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OMBUDSMAN ACT 1973 - SECT 8 Application of Public Administration Act 2004

OMBUDSMAN ACT 1973 - SECT 8

Application of Public Administration Act 2004

S. 8(1) amended by Nos 9059 s. 2(1)(Sch. item 31), 14/1988 s. 7, 62/1989 s. 7(a)(b), 46/1998 s. 7(Sch. 1), substituted by No. 32/2004 s. 5(2), amended by Nos 63/2004 s. 7(d), 108/2004 s. 117(1) (Sch.  3 item 144.5).

    (1)     A person who is the Ombudsman or Acting Ombudsman is not, in respect of the office of Ombudsman or Acting Ombudsman, subject to the Public Administration Act 2004 .

S. 8(2) amended by Nos 9059 s. 2(1)(Sch. item 32), 14/1988 s. 7, 62/1989 s. 7(a)(b), substituted by No. 46/1998 s. 7(Sch. 1), amended by Nos 32/2004 s. 5(3)(a), 30/2016 s. 70(2)(e).

    (2)     A person who is the Ombudsman or Acting Ombudsman and who, immediately before their appointment as such was an employee in the public service—

S. 8(2)(a) amended by Nos 32/2004 s. 5(3)(a), 30/2016 s. 70(2)(e)(f).

        (a)     is eligible to be employed in the public service at the termination of their office as the Ombudsman or Acting Ombudsman with a classification and emolument corresponding with or higher than that which the person last held or received in the public service immediately before their appointment as the Ombudsman or Acting Ombudsman as if their service as the Ombudsman or Acting Ombudsman had been service in the public service; and

S. 8(2)(b) amended by Nos 32/2004 s. 5(3)(a), 30/2016 s. 70(2)(f).

        (b)     for the purposes of long service leave, is to be taken to continue to be an employee in the public service while the person was Ombudsman or Acting Ombudsman.