70Inability of Chair to act

70 Inability of Chair to act

(1) If the Chair is the only commissioner currently appointed, the Chair may declare that the Chair is unable to act in respect of a particular matter by reason of an actual or perceived conflict of interest.

(2) If the Chair makes a declaration under subsection (1), the Chair, by instrument, may delegate to any Commission officer who would be eligible under section 49 to be appointed as a commissioner any function of the Commission or the Chair which is necessary to enable that matter to be dealt with.

(3) A delegation under subsection (2) to a former judge of the Supreme Court or the County Court or a former Chief Magistrate does not affect any pension or other rights or privileges that the person has as a former judge or Chief Magistrate.