Draft Fiji Indeffectence

Fiji Indeffendence Order, 197

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CHAPTER IX

THE OMBUDSMAN

112. (1) There shall be an Ombudsman, whose office shall be a public office.

Office of

(2) The Ombudsman shall be appointed by the Governor-General, Ombudsman. acting after consultation with the Prime Minister, the Leader of the Opposition and such other persons, if any, as appear to the Governor- General, acting in his own deliberate judgment, to be leaders of parties in the House of Representatives.

(3) A person shall not be qualified to be appointed as Ombudsman if he is a member of the House of Representatives, a member of the Senate, a member of any local authority, a candidate for election as a member of the House of Representatives or a local authority nominated as such with his consent or a local government officer.

(4) The Ombudsman shall not perform the functions of any other public office, and shall not, without the approval of the Prime Minister in each particular case, hold any other office of emolument other than the office of Ombudsman or engage in any occupation for reward out- side the duties of his office..

(5) Subject to the provisions of section 108 of this Constitution, the Ombudsman shall vacate his office-

(a) at the expiration of four years from the date of his appointment;

or

(b) if any circumstances arise that, if he were not the holder of that office, would cause him to be disqualified for appointment as such.

113.-1) Subject to the provisions of this section, the Ombudsman Investiga may investigate any action taken by any officer or authority to which tions by

Ombudsman. this section applies in the exercise of administrative functions of that officer or authority, in any case in which-

(a) a complaint under this section is made alleging that a person or body of persons has suffered injustice in consequence of that action;

(b) he is invited to do so by any Minister or any member of the

House of Representatives or the Senate; or

(c) he considers it desirable to do so of his own motion.

(2) This section applies to the following officers and authorities- (a) any department of the Government or officer of such a depart-

ment;

(b) the Police Force or any member thereof;

(c) the Fiji Prison Service, Aerodromes Fire Service or any other service maintained and controlled by the Government or any officer or authority of any such service ;

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