New South Wales Consolidated Acts

CONSTITUTION ACT 1902 - SECT 48

48 Absent officers and staff

(1) In this section--

"functions" includes powers, authorities and duties.

"officer" means an officer or employee in the service of the Crown or of an authority of the State, but does not include the Governor, the Lieutenant-Governor or other officer administering the government of the State, a member of the Executive Council, a Minister of the Crown or the holder of a judicial office.

"unavailable" , in relation to an officer, means unavailable by reason of the officer's absence, suspension or disability or for any other reason.

(2) Where, by any Act or statutory or other instrument, any function is conferred or imposed on an officer in his capacity as an officer, the function may be exercised or performed by another officer whom the Governor has directed to exercise the functions of the firstmentioned officer during any period when he is unavailable in the same manner and to the same extent in all respects as those functions might have been exercised or performed by the firstmentioned officer.

(3) Any act, matter or thing done or omitted by an officer while acting pursuant to a direction given as referred to in subsection (2) in relation to the functions of another officer shall be as valid and effectual as if the act, matter or thing had been done or omitted by that other officer.

(4) This section is in addition to and not in derogation of any other provision made for the exercise of the functions of an unavailable officer (whether by way of temporary appointment or otherwise).