30 Ombudsman (Komesina o Sulufaiga) Act 2013 1. Establishment – (1) The Screening Committee (“Committee”) is established comprising the following members: (a) the Chairperson of the Public Service Commission, as Chairperson; (b) a retired judge or a lawyer qualified for appointment as a Supreme Court judge, appointed by the Chairperson; (c) a member to represent civil society groups and the private sector, appointed by the Chairperson. (2) The following persons are not eligible for appointment under clause 1(1)(b) or (c): (a) a member of Parliament; (b) a Minister; (c) public servant or a person engaged by the Government or in the “service of Samoa” within the meaning under Article 111 of the Constitution; (d) a director or employee of a public body regulated under the Public Bodies (Performance and Accountability) Act 2001; (e) any other person prescribed by regulations. (3) All members constitute a quorum. (4) The Committee may regulate its own meeting procedures. 2. Functions – The Committee must consider applications and determine candidates for appointment or re-appointment as the Ombudsman. 3. Advertisement of vacancies – (1) When the position of the Ombudsman becomes vacant or will become vacant within 6 months before expiry of the term, the Government must advertise the position in a newspaper having wide circulation in Samoa. (2) The Government must send the list of applicants who responded to the advertisement under subsection (1), including any qualified individual it considers for appointment (“applicants”), to the Committee for determinations. (3) If no applicant qualifies under clause 6, the vacancy must be re-advertised.

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