Western Australian Current Acts

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93 .         Acting Public Advocate

        (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.]

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