SCHEDULE 1 - Tasmanian Nationa SCHEDULE 1 - Tasmanian National Preventive Mechanism

Section 8

1.   Interpretation of Schedule

In this Schedule –

Parliament includes the Parliament of the Commonwealth or of any State or Territory.

2.   Eligibility for appointment

(1) A person must not be appointed as, or carry out the role of, a Tasmanian national preventive mechanism if he or she –

(a) is, or becomes, a member of a House of Parliament; or

(b) is, or becomes, a candidate for election as a member of a House of Parliament; or

(c) has, within the previous 3 years, been a member of a House of Parliament.

(2) A person may hold office as a Tasmanian national preventive mechanism in conjunction with the office of Ombudsman under the Ombudsman Act 1978 .

3.   Acting Tasmanian national preventive mechanism

(1) In this clause, a Tasmanian national preventive mechanism is absent if he or she –

(a) is absent from duty; or

(b) is absent from Australia; or

(c) is suspended from the office of Tasmanian national preventive mechanism; or

(d) is otherwise unable to exercise the functions of that office.

(2) The Governor may appoint a person to act as a Tasmanian national preventive mechanism during any or every period during which a Tasmanian national preventive mechanism is absent.

(3) While a person appointed under subclause (2) is acting as a Tasmanian national preventive mechanism –

(a) that person is taken to be a Tasmanian national preventive mechanism; and