(2) The State Government shall appoint the Ombudsperson for Children and Youth for a term of five years in a procedure involving open application and a public hearig of the candidates by the Youth Welfare Board. The Board shall inform the State Government about the result of the hearing and may submit proposals regarding the appointment. The appointment of Ombudspersons for Children and Youth shall be announced in the Salzburger Landes-Zeitung.

(3) Only persons with appropriate training and practical experience meeting the requirements established in collaboration with the Youth Welfare Board shall be eligible for the position of the Ombudsman for Children and Youth. He/she must not pursue activities which are incompatible with the obligations of the position or are likely to create the impression of partiality.

(4) (Constitutional Provision) The Ombudsperson for Children and Youth shall not be subject to any interference in his/her work. His/her subordinate staff shall be exclusively bound by his/her instructions.

(5) The State shall provide the Office of the Ombudsperson for Children and Youth with the means required for the proper and effective performance of its work. The Ombudsperson shall have the right to be consulted in the selection of the office’s staff.

(1) It is the task of the Office of the Ombudsperson for Children and Youth to represent the rights and interests of minors and their families. In this function the Office of the Ombudsperson for Children and Youth shall in particular:

(a) advise and support minors, parents, legal guardians and legal representatives in all matters related to the situation of the minor and the functions of the parents or legal guardians;

(b) assist and advise in case of disagreement and disputes regarding the care and education of minors between the children and adolescents concerned and parents, legal guardians as well as public and private youth welfare institutions;

(c) file complaints with courts, administrative agencies, and other institutions in the interest of minors;

(d) represent youth welfare concerns in public;

(e) promote the cooperation of youth welfare institutions with the respective branches of science

(f) collaborate with the Youth Welfare Board;

(g) collaborate in reviewing pertinent bills and draft regulations.

The tasks specified in (a) to (c) above shall be carried out in collaboration with the respective counselling services, with the aim of reaching amicable solutions.

(2) The Office of the Ombudsperson for Children and Youth shall submit an annual report on its activities and experiences to the State Government. This report may also contain conclusions and recommendations. If the Ombudsperson identified shortcomings in State agencies, other bodies controlled by the State or private youth welfare institutions, the State Government shall submit the respective parts of the report to the agency concerned for an opinion. The State Government shall submit the annual report to the Youth Welfare Board and to the State Parliament.

(3) The Office of the Ombudsperson for Children and Youth has the following powers:

(a) It is entitled to demand the status of a party in administrative proceedings (Section 8 General Law on Administrative Procedures) based on this law, on the Daycare Law of Salzburg, or on the basis of State regulations in the following matters, to the extent necessary for fulfilling its functions:

· the establishment and substantial alteration of buildings predominantly used or to be used by a large number of children or adolescents, e.g. homes for children and youth;

· the establishment or expansion of private kindergartens;

· the establishment, operation or substantial alteration of hospitals.

(b) It is entitled to demand access to files and being summoned to take part in hearings in all other administrative proceedings to be carried out under State Law and concerning the interests of children and adolescents, to the extent necessary for fulfilling its functions;

(c) It is entitled to demand access to all data, information and documents of State and local administrations which do not concern a particular administrative proceeding and whose consultation and evaluation are necessary for fulfilling its functions;

(d) It is entitled to approach all governmental units with regard to recommendations for child-adequate practices and suggestions to improve the general situation and development of children and adolescents.

State and local agencies, as well as private youth welfare institutions are obliged to comply with the advice given to them by the Office of the Ombudsperson for Children and Youth within a period of eight weeks or to explain in writing why they decided not to follow the recommendations.

(4) All State and local agencies are obliged to provide support necessary for carrying out its work to the Office of the Ombudsperson for Children and Youth and to give it the required information.