106Acting Director

1. In the case of absence from duty of the Director (arising from whatever cause) or on the occurrence from any cause of a vacancy in that position (whether by reason of death, resignation, or otherwise) and while the absence or vacancy continues, all or any of the functions, duties, and powers of the Director or pertaining to the position may be exercised and performed by any other person for the time being directed or appointed by the chief executive of the responsible department to exercise and perform them.

2. The direction may be given or the appointment may be made before the absence or vacancy occurs or while the absence or vacancy continues.

3. No direction or appointment under this section, and no acts done by a person acting under the direction or appointment, may in proceedings be questioned on the ground that the occasion for the direction or appointment had not arisen or had ceased, or on the ground that the person has not been appointed to the position of Director.

4. If a person appointed under this section is an employee within the meaning of that term in the Public Service Act 2020, nothing in clause 2 of Schedule 8 of that Act applies.

5. Except as provided in subsection (4), this section does not limit or affect the application of the Public Service Act 2020.