POLICE ACT 1990 - SECT 42 Industrial or legal proceedings excluded

POLICE ACT 1990 - SECT 42

42 Industrial or legal proceedings excluded

(1) The employment of a NSW Police Force 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 Police Force 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 Police Force 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) the engagement of, or failure to engage, a person as such a NSW Police Force senior executive, or

(b) the assignment or re-assignment of a NSW Police Force senior executive to a role in a band.

(5) In this section, a reference to the
"employment" of a NSW Police Force 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.