PUBLIC SECTOR MANAGEMENT ACT 1994 - SECT 52
PUBLIC SECTOR MANAGEMENT ACT 1994 - SECT 52
52 . Employment etc. of CEOs cannot be litigated etc.
(1) In this section, a
reference to the employment of a chief executive officer is a reference to
—
(a) the
appointment of, or failure to appoint, a person to a vacant office of chief
executive officer; or
(b) the
removal, retirement, termination of employment or other cessation of office of
a chief executive officer; or
(c) any
disciplinary proceedings or action taken under Part 5 against a chief
executive officer; or
(d) the
remuneration or terms and conditions of employment of a chief executive
officer.
(2) The employment of
a chief executive officer, or any matter, question or dispute relating to any
such employment, is not an industrial matter for the purposes of the
Industrial Relations Act 1979 .
(3) Subsection (2)
applies whether or not any person has been appointed to a vacant office of
chief executive officer.
(4) An award, order or
industrial agreement under the Industrial Relations Act 1979 , whether made
or registered, as the case requires, before or after the commencement of this
section, does not have effect insofar as it relates to the employment of a
chief executive officer.
(5) Subsection (4)
does not prevent a contract of employment of a chief executive officer from
applying any provision of an award, order or industrial agreement under the
Industrial Relations Act 1979 to the employment of the chief executive
officer.
(6) An appeal does not
lie under the Industrial Relations Act 1979 in relation to the employment of
a chief executive officer.
(7) 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
appointment of, or failure to appoint, a person to a vacant office of chief
executive officer; or
(b) the
reappointment of, or failure to reappoint, a chief executive officer; or
(c) the
entitlement or non-entitlement of a person to be so appointed or reappointed.
(8) Nothing in this
section prevents a person from raising with the Commissioner a complaint
concerning the employment of a chief executive officer.