99Effect of standing down of certain judicial officers and non‑judicial members of VCAT

99 Effect of standing down of certain judicial officers and non‑judicial members of VCAT

(1) The standing down of a judicial officer or non‑judicial member of VCAT under section 97 or section 98(2)(a) may relate to—

(a) all of the functions of the officer or member, including in relation to particular classes of proceeding; or

(b) the functions specified in the determination, including in relation to particular classes of proceeding, made by the person to stand down the officer or member.

(2) A judicial officer or non-judicial member of VCAT who has been stood down must not perform the functions of office to the extent that the member has been stood down in respect of those functions.

(3) If a judicial officer or non-judicial member of VCAT who has been stood down performs a function in respect of which the officer or member has been stood down, the function is taken to be validly performed, as if the officer has not been stood down.

(4) Nothing in this Division is to be taken to affect the payment of salary, allowances and other entitlements of a judicial officer or non-judicial member of VCAT who has been stood down.