Acting Commissioner
9 Acting Commissioner
The Governor may appoint a person (who must not be a Public Service employee) to act as the Commissioner during any period for which no person is for the time being appointed as the Commissioner or the Commissioner is absent from, or unable to discharge, official duties.
A person is only eligible for appointment to act as the
Commissioner if the person—
is a legal practitioner of at least 7 years standing (taking into account, for that purpose, periods of legal practice and judicial service within and outside the State) or a former judge of the High Court of Australia, the Federal Court of Australia or the Supreme Court or any other court of a
State or Territory of the Commonwealth; and
is not a judicial officer or member of an Australian
Parliament.
The terms and conditions of appointment are to be determined by the
Governor, except that the person may not act as the Commissioner for more than
6 months in aggregate in any period of
12 months.
A person appointed to act as the Commissioner is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995.
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