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TEACHING SERVICE ACT 1980 - SECT 93ZA
Protection for exercise of functions in connection with this Part
93ZA Protection for exercise of functions in connection with this Part
(1) This section applies to a function exercised by the Secretary, or a person
authorised by the Secretary, in connection with the termination of employment
of a person, or the reinstatement or re-employment of a person, under this
Part (a
"protected function" ).
(2) Without limiting the functions that are
protected functions under this Part, a decision by the Secretary not to accept
the resignation of a person or not to permit the retirement of a person is a
protected function.
(3) Except as provided by this section, the exercise by a
person of a protected function may not be: (a) challenged, reviewed, quashed
or called into question before any court of law or administrative review body
in any proceedings, or
(b) restrained, removed or otherwise affected by any
proceedings.
(4) Without limiting subsection (3): (a) that subsection applies
whether or not the proceedings relate to any question involving compliance or
non-compliance, by any such person, with the provisions of this Part or the
rules of procedural fairness, and
(b) the exercise of a protected function is
not an industrial matter for the purposes of the Industrial Relations Act
1996 .
(5) Accordingly (and except as provided by this section), no court of
law or administrative review body has jurisdiction or power to consider any
question involving compliance or non-compliance, by any such person, with
those provisions or those rules so far as they apply to the exercise of any
protected function.
(6) However, nothing in this section prevents any person
who is expressly authorised or permitted by a provision of the Child
Protection (Working with Children) Act 2012 to bring proceedings from bringing
such proceedings or being granted such relief in those proceedings as may be
authorised or permitted by this Part.
(7) In this section:
"exercise" of functions includes: (a) the purported exercise of functions, and
(b) the non-exercise or improper exercise of functions, and
(c) the proposed,
apprehended or threatened exercise of functions.
"proceedings" includes: (a) proceedings for an order in the nature of
prohibition, certiorari or mandamus or for a declaration or injunction or for
any other relief, and
(b) without limiting paragraph (a), proceedings in the
exercise of the inherent jurisdiction of the Supreme Court or the jurisdiction
conferred by section 23 of the Supreme Court Act 1970 .
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