Ombudsman Act 1976

Where the Ombudsman is investigating the taking of action by a Department or by a prescribed authority under a power, whether conferred by an enactment or otherwise, the Ombudsman may recommend, in writing, to the principal officer of the Department or authority that the principal officer refer a specified question about the taking of the action, or the exercise of the power, to the Administrative Review Tribunal for an advisory opinion.

The Ombudsman may:

give the recommendation to the principal officer at any time before the Ombudsman completes the investigation; or

include the recommendation in his or her report to the Department or prescribed authority under section 15.

If the Ombudsman makes a recommendation, the principal officer must refer the question to the Tribunal within 30 days, or such longer period as is agreed to by the Ombudsman and the principal officer, after the day on which the principal officer received the recommendation.

The Tribunal may give an advisory opinion on the question.

This section does not limit the Ombudsman’s power under section 10A.