HEALTH SERVICES ACT 1997 - SECT 121J
Industrial or legal proceedings excluded
HEALTH SERVICES ACT 1997 - SECT 121J
Industrial or legal proceedings excluded
121J Industrial or legal proceedings excluded
(1) The employment of a NSW
Health Service senior executive, or any matter, question or dispute relating
to any such employment, is not an industrial matter for the purposes of the
Industrial Relations Act 1996 .
(2) Parts 6, 7 and 9 of Chapter 2 of the
Industrial Relations Act 1996 do not apply to or in respect of the employment
of a NSW Health Service senior executive.
(3) Any State industrial instrument
(whether made before or after the commencement of this section) does not have
effect in so far as it relates to the employment of NSW Health Service senior
executives. This subsection does not prevent the provisions of any such
industrial instrument being adopted by reference in the conditions of
employment of any such executive.
(4) No proceedings for an order in the
nature of prohibition, certiorari or mandamus or for a declaration or
injunction or for any other relief, lie in respect of a matter that is
declared by this section not to be an industrial matter for the purposes of
the Industrial Relations Act 1996 .
(5) In this section, a reference to the
"employment" of a NSW Health Service senior executive is a reference to--
(a)
the engagement of, or failure to engage, a person as such an executive, or
(b) the assignment or re-assignment of the executive to a role in a band, or
(c) the removal, retirement, termination of employment or other cessation of
employment of the executive, or
(d) any disciplinary proceedings or action
taken against the executive, or
(e) the remuneration or other conditions of
employment of the executive.
