New South Wales Consolidated Acts

OMBUDSMAN ACT 1974 - SECT 35C

35C Referral of legal question to Administrative Decisions Tribunal for advisory opinion

(1) The Ombudsman may refer to the Administrative Decisions Tribunal for the opinion of the Tribunal any legal question arising out of any decision made in the exercise of any of the functions of an agency that the Ombudsman is investigating, but only if the exercise of the function is a reviewable decision within the meaning of the Administrative Decisions Tribunal Act 1997 .

(2) On any such referral (and despite any contrary provisions of the Administrative Decisions Tribunal Act 1997 ), the Tribunal may hold such hearings (if any) and inform itself in such manner as it thinks appropriate for the purpose of determining the proceedings for an opinion.

(3) The decision of the Tribunal on any such referral does not operate as a binding declaration of right.

(4) In this section:
"agency" includes a service provider or a provider of a visitable service within the meaning of the Community Services (Complaints, Reviews and Monitoring) Act 1993 .