New South Wales Consolidated Acts

GOVERNMENT AND RELATED EMPLOYEES APPEAL TRIBUNAL ACT 1980 - SECT 25

25 Alternative rights of appeal

(1) Nothing in section 24 derogates from or otherwise affects any right of appeal an employee may have, or other proceedings which may be instituted by the employee or on his or her behalf, under any other Act or law or any industrial award or agreement (whether enacted, existing or made before, on or after the day appointed and notified under section 2 (2)) in respect of a decision of a kind referred to in section 23 (1).

(2) Where:

(a) an employee elects, in writing, to forgo a right of appeal under section 24 in respect of a decision of a kind referred to in section 23 (1), or

(b) an employee makes an appeal or institutes other proceedings or proceedings are instituted on the employee’s behalf in respect of a decision of a kind referred to in section 23 (1) under an Act or law or an industrial award or agreement referred to in subsection (1),

the employee may not thereafter appeal to the Tribunal under section 24 in respect of that decision.

(3) Where an employee appeals to the Tribunal under section 24 in respect of a decision of a kind referred to in section 23 (1), the employee may not thereafter, in respect of that decision, appeal or institute other proceedings or proceedings may not be instituted on his or her behalf under an Act or law or an industrial award or agreement referred to in subsection (1).