88Industrial or legal proceedings excluded

88 Industrial or legal proceedings excluded

88 Industrial or legal proceedings excluded

(1) The engagement or appointment of, or the failure to engage or appoint, a person as a non-executive officer, or a matter, question or dispute relating to the engagement or appointment, or failure to engage or appoint, is not an industrial matter for the purposes of the Industrial Relations Act 1996.

(2) 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.

(3) The failure of a non-executive commissioned police officer to be appointed for a further term of office as provided by section 75 is, for the purposes of this section, taken to be a failure to engage or appoint the person as a non-executive officer.

(4) Nothing in this section prevents any of the following proceedings from being brought by a member of the NSW Police Force in relation to the employment of another member of the NSW Police Force—

(a) proceedings under Part 9 of the Anti-Discrimination Act 1977 in relation to a complaint under that Part,

(b) proceedings under section 213 of the Industrial Relations Act 1996 to enforce the provisions of section 210 (Freedom from victimisation) of that Act.

s 88: Ins 2006 No 63, Sch 1 [5]. Am 2010 No 54, Sch 3.9 [8] [9]; 2013 No 40, Sch 6.6 [2] [3]. Subst 2016 No 2, Sch 3 [30]. Am 2020 No 30, Sch 2.31[1] [2].