28Ombudsman may recommend that the Commissioner refer questions to the AAT

#### 28 Ombudsman may recommend that the Commissioner refer questions to the AAT (1) Where the Ombudsman or Investigation Division is investigating the taking of action under a power, whether conferred by an enactment or otherwise, the Ombudsman may recommend, in writing, to the Commissioner that the Commissioner refer a specified question about the taking of the action, or the exercise of the power, to the Administrative Appeals Tribunal for an advisory opinion. (2) If the Ombudsman makes a recommendation, the Commissioner must refer the question to the Tribunal within 30 days, or such longer period as is agreed to by the Ombudsman and the Commissioner, after the day on which the Commissioner receives the recommendation. (3) The Tribunal may give an advisory opinion on the question. (4) This section does not limit the Ombudsman’s power under section 27A.