Victorian Repealed Acts

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This legislation has been repealed.

Equal Opportunity Act 1995 - SECT 172

Resignation and removal

172. Resignation and removal



(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.



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