Justices of the Peace and Commissioners for Declarations Act 1991
sec.31CSuspension of appointment
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sec.31C Suspension of appointment
The chief executive may, by notice given to an appointee, suspend their appointment if— the chief executive believes a ground exists for revoking the appointment; or the chief executive considers an investigation is warranted as to whether a ground exists for revoking the appointment; or the appointee has been charged with— an indictable offence; or an offence involving dishonesty; or an offence involving a breach of confidentiality; or an offence against this Act; or the chief executive is satisfied the appointee has not complied with a requirement under section 32 (2) and does not have a reasonable excuse for the non-compliance. The chief executive must give a notice to the appointee ending the suspension if— for a suspension under subsection (1) (a) because the person has a disqualifying conviction—the chief executive grants an exemption under section 17B in relation to the conviction or the person otherwise ceases to have a disqualifying conviction; or an investigation under section 31D is completed and, after receiving the investigator’s report, the chief executive does not believe a ground exists for revoking the appointment; or the Minister gives the chief executive a notice under section 31E (3) (b) ; or for a suspension under subsection (1) (c) —the charge is finally dealt with other than by convicting the appointee; or for a suspension under subsection (1) (d) —the appointee complies with the requirement or the chief executive is satisfied the appointee has a reasonable excuse for the non-compliance. Before, or as soon as practicable after, suspending an appointment under subsection (1) (b) , the chief executive must make a request under section 31D (1) . An appointment may be suspended under more than 1 ground mentioned in subsection (1) . s 31C ins 2023 No. 23 s 96 (sec.31C-ssec.1) The chief executive may, by notice given to an appointee, suspend their appointment if— the chief executive believes a ground exists for revoking the appointment; or the chief executive considers an investigation is warranted as to whether a ground exists for revoking the appointment; or the appointee has been charged with— an indictable offence; or an offence involving dishonesty; or an offence involving a breach of confidentiality; or an offence against this Act; or the chief executive is satisfied the appointee has not complied with a requirement under section 32 (2) and does not have a reasonable excuse for the non-compliance. (sec.31C-ssec.2) The chief executive must give a notice to the appointee ending the suspension if— for a suspension under subsection (1) (a) because the person has a disqualifying conviction—the chief executive grants an exemption under section 17B in relation to the conviction or the person otherwise ceases to have a disqualifying conviction; or an investigation under section 31D is completed and, after receiving the investigator’s report, the chief executive does not believe a ground exists for revoking the appointment; or the Minister gives the chief executive a notice under section 31E (3) (b) ; or for a suspension under subsection (1) (c) —the charge is finally dealt with other than by convicting the appointee; or for a suspension under subsection (1) (d) —the appointee complies with the requirement or the chief executive is satisfied the appointee has a reasonable excuse for the non-compliance. (sec.31C-ssec.3) Before, or as soon as practicable after, suspending an appointment under subsection (1) (b) , the chief executive must make a request under section 31D (1) . (sec.31C-ssec.4) An appointment may be suspended under more than 1 ground mentioned in subsection (1) .