Section 236 - Children (Education and Care Services) National Law (NSW) - Acting positions

236Acting positions

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236 Acting positions

(1) The Deputy Chairperson of the Board is to act as the Chairperson of the Board—

(a) during a vacancy in the office of Chairperson; or

(b) during any period that the Chairperson—

(i) is absent from duty; or

(ii) is, for any reason, unable to carry out the duties of that office.

(2) While the Deputy Chairperson of the Board is acting in the office of Chairperson—

(a) he or she has all the powers and functions of the Chairperson; and

(b) this Law and other laws apply to the Deputy Chairperson as if he or she were Chairperson.

(3) Anything done by or in relation to the Deputy Chairperson when purporting to act in the office of Chairperson is not invalid merely because the occasion for the Deputy Chairperson to act had not arisen or had ceased.

(4) The Ministerial Council may, by consensus, appoint a member of the Board to be the Deputy Chairperson of the Board—

(a) during a vacancy in the office of Deputy Chairperson; or

(b) during any period that the Deputy Chairperson—

(i) is acting as the Chairperson; or

(ii) is absent from duty; or

(iii) is, for any reason, unable to carry out the duties of that office.

(5) A person nominated by a Minister on the Ministerial Council may, with the approval of the Chairperson of the Board, act as a member of the Board in the place of the member appointed on the nomination of that Minister if that member is unable to attend a meeting of the Board.