Appointment by Minister
(1) The Minister may, by written instrument, appoint a person to act as the Chair:
(a) during a vacancy in the office of the Chair (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Chair:
(i) is absent from duty or Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901 .
Consultation of WHS Ministers
(2) However, the Minister can only do so if the WHS Ministers have been consulted about the appointment of that person.