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Tribunal
procedure for
removal and
suspension.
146. (1) The Ombudsman may be removed from office only
for inability to exercise the functions of his office (whether arising
from infirmity of body or mind or any other cause) or for
misbehaviour and shall not be so removed except in accordance with
the provisions of this section.
(2) The Ombudsman shall be removed from office by a
resolution of the National Assembly if the question of his removal
from office has been referred to a tribunal appointed under subsection
(3) of this section and the tribunal has recommended to the
Assembly that he ought to be removed from office for inability as
aforesaid or for misbehaviour.
(3) If by the Assembly it is resolved that the question of
removing the Ombudsman from office under this section ought to be
investigated, then—
(a) the Speaker shall appoint a tribunal which
shall consist of a chairman and not less than
two other members selected by the Chief
Justice from among persons who hold or have
held office as a judge of a court having
unlimited jurisdiction in civil and criminal
matters in some part of the Commonwealth or
a court having jurisdiction in appeals from
such a court; and
(b) the tribunal shall enquire into the matter and
report on the facts thereof to the Speaker and
recommend to the Assembly through the
Speaker whether the Ombudsman ought to be
removed from office under this section.
(4) If the question of removing the Ombudsman has
been referred to a tribunal under this section, the Assembly may by
resolution suspend the Ombudsman from the functions of his office
and any such suspension may at any time be revoked by a resolution
of the Assembly and shall in any case cease to have effect if the
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