13ADeputy Director

13A Deputy Director

[Section 13A Inserted by No. 39 of 2015, s. 8, Applied:13 Oct 2015]

(1)  Subject to and in accordance with the State Service Act 2000 , a person who is an Australian lawyer of not less than 7 years' standing as a practitioner is to be appointed or employed as Deputy Director.

(2)  The Deputy Director is to perform the functions that the Director directs the Deputy Director to perform.

(3)  In addition to the functions that the Deputy Director is directed under subsection (2) to perform, the Deputy Director –

(a) is to act as Director during any illness, suspension or absence of the Director and during any vacancy in that office; and

(b) while acting as Director, is to perform the functions and exercise the powers of the Director and receive a salary at the same rate as that payable to the Director.

(4)  Any act or thing done by the Deputy Director, while acting as Director, in the performance of the functions, and the exercise of the powers, of the Director has the same effect as if it were done by the Director.

(5)  Any act or thing that is required under a written law to be done to, by reference to, or in relation to, the Director is taken to be effectually done if, respectively, the act or thing is done to, by reference to, or in relation to, the Deputy Director when the Deputy Director is acting as Director.

(6)  Subsection (5) applies to an act or thing done by the Deputy Director in good faith in the belief that the Director was absent from office on grounds referred to in subsection (3) or that there was a vacancy in the office.

(7)  The Deputy Director, when acting as Director, has the same immunities and independence as the Director.