EQUAL OPPORTUNITY ACT 2010 (NO. 16 OF 2010) - SECT 164 Resignation and removal

EQUAL OPPORTUNITY ACT 2010 (NO. 16 OF 2010) - SECT 164

    (1)     An appointed member of the Board ceases to hold office if the member—

        (a)     has been convicted in Victoria or elsewhere of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or

        (b)     becomes an insolvent under administration; or

        (c)     resigns by writing delivered to the Governor in Council; or

        (d)     is removed from office by the Governor in Council under subsection (2).

    (2)     The Governor in Council may remove an appointed member from office on the ground that—

        (a)     the member is absent, without leave having been granted by the Board, from 3 consecutive meetings of which reasonable notice has been given to the member, either personally or by post, fax, email or other electronic communication; or

        (b)     the member is incapable of carrying out the duties or functions of office; or

        (c)     the member has engaged in misconduct in carrying out the member's duties or functions of office; or

        (d)     the member has personally engaged in conduct that a court or tribunal has found to be in contravention of an equal opportunity or anti-discrimination law of an Australian jurisdiction and, if the member had engaged in the conduct in carrying out the member's duties or functions of office, the conduct would have amounted to misconduct in carrying out those duties or functions.