Western Australian Current Acts Western Australian Current Acts (1) The Governor may,
on the recommendation of the Premier, appoint a person who is qualified and
eligible for appointment as Commissioner to act in the office of Commissioner
—
(a)
during any period or during all periods when —
(i)
the office of Commissioner is vacant or the person
holding the office of Commissioner is unable to perform the functions of the
office of Commissioner; and
(ii)
the office of Deputy Commissioner is vacant or the person
holding the office of Deputy Commissioner is unable to perform the functions
of the office of Commissioner; and
(iii)
if a person is appointed under this paragraph — the
person is unable to perform the functions of the office of Commissioner;
or
(b) in
relation to any matter in respect of which the person holding the office of
Commissioner, the person holding the office of Deputy Commissioner or a person
appointed under this subsection has under section 13 declared themselves
unable to act.
(2) An appointment
under this section —
(a) may
be made at any time and may be terminated at any time by the Governor; and
(b) may
be expressed to have effect only in the circumstances specified in the
instrument of appointment.
(2A) The Premier can
recommend the appointment of a person under subsection (1) only if the
requirements set out in section 9A(2)(a) to (c) are satisfied in relation to
the person.
(2B) For the purposes
of subsection (2A), the requirements set out in section 9A(2)(a) to (c) may be
satisfied —
(a)
prospectively even though the necessity for an appointment has not arisen; and
(b) with
respect to a number of persons each of whom is eligible to be appointed should
the necessity arise.
(2C) Despite
subsection (2A), the Premier can recommend the appointment of a person under
subsection (1)(a) without the requirements set out in section 9A(2)(a) to (c)
being satisfied in relation to the person if —
(a) the
appointment is for a period of no longer than 12 months; and
(b) the
appointment will not result in the person being appointed more than twice
consecutively to act in the office of Commissioner.
(3) Subject to this
Act, the terms and conditions of appointment, including remuneration and other
entitlements, of a person acting under this section are to be as determined
from time to time by the Governor.
(4) A person acting
under this section for the reason mentioned in subsection (1)(b) may perform
functions of the office of Commissioner in relation to the matter for which
the person is appointed even though the Commissioner, the Deputy Commissioner
acting under section 13A for the reason mentioned in section 13A(1)(b) or
another person acting under this section for the reason mentioned in
subsection (1)(b) is at the same time performing other functions of the
office.
(5) If a person is
acting under this section for the reason mentioned in subsection (1)(b), a
reference to the Commissioner in a provision of this Act that is relevant to
the performance by that person of a function of the office of Commissioner in
relation to the matter for which that person is appointed includes a reference
to that person.
(6) The validity of
anything done by or in relation to a person purporting to act under this
section is not to be called into question on the ground that —
(a) the
occasion for an appointment under this section had not arisen; or
(b)
there is a defect or irregularity in the appointment; or
(c) the
appointment had ceased to have effect; or
(d) the
occasion for the person to act had not arisen or had ceased.
[Section 14, formerly section 12, amended: No. 78
of 2003 s. 10 and 35(13); renumbered as section 14: No. 78 of 2003 s. 35(1);
amended: No. 5 of 2024 s. 12.]