Mental Health Act 2014

The Minister may appoint a person to act in the office of the Chief Mental Health Advocate referred to in section 349 —

during a vacancy in the office, whether or not an appointment has previously been made to the office; or

during a period, or during all periods, when the person holding the office or a person acting in the office under an appointment under this subsection is on leave or is otherwise unable to perform the functions of the office.

An appointment under subsection (1) may be expressed to have effect only in the circumstances specified in the instrument of appointment.

The Minister may —

determine the terms and conditions of an appointment under subsection (1), including as to remuneration; and

terminate an appointment under subsection (1) at any time.

The validity of anything done by or in relation to a person purporting to act under an appointment under subsection (1) is not to be called into question on any of these grounds —

the occasion for the appointment had not arisen;

there is a defect or irregularity in the appointment;

the appointment had ceased to have effect;

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

A person cannot act under an appointment under subsection (1) for a continuous period exceeding 12 months.