Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) In this section –
"accumulation scheme" means the Tasmanian Accumulation Scheme established under the Public Sector Superannuation Reform Act 1999;
"complying superannuation scheme" means a complying superannuation fund as provided by the law of the Commonwealth;
"contributory scheme" means the superannuation arrangements provided by Part 5 of the Retirement Benefits Regulations 2005;
"RSA" means a Retirement Savings Account within the meaning of the Retirement Savings Accounts Act 1997 of the Commonwealth;
"Secretary" means the Secretary of the Department.
(1A) The Governor may appoint a person to be known as the Ombudsman.
(2) Subject to this Part, the Ombudsman holds office for such term, not exceeding 5 years, as may be specified in his instrument of appointment and may from time to time be reappointed for a further term, not exceeding 5 years, as may be so specified.
(3) . . . . . . . .
(4) A person who is a member of a House of Parliament of the Commonwealth, or of a State or Territory of the Commonwealth, or a candidate for election as a member of any such House of Parliament, is disqualified from holding, or being appointed to, the office of Ombudsman, and a person holding that office vacates that office on becoming so disqualified.
(5) For the purpose of subsection (4), a person becomes a candidate for election as a member of a House of Parliament when he is nominated for that election in accordance with the law regulating the election.
(6) The Ombudsman may, by writing under his hand addressed to the Governor, apply to resign his office, and he vacates that office on the acceptance of the application by the Governor.
(7) The Ombudsman shall not, except in so far as he is authorized so to do by resolutions of both Houses of Parliament or as expressly authorized by this Act or the Health Complaints Act 1995, hold any office of profit (other than his office as Ombudsman) or engage in any occupation for reward outside the duties of his office and, if the Ombudsman contravenes this subsection, he shall be regarded as being guilty of misconduct.
(8) The Ombudsman is entitled to such remuneration and expenses as the Governor determines, and holds office subject to such terms and conditions (if any) with respect to matters not provided in this Act as may be prescribed.
(9) Where a person is appointed as the Ombudsman –
(a) he or she is not eligible to become a member of the contributory scheme; and
(b) the application of the Public Sector Superannuation Reform Act 1999 extends to the Ombudsman as if he or she were an employee for the purposes of that Act; and
(c) subject to subsection (10), he or she is to be a member of the accumulation scheme.
(10) The Ombudsman may elect by notice in writing given to the Secretary, either before or after commencing the duties of that office, to become a member of an RSA or a complying superannuation scheme other than the accumulation scheme.
(10A) If the Ombudsman has become a member of an RSA or a complying superannuation scheme that is not the accumulation scheme, he or she may elect at any time while holding office as such to become a member of the accumulation scheme.
(11) The Ombudsman is entitled to employer superannuation contributions at the rate specified in the Public Sector Superannuation Reform Act 1999.
(12) Subsections (9), (10), (10A) and (11) do not apply to a person who, immediately before his or her appointment as the Ombudsman, was a contributor to the contributory scheme.
(13) . . . . . . . .