Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 444

    (1)     The Governor in Council may appoint—

S. 444(1)(a) substituted by No. 43/2020 s. 51(1).

        (a)     up to 2 alternate members as alternate chairpersons for the Youth Parole Board on the nomination of the Attorney-General each of whom is one of the following—

              (i)     a judge of the County Court, a reserve judge of the County Court or a former judge of the County Court;

              (ii)     a magistrate within the meaning of section 3(1) of the Magistrates' Court Act 1989 , a reserve magistrate within the meaning of that Act or a former magistrate;

              (iii)     an Australian lawyer of at least 10 years' standing; and

        (b)     an officer nominated by the Secretary as an alternate member for the member holding office under section 442(2)(b) and the person so appointed is required to act for that member if he or she is absent from duty.

S. 444(1A) inserted by No. 5/2013 s. 79, substituted byNo. 43/2020 s. 51(2).

    (1A)     An alternate chairperson appointed under subsection (1)(a) is required to act as chairperson if—

        (a)     the chairperson is absent from duty; or

        (b)     the office of chairperson is vacant.

S. 444(1B) inserted by No. 5/2013 s. 79.

    (1B)     For the purposes of section 14(3A)(a) and (b) of the County Court Act 1958 , the office of alternate member under subsection (1)(a) is not to be taken to be a judicial office or an office or place of profit under the Crown.

    (2)     The Governor in Council may appoint an alternate member for each member holding office under section 442(2)(c) and at least one of those alternate members must be a woman.

    (3)     In the absence from duty of a member holding office under section 442(2)(c) the alternate member for that member is entitled to attend a meeting of the Board.

    (4)     A person appointed under subsection (1) or (2), while acting for a member—

        (a)     has all the powers and may perform all the functions of the member; and

        (b)     is entitled to be paid—

              (i)     any remuneration that is fixed by the Governor in Council; and

              (ii)     any travelling and other allowances that are fixed by the Governor in Council.