Victorian Consolidated Legislation

Commissioner for Law Enforcement Data Security Act 2005 - SECT 10

Suspension and removal from office

10. Suspension and removal from office



(1) The Governor in Council may suspend the Commissioner for Law Enforcement
Data Security from office on any of the following grounds-

   (a)  misconduct;

   (b)  neglect of duty;

   (c)  disability;

   (d)  any other ground on which the Governor in Council is satisfied that
        the Commissioner for Law Enforcement Data Security is unfit to hold
        office.

(2) The Minister must cause to be laid before each House of Parliament a full
statement of the grounds of suspension within 7 sitting days of that House
after the suspension.

(3) The Commissioner for Law Enforcement Data Security must be removed from
office by the Governor in Council if each House of Parliament within 20
sitting days after the day when the statement is laid before it declares by
resolution that the Commissioner for Law Enforcement Data Security ought to be
removed from office.

(4) The Governor in Council must remove the suspension and restore the
Commissioner for Law Enforcement Data Security to office unless each House
makes a declaration of the kind specified in subsection (3) within the time
specified in that subsection.

(5) If the Commissioner for Law Enforcement Data Security is suspended from
office under subsection (1), he or she is deemed not to be the Commissioner
for Law Enforcement Data Security during the period of suspension.

Division 2-Functions and powers