Employment, Education and Training Act 1988
33Acting appointments
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33 Acting appointments
(1) Subject to subsection (2), the Minister may appoint a person to act as a member (other than the Chairperson) of the Council:
(a) during a vacancy in the office of that member, whether or not an appointment has previously been made to that office; or
(b) during any period, or during all periods, when that member is absent from duty or from Australia or is, for any other reason (including the reason that the member is acting as the Chairperson), unable to perform the duties of the office of member;
but a person appointed to act during a vacancy is not to continue in that office for more than 12 months. (2) If the Minister has appointed a member to be the Deputy Chairperson of the Council, the Minister may appoint the Deputy Chairperson (or the member acting as Deputy Chairperson) to act as Chairperson of the Council:
(a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office of Chairperson.
Note: See section 33A of the Acts Interpretation Act 1901 regarding acting appointments.
(2A) If the Minister has appointed a member of the Council to be the Deputy Chairperson of the Council, the Minister may appoint a member of the Council to act as Deputy Chairperson of the Council during any period, or during all periods, when the Deputy Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office of Deputy Chairperson.
Note: See section 33A of the Acts Interpretation Act 1901 regarding acting appointments.
(3) Anything done by or in relation to a person purporting to act under subsection (1), (2) or (2A) is not invalid on the ground that:
(a) the occasion for the person’s appointment had not arisen;
(b) there was a defect or irregularity in connection with the person’s appointment;
(c) the person’s appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.