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](/view/html/inforce/current/act-1996-017). > > > (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](/view/html/inforce/current/act-1996-017). > > > (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](/view/html/inforce/current/act-1977-048) in relation to a complaint under that Part, > > > > > (b) proceedings under section 213 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) 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\[1\] \[2\].