sec.5.16CExclusion of matters about special constables from review under other Acts

### sec.5.16C Exclusion of matters about special constables from review under other Acts This section applies to the following matters (each an excluded matter )— a decision to appoint or not to appoint a person as a special constable; a decision to revoke or vary a person’s appointment as a special constable; the terms and conditions of a person’s appointment as a special constable, including the salary, allowances and other remuneration to which a special constable is entitled; a decision about a matter mentioned in paragraph (c) . An excluded matter, or a matter affecting or relating to an excluded matter, is not an industrial matter for the Industrial Relations Act 2016 . Without limiting subsection (2) , an industrial instrument does not apply to a person appointed as a special constable. Subsections (2) and (3) apply despite section 5 .15(b). However, subsection (2) does not affect the Industrial Relations Act 2016 , section 471 . Unless the Supreme Court decides an excluded decision is affected by jurisdictional error, the decision— is final and conclusive; and can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground. The Judicial Review Act 1991 , part 5 applies to an excluded decision to the extent it is affected by jurisdictional error. In this section— appoint , in relation to a special constable (State officer), includes employ. decision includes a decision or conduct leading up to or forming part of the process of making a decision. excluded decision means a decision that is an excluded matter. s 5.16C ins 2023 No. 10 s 32G (sec.5.16C-ssec.1) This section applies to the following matters (each an excluded matter )— a decision to appoint or not to appoint a person as a special constable; a decision to revoke or vary a person’s appointment as a special constable; the terms and conditions of a person’s appointment as a special constable, including the salary, allowances and other remuneration to which a special constable is entitled; a decision about a matter mentioned in paragraph (c) . (sec.5.16C-ssec.2) An excluded matter, or a matter affecting or relating to an excluded matter, is not an industrial matter for the Industrial Relations Act 2016 . (sec.5.16C-ssec.3) Without limiting subsection (2) , an industrial instrument does not apply to a person appointed as a special constable. (sec.5.16C-ssec.4) Subsections (2) and (3) apply despite section 5 .15(b). (sec.5.16C-ssec.5) However, subsection (2) does not affect the Industrial Relations Act 2016 , section 471 . (sec.5.16C-ssec.6) Unless the Supreme Court decides an excluded decision is affected by jurisdictional error, the decision— is final and conclusive; and can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground. (sec.5.16C-ssec.7) The Judicial Review Act 1991 , part 5 applies to an excluded decision to the extent it is affected by jurisdictional error. (sec.5.16C-ssec.8) In this section— appoint , in relation to a special constable (State officer), includes employ. decision includes a decision or conduct leading up to or forming part of the process of making a decision. excluded decision means a decision that is an excluded matter. - (a) a decision to appoint or not to appoint a person as a special constable; - (b) a decision to revoke or vary a person’s appointment as a special constable; - (c) the terms and conditions of a person’s appointment as a special constable, including the salary, allowances and other remuneration to which a special constable is entitled; - (d) a decision about a matter mentioned in paragraph (c) . - (a) is final and conclusive; and - (b) can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and - (c) is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.