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Suspension overview

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Suspension overview

  1. An Honorary Justice may be suspended as follows:
    1. If the Secretary believes that the Honorary Justice has unreasonably failed to undertake training or professional development.18
    2. If the Secretary is satisfied on reasonable grounds that:
      1. An investigation is warranted as to whether there are grounds for removal of the Honorary Justice from office,19
        or
      2. The Honorary Justice is charged with an offence, which, if the Honorary Justice were found guilty of or convicted of that offence, could justify removal from office.20
  2. The Secretary may only suspend an Honorary Justice on the grounds in 85 (b) ) if the Secretary is also satisfied that suspension is required:
    1. To protect the administration of justice,21 or
    2. Because public confidence in the office may be damaged if the Honorary Justice is not suspended.22
  3. In applying these criteria, the Secretary will take into account the need to support the Victorian justice system, and to retain public confidence in the justice system, including with Honorary Justices.
  4. If the Secretary decides to suspend an Honorary Justice, written notice of the suspension, including the grounds for the suspension and the date that it takes effect, will be given to the Honorary Justice.
  5. Where the Secretary decides to suspend an Honorary Justice on the basis that the Honorary Justice has failed to undertake training or professional development23, the suspension will take effect on a date specified in the notice being at least 21 days after the date of the notice.24
  6. If an Honorary Justice is suspended, and an investigator appointed under the Act reports that facts do not exist which could constitute grounds for removal, the Secretary will revoke the suspension as soon as practicable.25

 

Footnotes

[18] See Section 27(1) (a) and (b) of the Honorary Justices Act 2014.

[19] See Section 28(1) (a) of the Honorary Justices Act 2014.

[20] See Section 28(1) (b) of the Honorary Justices Act 2014.

[21] See Section 28(2) (a) of the Honorary Justices Act 2014.

[22] See Section 28(2) (b) of the Honorary Justices Act 2014.

[23] See Section 27 of the Honorary Justices Act 2014.

[24] This is in accordance with Section 29 of the Honorary Justices Act 2014.

[25] See Section 35(1) (b) of the Honorary Justices Act 2014.

Updated

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