Commonwealth Numbered Acts

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION ACT 1986 No. 125 of 1986 - SECT 36

36. (1) If the Human Rights Commissioner is available, the Human Rights
Commissioner shall act as President-

   (a)  during a vacancy in the office of President, whether or not an
        appointment has previously been made to the office; or

   (b)  during any period when the President is absent from duty or from
        Australia or is, for any other reason, unable to perform the functions
        of the office of President.

(2) The Minister may appoint a person to act as President-

   (a)  during a vacancy in the office of President, whether or not an
        appointment has previously been made to the office; or

   (b)  during any period, or during all periods, when the President is absent
        from duty or from Australia or is, for any other reason, unable to
        perform the functions of the office of President, but-

   (c)  a person so appointed shall not act as President during any period
        while the Human Rights Commissioner is available so to act; and

   (d)  a person appointed to act during a vacancy shall not continue so to
        act for more than 12 months.

(3) The Minister may appoint a person to act as Human Rights Commissioner-

   (a)  during a vacancy in the office of Human Rights Commissioner, whether
        or not an appointment has previously been made to the office; or

   (b)  during any period, or during all periods, when the Human Rights
        Commissioner is absent from duty or from Australia, or is, for any
        other reason, unable to perform the functions of the office of
        Human Rights Commissioner, but a person appointed to act during a
        vacancy shall not continue so to act for more than 12 months.

(4) An appointment of a person under sub-section (2) or (3) may be expressed
to have effect only in such circumstances as are specified in the instrument
of appointment.

(5) The Minister may-

   (a)  determine the terms and conditions of appointment, including
        remuneration and allowances, of a person acting as President or
        Human Rights Commissioner pursuant to an appointment under sub-section
        (2) or (3); and

   (b)  terminate such an appointment at any time.

(6) Where a person is acting as President or Human Rights Commissioner in
circumstances referred to in paragraph (2) (b) or (3) (b) and the office of
President or Human Rights Commissioner, as the case may be, becomes vacant
while that person is so acting, then, subject to sub-sections (1) and (4),
that person may continue so to act until the Minister otherwise directs, the
vacancy is filled or a period of 12 months from the day on which the vacancy
occurred expires, whichever first happens.

(7) The appointment of a person to act as President or Human Rights
Commissioner under sub-section (2) or (3) ceases to have effect if the person
resigns the appointment by writing signed by the person and delivered to the
Minister.

(8) While a person is acting as President or Human Rights Commissioner, the
person may exercise all the powers, and shall perform all the functions, of
the President or Human Rights Commissioner, as the case may be.

(9) At any time when a person who is not a member of the Commission is acting
as President or Human Rights Commissioner, the person shall be deemed to be a
member of the Commission for the purposes of sections 21, 22, 23, 24 and 26
(including those sections as applied by section 33) and sections 42, 48 and
49.

(10) The validity of anything done by or in relation to a person purporting to
act under sub-section (1) shall not be called in question on the ground that-

   (a)  the occasion for the person's appointment had not arisen;

   (b)  there is a defect or irregularity in connection with the person's
        appointment;

   (c)  the person's appointment had ceased to have effect; or

   (d)  the occasion for the person to act had not arisen or had ceased.