Family and Child Commission Act 2014
sec.15Vacancy in office
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sec.15 Vacancy in office
The office of a commissioner becomes vacant— if the commissioner— resigns office by signed notice to the Minister giving at least 1 month’s notice; or is convicted of an indictable offence; or is a person who is an insolvent under administration; or is removed from office by the Governor in Council under subsection (2) ; or if the commissioner is suspended by the Minister under subsection (4) —during the period of the suspension. The Governor in Council may, at any time, remove a commissioner from office on the recommendation of the Minister. The Minister may recommend the commissioner’s removal only if the Minister is satisfied the commissioner— has been guilty of misconduct; or is incapable of performing his or her duties; or has neglected his or her duties or performed them incompetently. The Minister may suspend the commissioner for up to 60 days by signed notice to the commissioner if— there is an allegation of misconduct against the commissioner; or the Minister is satisfied a matter has arisen in relation to the commissioner that may be grounds for removal under this section. s 15 amd 2023 No. 23 s 247 sch 1 s 2 (2) (sec.15-ssec.1) The office of a commissioner becomes vacant— if the commissioner— resigns office by signed notice to the Minister giving at least 1 month’s notice; or is convicted of an indictable offence; or is a person who is an insolvent under administration; or is removed from office by the Governor in Council under subsection (2) ; or if the commissioner is suspended by the Minister under subsection (4) —during the period of the suspension. (sec.15-ssec.2) The Governor in Council may, at any time, remove a commissioner from office on the recommendation of the Minister. (sec.15-ssec.3) The Minister may recommend the commissioner’s removal only if the Minister is satisfied the commissioner— has been guilty of misconduct; or is incapable of performing his or her duties; or has neglected his or her duties or performed them incompetently. (sec.15-ssec.4) The Minister may suspend the commissioner for up to 60 days by signed notice to the commissioner if— there is an allegation of misconduct against the commissioner; or the Minister is satisfied a matter has arisen in relation to the commissioner that may be grounds for removal under this section.
- (a) if the commissioner— (i) resigns office by signed notice to the Minister giving at least 1 month’s notice; or (ii) is convicted of an indictable offence; or (iii) is a person who is an insolvent under administration; or (iv) is removed from office by the Governor in Council under subsection (2) ; or
- (i) resigns office by signed notice to the Minister giving at least 1 month’s notice; or
- (ii) is convicted of an indictable offence; or
- (iii) is a person who is an insolvent under administration; or