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s 12

Acting appointments

In force
Part 2Victorian Early Childhood Regulatory Authority
Division 2Early Childhood Regulator

12 Acting appointments

(1)

The Governor in Council, on the recommendation of the Minister, may appoint a person to act in the office of the Early Childhood Regulator for a period not exceeding 6 months—

(a)

if the Early Childhood Regulator is absent or, for any other reason, is unable to perform the duties of office; or

(b)

during a vacancy in the office of the Early Childhood Regulator.

(2)

The Minister may appoint a person to act in the office of the Early Childhood Regulator for a period not exceeding 6 months if the Early Childhood Regulator is absent.

(3)

The Minister must not appoint a person, or recommend a person for appointment, as acting Early Childhood Regulator if that person—

(a)

is an insolvent under administration; or

(b)

has been convicted, or found guilty, of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or

(c)

is a member of the Parliament of Victoria or a member of the Parliament of the Commonwealth or of another State or a Territory; or

(d)

is a Councillor of a Council constituted under the Local Government Act 2020 or a member of a corresponding body under an Act of another State or a Territory.

(4)

An acting Early Childhood Regulator is eligible for reappointment for a further term or terms.

(5)

The Governor in Council, on the recommendation of the Minister, may—

(a)

determine the terms and conditions of an acting appointment made by the Governor in Council under subsection (1); and

(b)

terminate that appointment at any time.

(6)

The Minister may—

(a)

determine the terms and conditions of an acting appointment made by the Minister under subsection (2); and

(b)

terminate that appointment at any time.

(7)

While acting in the Early Childhood Regulator's place, the acting Early Childhood Regulator—

(a)

has and may perform all the functions and exercise all the powers of the Early Childhood Regulator; and

(b)

is entitled to be paid the remuneration or allowances to which the Early Childhood Regulator would have been entitled.

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