Victorian Consolidated Legislation

Essential Services Commission Act 2001 - SECT 20

Acting appointment

20. Acting appointment



(1) The Governor in Council may appoint a person to act in the office of
Chairperson-

   (a)  during a vacancy in that office; or

   (b)  during any period, or during all periods, when the person holding that
        office is absent from duty or is, for any other reason, unable to
        perform the functions of that office-

but a person appointed to act during a vacancy must not continue so to act for
more than 6 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 Governor in Council-

   (a)  subject to this section, may determine the terms and conditions of
        appointment of a person acting in the office of Chairperson; and

   (b)  may terminate such an appointment at any time.

(4) If a person is acting in the office of Chairperson in accordance with
subsection (1)(b) and that office becomes vacant while that person is so
acting, that person may continue so to act until-

   (a)  the Governor in Council otherwise directs; or

   (b)  the vacancy is filled; or

   (c)  a period of 6 months from the date on which the vacancy occurred
        expires-

whichever first happens.

(5) While a person is acting in the office of Chairperson in accordance with
subsection (1), the person has, and may exercise, all the powers, and shall
perform all the functions, of that office under this Act.

(6) The validity of anything done by or in relation to a person purporting to
act in the office of Chairperson under an appointment made under subsection
(1) shall not be called in question on the ground that-

   (a)  the occasion for his or her appointment has not arisen; or

   (b)  that there is a defect or irregularity in or in connection with his or
        her appointment; or

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

   (d)  that the occasion for him or her to act had not arisen or had ceased.