HEALTH AND DISABILITY COMMISSIONER
AMENDMENT ACT 2003
6. New section 9 substituted
The principal Act is amended by repealing section 9, and substituting the following section:
"9. Deputy Commissioners
"(1) There may be appointed 1 or more Deputy Health and Disability Commissioners.
"(2) A Deputy Commissioner is appointed in the same manner as the Commissioner, except that the Minister must, before recommending a person for appointment as Deputy Commissioner, consult with the Commissioner.
"(3) Sections 10 to 13 apply to every Deputy Commissioner in the same manner as they apply to the Commissioner.
"(4) A Deputy Commissioner has and may exercise or perform any of the powers, duties, and functions of the Commissioner that the Commissioner may delegate to that Deputy Commissioner either generally or in any particular case.
"(5) A delegation under subsection (4) may be subject to any stated restrictions or conditions.
"(6) In the case of absence from duty of the Commissioner (from any cause) or on the occurrence of a vacancy in the office of Commissioner (whether because of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, all or any of the powers, duties, and functions of the Commissioner may be exercised and performed by
"(a) a Deputy Commissioner who has, before the occurrence of the absence or vacancy, been nominated for the purpose by the Commissioner by a written notice that is in effect at the time of the absence or vacancy; or
"(b) if there is no such notice at that time, by the Deputy Commissioner longest in that office.
"(7) The fact that a Deputy Commissioner exercises any power, duty, or function under this section is, in the absence of proof to the contrary, sufficient evidence of his or her authority to do so.''