South Australian Consolidated Acts

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OMBUDSMAN ACT 1972 - SECT 10

10—Term of office of the Ombudsman etc

        (1)         The Ombudsman shall be appointed for a term expiring on the day on which he or she attains the age of 65 years.

        (2)         The Governor may remove the Ombudsman from office upon the presentation of an address from both Houses of Parliament seeking the Ombudsman's removal.

        (3)         The Governor may suspend the Ombudsman from office on the ground of incompetence or misbehaviour and, in that event—

            (a)         a full statement of the reason for the suspension must be laid before both Houses of Parliament within seven days of the suspension if Parliament is then in session or, if not, within seven days of the commencement of the next session of Parliament; and

            (b)         if, at the expiration of one month from the date on which the statement was laid before Parliament, an address from both Houses of Parliament seeking the Ombudsman's removal has not been presented to the Governor, the Ombudsman must be restored to office.

        (4)         The office of Ombudsman becomes vacant if the Ombudsman

            (a)         dies; or

            (b)         attains the age of 65 years; or

            (c)         resigns by written notice delivered to the Governor; or

            (d)         is removed from office by the Governor under subsection (2); or

            (e)         becomes bankrupt or applies as a debtor to take the benefit of the laws relating to bankruptcy; or

            (f)         is convicted of an indictable offence or sentenced to imprisonment for an offence; or

            (g)         becomes a member of the Parliament of this State or any other State of the Commonwealth or of the Commonwealth or becomes a member of a Legislative Assembly of a Territory of the Commonwealth; or

            (h)         becomes, in the opinion of the Governor, mentally or physically incapable of carrying out satisfactorily the duties of office.

        (5)         Except as is provided by this section, the Ombudsman shall not be removed or suspended from office, nor shall the office of the Ombudsman become vacant.



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