Victorian Consolidated Legislation

Transport Act 1983 - SECT 9O

Suspension and removal from office for misconduct etc.

9O. Suspension and removal from office for misconduct etc.



(1) The Governor in Council may suspend a person from office as the Director,
Public Transport Safety on the recommendation of the Minister.

(2) The Minister may make such a recommendation if he or she is of the opinion
that the person-

   (a)  is incapable (because of disability or otherwise) of performing his or
        her functions or duties as the Director, Public Transport Safety; or

   (b)  has refused or neglected to perform his or functions or duties as the
        Director, Public Transport Safety; or

   (c)  has engaged in misconduct; or

   (d)  is otherwise unfit to continue to be the Director, Public Transport
        Safety.

(3) Before making such a recommendation in relation to a person, the Minister
must-

   (a)  give the person written notice that the Minister is considering making
        such a recommendation, together with details of the reasons why the
        recommendation is being considered; and

   (b)  consider any submissions made to him or her by, or on behalf of, the
        person in response to the notice.

(4) If the Governor in Council suspends a person as the Director, Public
Transport Safety, the Minister must, on or before the 3rd sitting day of each
House of Parliament after that suspension, ensure that a statement of the
grounds for the making of the recommendation that the person be suspended is
laid before the House.

(5) A person ceases to hold office as the Director, Public Transport Safety if
each House of Parliament declares by resolution, passed within 7 sitting days
of the House after the laying before it of the statement, that he or she
should cease to hold office.

(6) The suspension of a person as the Director, Public Transport Safety
ceases-

   (a)  if a resolution that he or she should cease to hold office is defeated
        before either House of Parliament; or

   (b)  if such a resolution is not passed by each House of Parliament within
        7 sitting days of the House after the laying before it of the
        statement.

(7) If a person is suspended from office under this section, he or she remains
entitled to his or her remuneration and allowances as the Director, Public
Transport Safety during the period of suspension.