Judicial Entitlements Act 2015

The office of a member becomes vacant if the member—

is appointed—

to judicial office in Victoria; or

to a Commonwealth judicial office; or

to judicial office in any other State or a Territory; or

becomes the holder of an office referred to in paragraph (a) on an acting basis or a reserve basis; or

is appointed as a judicial registrar; or

is appointed as a non-judicial member of VCAT; or

is employed under Part 3 of the Public Administration Act 2004; or

becomes an insolvent under administration; or

is found guilty or convicted of an indictable offence or an offence which, if committed in Victoria, would be an indictable offence; or

resigns; or

is removed from office under subsection (3).

A member may resign by delivering a signed letter of resignation to the Attorney-General.

Subject to subsection (4), on the recommendation of the Attorney-General, the Governor in Council may remove a member from office.

The Attorney-General must not make a recommendation under subsection (3) unless the Attorney-General is of the opinion that the member—

is or has been absent from 3 consecutive meetings of the Panel without the prior leave of the Panel or without reasonable excuse; or

is or has been engaging in improper conduct; or

neglects the member's duty as a member; or

is unable to perform the functions and duties of the office for any reason; or

is otherwise unfit to hold office.