Fair Work (Registered Organisations) Act 2009

A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:

on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:

the person was granted leave to hold office in organisations; or

the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or

in any other case—the exclusion period has elapsed.

Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.

If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:

except in a case to which paragraph (b) applies—within the period of 3 months after the date of the application; or

if the Court, on application by the person, has extended the period—within that period as extended;

The Court must not, under paragraph (3)(b), extend a period for the purposes of subsection (3) unless:

the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or

if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.

An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:

a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or

a person has ceased to hold an office in the organisation.

The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.