12Resignation and vacancy

12 Resignation and vacancy (1) The Public Advocate ceases to hold office if the Public Advocate— (a) resigns by writing delivered to the Governor in Council; or (b) becomes insolvent under administration; or (c) is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; or (d) nominates for election for, or is elected to— (i) the Parliament of Victoria; or (ii) the Parliament of the Commonwealth or of another State or a Territory of the Commonwealth; or S. 12(1)(d)(iii) amended by No. 9/2020 s. 390(Sch. 1 item 46). (iii) a Council, within the meaning of the **Local Government Act 2020**; or (e) is removed from office under subsection (4). (2) The Governor in Council, on the recommendation of the Minister, may suspend the Public Advocate from office on any of the following grounds— (a) the Public Advocate has engaged in paid employment outside the duties of the office without the approval of the Governor in Council; (b) the Public Advocate is unable to perform, or has neglected, the duties of the office of Public Advocate; (c) the Public Advocate has engaged in misconduct; (d) the Public Advocate has failed to disclose a material conflict of interest. (3) The Minister must cause to be laid before each House of the Parliament a full statement of the grounds of suspension of the Public Advocate within 7 sitting days after the suspension. (4) The Governor in Council must remove the Public Advocate from office if each House of the Parliament, within 7 sitting days after the day when the statement of the grounds of suspension is laid before it, declares by resolution that the Public Advocate ought to be removed from office. (5) If both Houses of the Parliament do not within the period referred to in subsection (4) declare by resolution that the Public Advocate ought to be removed from office, the Governor in Council must remove the suspension and restore the Public Advocate to office.