Section 6M - Vacancy and resignation of Information Commissioner or Public Access Deputy Commissioner
Extract of legislation
| 6M | Vacancy and resignation of Information Commissioner or Public Access Deputy Commissioner | ||
| (1) | The Information Commissioner ceases to hold office if the Information Commissioner— | ||
| (a) | resigns by notice in writing delivered to the Minister; or | ||
| (b) | becomes an insolvent under administration; or | ||
| (c) | is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or | ||
| (d) | nominates for election for the Parliament of Victoria or of the Commonwealth or of another State or a Territory of the Commonwealth; or | ||
| (e) | nominates for election as a member of a council; or | ||
| (f) | is removed from office under section 6N. | ||
| (2) | The Public Access Deputy Commissioner ceases to hold office if the Deputy Commissioner— | ||
| (a) | resigns by notice in writing delivered to the Minister; or | ||
| (b) | becomes an insolvent under administration; or | ||
| (c) | is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or | ||
| (d) | nominates for election for the Parliament of Victoria or of the Commonwealth or of another State or a Territory of the Commonwealth; or | ||
| (e) | nominates for election as a member of a council; or | ||
| (f) | is removed from office under section 6O. | ||
| (3) | A resignation under subsection (1)(a) or (2)(a) takes effect on— | ||
| (a) | the day on which it is received by the Minister; or | ||
| (b) | if a later day is specified in the notice, on that day. | ||
Guidelines
Vacancy and resignation of the Information Commissioner or Public Access Deputy Commissioner
1.1
Section 6M outlines the procedure for the resignation and vacancy of the Information Commissioner and for the Public Access Deputy Commissioner.
1.2
The Information Commissioner and/or the Public Access Deputy Commissioner will stop holding office if either:
- resigns by notice in writing to the Minister;
- becomes an insolvent under administration;
- is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence;
- nominates for election for the Parliament of Victoria, or of the Commonwealth, or of another State or a Territory of the Commonwealth;
- nominates for election as a member of a council; or
- is removed from office.
1.3
If the Information Commissioner or the Public Access Deputy Commissioner resigns from their position, that resignation will take effect on:
- the day on which the resignation is received by the Minister; or
- if a later day is specified in the resignation notice, on that day.2
- Freedom of Information Act 1982 (Vic), section 6M(3).
- Freedom of Information Act 1982 (Vic), section 6M(3).
