JUDICIAL ENTITLEMENTS ACT 2015 - SECT 20 Vacancies, resignations and removal from office
JUDICIAL ENTITLEMENTS ACT 2015 - SECT 20
Vacancies, resignations and removal from office(1) The office of a member becomes vacant if the member—
(a) is appointed—
(i) to judicial office in Victoria; or
(ii) to a Commonwealth judicial office; or
(iii) to judicial office in any other State or a Territory; or
(b) becomes the holder of an office referred to in paragraph (a) on an acting basis or a reserve basis; or
(c) is appointed as a judicial registrar; or
(d) is appointed as a non-judicial member of VCAT; or
(e) is employed under Part 3 of the Public Administration Act 2004 ; or
(f) becomes an insolvent under administration; or
(g) is found guilty or convicted of an indictable offence or an offence which, if committed in Victoria, would be an indictable offence; or
(h) resigns; or
(i) is removed from office under subsection (3).
(2) A member may resign by delivering a signed letter of resignation to the Attorney-General.
(3) Subject to subsection (4), on the recommendation of the Attorney-General, the Governor in Council may remove a member from office.
(4) The Attorney-General must not make a recommendation under subsection (3) unless the Attorney-General is of the opinion that the member—
(a) is or has been absent from 3 consecutive meetings of the Panel without the prior leave of the Panel or without reasonable excuse; or
(b) is or has been engaging in improper conduct; or
(c) neglects the member's duty as a member; or
(d) is unable to perform the functions and duties of the office for any reason; or
(e) is otherwise unfit to hold office.