Victorian Consolidated Legislation

Public Administration Act 2004 - SECT 39

Removal or resignation from office

39. Removal or resignation from office



(1) The office of a member of the Authority becomes vacant if he or she-

   (a)  nominates for election to either House of the Parliament of Victoria
        or of the Commonwealth or of any other State or a Territory; or

   (b)  resigns from office under subsection (2); or

   (c)  in the case of a member other than the Public Sector Standards
        Commissioner, is removed from office under subsection (3); or

   (d)  in the case of the Public Sector Standards Commissioner, is removed
        from office under subsection (9).

(2) A member may resign from office by notice in writing signed by the member
and delivered to the Premier.

(3) The Governor in Council, on the recommendation of the Premier, may remove
a member of the Authority (other than the Public Sector Standards
Commissioner) from office-

   (a)  if he or she becomes an insolvent under administration; or



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

   (c)  if he or she becomes, in the opinion of the Premier, incapable of
        carrying out the duties of the office; or

   (d)  on any other ground which, in the opinion of the Premier, makes him or
        her unfit to hold the office.

(4) The Premier must recommend to the Governor in Council the removal of a
member under subsection (3) in the circumstances described in paragraph (a),
(b) or (c) of that subsection.

(5) The Governor in Council, on the recommendation of the Premier, may suspend
the Public Sector Standards Commissioner from office-

   (a)  if he or she becomes an insolvent under administration; or



   (b)  if he or she is found guilty of an indictable offence or of an offence
        which, if committed in Victoria, would be an indictable offence; or

   (c)  if he or she becomes, in the opinion of the Premier, incapable of
        carrying out the duties of the office; or

   (d)  on any other ground which, in the opinion of the Premier, makes him or
        her unfit to hold the office.

(6) The Premier must recommend to the Governor in Council the suspension of
the Public Sector Standards Commissioner under subsection (5) in the
circumstances described in paragraph (a), (b) or (c) of that subsection.

(7) The Premier must cause to be laid before both Houses of Parliament a full
statement of the grounds for the suspension.

(8) The statement must be laid within 7 days after the suspension if
Parliament is then sitting or, if Parliament is not then sitting, then within
7 days after its next meeting.





(9) The Governor in Council must remove the Public Sector Standards
Commissioner from office if each House of Parliament declares by resolution,
within 7 sitting days after the laying before it of the statement, that he or
she ought to be so removed.

(10) The Governor in Council must remove the suspension and restore the Public
Sector Standards Commissioner to office unless each House makes a declaration
of the kind, and within the time, specified in subsection (9).

(11) A member of the Authority can only be removed from office in accordance
with this section.