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Annexes
IX. The Parliamentary Ombudsman Act
Act relating to the Parliamentary Ombudsman for Public Administration
(the Parliamentary Ombudsman Act)
Act of 22 June 1962 No. 8 as subsequently amended, most recently by Act of 21 June 2013 No. 89.
Section 1. Election of the Ombudsman
Section 3a. National preventive mechanism
After each general election, the Storting elects a
Parliamentary Ombudsman for Public Administration,
the Parliamentary Ombudsman. The Ombudsman is
elected for a term of four years reckoned from 1 January
of the year following the general election.
The Ombudsman is the national preventive mechanism
as described in Article 3 of the Optional Protocol of
18 December 2002 to the UN Convention of 10 December
1984 against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment.
The Ombudsman must satisfy the conditions for
appointment as a Supreme Court Judge. He must not
be a member of the Storting.
The Ombudsman shall establish an advisory committee
for its function as the national preventive mechanism.
If the Ombudsman dies or becomes unable to discharge
his duties, the Storting will elect a new Ombudsman for
the remainder of the term of office. The same applies if
the Ombudsman relinquishes his office, or if the Storting
decides by a majority of at least two thirds of the votes
cast to deprive him of his office.
Section 4. Sphere of responsibility
If the Ombudsman is temporarily unable to discharge
his duties because of illness or for other reasons, the
Storting may elect a person to act in his place during
his absence. In the event of absence for a period of up to
three months, the Ombudsman may authorise the Head
of Division to act in his place.
The Ombudsman’s sphere of responsibility encompasses
the public administration and all persons engaged in its
service. It also encompasses the conditions of detention
for persons deprived of their liberty in private institutions when the deprivation of liberty is based on an
order given by a public authority or takes place at the
instigation of a public authority or with its consent or
acquiescence.
The sphere of responsibility of the Ombudsman does not
include:
a) matters on which the Storting has reached a decision,
If the Presidium of the Storting finds that the
Ombudsman is disqualified to deal with a particular
matter, it will elect a substitute Ombudsman to deal with
the matter in question.
b) decisions adopted by the King in Council,
c) the activities of the courts of law,
d) the activities of the Auditor General,
Section 2. Instructions
The Storting will issue general instructions for the
activities of the Ombudsman. Apart from this the
Ombudsman is to discharge his duties autonomously
and independently of the Storting.
Section 3. Purpose
As the Storting’s representative, the Ombudsman shall,
as prescribed in this Act and in his instructions, endeavour to ensure that individual citizens are not unjustly
treated by the public administration and help to ensure
that the public administration respects and safeguards
human rights.
Norway’s National Preventive Mechanism – Annual Report 2014
e) matters that, as prescribed by the Storting, come under
the Ombudsman’s Committee or the Parliamentary
Ombudsman for the Norwegian Armed Forces,
f) decisions that as provided by statute may only be
made by a municipal council, county council or cooperative municipal council itself, unless the decision
is made by a municipal executive board, a county
executive board, a standing committee, or a city or
county government under section 13 of the Act of 25
September 1992 No. 107 concerning municipalities
and county authorities. The Ombudsman may nevertheless investigate any such decision on his own initiative if he considers that it is required in the interests
of due process of law or for other special reasons.
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