Policing, Security and Community Safety Act 2024

Appointment of chief executive officer of Police Ombudsman

178. (1) The Police Ombudsman shall, with the consent of the Minister, appoint a person to be the chief executive officer of the Office of the Police Ombudsman (in this Part referred to as the “chief executive officer”).

(2) The Minister may, before the coming into operation of section 170 , designate a person to be appointed as the first chief executive officer.

(3) Where, immediately before the coming into operation of section 170 , a person stands designated under subsection (2), that person shall, on such coming into operation, stand appointed as the first chief executive officer.

(4) A person appointed as the chief executive officer shall—

(a) hold office under a contract of service in writing (which contract may be renewed) for such period as is specified in the contract and subject to such terms and conditions (including terms and conditions relating to remuneration and superannuation) as are determined by the Police Ombudsman with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, and

(b) be paid out of moneys at the disposal of the Office of the Police Ombudsman.

(5) The chief executive officer shall—

(a) have such experience, qualifications, training and expertise as are appropriate for the appointment, and

(b) be appointed by the Police Ombudsman following a selection competition undertaken in accordance with the Act of 2004.

(6) The chief executive officer shall not hold any other office or occupy any position in respect of which remuneration is payable, or carry on any business, trade or profession, without the consent of the Police Ombudsman.

(7) The chief executive officer shall have the following functions:

(a) to implement the policies and decisions of the Police Ombudsman;

(b) to carry on and manage, and control generally, the staff, administration and business of the Office of the Police Ombudsman;

(c) to perform such other functions (if any) as may be determined by the Police Ombudsman or as may be authorised under this Act or any other enactment.

(8) The chief executive officer shall provide to the Police Ombudsman such information, including financial information, in relation to the performance of his or her functions referred to in subsection (7), as the Police Ombudsman may require.

(9) The chief executive officer may be removed or suspended from office by the Police Ombudsman, with the consent of the Minister, for stated reasons.

(10) Where the chief executive officer—

(a) dies, resigns or is removed from office, or

(b) is for any reason temporarily unable to continue to perform his or her functions,

the Police Ombudsman may designate such officer or officers of the Police Ombudsman as he or she considers appropriate to perform the functions of the chief executive officer until—

(i) where paragraph (a) applies, a new chief executive officer is appointed in accordance with this section,

(ii) where paragraph (b) applies, the chief executive officer is able to resume the performance of his or her functions, or

(iii) the Police Ombudsman revokes or varies a designation made under this subsection.