61. State Constitutional Act of 21 Sept.1988 on the
Constitution of the State of Tyrol (Tyrolean State Order 1989)

Article 59

The State Ombudsman (Landesvolksanwalt)

(1) The State Ombudsman is competent to perform the functions enumerated in para. 2.

(2) The State Ombudsman must counsel any person or hear complaints in matters relating to the administration of the State, the intermediate administration of federal matters by the State and in matters of federal assets of which the administration has been delegated to the Governor of the State. The State Ombudsman must examine each complaint immediately and in so far as he is not able to resolve the case on the basis of the information provided by the complainant, he must ask the competent authority to provide an expianation or reniedy and communicate the result of these efforts as soon as possible to the complainant. The State Ombudsman must submit an annual report of his activities to the State Diet (Landtag).

(3) The State Ombudsman is an organ of the State Diet. He reports directly to the State Diet and is only accountable to it and is independent of the State government.

(4) The State Ombudsman's office is located in Innsbruck. In so far as it is appropriate for fulfilling his functions, the State Ombudsman may have office hours outside the State capital Innsbruck.

(5) The State Ombudsman 15 elected by the State Diet on the proposal of the President of the State Diet for a six year term of office. Only a person possessing the necessary personal and professional skills may be appointed to the office of State Ombudsman. The State Ombudsman must not be a member of the Federal Government, the State Government or a member of a general representative assembly.

(6) On the proposal of the President of the State Diet, the State Diet must remove the State Ombudsman from office before the end of the term pursant to para. 5 first sentence if he does not meet the requirements any more laid down in para. 5 sentences two and three.

(7) The State Government, after hearing the President of the State Diet, must provide the necessary non-monetary and monetary means which the State Ombudsman needs to perform his functions and must put the necessary number of State employees according to the State roster at the State Ombudsman's disposal.

(8) The State Ombudsman is the superior of the state employees in his office. He 15 competent to instruct them.

(9) All organs of the State and of the municipalities must support the State Ombudsman in his functions, allow him to inspect files and inform him at his request. Official secrecy cannot be invoked as against the State Ombudsman. The State Ombudsman is bound to official secrecy to the same degree as the organ which he has addressed in performing his functions.