Victorian Current Acts

CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 - SCHEDULE 1

Schedule 1––Provisions with respect to members of the Panel

Section 59(3)

        1     Judicial members

    (1)     The judicial members—

        (a)     are to be appointed by the Governor in Council; and

        (b)     hold office for a period of 5 years; and

        (c)     are eligible for re-appointment at the end of the term of office; and

Sch. 1 cl. 1(1)(d) amended by Nos 46/1998
s. 7(Sch. 1), 108/2004 s. 117(1) (Sch.  3 item 50.2).

        (d)     are not in respect of the office of member subject to the provisions of the Public Administration Act 2004 .

    (2)     The appointment of a judge to the Panel does not affect his or her tenure of office as a judge or rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as the holder of an office as a judge and, for all purposes, service as a member of the Panel is to be taken to be service as the holder of an office as a judge.

    (3)     For the purposes of sections 80A(5A)(a) and 83(4) of the Constitution Act 1975 and sections 13A(5A)(a) and (5C) of the County Court Act 1958 , the office of judicial member is not to be taken to be a judicial office or an office or place of profit under the Crown.

        2     Other members

    (1)     Each member of the Panel (other than the judicial members and the chief psychiatrist or his or her nominee)—

        (a)     is to be appointed by the Governor in Council on the nomination of the Minister; and

        (b)     holds office for the term specified in his or her instrument of appointment, which must be no longer than 4 years; and

        (c)     is eligible for re-appointment at the end of the term of office; and

        (d)     is entitled to be paid—

              (i)     the remuneration that is fixed from time to time by the Governor in Council; and

              (ii)     the travelling and other expenses that are fixed by the Governor in Council; and

Sch. 1 cl. 2(1)(e) amended by No. 46/1998
s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch.  3 item 50.3), 80/2006 s. 26(Sch. item 22).

        (e)     is in respect of the office of member subject to the Public Administration Act 2004 (other than Part 3 of that Act).

    (2)     In nominating people for appointment to the Panel, the Minister must have regard to—

        (a)     the matters that the Panel has jurisdiction to hear and determine; and

        (b)     the need for the Panel to be comprised of both males and females so qualified by knowledge and experience that the Panel is capable of exercising the jurisdiction and performing the functions conferred on it.

    (3)     In the case of the first appointment of members of the Panel—

        (a)     as nearly as possible to half the number of members appointed are to hold office for a term of 2 years from their respective appointments; and

        (b)     the remainder of members first appointed are to hold office for a term of 4 years from their respective appointments.

        3     Acting members

    (1)     If a member is unable, whether on account of illness or otherwise, to perform the duties of office, the Governor in Council may appoint an eligible person to act as that member during the period of inability.

    (2)     If an acting member has been appointed and the member for whom he or she is acting ceases to hold office without having resumed the performance of the duties of office, the appointment of the acting member continues until—

        (a)     it is terminated by the Governor in Council; or

        (b)     12 months after the member ceases to hold office—

whichever occurs first.

    (3)     An acting member—

        (a)     has all the powers and may perform all the duties of the member for whom they are acting; and

        (b)     except in the case of an acting judicial member, is entitled to be paid—

              (i)     the remuneration that is fixed from time to time by the Governor in Council; and

              (ii)     the travelling and other expenses that are fixed by the Governor in Council.

    (4)     If the appointment of an acting member expires (whether because of effluxion of time, the resumption of duty by the member for whom they are acting or the filling of the relevant vacancy) at a time when the acting member is engaged in a hearing of a matter by the Panel, the acting member's appointment continues until the matter has been finally determined by the Panel.

        4     Judicial members

A judicial member ceases to hold office on ceasing to hold the office of judge.

        5     General provisions as to members

    (1)     The Governor in Council may specify terms and conditions of appointment in the instrument of appointment of a member.

    (2)     The Governor in Council, on the recommendation of the Minister after consultation with the judicial members, may remove or suspend any member (other than the judicial members or the chief psychiatrist or his or her nominee) from office.

    (3)     A member may resign from the office of member by writing signed by the member and delivered to the Governor in Council.

    (4)     If any member (other than the judicial members or the chief psychiatrist or his or her nominee)—

        (a)     becomes bankrupt; or

        (b)     is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or

        (c)     becomes incapable of performing the duties of a member—

the office held by that member becomes vacant.

    (5)     If the appointment of any member expires at a time when that member is engaged in the hearing of a matter by the Panel, the appointment continues until the matter has been finally determined by the Panel.