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UNION GOVERNANCE TRAIN THE TRAINER COURSE

UNION GOVERNANCE TRAIN THE TRAINER COURSE. S. 330: Inquiries by the General Manager . S. 331-2: Investigations by the General Manager. S. 333: Members may request investigations of financial reports. S. 335: Powers of investigation. S.336: Action following the investigation.

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UNION GOVERNANCE TRAIN THE TRAINER COURSE

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  1. UNION GOVERNANCE TRAIN THE TRAINER COURSE

  2. S. 330: Inquiries by the General Manager

  3. S. 331-2: Investigations by the General Manager

  4. S. 333: Members may request investigations of financial reports

  5. S. 335: Powers of investigation

  6. S.336: Action following the investigation

  7. S. 336: Action following the investigation

  8. S.337and 337AA: Offences and penalties in relation to investigations

  9. S. 307: Court may order compensation for breach of general duties of financial management

  10. S. 28(1A): Cancellation of registration

  11. Queensland Specific Requirements

  12. Investigations from Registrar Investigations by registrar (Ch 12, Pt 12, Div 5, Sdiv 2) • The Amendment Act stipulates when the registrar must investigate whether an organisation has complied with Part 12 (Accounts and Audit) of the IR Act (section 571): • If the audit report identifies an accounting deficiency or the registrar considers the matter should be investigated; • The registrar reasonably suspects, based on information or knowledge that the organisation has contravened Part 12; • If asked to do so by the chief executive;

  13. Investigations from Registrar • If asked to do so by the required number of members of the organisation; • The registrar has the power to obtain information from current or former auditors, employees or officers of the organisation (section 572). • The registrar also has the power to obtain information from third parties who are not current or former auditors, employees or officers of the organisation (section 572A).

  14. Investigations from Registrar • The registrar must report the results of the investigation to the chief executive. The report must include if the registrar reasonably suspects the organisation, its employee(s) or officer(s) of committing an offence against an Act or law of another State or Commonwealth and make a recommendation whether the matter should be referred to another law enforcement agency (section 574A).

  15. Disclosure of Political Affiliations Political party affiliations must be stated in political advertising (Ch 12, Pt 12A) • Organisations with political party affiliations must state these affiliations on political advertising (section 579A and 579B).

  16. Complaints, investigations and appointment of administrator Complaints, investigations and appointment of administrator (Ch 12, 15A) • The Amendment Act includes new provisions relating to making complaints, conducting investigations and appointing an administrator to an organisation. • A person may make a written complaint to the chief executive about an organisation if the person believes the organisation has ceased to function effectively (section 636A). • Provisions in the amendment act set out the options available to the chief executive when dealing with a written complaint (section 636C). This includes any or all of the following:

  17. Complaints, investigations and appointment of administrator • Require the complainant to give further particulars about the complaint; • Refer the complaint to an industrial inspector for investigation; • If the complaint relates to conduct concerning accounts and audits under chapter 12, Part 12, refer the matter for investigation by the registrar; • If the complaint relates to a possible breach of another State or Commonwealth law, refer the matter for investigation to an interstate law enforcement agency; or • Notify the Minister of the complaint.

  18. Complaints, investigations and appointment of administrator • Organisations will be notified if the chief executive decides to take action by referring the matter for investigation to the industrial inspectorate, the registrar, a law enforcement agency or notifies the Minister (section 636D). In addition, organisations will be invited to make a written representation about the complaint. • The amendment Act also provides the Minister to direct the chief executive to refer a complaint for investigation to an industrial inspector (section 636E). • Industrial inspectors charged with investigating an organisation must provide the chief executive with a written report on the findings of the investigation (section 636K).

  19. Complaints, investigations and appointment of administrator • The investigation report may recommend that an auditor is appointed to examine the financial records of the organisation (section 636L). These audit costs would be borne by the State (section 636N). • The chief executive may appoint an administrator if reasonably satisfied, based on the investigation or audit complaint report that the organisation has ceased to function effectively, and there is no effective means under the rules of the organisation for the organisation to function effectively (section 636O).

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