Victorian Current Acts Victorian Current Acts(1) The Governor in Council may appoint an officer to be called the Commissioner for Environmental Sustainability.
(2) Subject to this section, the Commissioner holds office for a term not exceeding 5 years as is specified in the instrument of appointment.
(3) The Commissioner is eligible for re-appointment.
(4) The Commissioner is to be appointed on such terms and conditions, not inconsistent with this Act, as the Governor in Council determines.
(5) The Commissioner is entitled to be paid the remuneration and allowances determined by the Governor in Council.
S. 6(6) substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 35.2), 80/2006 s. 26(Sch. item 17).
(6) The Public Administration Act 2004 (other than Part 3, except as provided by section 16, of that Act) applies to the Commissioner in respect of the office of Commissioner.
(7) The Commissioner must not directly or indirectly engage in any paid employment outside the duties of the Commissioner.
(8) The office of the Commissioner becomes vacant if the Commissioner is convicted of an indictable offence, or of an offence which, if committed in Victoria, would be an indictable offence.
(9) The Commissioner may resign by notice in writing signed and addressed to the Governor in Council.
(10) The Governor in Council, on the recommendation of the Minister, may remove the Commissioner from office if the Commissioner has—
(a) refused, neglected or failed to carry out the duties of the office; or
(b) demonstrated inefficiency or misbehaviour in carrying out the duties.
(11) If the Commissioner is removed from office under subsection (10), the Minister must cause to be laid before each House of the Parliament a full statement of the grounds of the removal within 10 sitting days of that House after the removal.
(12) An act or decision of the Commissioner is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of the Commissioner.