Victorian Consolidated Legislation

Electoral Act 2002 - SECT 14

Suspension from office

14. Suspension from office



(1) The Governor in Council may suspend the Electoral Commissioner or the
Deputy Electoral Commissioner from office-

   (a)  on the ground of neglect of duty; or

   (b)  on the ground of misconduct; or

   (c)  on any other ground which in the opinion of the Governor in Council
        makes the Electoral Commissioner or the Deputy Electoral Commissioner
        unfit for office.

(2) If the Governor in Council suspends the Electoral Commissioner or the
Deputy Electoral Commissioner from office, the Minister must within 2 hours of
the suspension being made give notice in writing of the suspension to-

   (a)  the President; and

   (b)  the Speaker; and

   (c)  the Leader of each political party in each House of the Parliament.

(3) If Parliament is not sitting at the time when the Governor in Council
suspends the Electoral Commissioner or the Deputy Electoral Commissioner from
office, the Parliament must be summoned to meet as soon as practicable after a
petition signed by-

   (a)  not less than 20 members of the Assembly; or

   (b)  not less than 30 members of Parliament all or any of whom are members
        of the Council-

objecting to the suspension and requesting that Parliament be summoned is
addressed and given to the Speaker or the President.

(4) An Electoral Commissioner or a Deputy Electoral Commissioner who is
suspended must be restored to office unless-

   (a)  a statement setting out the grounds of suspension is placed before
        each House of Parliament during the first 7 sitting days of that House
        following the suspension; and

   (b)  each House of Parliament within 20 days of the statement being placed
        before it passes a resolution requesting the removal of the Electoral
        Commissioner or the Deputy Electoral Commissioner from office.