Victorian Consolidated Legislation

Victorian Civil and Administrative Tribunal Act 1998 - SECT 23

Investigation of non-judicial member

23. Investigation of non-judicial member



(1) As soon as practicable after the President suspends a member from office
under section 22, the Minister must appoint a person nominated by the
President to undertake an investigation into the member's conduct.





(2) A person appointed under subsection (1) must-

   (a)  investigate the member's conduct; and

   (b)  report to the Minister on the investigation; and

   (c)  give a copy of the report to the member and the President.

(3) A report under subsection (2)(b) may include a recommendation that the
member be removed from office.

(4) After receiving a report under subsection (2)(b) recommending removal, the
Minister, after consulting the President, may recommend to the Governor in
Council that the member be removed from office.

(5) The person who conducted the investigation and the Minister may only
recommend that a member be removed on the ground of proved misbehaviour or
incapacity.

(6) The Minister must not make a recommendation under subsection (4) unless
the member has been given a reasonable opportunity to make written and oral
submissions to the person who conducted the investigation and the President.

(7) In making a recommendation under subsection (4), the Minister is entitled
to rely on any findings contained in the report under subsection (2).

(8) If the Minister decides not to make a recommendation under subsection (4)-

   (a)  the Minister must inform the President as soon as practicable after
        receiving the report under subsection (2)(b); and

   (b)  the President must lift the suspension.