Commonwealth Numbered Acts

COMMONWEALTH EMPLOYEES' REHABILITATION AND COMPENSATION ACT 1988 No. 75 of 1988 - SECT 79

79. (1) Subject to subsection (2), the Deputy Chief Executive officer shall
act as the Chief Executive officer:

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

   (b)  during any period when the Chief Executive officer is absent from duty
        or from Australia or is, for any other reason, unable to perform the
        functions of his or her office; but shall not continue to act during a
        vacancy for more than 12 months.

(2) The Deputy Chief Executive officer shall not act as the Chief Executive
officer while a person appointed under subsection (4) is acting as the Chief
Executive officer.

(3) Anything done by or in relation to the Deputy Chief Executive officer when
purporting to act as the Chief Executive officer under this section is not
invalid merely because the occasion to act had not arisen or had ceased.

(4) The Governor-General may appoint a person to act as the Chief Executive
officer:

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

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

(5) Anything done by or in relation to a person purporting to act under an
appointment under subsection (4) is not invalid merely because:

   (a)  the occasion for the appointment had not arisen;

   (b)  there was a defect or irregularity in connection with the appointment;

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

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