Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Governor may,
on the recommendation of the Minister, appoint a person to act in the office
of the Commissioner whenever —
(a) the
Commissioner is on leave of absence, or is unable to perform the functions of
the office of Commissioner, or is absent from the State, for a period which is
likely to exceed 30 days and in respect of which a delegation is not in
force under section 23(b);
(b) the
Commissioner has been suspended from office under section 18(3) or (4);
or
(c) the
office of Commissioner is vacant.
(2) Before making a
recommendation under subsection (1), the Minister shall consult the
parliamentary leader of each party in the Parliament.
(3) A person appointed
to act under subsection (1) is, while that appointment subsists, to be
known as the Acting Commissioner for Public Sector Standards.
(4) An acting
appointment subsists until —
(a) the
relevant leave of absence, inability, absence, suspension or vacancy ceases;
(b) the
term of that appointment expires; or
(c) the
expiry of 12 months from the day of that appointment,
whichever is soonest.
(5) If an acting
appointment ends under subsection (4)(b), it can be renewed under
subsection (1) but not so as to extend beyond 12 months from the day
of the original acting appointment.
(6) While a person is
acting in the office of the Commissioner under this section —
(a) he
or she shall perform the functions of the Commissioner, and any act or thing
done by him or her in that performance has the like effect as if it were done
by the Commissioner;
(b) any
act or thing that is required under a written law to be done to, by reference
to or in relation to the Commissioner shall be regarded as effectually done if
done to, by reference to or in relation to the person so acting; and
(c)
references to the Commissioner in sections 18 to 27 include references to
the person so acting.