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CONSTITUTION ACT 1975 - SECT 94E Independence of the Ombudsman

CONSTITUTION ACT 1975 - SECT 94E

Independence of the Ombudsman

    (1)     The Ombudsman appointed in accordance with the Ombudsman Act 1973 is an independent officer of the Parliament.

    (2)     The functions, powers, rights, immunities and obligations of the Ombudsman are as specified in this section, the Ombudsman Act 1973 and other laws of the State.

    (3)     There are no implied functions, powers, rights, immunities or obligations arising from the Ombudsman being an independent officer of the Parliament.

    (4)     The powers of the Parliament to act in relation to the Ombudsman are as specified in the Ombudsman Act 1973 .

    (5)     There are no implied powers of the Parliament arising from the Ombudsman being an independent officer of the Parliament.

    (6)     Subject to this section, the Ombudsman Act 1973 and other laws of the State, the Ombudsman has complete discretion in the performance or exercise of his or her functions or powers.

    (7)     The Ombudsman is not to be removed or suspended from office except in accordance with the provisions of sections 3 and 4 of the Ombudsman Act 1973 as in force immediately before the commencement of section 19 of the Constitution (Parliamentary Reform) Act 2003 or provisions substituted for those sections which have the same effect.

S. 94F inserted by No. 2/2003 s. 19.