Victorian Consolidated Legislation

Essential Services Commission Act 2001 - SECT 22

Tenure of office of additional Commissioners

22. Tenure of office of additional Commissioners



(1) Subject to this Act, an additional Commissioner-

   (a)  holds office for such period not exceeding 5 years as is specified in
        the instrument of appointment; and

   (b)  subject to this section, is eligible for re-appointment.

(2) An additional Commissioner may be appointed-

   (a)  on a full-time or part-time basis; and

   (b)  for-

   (i)  a specific period; or

   (ii) a specific inquiry or determination- as the Governor in Council
        determines.

(3) An additional Commissioner may be suspended from office by the Governor in
Council, but must not be removed from office except in accordance with this
Act.

(4) The Minister must cause to be laid before each House of the Parliament a
full statement of the grounds of any suspension of an additional Commissioner
within 7 sitting days of the House.

(5) An additional Commissioner so suspended must be restored to office by the
Governor in Council unless each House of the Parliament, within 42 days after
the day on which the statement is laid before it, and in the same session,
declares by resolution that the additional Commissioner ought to be removed
from office and, if each House within that time so declares, the additional
Commissioner must be removed from office by the Governor in Council.

(6) The additional Commissioner ceases to hold office if he or she becomes
bankrupt or applies to take the benefit of any law for the relief of bankrupt
debtors or compounds with his or her creditors or makes an assignment of his
or her property for their benefit or a deed of arrangement under any law
relating to bankruptcy.

(7) The additional Commissioner ceases to hold office if he or she nominates
for election for either House of the Parliament of Victoria or for the
Parliament of the Commonwealth or of another State or of a Territory.

(8) The additional Commissioner may at any time resign by writing signed and
addressed to the Governor in Council.