Corruption, Crime and Misconduct Act 2003

The Governor may appoint a person who is eligible for appointment as Parliamentary Inspector to act in the office of Parliamentary Inspector —

during a vacancy in that office; or

during any period or during all periods when the person holding the office of Parliamentary Inspector, or a person appointed under this subsection, is unable to perform the functions of that office or is absent from the State; or

in relation to any matter in respect of which the person holding the office of Parliamentary Inspector, or a person appointed under this subsection, has under section 195(3) declared himself or herself 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 process for nomination and consultation with regard to the appointment of a person to act in the office of Parliamentary Inspector shall be the same as that for the appointment of the Parliamentary Inspector except that —

the process may be carried out prospectively even though the necessity for an appointment has not arisen; and

it may be carried out with respect to a number of persons each of whom is eligible to be appointed should the necessity arise; and

any bipartisan support for a person lapses on the expiration of 12 months from the date of the resolution.

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)(c) may perform functions of the Parliamentary Inspector in relation to the matter for which he or she is appointed even though the Parliamentary Inspector 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)(c), a reference to the Parliamentary Inspector in a provision of this Act that is relevant to the performance by that person of a function of the Parliamentary Inspector 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.