Victorian Numbered Acts

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LEGAL PROFESSION UNIFORM LAW APPLICATION ACT 2014 (NO. 17 OF 2014) - SECT 38

When does a member's office become vacant?

    (1)     The office of a member becomes vacant if the member—

        (a)     becomes an insolvent under administration; or

        (b)     is found guilty of an indictable offence or an offence that, if committed in this jurisdiction, would be an indictable offence; or

        (c)     resigns by writing delivered to the Governor in Council; or

        (d)     is removed from office under subsection (2).

    (2)     The Governor in Council may remove a member from office if of the opinion that the member—

        (a)     is guilty of improper conduct in carrying out the duties of his or her office; or

        (b)     is mentally or physically incapable of carrying out satisfactorily the duties of his or her office; or

        (c)     has failed to comply with any term or condition of appointment.

    (3)     In addition to the circumstances set out in subsection (1), the office of an elected member becomes vacant if the member ceases to be an Australian legal practitioner whose home jurisdiction is Victoria.



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