OMBUDSMAN ACT 2001 - SECT 68 Suspension of ombudsman and inspector of detention services on address

OMBUDSMAN ACT 2001 - SECT 68

68 Suspension of ombudsman and inspector of detention services on address

(1) The Governor may, on an address from the Assembly, suspend the ombudsman from office as the ombudsman and inspector of detention services.

(2) The motion for the address may be moved only by the Premier.

(3) The Premier may move the motion only if—

(a) the Premier has given the ombudsman a statement setting out the reasons for the motion; and

(b) the statement and any written response by the ombudsman have been tabled in the Assembly; and

(c) the Premier has consulted with the parliamentary committee about the motion; and

(d) agreement to the motion has been obtained from—

(i) all members of the parliamentary committee; or

(ii) a majority of members of the parliamentary committee, other than a majority consisting wholly of members of the political party or parties in government in the Assembly.

(4) The ombudsman is entitled to be paid salary and allowances as the ombudsman and inspector of detention services for the period of the suspension only if—

(a) the Assembly resolves that the salary and allowances be paid for the period; or

(b) the Assembly does not pass a resolution under paragraph (a) and the Governor in Council approves the payment of the salary and allowances for the period.