40Commissioner—acting appointment

40 Commissioner—acting appointment Note The Speaker has power to appoint an acting commissioner if the position is vacant or if the commissioner cannot for any reason exercise a function (see Legislation Act, s 209 (1)). (1) The Speaker must not appoint a person to act as commissioner unless either— (a) the Legislative Assembly has approved the appointment, by resolution passed by a majority of at least 2/3 of the members; or

(b) the appointment has been approved by— Legislative Assembly are members of the party. (2) An acting appointment must be made in consultation with the relevant Assembly committee. (3) An acting appointment must not be for a term longer than 2 years. (4) A person who has been acting commissioner for a cumulative period of 7 years is not eligible for reappointment. (5) To remove any doubt, multiple acting commissioners may be appointed concurrently. Example—concurrent appointments If the commissioner has a conflict of interest in relation to an investigation, the Speaker may appoint an acting commissioner to perform functions of the commissioner in relation to the investigation while the commissioner continues to perform their other functions. (6) To remove any doubt— (a) subsections (1) to (4) displace the Legislation Act, section 209 (2) and (3) (Power of appointment includes power to make acting appointment); and (b) subsections (3) and (4) displace the Legislation Act, section 221 (1) and (2) (How long does an acting appointment operate?); and (c) the remaining provisions of the Legislation Act, part 19.3 (Appointments) apply in relation to an acting appointment.

(7) The Speaker must give the inspector written notice— (a) of an acting appointment; and (b) if the acting appointment takes effect only in particular circumstances—on each occasion when the acting appointment takes effect.

Commission—CEO Part 2.3