Ombudsman (Komesina o Sulufaiga) Act 2013 7 may remove the Ombudsman from office for inability to perform the functions of the office arising from infirmity of body or mind or for misconduct in office. (2) The Ombudsman may not otherwise be removed except under this section. (3) If the Legislative Assembly considers that the question of removal from office ought to be investigated, the Legislative Assembly may appoint a tribunal, consisting of: (a) a retired judge in Samoa or elsewhere or a lawyer qualified for appointment as a judge of the Supreme Court, as chairperson; and (b) two other members. (4) If the question relates to infirmity of body or mind, one of the members under subsection (3)(b) must be a medical practitioner registered under the Medical Practitioners Act 2007. (5) The tribunal must enquire into the matter and provide a written report of the facts and its findings to the Legislative Assembly. (6) If the question of removing the Ombudsman has been referred to the tribunal, the Head of State, acting on the recommendation of the Legislative Assembly, may suspend the person from office pending the determination of the question of removal. (7) The terms and conditions for a tribunal are to be prescribed by regulations or determined by the Speaker if no regulations are made. 16. Automatic vacation of office – (1) As an exception to section 15, the office of the Ombudsman automatically becomes vacant if the Ombudsman: (a) becomes subject to an order of medical custody under the Mental Health Act 2007; or (b) has been adjudged bankrupt by a court of competent jurisdiction; or (c) has been duly nominated under section 48 of the Electoral Act 1963; or (d) has been convicted by a court or tribunal of competent jurisdiction, in Samoa or elsewhere, of any of the following— (i) a serious criminal offence; (ii) misuse of public funds; (iii) a provision of this Act.