Victorian Numbered Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 (NO. 67 OF 2013) - SECT 533

Removal from office by Governor in Council

    (1)     The Minister may recommend to the Governor in Council that a Conciliation Officer be removed or suspended from office if the Minister is of the opinion, after having given the Conciliation Officer an opportunity to be heard, that the Conciliation Officer—

        (a)     is incapable of performing official duties; or

        (b)     has refused or neglected to perform those duties; or

        (c)     has committed a serious breach of confidentiality; or

        (d)     has committed a serious breach of one or more of the terms or conditions of his or her engagement.

    (2)     To begin an investigation into whether or not to make a recommendation under subsection (1), the Minister must give the Conciliation Officer written notice of the investigation, together with an outline of the reasons why the investigation is to be conducted.

    (3)     On receiving a notice under subsection (2), the Conciliation Officer is, by virtue of this section, suspended from office until he or she—

        (a)     is given written notice that the Minister does not intend to make a recommendation under this section in relation to the matters investigated; or

        (b)     is removed from office under subsection (5); or

        (c)     completes any term of suspension imposed under subsection (5).

    (4)     A Conciliation Officer who is suspended under subsection (3) remains entitled to his or her remuneration and allowances as a Conciliation Officer during the period of suspension.

    (5)     On receiving a recommendation from the Minister under this section that a Conciliation Officer be removed or suspended from office, the Governor in Council may remove or suspend the Conciliation Officer from office.

    (6)     Subsection (4) ceases to apply if a suspension is imposed on a Conciliation Officer under subsection (5).



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