Fair Work (Registered Organisations) Act 2009

The FWC may, on application in writing by a removed person, grant the removed person a certificate to hold office.

The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.

In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:

the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);

whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:

fraud or dishonesty; or

intentional use of violence against another person; or

intentional damage or destruction of property;

the general character of the removed person;

the fitness of the removed person to be involved in the management of organisations.

The FWC may also have regard to any other matters the FWC considers relevant.

The FWC must not grant the certificate:

if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or

at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).