sec.99Vacancy in office

### sec.99 Vacancy in office The office of public guardian becomes vacant— if the public guardian— 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 public guardian is suspended by the Minister under subsection (4) —during the period of suspension. The Governor in Council may, at any time, remove the public guardian from office on the recommendation of the Minister. The Minister may recommend the public guardian’s removal if the Minister is satisfied the public guardian— 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 public guardian for up to 60 days by signed notice to the public guardian if— there is an allegation of misconduct against the public guardian; or the Minister is satisfied a matter has arisen in relation to the public guardian that may be grounds for removal under this section. s 99 amd 2023 No. 23 s 247 sch 1 s 2 (2) (sec.99-ssec.1) The office of public guardian becomes vacant— if the public guardian— 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 public guardian is suspended by the Minister under subsection (4) —during the period of suspension. (sec.99-ssec.2) The Governor in Council may, at any time, remove the public guardian from office on the recommendation of the Minister. (sec.99-ssec.3) The Minister may recommend the public guardian’s removal if the Minister is satisfied the public guardian— 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.99-ssec.4) The Minister may suspend the public guardian for up to 60 days by signed notice to the public guardian if— there is an allegation of misconduct against the public guardian; or the Minister is satisfied a matter has arisen in relation to the public guardian that may be grounds for removal under this section. - (a) if the public guardian— (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 - (iv) is removed from office by the Governor in Council under subsection (2) ; or - (b) if the public guardian is suspended by the Minister under subsection (4) —during the period of suspension. - (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 - (a) has been guilty of misconduct; or - (b) is incapable of performing his or her duties; or - (c) has neglected his or her duties or performed them incompetently. - (a) there is an allegation of misconduct against the public guardian; or - (b) the Minister is satisfied a matter has arisen in relation to the public guardian that may be grounds for removal under this section.