Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if the ombudsman investigates the taking of action under a power under an enactment.
(2) The ombudsman may recommend to the relevant principal officer that a stated question in relation to the taking of action or exercise of power be referred to the ACAT for an advisory opinion.
(3) The ombudsman may make the recommendation—
(a) by giving the recommendation to the principal officer at any time before the completion of the investigation by the ombudsman; or
(b) by including the recommendation in a report made by the ombudsman to the relevant agency under section 18 after the completion of the investigation.
(4) If the ombudsman makes a recommendation to the principal officer, the principal officer must refer the question stated in the recommendation to the ACAT.
(5) The ACAT may give the principal officer an advisory opinion on the stated question.
(6) In this section:
"taking of action" includes the following:
(a) making a decision or recommendation;
(b) formulating a proposal;
(c) failing to—
(i) take an action; or
(ii) make a decision; or
(iii) make a recommendation; or
(iv) formulate a proposal.