Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SCHEDULE 3

PROVISIONS WITH RESPECT TO THE PUBLIC ADVOCATE

1. The Public Advocate



(1) The Public Advocate-

   (a)  is to be appointed by the Governor in Council; and

   (b)  holds office for a period of 7 years; and





   (c)  is entitled to be paid-

   (i)  such remuneration as is from time to time fixed by the Governor in
        Council; and

   (ii) such travelling and other allowances as are from time to time fixed by
        the Governor in Council; and

   (d)  is not in respect of the office of Public Advocate subject to the
        Public Administration Act 2004 (other than Part 5 of that Act).





(2) The Public Advocate ceases to hold office-

   (a)  if the Public Advocate resigns in writing signed by the Public
        Advocate and the resignation is accepted by the Governor in Council;
        or



   (b)  if the Public Advocate engages in any paid employment outside the
        duties of the office without the approval of the Governor in Council;
        or

   (c)  if the Public Advocate is removed from office under subclause (5).

(3) The Governor in Council may suspend or remove the Public Advocate from
office.

(4) The Minister must cause to be laid before each House of Parliament a full
statement of the grounds of suspension of the Public Advocate within 7 sitting
days after the suspension if that House is then sitting or, if that House is
not then sitting, within 7 sitting days after the next meeting of that House.

(5) The Public Advocate may be removed from office by the Governor in Council
if each House of Parliament, within 7 sitting days after the day when the
statement is laid before it, declares by resolution that the Public Advocate
ought to be removed from office and, unless each House within that period so
declares, the Governor in Council must remove the suspension and restore the
Public Advocate to office.

(6) If the Public Advocate-

   (a)  becomes bankrupt; or

   (b)  is convicted of an indictable offence or of an offence which, if
        committed in Victoria, would be an indictable offence; or

   (c)  becomes incapable of performing the duties of the office of Public
        Advocate; or

   (d)  is removed from office under subclause (5) or resigns under subclause
        (2)(a); or



* * * * *





   (f)  dies-

the office of the Public Advocate becomes vacant.

2. The Acting Public Advocate



(1) The Governor in Council may appoint an Acting Public Advocate during the
temporary absence or the suspension of the Public Advocate and may at any time
revoke the appointment.

(1A) The Attorney-General may appoint a person who-

   (a)  has previously been appointed as Acting Public Advocate under
        subclause (1); and

   (b)  has taken an oath or made an affirmation under clause 3-

as Acting Public Advocate during the temporary absence of the Public Advocate.

(1B) A person appointed under subclause (1A) is not required to take another
oath or make another affirmation under clause 3.



(1C) The Attorney-General may at any time revoke an appointment under
subclause (1A).



(2) The Acting Public Advocate while so acting-

   (a)  has all the powers and duties and may exercise any of the functions of
        the Public Advocate; and



   (b)  is entitled to be paid-

   (i)  such remuneration as is from time to time fixed by the Governor in
        Council; and

   (ii) such travelling and other allowances as are from time to time fixed by
        the Governor in Council; and

   (c)  is not in respect of the office of Acting Public Advocate subject to
        the Public Administration Act 2004 (other than Part 5 of that Act).







3. Oath or affirmation

The Public Advocate and any Acting Public Advocate must before taking office
take an oath or make an affirmation to be administered by the Speaker of the
Legislative Assembly that-

   (a)  she or he will faithfully and impartially perform the duties of
        office; and

   (b)  she or he will not except in accordance with this Act divulge
        information received or obtained under this Act.

__________________