5Appointment, &c., of Ombudsman

5 Appointment, &c., of Ombudsman

(1)  [Section 5 Subsection (1) substituted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] [Section 5 Subsection (1) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 5 Subsection (1) omitted by No. 54 of 2016, s. 76, Applied:31 Mar 2017] .  .  .  .  .  .  .  .  

(1A)  [Section 5 Subsection (1A) inserted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] The Governor may appoint a person to be known as the Ombudsman.

(2)  Subject to this Part, the Ombudsman holds office for such term, not exceeding 5 years, as may be specified in his instrument of appointment and may from time to time be reappointed for a further term, not exceeding 5 years, as may be so specified.

(3)  [Section 5 Subsection (3) omitted by No. 17 of 2005, Sched. 1, Applied:10 Jun 2005] .  .  .  .  .  .  .  .  

(4)  A person who is a member of a House of Parliament of the Commonwealth, or of a State or Territory of the Commonwealth, or a candidate for election as a member of any such House of Parliament, is disqualified from holding, or being appointed to, the office of Ombudsman, and a person holding that office vacates that office on becoming so disqualified.

(5)  For the purpose of subsection (4) , a person becomes a candidate for election as a member of a House of Parliament when he is nominated for that election in accordance with the law regulating the election.

(6)  The Ombudsman may, by writing under his hand addressed to the Governor, apply to resign his office, and he vacates that office on the acceptance of the application by the Governor.

(7)  [Section 5 Subsection (7) amended by No. 30 of 2016, Sched. 2, Applied:16 Nov 2016] [Section 5 Subsection (7) amended by No. 95 of 1995, s. 80, Applied:01 May 1997] The Ombudsman shall not, except in so far as he is authorized so to do by resolutions of both Houses of Parliament or as expressly authorized by this Act, the or the , hold any office of profit (other than his office as Ombudsman) or engage in any occupation for reward outside the duties of his office and, if the Ombudsman contravenes this subsection, he shall be regarded as being guilty of misconduct.