Episode 21: Lessons from the Federal Court
In this month’s episode we talk about recent court decisions and identify what registered organisations can learn from them.
We reveal how organisations can resolve matters efficiently by taking steps to remediate non-compliance to the greatest extent that is possible, and co-operating with the ROC. Registered organisations are encouraged to voluntarily report non-compliance, honestly disclose information that is relevant to misconduct, and assist during ROC inquiries and investigations.
The ROC’s approach to compliance and enforcement starts with providing education and assistance, including tools and resources to help with compliance and offering tailored assistance to organisations and branches. We routinely work with organisations to strengthen their systems and processes to prevent future breaches of the law. Where serious non-compliance has not resolved via alternative processes, the ROC has pursued a small number of matters in the Federal Court. We discuss what the judges have said and how this is important to all registered organisations.
1:50: The ROC’s approach to compliance and litigation
5:00: ROC inquiries and investigations
10:18: Alternatives to litigation
11:30: Lessons from court decisions
14:11: Why organisations should rectify non-compliance and co-operate with us
16:10: Officers can be responsible for the breaches of their organisation
20:55: Education initiative – Summaries of court cases
ROCpod is the official podcast of the Registered Organisations Commission. It is copyright to the Commonwealth of Australia. The opinions expressed in ROCpod are the opinions of the particular speaker and not necessarily the opinions of the Registered Organisations Commission. This information is general and is not intended to be comprehensive, it is designed to assist in gaining an understanding of the relevant provisions of the legislation, the ROC and its work. The ROC is not able to provide legal or accounting advice. For further information please see the materials on our website www.roc.gov.au or contact us at firstname.lastname@example.org