Corruption, Crime and Misconduct Act 2003

The Governor may, on the recommendation of the Premier, appoint a person who is qualified and eligible for appointment as Commissioner to act in the office of Commissioner —

during any period or during all periods when —

the office of Commissioner is vacant or the person holding the office of Commissioner is unable to perform the functions of the office of Commissioner; and

the office of Deputy Commissioner is vacant or the person holding the office of Deputy Commissioner is unable to perform the functions of the office of Commissioner; and

if a person is appointed under this paragraph — the person is unable to perform the functions of the office of Commissioner;

in relation to any matter in respect of which the person holding the office of Commissioner, the person holding the office of Deputy Commissioner or a person appointed under this subsection has under section 13 declared themselves unable to act.

An appointment under this section —

may be made at any time and may be terminated at any time by the Governor; and

may be expressed to have effect only in the circumstances specified in the instrument of appointment.

The Premier can recommend the appointment of a person under subsection (1) only if the requirements set out in section 9A(2)(a) to (c) are satisfied in relation to the person.

For the purposes of subsection (2A), the requirements set out in section 9A(2)(a) to (c) may be satisfied —

prospectively even though the necessity for an appointment has not arisen; and

with respect to a number of persons each of whom is eligible to be appointed should the necessity arise.

Despite subsection (2A), the Premier can recommend the appointment of a person under subsection (1)(a) without the requirements set out in section 9A(2)(a) to (c) being satisfied in relation to the person if —

the appointment is for a period of no longer than 12 months; and

the appointment will not result in the person being appointed more than twice consecutively to act in the office of Commissioner.

Subject to this Act, the terms and conditions of appointment, including remuneration and other entitlements, of a person acting under this section are to be as determined from time to time by the Governor.

A person acting under this section for the reason mentioned in subsection (1)(b) may perform functions of the office of Commissioner in relation to the matter for which the person is appointed even though the Commissioner, the Deputy Commissioner acting under section 13A for the reason mentioned in section 13A(1)(b) or another person acting under this section for the reason mentioned in subsection (1)(b) is at the same time performing other functions of the office.

If a person is acting under this section for the reason mentioned in subsection (1)(b), a reference to the Commissioner in a provision of this Act that is relevant to the performance by that person of a function of the office of Commissioner in relation to the matter for which that person is appointed includes a reference to that person.

The validity of anything done by or in relation to a person purporting to act under this section is not to be called into question on the ground that —

the occasion for an appointment under this section had not arisen; or

there is a defect or irregularity in the appointment; or

the appointment had ceased to have effect; or

the occasion for the person to act had not arisen or had ceased.