8
Ombudsman (Komesina o Sulufaiga) Act 2013
(2) In this section, “serious criminal offence” means an
offence that prescribes a fine of at least 20 penalty units or
imprisonment of at least 2 years.
(3) The effective date of vacation of office is the date of the
order, adjudication or conviction.
(4) If there is doubt as to the effective date of vacation of
office, the Speaker may determine the date.
17. Vacancy – (1) The office of the Ombudsman becomes
vacant when the Ombudsman dies, retires or resigns or is
removed from office or vacates the office under section 16.
(2) A vacancy is to be filled pursuant to section 7 and
Schedule 3.
PART 3
ADMINISTRATIVE DECISIONS
Division 1 – Powers and proceedings
18. Powers to investigate administrative decisions – (1)
The Ombudsman may, on complaint or own initiative,
investigate any administrative decision that affects a person in
the person’s personal capacity made by any of the following:
(a) a Ministry or organisation; or
(b) an officer when carrying out a power or function
conferred by an enactment.
(2) The Ombudsman may, commence an investigation upon
receiving a complaint even if the complaint may not, on its face,
be against any administrative decision.
19. Referral of matters by parliamentary committees or
Prime Minister – (1) Without limiting section 18, a
parliamentary committee may refer to the Ombudsman:
(a) to investigate a petition that is before that
committee for consideration, or a matter to
which the petition relates; and
(b) subject to any special direction of the committee—
(i) investigate the petition or matter if it is
within the Ombudsman’s jurisdiction; and
(ii) make a report to the committee.