Ombudsman (Komesina o Sulufaiga) Act 2013 5 5. Continuation and legal personality – The Ombudsman (Komesina o Sulufaiga), previously established under the Komesina o Sulufaiga (Ombudsman) Act 1988 continues and is established under this section as an independent corporate sole with perpetual succession and common seal and may: (a) own and dispose of property and other assets; and (b) enter into contracts; and (c) sue and be sued; and (d) do any other thing that a person may do in law. 6. Independence – (1) The Ombudsman: (a) is an independent officer of Parliament; and (b) must independently carry out the functions, duties and powers under this Act; and (c) when carrying out the functions, duties and powers under this Act, is not to be subject to a direction or influenced by a person, officeholder or authority. (2) This section does not prevent a court from making a direction or order whether the Ombudsman: (a) has carried out the functions, duties and powers under this Act; or (b) should or should not carry out the functions, duties or powers. 7. (repealed by section 13 of the Constitution Amendment Act 2015, No.19) 8. Selection and criteria – The Ombudsman is to be selected pursuant to the selection processes and criteria set out in Schedule 3. (2) (repealed by section 13 of the Constitution Amendment Act 2015, No.19) 9. Oath of office – The Ombudsman must, before taking office, take before the Speaker the oath of office set out in Part 1 of Schedule 2. 10. (repealed by section 13 of the Constitution Amendment Act 2015, No.19) 11. Remuneration – (1) The salary, allowances and other benefits of the Ombudsman are determined under the

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