8Deputy Ombudsman and Assistant Ombudsman

#### 8 Deputy Ombudsman and Assistant Ombudsman 8 Deputy Ombudsman and Assistant Ombudsman > > (1) The Ombudsman may appoint one or more Deputy Ombudsman and Assistant Ombudsman. > > > (1A) The Ombudsman must appoint a Deputy Ombudsman as the Community Services Commissioner for the purposes of the [Community Services (Complaints, Reviews and Monitoring) Act 1993](/view/html/inforce/current/act-1993-002). > > > (1B) The Ombudsman is to appoint a Deputy Ombudsman for the purpose of enabling the Ombudsman to monitor and assess Aboriginal programs under Part 3B. > > > (2) The provisions of section 6 (3) (b), (4) (b) and (c) 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 offices of Deputy Ombudsman and Assistant Ombudsman are statutory offices 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 those offices (except as provided by subsection (4B)). > > > (4) A Deputy Ombudsman and an Assistant Ombudsman hold office for such term, not exceeding 5 years, as may be specified in the instrument of appointment, but are eligible (if otherwise qualified) for re-appointment. > > > (4A) The employment of a Deputy Ombudsman and an Assistant Ombudsman is (subject to this section) to be governed by a contract of employment between the Deputy Ombudsman or Assistant Ombudsman and the Ombudsman. > > > (4B) The following provisions of or made under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) relating to the employment of Public Service senior executives apply to a Deputy Ombudsman and an Assistant Ombudsman (but in the application of those provisions a reference to the employer of any such executive is to be read as a reference to the Ombudsman)— > > > > > (a) provisions relating to the band in which an executive is to be employed, > > > > > (b) provisions relating to the contract of employment of an executive, > > > > > (c) provisions relating to the remuneration, employment benefits and allowances of an executive, > > > > > (d) provisions relating to the termination of employment of an executive. > > > (4C) The office of a Deputy Ombudsman or an Assistant Ombudsman becomes vacant if the holder— > > > > > (a) dies, or > > > > > (b) completes a term of office and is not re-appointed, or > > > > > (c) resigns the office by instrument in writing addressed to the Ombudsman, or > > > > > (d) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or > > > > > (e) becomes a mentally incapacitated person, or > > > > > (f) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or > > > > > (g) is removed from office under subsection (4B). > > > (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. > > **s 8:** Am 1983 No 189, Schs 1 (2), 2 (4); 1989 No 226, Sch 1. Subst 1991 No 3, sec 3. Am 2002 No 42, Sch 3 \[2\]–\[4\]; 2014 No 21, Sch 1 \[1\]; 2014 No 33, Sch 3.21 \[6\]; 2017 No 63, Sch 1.13 \[1\] \[2\]; 2022 No 39, Sch 1\[2\].