VICIn ForceAct
Essential Services Commission Act 2001
20Acting appointment
Start here
Get a plain-English read of 20
Turn the raw legal text into a practical explanation grounded in Essential Services Commission Act 2001.
20 Acting appointment
S. 20(1) amended by No. 21/2019 s. 12(1).
(1) The Minister 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.
S. 20(3) amended by No. 21/2019 s. 12(2)(a).
(3) The Minister—
S. 20(3)(a) amended by No. 21/2019 s. 12(2)(b).
(a) subject to this section, may determine the terms and conditions of appointment of a person acting in the office of Chairperson (other than the person's remuneration and allowances); 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—
S. 20(4)(a) amended by No. 21/2019 s. 12(1).
(a) the Minister 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.
S. 20(5) substituted by No. 21/2019 s. 12(3).
(5) While a person is acting in the office of Chairperson in accordance with subsection (1), the person—
(a) has and may exercise all the powers and perform all the functions and duties of that office under this Act; and
(b) is entitled to be paid the remuneration and allowances which the Chairperson would be entitled to when performing the duties and functions of the office of Chairperson; and
(c) is not restricted from engaging in any paid employment outside that office.
(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.