After section 18 of the Principal Act , the following section is inserted in Part 3:

18A.     Validation of certain appointments

(1)  In this section –

appointed under State Service legislation , in respect of an office or position, includes –

(a) an appointment to the office, or position, under the State Service Act 2000 or the Tasmanian State Service Act 1984 ; and

(b) acting under a direction under section 21A of the Acts Interpretation Act 1931 in respect of the office or position.

(2)  For the purposes of this Act, the Minister is taken to have validly appointed a person to the position of the State Forensic Pathologist under this Act if –

(a) on or after the commencement of this Act, but before the commencement of the Validation Act 2023 , the person was appointed under State Service legislation to one of the following offices or positions within the State Service:

(i) Director of Statewide Forensic Medical Health Services;

(ii) Director – Statewide Forensic Medical Services;

(iii) Director of Forensic Pathology Services;

(iv) Statewide Director of Forensic Pathology Services;

(v) Director of Forensic Pathology for Tasmania;

(vi) Statewide Director of Forensic Pathology;

(vii) Director Forensic Pathology; and

(b) while so appointed to that office or position –

(i) the person believed, on reasonable grounds, that he or she had also been appointed as the State Forensic Pathologist under this Act; and

(ii) he or she purportedly performed the functions, and purportedly exercised the powers, of the State Forensic Pathologist.

(3)  Subsection (2) only applies in respect of a person while the person was appointed under State Service legislation to the relevant office or position for that person specified in subsection (2)(a) .

(4)  A function of the State Forensic Pathologist purportedly performed, or a power of the State Forensic Pathologist purportedly exercised, by a person is taken to have been validly performed or exercised if –

(a) the function was performed, or the power was exercised, while the person was taken to have been appointed to the position of State Forensic Pathologist by virtue of this section; and

(b) the function was performed, or the power was exercised, by that person in good faith.

(5)  For the avoidance of doubt, a person approved under section 35 to undertake coronial autopsies is taken to have been validly approved under that section if the person was approved by a person taken to have been appointed to the position of State Forensic Pathologist by virtue of this section.