Judicial Council Act 2019
|
Term of membership of Sentencing Guidelines and Information Committee | ||
|
26. (1) Subject to section 27 (3), each member of the Sentencing Guidelines and Information Committee shall continue to be a member of the Committee for a term of 4 years from the date of his or her nomination or appointment, as the case may be, unless he or she sooner dies, resigns, becomes ineligible for membership or, in the case of a lay member, is removed from membership of the Committee. | ||
(2) Subject to subsection (3), a member of the Sentencing Guidelines and Information Committee whose term of membership expires with the passage of time shall be eligible for re-nomination or re-appointment as a member of the Committee for a further term of 4 years. | ||
(3) A member of the Sentencing Guidelines and Information Committee who has served 2 terms as a member of that Committee shall not be eligible for re-nomination or re-appointment, as the case may be, as a member of the Committee. | ||
(4) A member of the Sentencing Guidelines and Information Committee who is a judge may resign from that Committee by notice in writing given or sent to the chairperson of the Committee and the resignation shall take effect on the day on which the chairperson receives the notice. | ||
(5) A lay member of the Sentencing Guidelines and Information Committee may resign from that Committee by notice in writing given or sent to the Minister and the resignation shall take effect on the day on which the Minister receives the notice. | ||
(6) The lay member of the Sentencing Guidelines and Information Committee concerned shall give or send a copy of the notice under subsection (5) to the chairperson of the Sentencing Guidelines and Information Committee when he or she gives or sends the notice to the Minister or as soon as practicable thereafter. | ||
(7) Where a member of the Sentencing Guidelines and Information Committee who is a judge ceases to be a judge, he or she shall thereupon cease to be a member of the Committee. | ||
(8) The Government may at any time remove from the Sentencing Guidelines and Information Committee a lay member of the Committee if the Government is satisfied that the lay member— | ||
(a) has become incapable through ill health of effectively performing the functions of the office, | ||
(b) has committed stated misbehaviour, | ||
(c) has a conflict of interest of such significance that he or she should cease to hold office, or | ||
(d) is otherwise unfit to hold office or unable to discharge the functions of the office. | ||
(9) The Sentencing Guidelines and Information Committee may act notwithstanding any vacancy in its membership provided there are not less than— | ||
(a) 4 members of the Committee who are judges, and | ||
(b) 3 lay members of the Committee. |