Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) The Executive may remove the ombudsman from office on an address praying for his or her removal on the ground of misbehaviour or physical or mental incapacity being presented to the Executive by the Legislative Assembly.
Note The ombudsman's appointment also ends if the ombudsman resigns (see Legislation Act, s 210).
(2) The Executive may suspend the ombudsman from office on the ground of misbehaviour or physical or mental incapacity.
(3) The Minister must present a statement of the grounds of the suspension to the Legislative Assembly not later than 7 sitting days after the day the ombudsman is suspended from office.
(4) If a statement is presented to the Legislative Assembly under subsection (3)—
(a) the Assembly may, not later than 15 sitting days after the day the statement is presented to the Assembly, by resolution, declare that the ombudsman should be removed from office; and
(b) if the Assembly makes a declaration under paragraph (a)—the Executive must remove the ombudsman from office.
(5) If, at the end of 15 sitting days of the Legislative Assembly after the day on which the statement has been laid before it, the Legislative Assembly has not passed such a resolution, the suspension terminates.
(6) The Executive must remove the ombudsman from office if the ombudsman becomes bankrupt or executes a personal insolvency agreement.
(7) If the ombudsman is absent from duty, except on leave granted by the Minister, for 14 consecutive days or for 28 days in any 12 months, the Executive may remove the ombudsman from office.
(8) The ombudsman shall not be removed or suspended from office except as provided by this section.
(9) The suspension of the ombudsman from office does not affect any entitlement of the ombudsman to be paid remuneration and allowances.
(10) This section does not apply if the Commonwealth ombudsman holds the office of ombudsman.