Western Australian Current Acts Western Australian Current Acts (1) The Minister may
appoint a person to act as Commissioner —
(a)
during a vacancy in the office of Commissioner, whether or not an appointment
has previously been made to the office; or
(b)
during any period, or during all periods, when the Commissioner is absent from
duty or from Western Australia, or is, for any other reason, unable to perform
the functions of the office of Commissioner,
but a person appointed
to act during a vacancy shall not continue so to act for more than 12 months.
(2) An appointment of
a person under subsection (1) may be expressed to have effect only in such
circumstances as are specified in the instrument of appointment.
(3) The Minister may
—
(a) on
the recommendation of the Public Sector Commissioner, determine the terms and
conditions of appointment, including remuneration and allowances, of a person
acting as Commissioner; and
(b)
terminate such an appointment at any time.
(4) Where a person is
acting as Commissioner in circumstances referred to in subsection (1)(b) and
the office of Commissioner becomes vacant while that person is so acting,
then, subject to subsection (2), that person may continue so to act until the
Minister otherwise directs, the vacancy is filled or a period of 12 months
from the date on which the vacancy occurred expires, whichever first happens.
(5) The appointment of
a person to act as Commissioner ceases to have effect if the person resigns
the appointment by writing delivered to the Minister.
(6) The validity of
anything done by a person purporting to act pursuant to an appointment made
under subsection (1) shall not be called in question on the ground that the
occasion for the person’s appointment had not arisen or had ceased, that
there is a defect or irregularity in or in connection with the appointment, or
that the appointment had ceased to have effect.
[Section 78 amended: No. 39 of 2010 s. 89.]