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Workplace Relations (Registered Organisations) Bill 2001

Part 5 Access to organisation’s books

   

282   Right of access to organisation’s books

Right while officer

             (1)  An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:

                     (a)  to which the officer is a party; or

                     (b)  that the officer proposes in good faith to bring; or

                     (c)  that the officer has reason to believe will be brought against him or her;

where the officer reasonably believes that the books contain information that is relevant to the proceedings.

Right during 7 years after ceasing to be officer

             (2)  A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:

                     (a)  to which the person is a party; or

                     (b)  that the person proposes in good faith to bring; or

                     (c)  that the person has reason to believe will be brought against him or her;

where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.

Right to take copies

             (3)  A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.

             (4)  Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.

Organisation or branch not to refuse access

             (5)  An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.

Meaning of books

             (6)  In this section:

books includes:

                     (a)  a register; and

                     (b)  any other record of information; and

                     (c)  financial reports or financial records, however compiled, recorded or stored; and

                     (d)  a document.



 

Chapter 9 Civil penalties