(1) The ombudsman may, at the request of a participant in a review or on the ombudsman's own initiative, refer a question of law arising on the review to the ACAT.
(2) For this section, the ACAT must be constituted by 3 members as follows:
(a) at least 1 member must be a presidential member;
(b) any other member must be a senior member who is a lawyer and has been a lawyer for 5 years or more.
(3) The ombudsman must not make a decision on the review while the reference is pending.
(4) The ombudsman is bound by the ACAT's decision.