Victorian Consolidated Legislation

Accident Compensation Act 1985 - SECT 52I

Removal from office

52I. Removal from office



(1) The Minister may recommend to the Governor in Council that a Conciliation
Officer be removed or suspended from office if the Minister is of the opinion,
after having given the Conciliation Officer an opportunity to be heard, that
the Conciliation Officer-

   (a)  is incapable of performing official duties; or

   (b)  has refused or neglected to perform those duties; or

   (c)  has committed a serious breach of confidentiality; or

   (d)  has committed a serious breach of one or more of his or her terms or
        conditions of engagement.

(2) To begin an investigation into whether or not to make a recommendation
under subsection (1), the Minister must give the Conciliation Officer written
notice of the investigation, together with an outline of the reasons why the
investigation is to be conducted.

(3) On receiving such notice, the Conciliation Officer is, by virtue of this
section, suspended from office until he or she-

   (a)  is given written notice that the Minister does not intend to make a
        recommendation under this section in relation to the matters
        investigated; or

   (b)  is removed from office under subsection (5); or

   (c)  completes any term of suspension imposed under subsection (5).

(4) A Conciliation Officer who is suspended under subsection (3) remains
entitled to his or her remuneration and allowances as a Conciliation Officer
during the period of suspension.

(5) On receiving a recommendation from the Minister under this section that a
Conciliation Officer be removed or suspended from office, the Governor in
Council may remove or suspend the Conciliation Officer from office.

(6) Subsection (4) ceases to apply if a suspension is imposed on a
Conciliation Officer under subsection (5).