(1) The Governor may, on the recommendation of the Minister, appoint an Ombudsman on such terms and conditions as are specified in the instrument of appointment.(2) Subject to this Act, the Ombudsman holds office for such period, not exceeding seven years, as is specified in the instrument of his or her appointment and is eligible for re-appointment.(3) A person is not eligible for appointment as Ombudsman if the person:(a) is of or above the age of 65 years, or(b) is a member of the Legislative Council or the Legislative Assembly or is a member of a House of Parliament of another State or of the Commonwealth.(4) The Ombudsman vacates the office of Ombudsman:(a) on the day on which he or she attains the age of 65 years, or(b) if he or she engages in any paid employment outside the duties of the office, or(c) if he or she is nominated for election as a member of the Legislative Council or the Legislative Assembly or as a member of a House of Parliament of another State or of the Commonwealth, or(d) if he or she resigns the office by instrument in writing addressed to the Governor and the Governor accepts the resignation.(5) The Ombudsman may, at any time, be removed from office by the Governor upon the address of both Houses of Parliament.(6) The provisions of the Public Sector Management Act 1988 do not apply to the appointment of the Ombudsman and the Ombudsman is not subject to those provisions.(7) The Ombudsman is entitled to be paid:(a) remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975, and(b) such travelling and subsistence allowances as the Minister may from time to time determine in respect of the Ombudsman.(8) The Ombudsman has and may exercise the functions conferred or imposed on the Ombudsman by or under this or any other Act.(9) Despite subsection (4) (b), the Ombudsman does not vacate the office of Ombudsman if the Ombudsman engages in paid employment outside the duties of the office with the approval of the Minister.
6A Veto of proposed appointment of Ombudsman
(1) A person is not to be appointed as Ombudsman until:(a) a proposal that the person be appointed has been referred to the Joint Committee under section 31BA, and(b) either the period that the Joint Committee has under that section to veto the proposed appointment has ended without the Committee having vetoed the proposed appointment or the Committee notifies the Minister that it has decided not to veto the proposed appointment.(2) A person may be proposed for appointment on more than one occasion.(3) In this section and section 31BA, appointment includes re-appointment.
(1) The Governor may, on the recommendation of the Minister, appoint an acting Ombudsman during the absence of the Ombudsman or during a vacancy in the office of Ombudsman.(2) An acting Ombudsman is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the Ombudsman.(3) No person shall be concerned to inquire whether or not any occasion has arisen requiring or authorising an acting Ombudsman to act as Ombudsman.(4) An acting Ombudsman when acting as Ombudsman is taken to be the Ombudsman.
8 Deputy Ombudsman and Assistant Ombudsman—appointment etc
(1) The Ombudsman may appoint one or more Deputy Ombudsman and Assistant Ombudsman.(1A) The Ombudsman must appoint a Deputy Ombudsman as the Community and Disability Services Commissioner for the purposes of the Community Services (Complaints, Reviews and Monitoring) Act 1993.(2) The provisions of section 6 (3) (b), (4) (b)–(d) and (5) apply to and in respect of a Deputy Ombudsman and an Assistant Ombudsman in the same way that they apply to and in respect of the Ombudsman.(3) The employment of a Deputy Ombudsman and an Assistant Ombudsman is subject to Part 2A of the Public Sector Management Act 1988, but is not subject to Part 2 of that Act.(4) Section 42Q (Removal of executive officers from office) of the Public Sector Management Act 1988 applies to and in respect of a Deputy Ombudsman and an Assistant Ombudsman as if the references in that section to the Governor were references to the Department Head within the meaning of that Act.(5) If a Deputy Ombudsman or an Assistant Ombudsman is appointed as acting Ombudsman, he or she does not, on that account, cease to be Deputy Ombudsman or an Assistant Ombudsman.(6) Despite subsection (2), section 6 (4) (b) does not apply to or in respect of a Deputy Ombudsman or an Assistant Ombudsman if the Deputy Ombudsman or Assistant Ombudsman engages in paid employment outside the duties of the office of Deputy Ombudsman or Assistant Ombudsman with the approval of the Ombudsman.
8A Deputy Ombudsman and Assistant Ombudsman—functions
(1) A Deputy Ombudsman may, to the extent to which he or she is directed by the Ombudsman to do so, exercise any function of the Ombudsman other than the following functions:(a) a function conferred or imposed by section 9, 10, 10A, 21C or 30,(b) the power to accept or to refuse to accept a delegation to which section 10B applies,(c) the power to exercise or to refuse to exercise a function conferred on the Ombudsman as referred to in section 10B.(2) For the purposes of this Act (except section 37 (2) (d)), an Assistant Ombudsman is a special officer of the Ombudsman.
8B Acting Deputy Ombudsman and Assistant Ombudsman
(1) The Ombudsman may, from time to time, appoint a person to be an acting Deputy Ombudsman or Assistant Ombudsman, and the Ombudsman may revoke any such appointment.(2) In the absence of a Deputy Ombudsman or an Assistant Ombudsman, a person so appointed is to act in the place of the Deputy Ombudsman or Assistant Ombudsman.(3) While acting in the place of a Deputy Ombudsman or an Assistant Ombudsman, a person has all the functions of the Deputy Ombudsman or Assistant Ombudsman and is taken to be a Deputy Ombudsman or an Assistant Ombudsman.
The Ombudsman may appoint an officer of the Ombudsman to be a special officer of the Ombudsman.
(1) Subject to subsection (2), the Ombudsman may delegate to a special officer of the Ombudsman the exercise of any functions of the Ombudsman, including any function which the Ombudsman may exercise pursuant to section 10B.(2) The Ombudsman may not delegate the exercise of:(a) any function to make any report under this Act, except in accordance with subsection (2A),(b) any function conferred by section 9, 10A or 21C, or the power to accept or to refuse to accept a delegation to which section 10B applies or the power to exercise or to refuse to exercise a function conferred on the Ombudsman as referred to in that section,(b1) any function conferred by section 19 (2), other than to an Assistant Ombudsman, or(c) the function conferred by subsection (1).(d), (e) (Repealed)(2A) The Ombudsman may delegate the exercise of the function to make a report:(a) under section 26 or 29, to an Assistant Ombudsman, and(b) under section 28 or 29 (1) (a) or (2) (a), to a special officer of the Ombudsman.(3) A delegation under this section may be made subject to conditions or limitations as to the exercise of any of the functions delegated, or as to time or circumstances.(4) A delegation under this section must be made by instrument in writing.(5) An instrument of delegation must specify:(a) the functions the exercise of which is delegated, and(b) any conditions or limitations on the delegation.(6) The Ombudsman may revoke a delegation under this section at any time, whether made by the Ombudsman or not.(7) A delegation under this section is not revoked by the happening of a vacancy in the office of Ombudsman or by an absence or disability of the Ombudsman, except to the extent that the instrument of delegation so provides.(8) During a vacancy in the office of Ombudsman, if there is no acting Ombudsman, the Minister may revoke a delegation under this section.(9) Notwithstanding any delegation made under this section, the Ombudsman may continue to exercise all or any of the functions delegated.
10A Delegation to other Ombudsman
(1) The Ombudsman may delegate the exercise of any functions of the Ombudsman under sections 13A, 18, 19 (1), 20 and 23 to a person who is empowered to exercise under a law of another State, the Commonwealth or a Territory of the Commonwealth functions similar to the functions exercised by the Ombudsman under this Act, where:(a) the Ombudsman is of the opinion that an investigation authorised to be carried out by the Ombudsman under this Act may more effectively or more appropriately be carried out by the person to whom it is proposed the delegation be made, and(b) the delegation is for the purpose of enabling that person to carry out that investigation.(2) A delegation under this section may be made subject to conditions or limitations as to the exercise of any of the functions delegated, or as to time or circumstances.(3) A delegation under this section must be made by instrument in writing.(4) An instrument of delegation must specify:(a) the functions the exercise of which is delegated, and(b) any conditions or limitations on the delegation.(5) The Ombudsman may revoke a delegation under this section at any time, whether made by that Ombudsman or not.(6) A delegation under this section is not revoked by the happening of a vacancy in the office of Ombudsman or by an absence or disability of the Ombudsman, except to the extent that the instrument of delegation so provides.(7) During a vacancy in the office of Ombudsman, if there is no acting Ombudsman, the Minister may revoke a delegation under this section.(8) Notwithstanding any delegation made under this section, the Ombudsman may continue to exercise all or any of the functions delegated.(9) Where the exercise of a function is delegated under this section, then, for the purpose of enabling a person to carry out an investigation, as referred to in subsection (1) (b), that investigation shall, for the purposes of:(a) the provisions of this Act which confer or impose the delegated function, and(b) the provisions of sections 21 and 24,be an investigation under this Act, and references in those provisions to the Ombudsman shall be construed as including references to the delegate.(10) Where the exercise of a function is delegated under this section, the provisions of sections 34, 35 and 35A apply to and in respect of the delegate and officers of the delegate in the same way as those provisions apply to and in respect of the Ombudsman and officers of the Ombudsman.
10B Delegation from other jurisdictions
(1) Where by or under the law of another State, the Commonwealth or a Territory of the Commonwealth any function is conferred on or delegated to the Ombudsman, the Ombudsman may:(a) exercise the function so conferred or may refuse to exercise the function, or(b) accept the delegation and exercise the function so delegated or may refuse to accept the delegation.(2) Except where otherwise expressly provided, a function exercised by the Ombudsman in pursuance of subsection (1) shall, for the purposes of this Act, be deemed to be exercised in the course of the Ombudsman’s office or in the execution of this Act, as the case may require.
Any act or thing done, suffered or omitted:(a) pursuant to this or any other Act by an acting Ombudsman or a Deputy Ombudsman, or(b) pursuant to a delegation under section 10 or 10A,has the same force and effect as if done, suffered or omitted by the Ombudsman.