Barrister AI
All legislation
VICAct
In force
This is the latest official compilation.Check the official source →
s 13

Acting Public Advocate

In force
Part 2The Public Advocate

13 Acting Public Advocate

S. 13(1) substituted by No. 14/2026 s. 63(1).

(1)

The Governor in Council, on the recommendation of the Minister, may appoint an Acting Public Advocate during—

(a)

the temporary absence or the suspension of the Public Advocate; or

(b)

any period when the office of the Public Advocate is vacant.

S. 13(1A) inserted by No. 14/2026 s. 63(1).

(1A)

The Governor in Council may at any time revoke an appointment under subsection (1).

S. 13(2) substituted by No. 14/2026 s. 63(2).

(2)

Subject to subsection (2A), the Minister may appoint an Acting Public Advocate during—

(a)

the temporary absence or the suspension of the Public Advocate; or

(b)

any period when the office of the Public Advocate is vacant.

S. 13(2A) inserted by No. 14/2026 s. 63(2).

(2A)

The Minister may appoint a person as Acting Public Advocate under subsection (2) if the person—

(a)

has previously been appointed as Acting Public Advocate under subsection (1); and

(b)

has taken an oath or made an affirmation under section 14.

(3)

A person appointed under subsection (2) is not required to take another oath or make another affirmation under section 14.

(4)

The Minister may at any time revoke an appointment under subsection (2).

S. 13(4A) inserted by No. 14/2026 s. 63(3).

(4A)

An appointment under subsection (1) or (2) must be for a period not exceeding 12 months.

(5)

The Acting Public Advocate—

(a)

has all the powers and duties and may carry out any of the functions of the Public Advocate; and

(b)

is entitled to be paid the remuneration and allowances as are fixed by the Governor in Council from time to time; and

(c)

is not, in relation to the office of Acting Public Advocate, subject to the Public Administration Act 2004 (other than Part 5 of that Act).

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.