Victorian Current Acts

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LEGAL PROFESSION UNIFORM LAW APPLICATION ACT 2014 - SECT 38

When does a member's office become vacant?

    (1)     The office of a member becomes vacant if the member—

        (a)     becomes an insolvent under administration; or

        (b)     is found guilty of an indictable offence or an offence that, if committed in this jurisdiction, would be an indictable offence; or

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

        (d)     is removed from office under subsection (2).

    (2)     The Governor in Council may remove a member from office if of the opinion that the member—

        (a)     is guilty of improper conduct in carrying out the duties of his or her office; or

        (b)     is mentally or physically incapable of carrying out satisfactorily the duties of his or her office; or

        (c)     has failed to comply with any term or condition of appointment.

S. 38(2A) inserted by No. 10/2022 s. 39(1).

    (2A)     The Governor in Council may remove a lawyer member from office if disciplinary action has been taken in respect of the member.

S. 38(2B) inserted by No. 10/2022 s. 39(1).

    (2B)     The Governor in Council may remove the chairperson of the Victorian Legal Service Board from office if—

              (i)     the chairperson is an Australian legal practitioner; and

              (ii)     disciplinary action has been taken in respect of the chairperson.

S. 38(3) amended by No. 10/2022 s. 39(2).

    (3)     In addition to the circumstances set out in subsection (1), the office of a lawyer member becomes vacant if the member ceases to be an Australian legal practitioner whose home jurisdiction is Victoria.

S. 38(4) inserted by No. 10/2022 s. 39(3).

    (4)     In this section—

"disciplinary action "has the same meaning as in Division 2 of Part 9A.



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