LEGISLATION ACT 2001 - SECT 221 How long does an acting appointment operate?

LEGISLATION ACT 2001 - SECT 221

    (1)     If the appointee acts in the position because it is vacant, the appointee may not act for more than 1 year after the position became vacant.

Note     See also s 219 (Appointer may decide terms of acting appointment etc).

    (2)     If the appointee is acting in a position that becomes vacant while the appointee is acting, the appointee may continue to act until the first of the following happens:

        (a)     the appointer ends the appointment;

        (b)     the vacancy is filled;

        (c)     1 year after the position became vacant.

Example

A appoints X to act in Y's position for a year while Y is on secondment in another agency. Three months after X begins to act, Y is permanently transferred to the other agency. One month later, Z is appointed to the position in which X is acting. The appointment of Z brings X's acting appointment to an end.

    (3)     If the appointee acts in the position because the occupant of the position cannot exercise functions and the occupant resumes the exercise of the functions, the appointment no longer authorises the appointee to act on that occasion.

Note     Function is defined in the dictionary, pt 1 to include authority, duty and power.