219Modifications relating to Education and Care Services Ombudsman and staff

219 Modifications relating to Education and Care Services Ombudsman and staff

219 Modifications relating to Education and Care Services Ombudsman and staff

The Ombudsman Act applies as if it were modified—

(a) so that the provisions of the Act providing for the appointment of the Ombudsman and the conditions of service of the Ombudsman (other than the provisions providing for the resignation, retirement, suspension or removal of the Ombudsman) do not apply; and

(b) to provide that a reference to the Education and Care Services Ombudsman is taken to be a reference to the person appointed to that office by the Ministerial Council with the remuneration, and on the terms and conditions, decided by the Council; and

(c) so that the Education and Care Services Ombudsman may be—

(i) suspended from office by the Ministerial Council without the need for a statement of the grounds of the suspension to be laid before a House of Parliament; and

(ii) removed from office by the Ministerial Council on the ground of misconduct or physical or mental incapacity without the need for an address being presented to a House of Parliament; and

(d) so that the provisions of the Act providing for the Deputy Ombudsman and other staff of the Ombudsman do not apply; and

(e) to provide that the Education and Care Services Ombudsman may, for the purposes of performing the Ombudsman’s functions—

(i) employ staff; and

(ii) engage contractors or consultants; and

(iii) enter into arrangements with another entity relating to the provision of staff or other resources by that entity to the Ombudsman.