Victorian Consolidated Legislation

Commissioner for Environmental Sustainability Act 2003 - SECT 6

PART 2 THE COMMISSIONER FOR ENVIRONMENTAL SUSTAINABILITY

The Commissioner

6. The Commissioner



(1) The Governor in Council may appoint an officer to be called the
Commissioner for Environmental Sustainability.

(2) Subject to this section, the Commissioner holds office for a term not
exceeding 5 years as is specified in the instrument of appointment.

(3) The Commissioner is eligible for re-appointment.

(4) The Commissioner is to be appointed on such terms and conditions, not
inconsistent with this Act, as the Governor in Council determines.

(5) The Commissioner is entitled to be paid the remuneration and allowances
determined by the Governor in Council.

(6) The Public Administration Act 2004 (other than Part 3, except as provided
by section 16, of that Act) applies to the Commissioner in respect of the
office of Commissioner.





(7) The Commissioner must not directly or indirectly engage in any paid
employment outside the duties of the Commissioner.

(8) The office of the Commissioner becomes vacant if the Commissioner is
convicted of an indictable offence, or of an offence which, if committed in
Victoria, would be an indictable offence.

(9) The Commissioner may resign by notice in writing signed and addressed to
the Governor in Council.

(10) The Governor in Council, on the recommendation of the Minister, may
remove the Commissioner from office if the Commissioner has-

   (a)  refused, neglected or failed to carry out the duties of the office; or

   (b)  demonstrated inefficiency or misbehaviour in carrying out the duties.

(11) If the Commissioner is removed from office under subsection (10), the
Minister must cause to be laid before each House of the Parliament a full
statement of the grounds of the removal within 10 sitting days of that House
after the removal.

(12) An act or decision of the Commissioner is not invalid merely because of a
defect or irregularity in, or in connection with, the appointment of the
Commissioner.