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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.