22   Legal proceedings not to be brought in respect of appointments etc

(1988 Act, s 27)

(1)  The appointment or failure to appoint a person to a vacant position in the Public Service, or any matter, question or dispute relating to such an appointment or failure, is not an industrial matter for the purposes of the Industrial Relations Act 1996 (other than Part 7 of Chapter 2 of that Act).

(2)  Subsection (1) applies whether or not any person has been appointed to the vacant position.

(3)  No proceedings, whether 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 the appointment or failure to appoint a person to a position in the Public Service, the entitlement or non-entitlement of a person to be so appointed or the validity or invalidity of any such appointment.

(4)  Subsection (3) does not affect the operation of Part 7 of Chapter 2 of the Industrial Relations Act 1996.

(5)  Nothing in this section prevents any of the following proceedings being brought by a member of staff of a Department in relation to the appointment of another member of staff of any Department to a position in the Public Service:

(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.