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Public Sector Act 2022
sec.142Decisions about excluded matters final
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### sec.142 Decisions about excluded matters final
Unless the Supreme Court decides a decision about an excluded matter 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.
However, subsection (1) does not apply to a decision about an excluded matter relating to a senior officer.
The Judicial Review Act 1991 , part 5 applies to a decision about an excluded matter to the extent it is affected by jurisdictional error.
(sec.142-ssec.1) Unless the Supreme Court decides a decision about an excluded matter 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.142-ssec.2) However, subsection (1) does not apply to a decision about an excluded matter relating to a senior officer.
(sec.142-ssec.3) The Judicial Review Act 1991 , part 5 applies to a decision about an excluded matter to the extent it is affected by jurisdictional error.
- (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.