121Power of Governor in Council to remove non‑judicial member of VCAT

121 Power of Governor in Council to remove non‑judicial member of VCAT

The Governor in Council may remove a non‑judicial member of VCAT from office on the recommendation of the Attorney-General under section 120 but not otherwise.

Part 8—Administration

Division 1—The Judicial Commission and the Board

122 Delegation by Judicial Commission

(1) Subject to subsections (2) and (3), the Judicial Commission, by instrument, may delegate any of its functions under this Act or any other Act to—

(a) the Director; or

(b) a member of the Board; or

(c) the members of a committee that consists of 2 or more members of the Board.

(2) The following functions cannot be delegated to the Director—

(a) the power of delegation under subsection (1);

(b) the power to refer a matter to an investigating panel under section 13(3);

(c) the power to refer a matter to the nominated head of jurisdiction or a nominated person under section 13(4);

(d) the power to make a requirement under section 29;

(e) the power to recommend that an officer concerned be stood down under section 98;

(f) the power to recommend the appointment of a Director under section 128(1);

(g) the power to recommend the removal of a Director under section 130;

(h) the power to recommend the appointment of an acting Director under section 132;

(i) the power to declare a person to be a vexatious complainant under section 140(1);

(j) the power to revoke a declaration under section 140(5)(b).

(3) The following functions cannot be delegated to a member of the Board or the members of a committee that consists of 2 or more members of the Board—

(a) the power of delegation under subsection (1);

(b) the power to refer a matter to an investigating panel under section 13(3);

(c) the power to make a requirement under section 29;

(d) the power to recommend that an officer concerned be stood down under section 98;

(e) the power to recommend the appointment of a Director under section 128(1);

(f) the power to recommend the removal of a Director under section 130;

(g) the power to recommend the appointment of an acting Director under section 132;

(h) the power to declare a person to be a vexatious complainant under section 140(1);

(i) the power to revoke a declaration under section 140(5)(b).

The Judicial Commission and the Board of the Judicial Commission are established under Part IIIAA of the .