New South Wales Consolidated Acts

GOVERNMENT SECTOR EMPLOYMENT ACT 2013 - SECT 58

58 Industrial or legal proceedings excluded

(1) In this section,
"executive employee" means the Secretary of a Department or other Public Service senior executive, and
"non-executive employee" means a Public Service employee other than an executive employee.

(2) In this section, a reference to the employment of an executive employee is a reference to--

(a) the engagement of, or failure to engage, a person as an executive employee, or

(b) the assignment or re-assignment of the executive employee to a role in a band, or

(c) the removal, retirement, termination of employment or other cessation of employment of an executive employee, or

(d) any disciplinary proceedings or action taken against an executive employee, or

(e) the remuneration or other conditions of employment of an executive employee.

(3) The employment of an executive employee, or any matter, question or dispute relating to any such employment, is not an industrial matter for the purposes of the Industrial Relations Act 1996 .

(4) Parts 6, 7 and 9 of Chapter 2 of the Industrial Relations Act 1996 do not apply to or in respect of the employment of an executive employee.

(5) Any State industrial instrument (whether made before or after the commencement of this section) does not have effect in so far as it relates to the employment of executive employees. This subsection does not prevent the regulations or other statutory instruments or any contract of employment from applying the provisions of any such industrial instrument to the employment of an executive employee.

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

(7) 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 .

(8) Nothing in this section prevents any of the following proceedings from being brought by an employee of a Public Service agency in relation to the employment of another employee of any Public Service agency--

(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.