Jones v Civil Service Association Inc

[2003] WASCA 321

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Industrial Law
2. › Organisations
3. › Office holders
4. › Power of President to make orders continuing persons in office
5. › Whether general power in s 66(2) restricted by specific powers
6. › Words 'without limiting the generality of the foregoing'
7. › Industrial Relations Act 1979 (WA), s 66(2)
1. Industrial Law
2. › Organisations
3. › State branches of Federal organisations
4. › Certificate under s 71
5. › Whether rules of State organisation and counterpart Federal body substantially the same
6. › Whether comparison limited to description of offices or extends to functions and powers
7. › Industrial Relations Act 1979 (WA), s 71
1. Administrative Law
2. › Procedural fairness
3. › Right to be heard
4. › Intervener in statutory tribunal
5. › Refusal of adjournment
6. › Whether denial of right of audience to chosen representative constituted denial of procedural fairness
7. › Industrial Relations Act 1979 (WA), ss 27, 31
1. Practice and Procedure
2. › Commencement of proceedings
3. › Authority to commence
4. › Ratification
5. › Whether proceedings commenced without authority could be ratified by the organisation

Quick Take

The general power in s 66(2) of the Industrial Relations Act 1979 (WA) extends to making orders continuing persons in office where the rules of an organisation have not been observed, and is not restricted by the specific powers enumerated in the paragraphs that follow. Proceedings commenced on behalf of an organisation without authority may be validated by subsequent ratification by the organisation's council.