6Office of Ombudsman

#### 6 Office of Ombudsman 6 Office of Ombudsman > > (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 a member of the Legislative Council or the Legislative Assembly, or > > > > > (b) is a member of a House of Parliament of another State or of the Commonwealth. > > > (4) The Ombudsman vacates the office of Ombudsman— > > > > > (a) (Repealed) > > > > > (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 office of Ombudsman is a statutory office and the provisions of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) relating to the employment of Public Service employees do not apply to that office. > > > (7) The Ombudsman is entitled to be paid— > > > > > (a) remuneration in accordance with the [Statutory and Other Offices Remuneration Act 1975](/view/html/inforce/current/act-1976-004), 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. > > **s 6:** Am 1976 No 4, Sch 5; 1983 No 189, Sch 2 (3); 1998 No 54, Sch 1.13 \[6\] \[7\]; 2002 No 42, Sch 3 \[1\]; 2014 No 33, Sch 3.21 \[5\]; 2019 No 14, Sch 1.14\[1\] \[2\].