EQUAL OPPORTUNITY ACT 2010 (NO. 16 OF 2010) - SECT 171 Resignation and removal

EQUAL OPPORTUNITY ACT 2010 (NO. 16 OF 2010) - SECT 171

    (1)     The Commissioner ceases to hold office if the Commissioner—

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

        (b)     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

        (c)     becomes an insolvent under administration; or

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

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

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

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

        (c)     the Commissioner has engaged in misconduct in carrying out those duties; or

        (d)     the Commissioner 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 Commissioner had engaged in the conduct in carrying out the Commissioner's duties or functions of office, the conduct would have amounted to misconduct in carrying out those duties or functions.