Victorian Consolidated Legislation

Electoral Act 2002 - SECT 13

Deputy Electoral Commissioner

13. Deputy Electoral Commissioner



(1) The Governor in Council may appoint an officer to be called the Deputy
Electoral Commissioner.

(2) The Deputy Electoral Commissioner-

   (a)  holds office for a period of 10 years; and

   (b)  may be re-appointed for one or more periods each of which does not
        exceed 10 years as is specified in the instrument by which the Deputy
        Electoral Commissioner is re-appointed.

(3) A person who-

   (a)  is a member of a registered political party; or

   (b)  has been a member of a political party at any time during the period
        of 5 years immediately preceding the date of the proposed appointment-

cannot be appointed to be the Deputy Electoral Commissioner.

(4) The office of the Deputy Electoral Commissioner becomes vacant-

   (a)  upon acceptance by the Governor in Council of the Deputy Electoral
        Commissioner's resignation in writing; or

   (b)  upon the Deputy Electoral Commissioner becoming a bankrupt; or

   (c)  upon the Deputy Electoral Commissioner nominating for election for the
        Parliament of Victoria or of the Commonwealth or of any other State or
        Territory of the Commonwealth; or

   (d)  upon the Governor in Council determining that the Deputy Electoral
        Commissioner is physically or mentally incapable of carrying out the
        duties of office; or

   (e)  upon the passing of a resolution by both Houses of Parliament
        requesting the Deputy Electoral Commissioner's removal from office; or

   (f)  upon the Deputy Electoral Commissioner being convicted of an
        indictable offence or being sentenced to imprisonment for any offence.



(5) Nothing in the Public Administration Act 2004 applies to or in relation to
the office of the Deputy Electoral Commissioner or to any person holding that
office.



(6) The Governor in Council may by Order in Council fix the terms and
conditions of employment which are applicable to the Deputy Electoral
Commissioner.

(7) If the Deputy Electoral Commissioner is unable, whether on account of
illness or otherwise, to perform the duties of the office of Deputy Electoral
Commissioner, the Governor in Council may appoint an eligible person to act as
Deputy Electoral Commissioner during that period of inability.