Australian Capital Territory Current Acts

OMBUDSMAN ACT 1989 - SECT 28A

    (1)     The Speaker may suspend the ombudsman on the ground of—

        (a)     misbehaviour; or

        (b)     physical or mental incapacity, if the incapacity substantially affects the exercise of the ombudsman's functions.

Note     Power given by a law to make a decision includes power to reverse or change the decision. The power to reverse or change the decision is exercisable in the same way, and subject to the same conditions, as the power to make the decision (see Legislation Act

, s 180).

    (2)     If the Speaker is considering suspending the ombudsman, the Speaker may ask 1 or more of the following for advice about the proposed suspension:

        (a)     the public sector standards commissioner;

        (b)     anyone else the Speaker considers appropriate.

    (3)     If the Speaker suspends the ombudsman, the Speaker must give the ombudsman written notice of the suspension and a copy of a statement of the reasons for the suspension.

Note     For what must be included in a statement of reasons, see the Legislation Act

, s 179.

    (4)     The suspension takes effect when the notice and statement are given to the ombudsman under subsection (3).

    (5)     The ombudsman may be suspended only under this section.

    (6)     The ombudsman is entitled to be paid salary and allowances while suspended.