Australian Capital Territory Current Acts

OMBUDSMAN ACT 1989 - SECT 28D

    (1)     The Speaker must end the ombudsman's appointment if—

        (a)     the Legislative Assembly—

              (i)     passes a resolution under section 28C (4) (a); or

              (ii)     otherwise resolves to require the Speaker to end the ombudsman's appointment—

    (A)     for misbehaviour; or

    (B)     for physical or mental incapacity, if the incapacity substantially affects the exercise of the ombudsman's functions; or

        (b)     the ombudsman becomes bankrupt or personally insolvent.

    (2)     For a resolution mentioned in subsection (1) (a) (ii)—

        (a)     at least 7 days before the day the motion to which the resolution relates is first debated in the Legislative Assembly—

              (i)     the Assembly must be given the notice of the motion and a statement of reasons for the motion; and

              (ii)     the Speaker must—

    (A)     give the ombudsman a copy of the notice and the statement of reasons; and

    (B)     tell the ombudsman that a written submission about the motion may be made to the Speaker not later than 3 days after the day the ombudsman is given the notice; and

        (b)     the Speaker must give any written submission to the Legislative Assembly before the day the motion is first debated in the Legislative Assembly.

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

, s 179.

    (3)     The Speaker may end the ombudsman's appointment if the ombudsman is absent from duty, except on leave granted by the Speaker, for 14 consecutive days or for 28 days in any 12 months.

    (4)     The ombudsman's appointment may be ended by the Speaker only under this section or section 27 (Retirement).