39FOperation of step-in arrangements

39F Operation of step-in arrangements

39F Operation of step-in arrangements

(1) The operation of clause 39A or 39B or a service breach notice or any step-in arrangements is not to be regarded—

(a) as a breach of contract or confidence or otherwise as a civil wrong, or

(b) as a breach of any contractual provision prohibiting, restricting or regulating the provision of bus services, or

(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, or

(d) as an event of default under any contract or other instrument.

(2) The operation of clause 39A or 39B or a service breach notice or any step-in arrangements do not adversely affect any entitlements arising out of employment of any staff whose services are made use of under step-in arrangements.

(3) Subclause (1) and clauses 36 and 37 do not prevent a step-in party from bringing proceedings in respect of a contract between the Director-General and the step-in party for provision of services for the purposes of step-in arrangements.