(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.