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Ombudsman Act 2001
sec.59Procedure before appointment
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### sec.59 Procedure before appointment
A person may be appointed as the ombudsman and the inspector of detention services only if—
the Minister has placed press advertisements nationally calling for applications from suitably qualified persons to be considered for appointment; and
the person has been selected for appointment in accordance with a process for selection approved by the parliamentary committee; and
the Minister has obtained the parliamentary committee’s approval for the appointment of the person as the ombudsman and the inspector of detention services.
For subsection (1) (c) , the parliamentary committee—
must decide to give or not give the approval within 20 business days after receiving the request for the approval from the Minister (the original period ) or within the further period agreed under subsection (3) ; and
is taken to have approved the appointment of the person as the ombudsman and the inspector of detention services if the committee does not notify the Minister of its decision under paragraph (a) within the period stated in that paragraph.
The Minister and chair of the parliamentary committee may, before the end of the original period, agree to extend the original period by a further period of not more than 20 business days.
Subsection (1) (a) and (b) does not apply to the reappointment of a person as the ombudsman and the inspector of detention services.
s 59 amd 2022 No. 18 s 67 ; 2024 No. 3 s 50
(sec.59-ssec.1) A person may be appointed as the ombudsman and the inspector of detention services only if— the Minister has placed press advertisements nationally calling for applications from suitably qualified persons to be considered for appointment; and the person has been selected for appointment in accordance with a process for selection approved by the parliamentary committee; and the Minister has obtained the parliamentary committee’s approval for the appointment of the person as the ombudsman and the inspector of detention services.
(sec.59-ssec.2) For subsection (1) (c) , the parliamentary committee— must decide to give or not give the approval within 20 business days after receiving the request for the approval from the Minister (the original period ) or within the further period agreed under subsection (3) ; and is taken to have approved the appointment of the person as the ombudsman and the inspector of detention services if the committee does not notify the Minister of its decision under paragraph (a) within the period stated in that paragraph.
(sec.59-ssec.3) The Minister and chair of the parliamentary committee may, before the end of the original period, agree to extend the original period by a further period of not more than 20 business days.
(sec.59-ssec.4) Subsection (1) (a) and (b) does not apply to the reappointment of a person as the ombudsman and the inspector of detention services.
- (a) the Minister has placed press advertisements nationally calling for applications from suitably qualified persons to be considered for appointment; and
- (b) the person has been selected for appointment in accordance with a process for selection approved by the parliamentary committee; and
- (c) the Minister has obtained the parliamentary committee’s approval for the appointment of the person as the ombudsman and the inspector of detention services.
- (a) must decide to give or not give the approval within 20 business days after receiving the request for the approval from the Minister (the original period ) or within the further period agreed under subsection (3) ; and
- (b) is taken to have approved the appointment of the person as the ombudsman and the inspector of detention services if the committee does not notify the Minister of its decision under paragraph (a) within the period stated in that paragraph.