121JIndustrial or legal proceedings excluded

#### 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](/view/html/inforce/current/act-1996-017). > > > (2) Parts 6, 7 and 9 of Chapter 2 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) 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](/view/html/inforce/current/act-1996-017). > > > (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. > > **s 121J:** Ins 2004 No 92, Sch 1 \[27\]. Am 2006 No 2, Sch 2 \[39\]; 2011 No 25, Sch 4 \[2\]. Subst 2016 No 2, Sch 2 \[20\].