Document ID: chunk:federal_register_of_legislation:C2025C00095:section:28
Version: federal_register_of_legislation:C2025C00095
Segment Type: section
Provision Reference: s 28
Character Range: 331306–333315

28  Suspension and removal of Ombudsman
 (1) The Governor‑General may remove an Ombudsman from office on an address praying for his or her removal on the ground of misbehaviour or physical or mental incapacity being presented to the Governor‑General by each House of the Parliament in the same session of the Parliament.
 (2) The Governor‑General may suspend an Ombudsman from office on the ground of misbehaviour or physical or mental incapacity.
 (3) Where the Governor‑General suspends an Ombudsman from office, the Minister shall cause a statement of the grounds of the suspension to be laid before each House of the Parliament within 7 sitting days of the House after the suspension.
 (4) Where such a statement has been laid before a House of the Parliament, that House may, within 15 sitting days of that House after the day on which the statement has been laid before it, by resolution, declare that the Ombudsman should be removed from office and, if each House so passes such a resolution, the Governor‑General shall remove the Ombudsman from office.
 (5) If, at the expiration of 15 sitting days of a House of the Parliament after the day on which the statement has been laid before that House, that House has not passed such a resolution, the suspension terminates.
 (6) The suspension of an Ombudsman from office under this section does not affect any entitlement of the Ombudsman to be paid remuneration and allowances.
 (7) If an Ombudsman becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, the Governor‑General shall remove him or her from office.
 (7A) If an Ombudsman is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months, the Governor‑General may remove him or her from office.
 (8) An Ombudsman shall not be removed or suspended from office except as provided by this section.