32RProtection for exercise of functions in connection with this Part

#### 32R Protection for exercise of functions in connection with this Part 32R Protection for exercise of functions in connection with this Part > > (1) This section applies to a function exercised by the Secretary, or a person authorised by the Secretary, in connection with the termination of employment of a person, or the reinstatement or re-employment of a person, under this Part (a protected function). > > > (2) Without limiting the functions that are protected functions under this Part, a decision by the Secretary not to accept the resignation of a person or not to permit the retirement of a person is a protected function. > > > (3) Except as provided by this section, the exercise by a person of a protected function may not be— > > > > > (a) challenged, reviewed, quashed or called into question before any court of law or administrative review body in any proceedings, or > > > > > (b) restrained, removed or otherwise affected by any proceedings. > > > (4) Without limiting subsection (3)— > > > > > (a) that subsection applies whether or not the proceedings relate to any question involving compliance or non-compliance, by any such person, with the provisions of this Part or the rules of procedural fairness, and > > > > > (b) the exercise of a protected function is not an industrial matter for the purposes of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017). > > > (5) Accordingly (and except as provided by this section), no court of law or administrative review body has jurisdiction or power to consider any question involving compliance or non-compliance, by any such person, with those provisions or those rules so far as they apply to the exercise of any protected function. > > > (6) However, nothing in this section prevents any person who is expressly authorised or permitted by a provision of the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051) to bring proceedings from bringing such proceedings or being granted such relief in those proceedings as may be authorised or permitted by this Part. > > > (7) In this section— > > > > exercise of functions includes— > > > > > (a) the purported exercise of functions, and > > > > > (b) the non-exercise or improper exercise of functions, and > > > > > (c) the proposed, apprehended or threatened exercise of functions. > > > > proceedings includes— > > > > > (a) proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, and > > > > > (b) without limiting paragraph (a), proceedings in the exercise of the inherent jurisdiction of the Supreme Court or the jurisdiction conferred by section 23 of the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052). > > **s 32R:** Ins 2006 No 24, Sch 2.3 \[2\]. Am 2012 No 51, Sch 4.5 \[20\].