Document ID: chunk:federal_register_of_legislation:C2004A04274:body:0:p9
Version: federal_register_of_legislation:C2004A04274
Segment Type: other
Provision Reference: 
Character Range: 22151–25178

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 Appeals Tribunal for an advisory opinion.

"(2) The Ombudsman may:

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

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

"(3) 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.

"(4) The Tribunal may give an advisory opinion on the question.

"(5) This section does not limit the Ombudsman's power under section 10A.".

Subsections 11A(4) and (5):

Insert "or she" after "he" (wherever occurring).

Subsection 12(1):

    (a) Insert "or her" after "him".

    (b) Insert "or her" after "his" (wherever occurring).

Paragraphs 12(2)(a) and (b):

Insert "or her" after "his" (wherever occurring).

Subsection 12(3):

    (a) Insert "or her" after "him".

    (b) Insert "or she" after "he".

Subsection 12(4):

    (a) Insert "or she" after "he" (wherever occurring).

    (b) Insert "or her" after "him".

SCHEDULE 1—continued

Paragraphs 12(5)(a) and (b):

Insert "or she" after "he" (wherever occurring).

Section 13:

Insert "or her" after "him".

Subsections 14(2) and (3):

    (a) Omit "his entering the place", substitute "the person entering the place".

    (b) Insert "or she" after "he".

    (c) Insert "or her" after "his" (wherever occurring).

Subsection 14(4):

Insert "or her" after "him".

Paragraph 15(3)(a):

Insert "or her" after "his".

Paragraph 15(3)(b):

Insert "or she" after "he".

Subsections 15(4) and (6):

Insert "or her" after "him" (wherever occurring).

Subsection 16(3):

Insert "or her" after "him".

Section 17:

Insert "or her" after "him" (wherever occurring).

After section 17:

Insert:

Ombudsman may have further discussion with principal officer

"18. After presentation to the Parliament of a report under section 17 in relation to action taken by a Department or prescribed authority, the Ombudsman may discuss any matter to which the report relates with the principal officer of the Department or authority for the purpose of resolving the matter.".

Subsections 19(6) and (7):

Insert "or she" after "he" (wherever occurring).

SCHEDULE 1—continued

Paragraph 19(7A)(a):

    (a) Insert "or she" after "he".

    (b) Insert "or her" after "his".

Subsection 19(8):

Insert "or her" after "him".

Subsection 19C(1):

Insert "or her" after "him" (wherever occurring).

Paragraph 19C(2)(a):

    (a) Insert "or