Section 120Part 8 — Institutions Supporting Democracy
Complaints Commissioner
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Subject to this Constitution, a law enacted by the Legislature may make provision for the office, functions and jurisdiction of a Complaints Commissioner, otherwise called an Ombudsman.
The Complaints Commissioner shall be appointed by the Governor, acting after consultation with the Premier and the Leader of the Opposition, by instrument under the public seal.
No person shall be qualified to be appointed as Complaints Commissioner if he or she is or has been within the preceding three years—
an elected member of the Legislative Assembly; or
the holder of any office in any political party.
The office of the Complaints Commissioner shall become vacant—
at the expiration of the period specified in the instrument by which he or she was appointed;
if he or she resigns office by writing under his or her hand addressed to the Governor;
if he or she becomes an elected member of the Legislative Assembly or the holder of any office in any political party; or
if the Governor, acting in his or her discretion, directs that he or she shall be removed from office for inability to discharge the functions of the office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, or for contravention of subsection (5).
Subject to such exceptions as the Governor, acting in his or her discretion, may authorise by directions in writing, the Complaints Commissioner shall not hold any other office of emolument either in the public service or otherwise nor engage in any occupation for reward other than the duties of his or her office.
In the exercise of his or her functions, the Complaints Commissioner shall not be subject to the direction or control of any other person or authority.