6Terms and conditions of appointment of Deputy Commissioners

6 Terms and conditions of appointment of Deputy Commissioners (1) A Deputy Commissioner holds office for the period, not exceeding 5 years, specified in his or her instrument of appointment. (2) A Deputy Commissioner is eligible to be reappointed. (3) A Deputy Commissioner is appointed on the terms and conditions (including remuneration and allowances) that are specified in his or her instrument of appointment. 7 When does a Deputy Commissioner's office become vacant? The office of a Deputy Commissioner becomes vacant if the Deputy Commissioner— Sch. 1 cl. 7(b) amended by No. 13/2019 s. 221(Sch. 1 item 59.2). (b) becomes a represented person within the meaning of the **Guardianship and Administration Act 2019**; or (c) resigns or retires in accordance with clause 8; or (d) is removed from office under clause 9. 8 Resignation or retirement of Deputy Commissioners (1) A Deputy Commissioner may resign or retire by giving written notice of not less than 3 months to the Governor in Council. (2) Despite subclause (1), the Governor in Council may accept the resignation or retirement of a Deputy Commissioner on less than 3 months notice. 9 Removal of Deputy Commissioners (1) The Governor in Council may remove a Deputy Commissioner from office on the recommendation of the Minister on any of the grounds specified in subclause (2). (2) The grounds for removal are that the Deputy Commissioner— (a) has engaged in misconduct; or (b) is found guilty in Victoria of an indictable offence or elsewhere of an offence that, if committed in Victoria, would be an indictable offence; or (c) has engaged in paid employment outside the office of Deputy Commissioner without the prior consent of the Chief Commissioner; or (d) has brought Victoria Police into disrepute; or (e) has neglected his or her duties; or (f) is incapable of, or inefficient in, performing his or her duties. (3) The Minister must consult the Chief Commissioner before recommending that a Deputy Commissioner be removed from office. 10 Suspension of Deputy Commissioner (1) The Governor in Council may suspend a Deputy Commissioner from office on the recommendation of the Minister. (2) The Minister may recommend suspension under subclause (1) only if he or she believes that grounds may exist for the removal of the Deputy Commissioner from office under clause 9. (3) The Governor in Council may lift the suspension and restore the Deputy Commissioner to office at any time. (4) The Governor in Council must lift the suspension and restore the Deputy Commissioner to office at the expiry of the period of 30 days after the date of the suspension unless— (a) the suspension has been lifted earlier under subclause (3); or (b) the Deputy Commissioner has been removed from office under clause 9.