Marise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | Hansard source

The court has to be satisfied that the ground for cancellation has been made out. The Registered Organisations Commissioner bears the onus of proving that the relevant conduct occurred, whether that includes court findings and/or contraventions of the relevant laws. The court then has to determine whether cancellation would be unjust. That is broadly consistent with the test the court is currently required to apply to a cancellation application under the registered organisations act in section 28(3). In deciding whether it would be unjust to cancel an organisation's registration, the court has to consider a number of factors: the best interests of the organisation's members; the nature of the conduct that constitutes a cancellation ground; whether other action has been taken to address the conduct; and, broadly, any other relevant matters, as you would expect. The court has a broad discretion and can give regard to any other matters it considers relevant, which equips the court to fully consider any reasons why it would be unjust to cancel or disqualify. It's a very broad discretion. Under the government's amendments, the court can't make an order unless it is satisfied, having regard to the gravity of the conduct that constitutes the ground, that the making of an order would not be unjust. I would also add that, in the court's process of determining what's in the best interests of members, it is open to an organisation to present evidence of members' views on this point, and members would also, of course, be able to seek leave to appear.