Fair Work (Registered Organisations) Act 2009

This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.

A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.

A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.

A disclosing officer does not need to disclose an interest under subsection (2) or (3) if:

the interest:

arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or

arises in relation to the officer’s remuneration as an officer of the organisation or branch; or

relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or

is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or

the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.

A disclosure made under subsection (2) or (3) must:

be made as soon as practicable after the interest is acquired; and

provide details of:

the nature and extent of the interest; and

the relation of the interest to the affairs of the organisation or branch; and

be made:

at a meeting of the committee of management (either orally or in writing); or

to the members of the committee of management individually in writing.

An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):

if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or

in any other case—in the minutes of the first meeting of the committee of management after the disclosure is made.

An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).