Ombudsman (Amendment) Act 1991 (NSW)

OMBUDSMAN (AMENDMENT) ACT 1991 No. 3

NEW SOUTH WALES

TABLE OF PROVISIONS

1.      Short title

2.      Commencement

3. Amendment of Ombudsman Act 1974 No. 68

4 . Amendment of Public Sector Management Act 1988 No. 33

5. Amendment of Statutory and Other Offices Remuneration Act 1975 (1976 No. 4)

6. Transitional—current Deputy Ombudsman and Assistant Ombudsmen

OMBUDSMAN (AMENDMENT) ACT 1991 No. 3

NEW SOUTH WALES

Act No. 3 , 1991

An Act to amend the Ombudsman Act 1974 to make further provision with respect to the offices of Deputy Ombudsman and Assistant Ombudsmen; and for other purposes. [Assented to 17 April 1991]

Ombudsman (Amendment) 1991

The Legislature of New South Wales enacts:

Short title

1.         This Act may be cited as the Ombudsman (Amendment) Act 1991.

Commencement

2.         This Act commences on a day or days to be appointed by

proclamation.

Amendment of Ombudsman Act 1974 No. 68

3.         The Ombudsman Act 1994 is amended by omitting sections 8 and

8A and by inserting instead the following sections:

Deputy Ombudsman and Assistant Ombudsmen—appointment

etc.

8. (1) The Ombudsman may appoint a Deputy Ombudsman and one or more Assistant Ombudsmen.

(2) The provisions of section 6 (3) (b), (4) (b)-(d) and (5) apply to and in respect of the Deputy Ombudsman and an Assistant Ombudsman in the same way that they apply to and in respect of the Ombudsman.

(3) The employment of the Deputy Ombudsman and an Assistant Ombudsman is subject to Part 2A of the Public Sector Management Act 1988, but is not subject to Part 2 of that Act,

(4) Section 42Q (Removal of executive officers from office) of the Public Sector Management Act 1988 applies to and in respect of the Deputy Ombudsman and an Assistant Ombudsman as if the references in that section to the Governor were references to the Department Head within the meaning of that Act.

(5) If the Deputy Ombudsman or an Assistant Ombudsman is appointed as acting Ombudsman, he or she does not, on that account, cease to be Deputy Ombudsman or an Assistant Ombudsman.

Deputy Ombudsman and Assistant Ombudsmen—functions

8A. (1) The Deputy Ombudsman may, to the extent to which he or she is directed by the Ombudsman to do so, exercise any function of the Ombudsman other than the following functions:

3  Act No. 3

Ombudsman (Amendment) 1991

(a)	a function conferred or imposed by section 9, 10, 10A, 21A or 30;
(b)	the power to accept or to refuse to accept a delegation to which section 10B applies;
(c)	the power to exercise or to refuse to exercise a function conferred on the Ombudsman as referred to in section 10B.

(2) For the purposes of this Act (except section 37 (2) (d)), an

Assistant Ombudsman is a special officer of the Ombudsman.

Amendment of Public Sector Management Act 1988 No. 33

4. The Public Sector Management Act 1988 is amended by inserting

at the end of Part 2 (Statutory positions) of Schedule 3B the following

matter:

Deputy Ombudsman

An Assistant Ombudsman

Amendment of Statutory and Other Offices Remuneration Act 1975

(1976 No. 4)

5. The Statutory and Other Offices Remuneration Act 1975 is

amended:

(a)	by omitting from Part 1 of Schedule 2 the words “Deputy Ombudsman.”;
(b)	by omitting from Part 2 of Schedule 3 the words “Assistant Ombudsman.”.

Transitional—current	Deputy	Ombudsman	and	Assistant
Ombudsmen

(1) On the commencement of this section, a person who held office in the position of Deputy Ombudsman or Assistant Ombudsman immediately before that commencement is to be considered to have been appointed to that position under the Ombudsman Act 1974 (as amended by this Act) for whichever is the shorter of the following terms:

6.

(a) 5 years;

(b) the remainder of the person's term of office in that position under the Ombudsman Act 1974 (had this Act not been enacted).

Ombudsman (Amendment) 1991

(2) Such a person is not entitled to any compensation for ceasing to

hold office in that position under the Ombudsman Act 1974.

[Minister's second reading speech made in—

Legislative Assembly on 28 February 1991

Legislative on 10 April 1991]