Ombudsmen Act 1975 No 9 (as at 01 July 2009), Public Act

Act by section

3 Ombudsmen
  • (1) There shall be appointed, as officers of Parliament and Commissioners for Investigations, one or more Ombudsmen.

    (2) Subject to the provisions of section 7 of this Act, each Ombudsman shall be appointed by the Governor-General on the recommendation of the House of Representatives.

    (3) No person shall be deemed to be employed in the service of Her Majesty for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956 by reason of his appointment as an Ombudsman.

    (4) One of the Ombudsmen shall be so appointed as Chief Ombudsman, and shall be responsible for the administration of the office, and the co-ordination and allocation of the work between the Ombudsmen.

    (5) In any case where the Governor-General is satisfied that the Chief Ombudsman is incapacitated by illness, absence, or other sufficient cause from performing the duties of his office, the Governor-General may appoint one of the other Ombudsmen to act for the Chief Ombudsman during his incapacity.

    (6) No appointment of an acting Chief Ombudsman and no acts done by him as such, shall in any proceedings be questioned on the ground that the occasion for his appointment had not arisen or had ceased.

    Compare: 1962 No 10 s 2

    In subsection (3) the reference to the Government Superannuation Fund Act 1956 was substituted for a reference to the Superannuation Act 1956 by section 3(3) Government Superannuation Fund Amendment Act 1976 (1976 No 30), as from 1 November 1976.

    Subsection (3) was amended, as from 1 April 1988, by section 90(a) State Sector Act 1988 (1988 No 4) by substituting the words State Sector Act 1988 for the words State Services Act 1962.