ZJC

98

Provisions relating to outlines and statements of "yes" and "no" cases

253ZJD

99

Notifying of applications for ballots

253ZK

100

Orders for ballots

253ZL

101

Financial members only eligible to vote

 

102

Conduct of ballots

253ZM

103

Providing information etc. to electoral officials

253ZN

104

Declaration by secretary etc. of organisation

 

105

Offences in relation to ballots

 

106

Certificate showing particulars of the ballot

 

107

Post-ballot report by AEC

 

108

Inquiries into irregularities

 

109

Determining the day of withdrawal

253ZP

110

Registration of constituent part

253ZQ

111

Choice of organisation following withdrawal of separately identifiable constituent part

253ZQA

112

Members of amalgamated organisation may join newly registered organisation

253ZR

113

Orders of the Commission, awards etc.

253ZS

114

Effect of withdrawal on agreement under section 151

 

115

Instruments

 

116

Pending proceedings

 

117

Division applies despite laws and agreements prohibiting transfer etc.

253ZU

118

Amalgamated organisation, constituent part and newly registered organisation to take necessary steps

 

119

Certificates in relation to land and interests in land

 

120

Certificates in relation to charges

 

121

Certificates in relation to shares etc.

 

122

Certificates in relation to other assets

 

123

Holding office after withdrawal

 

124

Other matters

253ZT

125

Federal Court may resolve difficulties

253ZV

126

Validation of certain acts done in good faith

 

127

Validation of certain acts after 4 years

 

128

Orders affecting application of section 126 or 127

 

129

Federal Court may make orders in relation to consequences of invalidity

 

130

Certain actions etc. not to constitute breach of rules of amalgamated organisation

253ZW

131

Amalgamated organisation not to penalise members etc.

253ZX

Representation Orders

 

132

Simplified outline

 

133

Orders about representation rights of organisations of employees

118A(1)

134

Preconditions for making of orders

118A(1A) and (1B)

135

Factors to be taken into account by Commission

118A(2)

136

Order may be subject to limits

118A(3)

137

Organisation must comply with order

118A(5) and (6)

138

Exercise of Commission's powers under this Chapter

118A(4)

Rules Of Organisations

 

139

Simplified outline

 

140

Organisations to have rules

194

141

Rules of organisations

195

142

General requirements for rules

196

143

Rules to provide for elections for offices

197

144

Rules to provide for elections for office by secret postal ballot

198

145

Rules to provide for terms of office

199

146

Rules may provide for filling of casual vacancies

200

147

Model rules for conduct of elections

 

148

Model rules about conduct of officers and employees

 

149

Rules to provide conditions for loans, grants and donations by organisations

210

Agreements with State Unions

 

150

Definitions

202(13)

151

Membership agreements

202

152

Assets and liabilities agreements

 

153

Party to s152 agreement may apply to Federal Court for orders

 

154

Termination of section 152 agreement

 

155

Exercise of Commission's powers under this Division

202

Alteration of Rules

 

156

Industrial Registrar may determine alterations of rules

203

157

Commission may determine alteration of rules where there has been a breach of an undertaking

203A

158

Change of name or alteration of eligibility rules of organisation

204

159

Alteration of other rules of organisation

205

160

Certain alterations of rules to be recorded

206

161

Evidence of rules

207

162

Powers of Commission

38

Oppressive rules and compliance with rules

 

163

Rules contravening section 142

208

164

Directions for performance of rules

209

164A

Directions to rectify breach of rule of organisation

209

164B

Orders under sections 164 and 164A

209(6)

Entitlement to Membership

 

165

Simplified outline

 

166

Entitlement to become and to remain a member

261

167

Federal Court may declare on person's entitlement to membership

261(7)

168

Appl'n for membership of org'n by person treated as having been a member

260

169

Request by member for statement of membership

263 and 319

170

Rectification of register of members

266

171

Federal Court may order that persons cease to be members of organisations

262

172

Non-financial members to be removed from the register

 

173

No entrance fee if person re-joins within 6 months

 

174

Resignation from membership

264

175

False representation as to membership of organisation

337

176

False representation about resignation from organisation

 

177

Disputes between organisations and members

290

178

Recovery of arrears

264A

179

Liability for arrears

265

180

Conscientious objection to membership of organisations

267

Elections In Organisations

 

181

Simplified outline

 

182

Conduct by AEC

210

183

Application for organisation or branch to conduct its elections for office

211

184

Objections to application to conduct elections for office

212

185

Threats etc. in relation to section 184 objections

 

186

Registrar may permit organisation or branch to conduct its elections for office

213

187

Organisation may ask AEC to conduct elections for positions other than offices

 

188

Declaration envelopes etc. to be used for postal ballots

 

189

Registrar to arrange for conduct of elections

214 and 310

190

Organisation or branch must not assist one candidate over another

 

191

Organisation to provide returning officer with copy of register

317

192

Declaration by secretary etc. of organisation

 

193

Provisions applicable to elections conducted by AEC

215

194

Hindering or obstructing electoral official or other person

313

195

Improper interference with election process

317

196

Death of candidate

216

197

Post-election report by AEC

 

198

Organisation to respond to adverse report on rules

 

199

Ballot papers etc. to be preserved

217 and 314

Inquiries into Elections

 

200

Application for inquiry

218

201

Instituting of inquiry

219

202

Federal Court may authorise Industrial Registrar to take certain action

220 and 316

203

Designated Registry officials must have identity cards

 

204

Interim orders

221

205

Procedure at hearing

222

206

Action by Federal Court

223

207

Industrial Registrar to make arrangements for conduct of elections etc.

224

208

Enforcement of orders

225

209

Validity of certain acts etc. where election declared void

226

Disqualification From Office

 

210

Simplified outline

 

211

Simplified outline of Division

 

212

Meaning of prescribed offence

227

213

Meaning of convicted of a prescribed offence

227

214

Certificate of registrar etc. is evidence of facts

227

215

Certain persons disqualified from holding office in organisations

228

216

Appl'n for leave to hold office in organisations by prospective candidate for office

229

217

Application for leave to hold office in organisations by office holder

230

218

Federal Court to have regard to certain matters

231

219

Action by Federal Court

232

220

Part not to affect spent convictions scheme

 

Records To Be Kept And Lodged By Organisations

 

229

Simplified outline

 

230

Records to be kept and lodged by organisations

268(1)

231

Certain records to be held for 7 years

272(4) part

232

Offence to interfere with register or copy

321

233

Obligation to lodge information in Industrial Registry

268(3) and 321

234

Storage of records

268(5)-(9) and 321

235

Registrar may authorise access to certain records

268(10) and (11) and 321

236

Registrar may direct organisation to deliver copy of records

268(12) and 321

237

Organisations to notify particulars of loans, grants and donations

269 and 322

Accounts And Audit

 

238

Simplified outline

 

239

Part only applies to financial years starting after registration

 

240

Financial years-change in financial year

270(1)

241

Exemptions from certain Australian Accounting Standards

 

242

What is a reporting unit?

271 and 281

243

Designated officers

 

244

Members, staff and journals etc. of reporting units

 

245

Determination of reporting units

 

246

Determination of reporting units-application by organisation

 

247

Determination of reporting units-Industrial Registrar initiative

 

248

Determination of reporting units-years certificate applies to

 

249

Determination of reporting units-revocation of certificates

 

250

Determination of reporting units-rule alterations

 

251

Determination of reporting units-later certificate revokes earlier certificate

 

252

Reporting unit to keep proper financial records

272 and 323

253

Reporting unit to prepare general purpose financial report

273 (r107) and 323

254

Reporting unit to prepare operating report

 

255

Reporting guidelines

 

256

Auditors of reporting units

275 and 324

257

Powers and duties of auditors

276 and 325

258

Obstruction etc. of auditors

326

259

Reporting unit to forward notices etc. to auditor

282

260

Auditor entitled to attend meetings at which report presented

283

261

Auditors and other persons to enjoy qualified privilege in certain circumstances

284

262

Fees and expenses of auditors

277

263

Removal of auditor

278

264

Resignation of auditor

 

265

Copies of full report or concise report to be provided to members

279 and 327

266

Full report to be presented to meetings

279 and 327

267

Comments by committee members not to be false or misleading

327

268

Reports etc. to be lodged in Industrial Registry

280, 328, 330

269

Reporting units with substantial common membership with State registered bodies

 

270

Organisations with income of less than certain amount

285 and 330

271

Exemption from this Part of certain reporting units

271A

272

Information to be provided to members or Registrar

274

273

Order for inspection of financial records

 

274

Frivolous or vexatious applications

 

275

Ancillary orders

 

276

Disclosure of information acquired in inspection

 

277

Reporting unit or committee of management may allow member to inspect books

 

278

Commission to be advised of breaches of Part or rules etc. found during inspection

 

279

Constitution of Commission

 

280

Right of access to organisation's books

 

Conduct Of Officers And Employees Of Organisations

 

281

Simplified outline

 

282

Simplified outline

 

283

Part only applies in relation to financial management

 

284

Meaning of involved

 

285

Care and diligence-civil obligation only

 

286

Good faith-civil obligations

 

287

Use of position-civil obligations

 

288

Use of information-civil obligations

 

289

Effect of ratification by members

 

290

Compliance with statutory duties

 

291

Interaction of sections 285 to 289 with other laws etc.

 

292

Reliance on information or advice provided by others

 

293

Responsibility for actions of other person

 

Civil Penalties

 

304

Simplified outline

 

305

Civil penalty provisions

 

306

Pecuniary penalty orders that the Federal Court may make

 

307

Compensation orders

 

308

Other orders

 

309

Effect of section 307

 

310

Who may apply for an order

 

311

Civil proceedings after criminal proceedings

 

312

Criminal proceedings during civil proceedings

 

313

Criminal proceedings after civil proceedings

 

314

Evidence given in proceedings for penalty not admissible in criminal proceedings

 

315

Relief from liability for contravention of civil penalty provision

 

316

Power to grant relief

 

Validating Provisions

 

317

Simplified outline

 

318

Definition

254

319

Validation of certain acts done in good faith

255

320

Validation of certain acts after 4 years

256

321

Order affecting application of section 319 or 320

257

322

Federal Court may make orders in relation to consequences of invalidity

258

323

Federal Court may order reconstitution of branch etc.

259

Financial Assistance for certain litigants

 

324

Authorisation of financial assistance

342

325

Federal Court may certify that application was reasonable

343

326

Applications under sections 163, 164, 164A and 167

344

327

Fees for 2 counsel not normally to be paid

345

328

Powers of Federal Court not affected

346

Costs

 

329

Costs only where proceeding instituted vexatiously etc.

347

Inquiries and Investigations by Registrar

 

330

Registrar or staff may make inquiries

 

331

Registrar may conduct investigations

280A

332

Investigations arising from auditor's report

280

333

Investigations arising from request from members

280

334

Investigations arising from referral under section 278

280A

335

Conduct of investigations

280B

336

Action following an investigation

280B

337

Offences in relation to investigation by Registrar

329

Federal Court Jurisdiction

 

338

Jurisdiction of Federal Court

412

339

Exclusive jurisdiction

414

340

Exercise of Court's original jurisdiction

415

341

Reference of proceedings to Full Court

416

342

Appeal to the Court from certain judgments

421

Miscellaneous

 

343

Delegation by Minister

348

344

Conduct by officers, directors, employees or agents

349

345

Right to participate in ballots

287

346

Requests by members for information concerning elections and certain ballots

288 and 332

347

Providing copy of rules or list of offices etc. on request by member

289 and 333

348

Certificate as to membership of organisation

291

349

List of officers to be evidence

292

350

Unauthorised collection of money

340

351

No imprisonment in default

350

352

Jurisdiction of courts limited as to area

351

353

Public sector employer to act through employing authority

352

354

Proceedings by and against unincorporated clubs

353

355

Inspection of documents etc.

354

356

Trade secrets etc. tendered as evidence

355

357

Application of penalty

356

358

Enforcement of penalties etc.

357

359

Regulations

359

360

Complementary registration systems

293

361

Definitions

Sch 4, Part 1

362

Branch funds

Sch 4, Part 2

363

Obligations of Commission in relation to application under section 158

Sch 4, Part 2(3)

364

Branch autonomy

Sch 4, Part 2(4)

365

Organisation may participate in State systems

Sch 4, Part 2(5)

366

Organisation and associated body may amalgamate

Sch 4, Part 3

367

Procedure for amalgamation

Sch 4, Part 3(7)

368

Exercise of Commission's powers under this Part

38

* while varied provision included in RAO Schedule, original provision remains in body of WR Act

Comparative Table - Workplace Relations Act 1996 (WR Act) and RAO Schedule

WR Act

Title

RAO

RAO Reg

4

Definitions

6

 

4

"Office"

9

 

38

Vice President's Panel

14, 33, 37, 138, 155, 162, 279, 368

 

63

Functions of Industrial Registry

13

32

118A

Representation Orders

132-138

 

187A

Objects of Part

5

 

Registration

 

 

188

Associations capable of registration

18

21-25

Form 64A obj'n

189

Criteria for registration

19 and 20

 

190

Applicant for registration may change its name or alter rules

25

27-28

191

Registration

26

29-31 and 32

192

Incorporation

27

 

Rules Of Organisations

 

 

194

Organisations to have rules

140

 

195

Rules of organisations

141

 

196

General requirements of rules

142

 

197

Rules to provide for elections for offices

143

 

198

Rules to provide for elections for office to be by secret postal ballot

144

115-116

199

Rules to provide for terms of office

145

 

200

Rules may provide for casual vacancies

146

 

201

Rules to provide for conditions for loans, grants and donations

149

 

202

Agreement between organisation and State union

150-155

117-118

Forms 5 & 6

203

IR may determine alterations of rules

156

119

203A

Commission may determine alterations of rules

157

120

204

Change of name or alteration of eligibility rules

158

121-125

Form R66 & R67

205

Alteration of other rules

159

126

206

Certain alterations of rules to be recorded

160

 

207

Evidence of rules

161

 

207A-207C

Application of Division to Christmas Island

 

 

208

Rules contravening s196

163

127

209

Directions for performance of rules

164, 164A, 164B

 

Elections In Organisations

 

 

210

Conduct by AEC

182

131

211

Application for org or branch to conduct its elections

183

133-134

212

Objections to application to conduct elections

184

135-136

213

Registrar may permit org to conduct its elections

186

137

214

Registrar to arrange for conduct of elections

189

138

215

Provisions applicable to elections conducted by AEC

193

132, 139 & 140

216

Death of candidate

196

 

217

Ballot papers etc to be preserved

199

 

218

Application for inquiry

200

143

219

Instituting of inquiry

201

 

220

Court may authorise IR to take action

202

 

221

Interim orders

204

 

222

Procedure at hearing

205

 

223

Action by Court

206

 

224

IR to make arrangements for conduct of elections

207

 

225

Enforcement of orders

208

 

226

Validity of certain acts

209

 

Validating Provisions

 

 

227

Interpretation

210 -214

 

228

Certain persons disqualified from holding office

215

 

229

Application for leave to hold office by prospective candidate

216

 

230

Application for leave to hold office by office holder

217

 

231

Federal court to have regard to certain matters

218

 

232

Action by Federal Court

219

 

Amalgamation And Withdrawal

 

 

234 - 253ZG

Amalgamation

35 - 91

37 -79; Forms R65E-R65H

253ZH - 253ZU

Withdrawal from amalgamation

92 - 131

80 - 114

Validating Provisions

 

 

254-259

Validating provisions for organisations

318-323

 

Membership

 

 

260

application for membership of org by person treated as having been a member

168

 

261

Entitlement to become and remain a member

166

 

261(7) - (12)

Federal Court may declare on person's entitlement to membership

167

 

262

Federal Court may order that persons cease to be members of organisations

171

 

263

Request by member for statement of membership

169

 

264

Resignation from membership

174

 

264A

Recovery of arrears

178

 

265

Liability of arrears

179

 

266

Rectification of register of members

170

 

267

Conscientious objection to membership of organisations

180

128-130, Form 7

RECORDS TO BE KEPT and LODGED

 

 

268(1)

Records to be kept and lodged by organisations

230

147

268(3) & (4)

Obligation to lodge information in Registry

233

149-151

268(5)-(9)

Storage of records

234

 

268(10)

Registrar may authorise access to records

235

 

268(12)

Registrar may direct organisation to deliver copy of records

236

150

269

Loans, grants and donations

237

 

Financial Reporting

 

 

270-285

Accounts and audit

238-293

152-167

Miscellaneous

 

 

287

Right to participate in certain ballots

345

 

288 and 332

Requests by members for information concerning elections and certain ballots

346

 

289 and 333

Providing copy of rules

347

 

290

Disputes between orgs and members

177

 

291

Certificate as to membership

348

 

291A

Certificate as to requested representation or invitation

s170LKA

(WR)

 

292

List of officers to be evidence

349

 

293

Schedule 4 - Complementary registration systems

360-368

 

Cancellation

 

 

294 - 298

Cancellation of registration

28 -32

33-36; Forms R65A-R65D

Offences

 

 

310

Failure to lodge election information

189

 

313

Refusal or failure to comply with direction in election

194

 

314

Failure to preserve ballot papers

199

 

315

Offences in relation to election

10

 

316

Obstructing Registrar in election inquiry

202

 

317

Offences in relation to ballot

191 and 195

 

318

Failure to comply with requirement in amalgamation

51

 

319

Failure to give statement as to membership of organisation

169

 

321

Offences in relation to records of organisations

232-236

 

322

Offences re particulars of loans, grants and donations

237

 

323

Offences re keeping and preparing accounts

253 and 254

 

324

Offences re appointment of auditors

256

 

325

Offences re auditor's report

257

 

326

Obstruction of auditors

258

 

327

Offences re accounts, reports

265 and 266

 

328

Failure to lodge accounts

268

 

329

Offences re investigation by Registrar

337

 

330

Offences re lodging accounts

268

 

331

Offences re accounts of low income

270

 

332

Failure by Returning Officer to provide information

346

 

333

Failure to provide copy of rules

347

 

337

False representation as to membership

175

 

340

Unauthorised collection of money

350

 

Financial Assistance

 

 

342-346

Financial assistance for certain litigants

324-328

 

347

Costs

329

 

This material has been prepared by the Australian Industrial Registry as a general guide to the Workplace Relations (Registration and Accountability of Organisations) legislation. This material should not be treated as advice on the circumstances of any particular case. This material does not have any legal status; the relevant law is set out in Schedule 1 to the Workplace Relations Act 1996 (the RAO Schedule), the RAO Schedule Regulations and the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002.

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