87Exercise of jurisdiction if jurisdiction conferred on other bodies and constitution of Court in certain circumstances

87 Exercise of jurisdiction if jurisdiction conferred on other bodies and constitution of Court in certain circumstances S. 87(1) amended by Nos 110/1986 s. 132(g), 64/1990 s. 7(2). (1) Except as is provided by any Act or the rules of the Court the Court shall not be bound to exercise any jurisdictions powers or authorities in relation to any matters in respect of which jurisdiction is given by or under any Act to any other Court tribunal or body. S. 87(2) substituted by No. 110/1986 s. 132(h), amended by No. 24/2008 s. 11. (2) Despite anything in any Act or the Rules, any power, duty or act which might have been exercised or performed by the Court constituted by a Judge or by an Associate Judge may be exercised or performed by the Court constituted by any other Judge or Associate Judge (as the case requires) if the Court cannot for any reason be constituted by that first-mentioned Judge or Associate Judge. S. 87(3) inserted by No. 63/2013 s. 15(2). (3) For the avoidance of doubt, for the purpose of completion of any matter under section 81GA or otherwise, the Court may be constituted or continue to be constituted by a reserve Judge who is a Judge of the Court without reconstitution of the Court despite any interruption in continuity of his or her tenure, appointment or engagement. Pt 3AA (Heading and ss 87AAA–87AAJ) inserted by No. 16/2005 s. 4. Part IIIAA—The judiciary Pt 3AA Div. 1 (Heading) inserted by No. 16/2016 s. 151. Division 1—Preliminary S. 87AAA inserted by No. 16/2005 s. 4, amended by No. 16/2016 s. 152(3) (ILA s. 39B(1)). 87AAA Definitions (1) In this Part— S. 87AAA(1) def. of *appointed member* inserted by No. 16/2016 s. 152(1). ***appointed member***, of the Board, means a member of the Board appointed under section 87AAO; S. 87AAA(1) def. of *Australian court* inserted by No. 16/2016 s. 152(1). ***Australian court*** has the same meaning as in the **Judicial Commission of Victoria Act** **2016**; S. 87AAA(1) def. of *Board* inserted by No. 16/2016 s. 152(1). ***Board*** means the Board of the Judicial Commission established under section 87AAM; S. 87AAA(1) def. of *complaint* inserted by No. 16/2016 s. 152(1). ***complaint*** has the same meaning as in the **Judicial Commission of Victoria Act 2016**; S. 87AAA(1) def. of *investigating committee* repealed by No. 16/2016 s. 152(2). S. 87AAA(1) def. of *investigating panel* inserted by No. 16/2016 s. 152(1). ***investigating panel*** means a panel appointed by the Judicial Commission under Division 5; S. 87AAA(1) def. of *Judicial Commission* inserted by No. 16/2016 s. 152(1). ***Judicial Commission*** means the Judicial Commission of Victoria established by section 87AAK; S. 87AAA(1) def. of *judicial member* inserted by No. 16/2016 s. 152(1). ***judicial member***, of the Board, means a member of the Board referred to in section 87AAN; S. 87AAA(1) def. of *judicial office* amended by No. 24/2008 s. 12. ***judicial office*** means the office of any of the following— (a) Judge of the Supreme Court; (b) Associate Judge of the Supreme Court; (c) judge of the County Court; (d) associate judge of the County Court; (e) magistrate; S. 87AAA(1) def. of *judicial officer* inserted by No. 16/2016 s. 152(1). ***judicial officer*** means the following— (a) a Judge of the Court; (b) a reserve Judge; (c) an Associate Judge; (d) a reserve Associate Judge; (e) a Judge or reserve Judge of the Supreme Court who is appointed or assigned to VCAT; (f) a judge of the County Court; (g) a reserve judge within the meaning of the **County Court Act 1958**; (h) an associate judge of the County Court appointed under section 17A of the **County Court Act 1958**; (i) a reserve associate judge within the meaning of the **County Court Act 1958**; (j) a person referred to in paragraph (f) or(g) who is appointed or assigned to VCAT; (k) a magistrate; (l) a reserve magistrate within the meaning of the **Magistrates' Court Act 1989**; (m) a magistrate or reserve magistrate who is appointed or assigned to the Children's Court, the Coroners Court or VCAT; (n) a reserve coroner within the meaning of the **Coroners Act 2008**; (o) a person appointed under section 94 of the **Coroners Act 2008**; (p) a judicial registrar; S. 87AAA(1) def. of *judicial registrar* inserted by No. 16/2016 s. 152(1). ***judicial registrar*** means a judicial registrar of the Supreme Court, the County Court, the Magistrates' Court, the Children's Court or the Coroners Court; S. 87AAA(1) def. of *member* inserted by No. 16/2016 s. 152(1). ***member***, in relation to VCAT, has the same meaning as in section 3 of the **Victorian Civil and Administrative Tribunal Act 1998**; S. 87AAA(1) def. of *non-judicial member of VCAT* inserted by No. 16/2016 s. 152(1). ***non-judicial member of VCAT*** means a member of VCAT who is not a judicial officer; S. 87AAA(1) def. of *panel* repealed by No. 16/2016 s. 152(2). S. 87AAA(1) def. of *protected disclosure complaint* inserted by No. 16/2016 s. 152(1). ***protected disclosure complaint*** means a disclosure that the IBAC has determined under section 26 of the **Protected Disclosure Act 2012** to be a protected disclosure complaint; S. 87AAA(1) def. of *qualifying office* repealed by No. 16/2016 s. 152(2). S. 87AAA(1) def. of *referral* inserted by No. 16/2016 s. 152(1). ***referral*** has the same meaning as in the **Judicial Commission of Victoria Act 2016**; ***special majority*** has the same meaning as in section 18; S. 87AAA(1) def. of *Victorian court* inserted by No. 16/2016 s. 152(1). ***Victorian court*** has the same meaning as in the **Judicial Commission of Victoria Act 2016**. S. 87AAA(2) inserted by No. 16/2016 s. 152(3). (2) In this Part, other than in section 87AAJ, a reference to the holder of a judicial office includes a reference to the following— (a) a reserve Judge; (b) a reserve Associate Judge; (c) a reserve judge within the meaning of the **County Court Act 1958**; (d) a reserve associate judge within the meaning of the **County Court Act** **1958**; (e) a reserve magistrate within the meaning of the **Magistrates' Court Act 1989**; (f) a reserve coroner within the meaning of the **Coroners Act 2008**; (g) a person appointed under section 94 of the **Coroners Act 2008**; (h) a judicial registrar. Pt 3AA Div. 2 (Heading) inserted by No. 16/2016 s. 153. Division 2—Judicial offices S. 87AAB inserted by No. 16/2005 s. 4. 87AAB Removal from judicial office (1) The Governor in Council may remove the holder of a judicial office from that office on the presentation to the Governor of an address from both Houses of the Parliament agreed to by a special majority in the same session praying for that removal on the ground of proved misbehaviour or incapacity. S. 87AAB(2) amended by No. 16/2016 s. 154. (2) A resolution of a House of the Parliament or of both Houses of the Parliament praying for the removal from office of the holder of a judicial office is void if an investigating panel has not concluded that facts exist that could amount to proved misbehaviour or incapacity such as to warrant the removal of that office holder from office. (3) This section extends to term appointments or acting appointments to a judicial office but does not prevent the holder of the office ceasing to hold office on the expiry of the term or the period for which he or she is appointed to act. (4) Except as provided by this Part, no holder of a judicial office can be removed from that office. S. 87AAC‒ 87AAE inserted by No. 16/2005 s. 4, repealed by No. 16/2016 s. 155. S. 87AAF inserted by No. 16/2005 s. 4, amended by No. 69/2009 s. 54(Sch. Pt 2 item 11.1), repealed by No. 16/2016 s. 155. Ss 87AAG, 87AAH inserted by No. 16/2005 s. 4, repealed by No. 16/2016 s. 155. S. 87AAI inserted by No. 16/2005 s. 4. 87AAI Retirement This Part does not prevent the fixing by or under an Act of an age at which all holders of a judicial office, or all holders of a judicial office in a court, are required to retire or the alteration from time to time of an age so fixed. S. 87AAJ inserted by No. 16/2005 s. 4. 87AAJ Abolition of judicial office (1) This Part does not prevent the abolition of a judicial office by or under an Act. (2) The person who held an abolished judicial office is entitled (without loss of remuneration) to be appointed to and to hold another judicial office in the same court or in a court of equivalent or higher status, unless already the holder of such an office. (3) That right remains operative for the period during which the person was entitled to hold the abolished office, subject to removal as provided by this Part. The right lapses if the person declines appointment to the other office or resigns from it. (4) This section applies whether the judicial office was— (a) abolished directly; or (b) abolished indirectly by the abolition of a court or part of a court. Pt 3AA Div. 3 (Heading and ss 87AAK, 87AAL) inserted by No. 16/2016 s. 156. Division 3—Judicial Commission of Victoria S. 87AAK inserted by No. 16/2016 s. 156. 87AAK Establishment of Judicial Commission (1) The Judicial Commission of Victoria is established. (2) The Judicial Commission— (a) is a body corporate with perpetual succession; and (b) must have an official seal; and (c) may sue and be sued in its corporate name; and (d) may acquire, hold and dispose of personal property; and (e) subject to this Act, may do and suffer all acts and things that a body corporate may by law do and suffer. (3) The official seal of the Judicial Commission must be kept as directed by the Judicial Commission and must not be used except as authorised by the Judicial Commission. The Judicial Commission is an exempt body: see section 4(1) of the **Public Administration Act 2004**. S. 87AAL inserted by No. 16/2016 s. 156. 87AAL Functions of the Judicial Commission (1) The Judicial Commission has the following functions— (a) professional standards functions, being to make guidelines regarding the standards of ethical and professional conduct and general standards of appropriate conduct expected of judicial officers and non-judicial members of VCAT; (b) complaints handling functions, being the receipt, investigation and referral of complaints and referrals regarding judicial officers and non-judicial members of VCAT, including disclosures made under the **Protected Disclosure Act 2012**; (c) to provide support to any investigating panel to assist the investigating panel in the performance of its functions; (d) to disseminate information and educate the public about the functions of the Judicial Commission and investigating panels; (e) any other function conferred on the Judicial Commission by or under this or any other Act. (2) The Judicial Commission has all the powers necessary to perform its functions, including any power conferred on it by or under this or any other Act. Pt 3AA Div. 4 (Heading and ss 87AAM‒ 87AAQ) inserted by No. 16/2016 s. 156. Division 4—Board of Judicial Commission S. 87AAM inserted by No. 16/2016 s. 156. 87AAM Board of Judicial Commission (1) The Judicial Commission is to have a governing body called a Board. (2) The Board is responsible for— (a) performing the functions of the Judicial Commission; and (b) exercising the powers of the Judicial Commission. (3) The Board consists of— (a) the judicial members of the Board; and (b) 4 members appointed under section 87AAO. S. 87AAN inserted by No. 16/2016 s. 156. 87AAN Judicial members of the Board (1) The judicial members of the Board are— (a) the Chief Justice; and (b) the Chief Judge; and (c) the Chief Magistrate; and (d) the President of the Children's Court; and (e) the State Coroner; and (f) the President of VCAT. (2) A judicial member of the Board is entitled to the allowances determined by the Governor in Council but is not entitled to remuneration. S. 87AAO inserted by No. 16/2016 s. 156. 87AAO Appointed members of the Board (1) The Governor in Council may appoint a person to be a member of the Board on the recommendation of the Attorney-General. (2) The Attorney-General may recommend a person of high standing in the community, other than a person— (a) who is, or has been a judicial officer, non‑judicial member of VCAT or member of a prescribed tribunal; or (b) who is, or has been a judge, associate judge, master or magistrate (by whatever name called) of an Australian court (other than a Victorian court); or (c) who is, or has been the holder of an office equivalent to the office of judicial registrar in an Australian court; or (d) who is, or has been an Australian legal practitioner; or (e) who is a member of the Parliament of Victoria or the Parliament of the Commonwealth or of another State or a member of the Legislative Assembly of the Australian Capital Territory or the Northern Territory; or (f) who is employed under Part 3 of the **Public Administration Act 2004**. (3) An appointed member of the Board holds office— (a) on the terms and conditions specified in the instrument of appointment; and (b) for the period, not exceeding 5 years, specified in the instrument of appointment. (4) An appointed member of the Board is eligible for reappointment, but must not hold office as a member of the Board for a period, or an aggregate of periods, exceeding 10 years. (5) An appointed member of the Board is entitled to the remuneration and allowances determined by the Governor in Council. S. 87AAP inserted by No. 16/2016 s. 156. 87AAP Suspension of appointed member (1) The Attorney-General may recommend to the Governor in Council that an appointed member of the Board be suspended if the Attorney-General is of the opinion that the member— (a) is mentally or physically incapable of satisfactorily performing functions as a member of the Board; or (b) is guilty of improper conduct in performing functions as a member of the Board; or (c) has failed to attend 3 consecutive meetings of the Board without reasonable excuse; or (d) has otherwise engaged in improper conduct of a nature or seriousness that is incompatible with the person continuing to hold office as a member of the Board. (2) The Governor in Council may suspend an appointed member of the Board from office on the recommendation of the Attorney-General under subsection (1). (3) If an appointed member of the Board is suspended from office, the Attorney-General must cause a full statement of the grounds of the suspension to be laid before each House of Parliament within 7 sitting days of that House suspension. (4) The Governor in Council must remove the appointed member from office if each House of the Parliament within 20 sitting days of that House after the statement is laid before it passes a resolution calling for the member's removal from office. (5) The Governor in Council must remove the suspension unless each House of the Parliament, within 20 sitting days after the statement is laid before it, passes a resolution calling for the member's removal from office. S. 87AAQ inserted by No. 16/2016 s. 156. 87AAQ Cessation of appointment of appointed member (1) An appointed member of the Board ceases to hold office if the appointed member— (a) is removed from office by the Governor in Council in accordance with section 87AAP(4); or (b) is found guilty 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) nominates for election for a House of the Parliament of Victoria or of the Parliament of the Commonwealth or of another State or of a Territory; or (e) delivers a signed letter of resignation to the Governor; or (f) becomes— (i) a judicial officer, non-judicial member of VCAT or member of a prescribed tribunal; or (ii) a judge, associate judge, master or magistrate (by whatever name called) of an Australian court; or (iii) the holder of an office equivalent to the office of judicial registrar in an Australian court; or (iv) an Australian legal practitioner; or (v) employed under Part 3 of the **Public Administration Act 2004**. (2) An appointed member of the Board must not be suspended or removed from office except in accordance with this Division. Pt 3AA Div. 5 (Heading and ss 87AAR‒ 87AAY) inserted by No. 16/2016 s. 156. Division 5—Investigating panels S. 87AAR inserted by No. 16/2016 s. 156. 87AAR Appointment of investigating panels (1) The Judicial Commission may appoint an investigating panel for the purposes of investigating a complaint or referral referred to an investigating panel under section 13(3) of the **Judicial Commission of Victoria Act 2016**. (2) The Judicial Commission may appoint more than one investigating panel at any time for the purposes of the investigation of different complaints or referrals referred under section 13(3) of the **Judicial Commission of** **Victoria Act 2016**. (3) An investigating panel may investigate 2 or more complaints or referrals referred under section 13(3) of the **Judicial Commission of Victoria Act 2016** if the Judicial Commission considers it appropriate in the circumstances. S. 87AAS inserted by No. 16/2016 s. 156. 87AAS Membership of investigating panel (1) An investigating panel consists of 3 members appointed by the Judicial Commission of whom— (a) one member must be a person appointed to the pool of persons under section 87AAW; and (b) one member must be a person who, at the time the person is appointed to the investigating panel— (i) has been but is no longer, a judicial officer; or (ii) has been but is no longer, a non‑judicial member of VCAT or a member of a prescribed tribunal; or (iii) is the holder of an office referred to in paragraphs (a) to (g) of section 87AAA(2) and is not engaged to perform judicial duties; or (iv) has been but is no longer, a judge, associate judge, master or magistrate (by whatever name called) of an Australian court (other than a Victorian court); or (v) has been but is no longer, the holder of an office equivalent to the office of judicial registrar in an Australian court (other than a Victorian court); and (c) one member must be a person who is or has been— (i) a judicial officer; or (ii) a non-judicial member of VCAT or a member of a prescribed tribunal; or (iii) a judge, associate judge, master or magistrate (by whatever name called) of an Australian court (other than a Victorian court); or (iv) the holder of an office equivalent to the office of judicial registrar in an Australian court (other than a Victorian court). (2) A person must not be appointed under subsection (1) if the person— (a) is a member of the Board; or (b) does not consent to the appointment. (3) A person must not be appointed under subsection (1)(c) if the person is a judicial officer (other than a person who is a holder of an office referred to in paragraphs (a) to (g) of section 87AAA(2) and is not engaged to perform judicial duties) who is— (a) of the same court as the judicial officer who is the subject of the complaint or referral that is to be investigated by the panel; or (b) of a lower court than the judicial officer who is the subject of the complaint or referral that is being investigated by the panel. (4) A person who is, or has been, a judicial registrar or the holder of an equivalent office in an Australian court (other than a Victorian court) may only be appointed as a member of an investigating panel if the panel is investigating a complaint or referral that relates to a judicial registrar. (5) A person who is, or has been a non-judicial member of VCAT or a member of a prescribed tribunal may only be appointed as a member of an investigating panel if the panel is investigating a complaint or referral that relates to a non-judicial member of VCAT. (6) A person may be appointed to more than one investigating panel at the same time. S. 87AAT inserted by No. 16/2016 s. 156. 87AAT Remuneration and allowances of investigating panel members (1) A member of an investigating panel may, or may not, be entitled to remuneration and allowances as a panel member as provided in this section. (2) A member of an investigating panel is not entitled to remuneration for the performance of duties as a member of an investigating panel if— (a) the member is a judicial officer (other than a person who is the holder of an office referred to in paragraphs (a) to (g) of section 87AAA(2) and is not engaged to perform judicial duties); or (b) the member is a judge, associate judge, master or magistrate (by whatever name called) of an Australian Court (other than a Victorian court) who receives a salary in relation to that office. (3) A member of an investigating panel other than a member specified in subsection (2) is entitled to be remunerated for the performance of duties as a member of an investigating panel as if the member were appointed as a reserve Judge under section 81 and engaged to undertake the duties of a Judge of Appeal on a sessional basis under section 81B. See section 7 of the **Judicial Entitlements Act 2015**. (4) A member of an investigating panel is entitled to the prescribed allowances (if any). (5) The amounts payable to a person as a member of an investigating panel are to be paid out of the Consolidated Fund which is appropriated to the necessary extent. S. 87AAU inserted by No. 16/2016 s. 156. 87AAU Pension rights of investigating panel member not affected If a person who has been a Judge or Associate Judge of the Supreme Court, a judge or associate judge of the County Court or has been the Chief Magistrate is appointed as a member of an investigating panel, the appointment does not affect any pension or other rights or privileges the person has as a former Judge or Associate Judge of the Supreme Court, judge or associate judge of the County Court or Chief Magistrate. S. 87AAV inserted by No. 16/2016 s. 156. 87AAV Establishment of pool (1) For the purposes of making appointments under section 87AAS(1)(a) to an investigating panel there is to be a pool of persons. (2) The pool of persons must consist of no fewer than 3 persons appointed by the Governor in Council under section 87AAW. S. 87AAW inserted by No. 16/2016 s. 156. 87AAW Appointment of persons to pool (1) The Governor in Council may appoint a person to be a member of the pool of persons on the recommendation of the Attorney-General. (2) The Attorney-General may recommend a person of high standing in the community, other than a person— (a) who is or has been a judicial officer, non‑judicial member of VCAT or member of a prescribed tribunal; or (b) who is or has been a judge, associate judge, master or magistrate (by whatever name called) of an Australian court (other than a Victorian court); or (c) who is or has been the holder of an office equivalent to the office of judicial registrar in an Australian court; or (d) who is or has been an Australian legal practitioner; or (e) who is a member of the Parliament of Victoria or the Parliament of the Commonwealth or of another State or a member of the Legislative Assembly of the Australian Capital Territory or the Northern Territory; or (f) who is employed under Part 3 of the **Public Administration Act 2004**. S. 87AAX inserted by No. 16/2016 s. 156. 87AAX Conditions for members of pool (1) A member of the pool of persons— (a) is a member of the pool for the period, not exceeding 5 years, specified in the instrument of appointment; and (b) may be reappointed as a member of the pool. (2) A member of an investigating panel whose membership of the pool expires by effluxion of time, or ceases under section 87AAY(1)(a), (b), (c), (d), (e), (f), (g) or (h), before the panel makes a decision under section 34 of the **Judicial Commission of Victoria Act 2016** in respect of the matter it is investigating, remains a member of the panel until the panel makes such a decision. S. 87AAY inserted by No. 16/2016 s. 156. 87AAY Cessation of appointment or removal from pool (1) A member of the pool of persons appointed under section 87AAW ceases to be a member if the person— (a) becomes a judicial officer; or (b) becomes a judge, associate judge, master or magistrate (by whatever name called) of an Australian court (other than a Victorian court); or (c) becomes the holder of an office equivalent to the office of judicial registrar in an Australian court (other than a Victorian court); or (d) becomes a non-judicial member of VCAT or member of a prescribed tribunal; or (e) becomes a member of the Parliament of Victoria or of the Parliament of the Commonwealth or of another State or Territory; or (f) becomes employed under Part 3 of the **Public Administration Act 2004**; or (g) becomes an Australian legal practitioner; or (h) becomes a member of the Board; or (i) delivers a signed letter of resignation to the Governor; or (j) is found guilty of— (i) an indictable offence; or (ii) an offence that, if committed in Victoria, would be an indictable offence; or (k) becomes an insolvent under administration. (2) The Judicial Commission may make a recommendation to the Attorney-General for the removal of a member from the pool of persons. (3) The Governor in Council may remove a member from the pool of persons on the recommendation of the Attorney-General. (4) The Attorney-General and the Judicial Commission must not make a recommendation under subsection (2) or (3) unless the Attorney‑General and the Judicial Commission (as appropriate) is satisfied that that the member of the pool of persons— (a) is mentally or physically incapable of satisfactorily carrying out the member's functions as a member of the pool; or (b) has engaged in improper conduct of a nature or seriousness that is incompatible with being a member of the pool. Pt 3AA Div. 6 (Heading and s. 87AAZ) inserted by No. 16/2016 s. 156. Division 6—Judicial Commission regulations S. 87AAZ inserted by No. 16/2016 s. 156. 87AAZ Judicial Commission regulations (1) The Governor in Council may make regulations for or with respect to the following— (a) prescribing the allowances of persons appointed as members of an investigating panel; (b) prescribing a tribunal of another State or Territory, or a tribunal created by the Parliament of the Commonwealth, for the purposes of Divisions 3, 4 and 5; (c) generally prescribing any other matter or thing required or permitted by Divisions 3, 4 and 5 to be prescribed to give effect to those Divisions. Pt 3A (Heading and ss 87AA–87AF) inserted by No. 62/1999 s. 11. Part IIIA—Director of Public Prosecutions S. 87AA inserted by No. 62/1999 s. 11. 87AA Definition ***Director*** means Director of Public Prosecutions appointed under section 87AB. S. 87AB inserted by No. 62/1999 s. 11. 87AB Appointment (1) The Governor in Council may appoint as Director of Public Prosecutions a person who is a barrister and solicitor of the Supreme Court of not less than 8 years' standing. (2) Subject to this Part, a person appointed as Director holds office for a term of 10 years or for the longer term, not exceeding 20 years, that is specified in his or her instrument of appointment and is eligible for re-appointment. S. 87AC inserted by No. 62/1999 s. 11. 87AC Terms and conditions (1) The Director is entitled to be paid the same salary as that payable to a judge of the Supreme Court under section 82(2). (2) The Director must not, without the consent of the Attorney-General and in accordance with any conditions attached to that consent, engage in the practice of the law or in any paid employment (whether within or outside Victoria) outside the duties of his or her office. (3) The office of Director is not an authority within the meaning of section 47(1) of the **Public Sector Management and Employment Act 1998**. S. 87AD inserted by No. 62/1999 s. 11. 87AD Resignation The Director may resign from office by delivering to the Governor a signed letter of resignation. S. 87AE inserted by No. 62/1999 s. 11. 87AE Suspension and removal from office (1) The Governor in Council may suspend the Director from office. (2) If the Director is suspended from office the Attorney-General must cause a full statement of the ground or grounds of the suspension to be laid before each House of Parliament on or before the 7th sitting day of that House after the suspension. (3) The Governor in Council must remove the Director from office if each House of Parliament on or before the 7th sitting day of that House after the statement is laid before it passes a resolution declaring that the Director ought to be removed from office. (4) If both Houses of Parliament do not pass a resolution of the kind specified in subsection (3) within the time specified in that subsection, the Governor in Council must without delay remove the suspension and restore the Director to office. (5) The Director can only be removed from office in accordance with this section. S. 87AF inserted by No. 62/1999 s. 11. 87AF Pension of Director and of his or her spouse and children (1) The Director and his or her spouse and children are entitled to pensions in the same circumstances and at the same rates and on the same terms and conditions as a judge of the Supreme Court (other than the Chief Justice, the President of the Court of Appeal or a Judge of Appeal) and his or her spouse and children are entitled to under section 83. (2) A pension under this section is liable to be suspended or determined in the same circumstances and to the same extent as pensions under section 83 are liable to be suspended or determined. S. 87AF(2A) inserted by No. 19/2001 s. 9(1). (2A) A pension under this section may be commuted in the same circumstances and to the same extent as pensions under sections 83AC, 83AF and 83AI may be commuted and for that purpose sections 83AA to 83AI of that Act apply with such modifications as are necessary. S. 87AF(3) amended by No. 19/2001 s. 9(2). (3) All pensions under this section or under any corresponding previous enactment and any payments of lump sums provided by the commutation of those pensions are payable out of the Consolidated Fund which is to the necessary extent appropriated accordingly. Part IV—The Executive S. 87A inserted by No. 108/1994 s. 5.