Industrial Relations Act 2016

This section applies if the commission finds an irregularity has happened, or is likely to happen, in an election.

The commission may make an order—

for a fresh election or the repeat of a step in the election, including, for example, calling for and submitting nominations; or

amending the election rules of the relevant organisation or branch of the organisation in a way it considers necessary to correct a procedural defect in the rules; or

directing safeguards it considers appropriate to stop irregularities in the election, fresh election or repeat step; or

appointing a returning officer to act with any returning officer appointed under the rules; or

providing for the powers of a returning officer appointed under paragraph (d).

Also, the commission may, by order, if it finds the election result may have been, or may be, affected by the irregularity or a similar irregularity, declare—

the election, or a step taken in or for it, to be void; or

a person apparently elected in the election not to have been elected; or

a person to have been elected at the election instead of a person declared not to have been elected.

The commission may make any other order that is consequential to an order under this section.