Union Initiated Prosecutions

What is the prosecution that can be commenced?

Registered organisations have the power to initiate prosecutions where a member or members are concerned in the matter to which the proceedings relate. Registered organisations can only bring proceedings if they have consulted with the relevant regulator regarding the registered organisation’s intention to bring the prosecution, and the regulator has declined to bring the prosecution itself.

The Industrial Court can also direct a portion of the fine or other penalty imposed to be paid to the registered organisation who brought the proceedings.

Can I make such an application?

Registered organisations can only initiate prosecutions where:

1. A member or members are concerned in the matter to which a prosecution relates;
2. They have consulted with the relevant regulator regarding their intention to bring the prosecution; and
3. The regulator has declined to bring the prosecution itself.

What is the procedure that the Court will adopt to deal with such applications?

The Court will deal with applications for a portion of a fine or other penalty to be paid to a registered organisation in the same manner as it deals with such applications from regulatory authorities.