Western Australian Current Acts Western Australian Current Acts (1) The Minister may
appoint a person to act as Public Advocate —
(a)
during a vacancy in the office of Public Advocate, whether or not an
appointment has previously been made to the office; or
(b)
during any period or during all periods when the Public Advocate is absent
from duty or from the State or is, for any other reason, unable to perform the
functions of his office,
but a person appointed
to act during a vacancy shall not continue so to act for more than 12 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.
(3) The Minister may
—
(a) on
the recommendation of the Public Sector Commissioner, determine the terms and
conditions of appointment, including remuneration and allowances, of a person
acting as Public Advocate; and
(b)
terminate such an appointment at any time.
(4) Where a person is
acting as Public Advocate in circumstances referred to in subsection (1)(b)
and the office of Public Advocate becomes vacant while that person is so
acting, then, subject to subsection (2), that person may continue so to act
until the Minister otherwise directs, the vacancy is filled or a period of 12
months from the date on which the vacancy occurred expires, whichever first
happens.
(5) The appointment of
a person to act as Public Advocate ceases to have effect if the person resigns
the appointment by written notice delivered to the Minister.
(6) The validity of
anything done by a person purporting to act pursuant to an appointment made
under subsection (1) shall not be called in question on the ground that the
occasion for his appointment had not arisen or had ceased, that there is a
defect or irregularity in or in connection with the appointment, or that the
appointment had ceased to have effect.
[Section 93 amended: No. 7 of 1996 s. 36; No. 39
of 2010 s. 89.]