Australasia and Pacific Ombudsman Institutions: Mandates, by Michael Frahm (auth.)

By Michael Frahm (auth.)

Commissioned by means of the overseas Ombudsman Institute (IOI), the Ludwig Boltzmann Institute of Human Rights (BIM) in Vienna carried out a comparative analytical examine on Ombudsman associations within the Australasia and Pacific zone among January 2011 and April 2012. partially 1, this booklet presents an analytical comparability of the general public zone Ombudsman associations in Australia (the Commonwealth Ombudsman and the state/territory Ombudsmen of all Australian states in addition to of the Northern Territory and the ACT), the cook dinner Islands, Hong Kong, New Zealand, Papua New Guinea, Samoa, Taiwan, Tonga and Vanuatu. as well as a comparative research displaying the partial heterogeneity of the associations, a entire evaluation of universal gains, and explorations of the specifics and peculiarities of the associations, half 2 provides separate studies at the sixteen varied jurisdictions that includes their major services as follows:
- criminal foundation, criminal prestige and business enterprise,
- Mandate, item of regulate and traditional of keep watch over,
- Powers, together with criminal caliber and influence of the results of investigative systems,
- courting to the management, the judiciary and the legislator, and
- unique features.
Part 2 relies on info supplied through the associations themselves in questionnaires despatched out on the outset of the examine, an research of the respective constructing acts and different appropriate legislation, and on proper medical courses and the associations’ Annual stories. The stories additionally consult with suitable felony provisions and contain web content addresses for ease of reference.

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Additional info for Australasia and Pacific Ombudsman Institutions: Mandates, Competences and Good Practice

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4 1 Paris Principles, paragraph 2. The Paris Principles have been adopted by UN General Assembly Resolution 48/134, 1993 on national institutions for the promotion and protection of human rights to which they were annexed. 2 UN General Assembly Resolution 63/169, 2008, preamble and paragraph 1 and UN General Assembly Resolution 65/207, 2010, preamble and paragraph 2. 3 UN General Assembly Resolution 65/207, 2010, on the role of the Ombudsman, mediator and other national human rights institutions in the promotion and protection of human rights, paragraph 3.

The possibility of reappointment always carries the inherent risk of the incumbent, consciously or unconsciously, not always acting fully independently in view of his or her reappointment. Such risk should not be overestimated, but be kept in mind when considering modifications of existing legislation. It may be an alternative to resort to longer terms of office. However, for reasons of democratic hygiene, such a long, single period cannot be extended without limitation. With a view to the standard legislative period which lasts for four or five years, a period of eight–ten years for the incumbent appears to be the upper limit acceptable.

235 for more details. 26 M. Frahm Fig. 4 Monocratic or Collegial Body Most Institutions are headed by one Ombudsman, who is appointed following the procedure described above. There are three exceptions: New Zealand, Papua New Guinea and Taiwan (see Fig. 2). In New Zealand, the law foresees that more than one Ombudsman may be appointed. Currently there are two Ombudsmen, a case in which the law stipulates that one is to be appointed “Chief Ombudsman”. The Papua New Guinea model reflects the fact that there is more than one individual at work by naming the Institution “Ombudsman Commission”.

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