is for the resolution of disputes, including mediation and conciliation (but not including arbitration or court processes or services); and

does not involve the exercise of the judicial power of the Commonwealth.

a constitutional corporation; or

a body corporate that is established by or under a law of the Commonwealth or a Territory.

do an act; or

omit to do an act.

is an officer or employee of the provider; or

performs services for or on behalf of the provider (other than a person covered paragraph (a)).

registered under Part 3 of the TEQSA Act; and

listed on the National Register of Higher Education Providers under paragraph 198(1)(a) of that Act.

a student enrolled in any course of study with the higher education provider (other than a student enrolled only in a VET course with the provider); or

a prospective student, or a former student, in relation to any course of study (other than a VET course) with the higher education provider.

is for the purpose of a complainant engaging with a higher education officer of a higher education provider that is the subject of the complainant’s complaint to have the complaint acknowledged; and

does not involve the exercise of the judicial power of the Commonwealth.

the action is taken for or in connection with, or as incidental to:

performing services for or on behalf of the provider; or

carrying out the person’s powers, duties and functions as an employee in the provider’s service, or as an officer of the provider; or

the taking of the action is within the person’s duties as the higher education principal executive officer, or a higher education officer, of the provider.

to deal with complaints about actions taken by higher education providers; and

to conduct investigations into actions taken by higher education providers, on the National Student Ombudsman’s own initiative; and

to give higher education providers advice and training on handling complaints.

dealing with complaints under Division 3 of this Part;

conducting investigations under Division 4 of this Part;

reporting and making recommendations under Division 5 of this Part;

giving higher education providers advice and training about the best practice for the handling of complaints made by, or on behalf of, higher education students;

such other functions conferred on the National Student Ombudsman by this Act or another Act, or a legislative instrument made under this Act or another Act.

by a higher education student of the provider; or

on behalf of a higher education student of the provider.

any action taken with respect to a person employed by a higher education provider, being action taken in relation to that employment;

any action taken with respect to the appointment of a person to an office of a higher education provider;

any action to the extent that the action involves the exercise of academic judgement;

any action to the extent that the action is taken with respect to:

a VET course; or

a student who is not a higher education student of the provider;

any other kind of action prescribed by the National Student Ombudsman Rules for the purposes of this paragraph.

the complaint was made to a prescribed body by, or on behalf of, a higher education student of the provider; and

the prescribed body transfers the complaint, or part of the complaint, to the National Student Ombudsman in accordance with a law of the Commonwealth, a State or a Territory.

transferring, or determining whether to transfer, the complaint to the National Student Ombudsman; or

assisting the National Student Ombudsman to perform its functions or duties or exercise its powers under this Part in relation to action taken by higher education providers.

whether written or unwritten; and

whether enacted before or after the commencement of this Part.

an Ombudsman of a State; or

a State or Territory body prescribed by the National Student Ombudsman Rules for the purposes of this paragraph; or

a Commonwealth entity prescribed by the National Student Ombudsman Rules for the purposes of this paragraph.

inform the higher education provider of the nature of the complaint; and

make inquiries under section 21AZ, or give a notice under section 21AZA, in relation to the higher education provider.

referring the complaint to the higher education provider under Subdivision C of this Division;

using an alternative dispute resolution process under Subdivision D of this Division;

using a restorative engagement process under Subdivision E of this Division;

conducting an investigation under Division 4 of this Part.

the National Student Ombudsman is of the opinion that the matter could be dealt with more effectively or conveniently by the other Commonwealth entity or the State or Territory body; and

the complainant agrees to the matter being referred.

give written notice to the complainant of the referral; and

give the Commonwealth entity or the State or Territory body any information or documents that relate to the complaint and that are in the possession, or under the control, of the National Student Ombudsman.

the complaint is frivolous or vexatious, or was not made in good faith; or

the complainant does not have a sufficient interest in the subject matter of the complaint; or

the complainant has not yet raised the subject matter of the complaint with the higher education provider; or

the action is an excluded action; or

the complaint has been, is being, or is to be dealt with by another Commonwealth entity, an Ombudsman of a State or a State or Territory body; or

the action has been, is being, or is to be reviewed by a court or by a tribunal constituted by or under an enactment; or

to deal, or continue to deal, with the complaint is not warranted having regard to all the circumstances.

to investigate the complaint; and

to report to the National Student Ombudsman on the outcome of the investigation and any action that the provider proposes to take as a result, before the end of the period specified in the request.

the National Student Ombudsman; or

a person engaged by the Ombudsman under section 31A.

voluntary; or

required by a direction given to the person by the National Student Ombudsman under section 21AN.

be in writing; and

name either or both of the following:

the higher education provider that is subject of the complaint;

a higher education officer of that higher education provider; and

be given to those named in it; and

specify the time of the alternative dispute resolution process, which must not be earlier than 14 days after the day the direction is given; and

specify the place of the alternative dispute resolution process.

the person is directed under subsection (1) to participate in an alternative dispute resolution process; and

the other party to the alternative dispute resolution process attends, or was willing to attend, the alternative dispute resolution process; and

the person fails to participate in part or all of the alternative dispute resolution process.

if the higher education provider and the complainant agree to settle the matter; or

if the National Student Ombudsman concludes that the matter cannot be settled by using an alternative dispute resolution process.

whether the alternative dispute resolution was conducted; and

if the alternative dispute resolution failed—the reasons for the failure; and

if the parties agreed to settle the complaint—the terms of the settlement, including any action to be taken.

in any court (whether exercising federal jurisdiction or not); or

in any proceedings before a person authorised by a law of the Commonwealth or of a State or Territory, or by the consent of the parties, to hear evidence.

in any court (whether exercising federal jurisdiction or not); or

in any proceedings before a person authorised by a law of the Commonwealth or of a State or Territory, or by the consent of the parties, to hear evidence.

on complaint made under this Part; or

on the National Student Ombudsman’s own initiative.

if the opinions relate to the higher education provider—afforded the higher education principal executive officer of the provider the opportunity to make written submissions about the matter that is the subject of the investigation as the higher education principal executive officer thinks fit; or

if the opinions relate to a higher education officer of the provider—afforded the higher education officer the opportunity to make written submissions about the matter that is the subject of the investigation as the higher education officer thinks fit.

an investigation under this Part into action taken by a higher education provider has been completed; and

the National Student Ombudsman is of the opinion that the action taken:

appears to have been contrary to law; or

was unreasonable, unjust, oppressive or improperly discriminatory; or

was otherwise, in all the circumstances, wrong; and

the National Student Ombudsman is of the opinion that:

some particular action could be, and should be, taken to rectify, mitigate or alter the effects of the action taken; or

a policy or practice on which the action taken was based should be altered; or

reasons should have been, but were not, given for the action taken; or

any other thing should be done in relation to the action taken.

must include in the report the National Student Ombudsman’s reasons for the opinions specified in the report; and

may also include in the report any recommendations the National Student Ombudsman thinks fit to make.

the Higher Education Minister;

the Secretary of the Higher Education Department;

the Chief Executive Officer of TEQSA.

the National Student Ombudsman has given a report to a higher education provider under section 21AV; and

in the opinion of the National Student Ombudsman, the higher education provider has not taken adequate and appropriate action in respect of the matters and recommendations included in the report within a reasonable time after the report was given to the provider.

give to the Higher Education Minister a copy of the report and any comments given under subsection 21AV(5) (if not already given to that Minister under section 21AV); and

request the Higher Education Minister to cause copies of the report and any comments to be laid before each House of the Parliament.

on the operations of the National Student Ombudsman during a part of a year; or

in relation to any matter relating to, or arising in connection with, the exercise of the powers, or the performance of the functions, of the National Student Ombudsman.

the Higher Education Minister; or

the Secretary of the Higher Education Department.

section 19; or

(b) Public Governance, Performance and Accountability Act 2013;section 46 of the

set out the number and nature of complaints made to the National Student Ombudsman under this Part during that period; and

in relation to each higher education provider for which a complaint was made to the National Student Ombudsman under this Part—set out:

the number of complaints made to the National Student Ombudsman during that period; and

the nature of the complaints made to the National Student Ombudsman during that period; and

if the National Student Ombudsman has conducted any investigations under paragraph 21AT(1)(a)—set out:

the number of such investigations started during that period; and

the number of such investigations completed during that period; and

if the National Student Ombudsman has conducted any investigations under paragraph 21AT(1)(b)—set out:

the number of such investigations started during that period; and

the number of such investigations completed during that period; and

set out details of recommendations made during that period in reports under section 21AV; and

if the National Student Ombudsman is aware of any actions taken by higher education providers in response to recommendations made in reports under section 21AV—set out details of such actions taken during that period; and

if the National Student Ombudsman has referred any complaints made under this Part to a higher education provider for investigation and report under Subdivision C of Division 3 of this Part—set out:

the number of complaints referred under that Subdivision during that period; and

the number of reports provided under that Subdivision to the National Student Ombudsman during that period; and

if the National Student Ombudsman has tried to settle any complaints made under this Part using an alternative dispute resolution process under Subdivision D of Division 3 of this Part—set out:

the number of such alternative dispute resolution processes started during that period; and

the number, and outcome, of such alternative dispute resolution processes concluded during that period; and

if the National Student Ombudsman has used a restorative engagement process under Subdivision E of Division 3 of this Part—set out:

the number of such restorative engagement processes started during that period; and

the number of such restorative engagement processes concluded during that period; and

set out details of any action that the National Student Ombudsman took during the period to promote best practice in handling of complaints by higher education providers; and

set out details of the National Student Ombudsman’s observations (if any) during the period regarding the following:

any trends in complaints;

any broader issues that arise from investigations;

any improvements that could be made to the handling of complaints made by higher education students.

determining whether the National Student Ombudsman is authorised to deal with a complaint or to conduct an investigation under this Part; or

determining whether, and how, to deal with a complaint under this Part; or

determining whether to conduct an investigation on the National Student Ombudsman’s own initiative under this Part; or

dealing with a complaint, or conducting an investigation, under this Part; or

considering whether a higher education provider has taken adequate and appropriate action in respect of any recommendations:

made to the higher education provider under section 21AL; or

included in a report given to the higher education provider under section 21AV.

give to the National Student Ombudsman information specified in the notice;

produce to the National Student Ombudsman any documents or other records specified in the notice;

attend before the National Student Ombudsman, or an authorized person, to answer questions.

the National Student Ombudsman reasonably believes that the person is capable of giving the information, producing the documents or records or answering the questions; and

the information, documents, records or attendance to answer questions is relevant to:

determining whether, and how, to deal with a complaint under this Part; or

determining whether to conduct an investigation on the National Student Ombudsman’s own initiative under this Part; or

dealing with a complaint, or conducting an investigation, under this Part; or

considering whether a higher education provider has taken adequate and appropriate action in respect of any recommendations made to the higher education provider under section 21AL or included in a report given to the higher education provider under section 21AV.

for a notice requiring the giving of information or production of documents or other records—specify a reasonable period within which the person must comply with the notice (which must be at least 14 days after the day the notice is given); and

for a notice requiring attendance to answer questions—include the following information:

the date and time for attendance (which must be at least 14 days after the day the notice is given);

the location for attendance; and

include any other information prescribed by the National Student Ombudsman Rules for the purposes of this paragraph.

the information given, document or other record produced or answer given; and

the giving of the information, the production of the document or record or the answering of the question; and

any information, document or thing obtained as a direct or indirect consequence of the giving of the information, the production of the document or other record or the answering of the question;

would disclose legal advice given to any person; or

would disclose a communication that is protected against disclosure by legal professional privilege; or

would otherwise be contrary to the public interest.

inspect a document or other record produced under this section; and

make and retain copies of, or take and retain extracts from, such a document or record.

inquiries made under section 21AZ; or

a notice given under section 21AZA.

whether written or unwritten; and

whether enacted before or after the commencement of this Part.

inquiries made under section 21AZ; or

a notice given under section 21AZA.

a reference in any of those provisions to the Ombudsman or the Commonwealth Ombudsman were a reference to the National Student Ombudsman; and

a reference in any of those provisions to a Department or a prescribed authority were a reference to a higher education provider; and

a reference in any of those provisions to a principal officer of a Department or a prescribed authority were a reference to the higher education principal executive officer of a higher education provider; and

a reference in any of those provisions to an officer of a Department or a prescribed authority were a reference to a higher education officer of a higher education provider.

(a) the definition of authorized person in subsection 3(1);

(b) section 7 (complaints);

section 11A (powers of Federal Court of Australia), other than subsections 11A(1) and (5);

section 12 (complainant and Department etc. to be informed);

section 13 (power to examine witnesses);

section 14 (power to enter premises);

section 31 (staff), other than subsection 31(2);

Part IV (miscellaneous), other than the following:

subsections 34(1) to (3) (delegation);

paragraphs 35(1)(e) and (f) and subparagraph 35(3)(b)(ia) (officers to observe confidentiality).

give the information, or produce the documents or other records, to the National Student Ombudsman within such period as specified in the order; or

attend before the National Student Ombudsman, or an authorized person, to answer questions at such location, and on such date and at such time, as are specified in the order.”.

a reference to section 9 were a reference to section 21AZA (notice requiring information, documents or attendance to answer questions); and

a reference to subsection 9(2) were a reference to subsection 21AZA(1) (notice requiring information, documents or attendance to answer questions).

paragraph 14(1)(a) referred to a place that is occupied by a higher education provider; and

the reference to the operation of section 9 were a reference to the operation of section 21AZA (notice requiring information, documents or attendance to answer questions).

a reference to subsection 8(5) were a reference to subsection 21AU(3) (right to make submissions); and

a reference to subsection 8(2) were a reference to subsection 21AU(2) (investigations to be in private).

a reference to Division 2 of Part II were a reference to section 21AV (reports to higher education providers) or 21AX (annual and other reports by the National Student Ombudsman); and

a reference to another person or authority under section 6 or 6A were a reference to another body under section 21AH (referral of matter raised in complaints).

in disclosing information, or making a statement, under subsection 35A(1) (disclosure of information by Ombudsman); or

in referring to an investigation in a report under section 21AX (annual and other reports by the National Student Ombudsman).

an entity took action at a particular time; and

at that time, the entity was a higher education provider; and

(c) at a later time (the deregistration time), the entity ceased to be:

registered under Part 3 of the TEQSA Act; or

listed on the National Register of Higher Education Providers under paragraph 198(1)(a) of the TEQSA Act; and

the National Student Ombudsman receives a complaint under this Part about the action before the deregistration time or within 12 months after the deregistration time; and

the entity is a constitutional provider.

(a) an entity (the first entity) took an action at a particular time; and

at that time, the first entity was a higher education provider; and

(c) at a later time (the merger time), the first entity ceased to exist; and

(d) at or immediately after the merger time, another entity (the second entity) became the successor in title to the first entity; and

the second entity is a higher education provider.

the action taken by the first entity were taken by the second entity; and

a complaint about the action made to the National Student Ombudsman against the first entity were a complaint made against the second entity; and

anything done under this Part by the National Student Ombudsman before the merger time in relation to the action and the first entity were done in relation to the second entity.

to deal with the complaint in the person’s capacity as the National Student Ombudsman; or

to continue to deal with the complaint in the person’s capacity as the National Student Ombudsman.

to deal with the complaint in the person’s capacity as the holder of that other office; or

to continue to deal with the complaint in the person’s capacity as the holder of that other office.

the National Student Ombudsman;

a Deputy Ombudsman;

a person who is a member of the staff referred to in subsection 31(1);

a person, not being a person referred to in paragraph (b) or (c), who:

the National Student Ombudsman has delegated any of the National Student Ombudsman’s powers under section 34; or

is an authorized person.

the evidence suggests that a higher education officer of the provider has engaged in misconduct; and

the evidence is, in all the circumstances, of sufficient force to justify the National Student Ombudsman doing so.

gives information to the National Student Ombudsman (other than in accordance with a notice given under section 21AZA); or

gives a document or other record to the National Student Ombudsman (other than in accordance with a notice given under section 21AZA).

required or permitted by this Part to be prescribed by the rules; or

necessary or convenient to be prescribed for carrying out or giving effect to this Part.

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act.

if the power or function is to be delegated to a person holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the person to exercise the power or perform the function; or

otherwise—whether the person has appropriate qualifications or expertise to exercise the power or perform the function.

the first person engages in conduct that:

results in detriment to the second person; or

consists of, or results in, a threat to cause detriment to the second person; and

when the conduct is engaged in, the first person believes or suspects that the second person:

has made a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act; or

may have made a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act; or

proposes to make a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act; or

could make a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act; and

the belief or suspicion is the reason, or part of the reason, for engaging in the conduct.

in any case—make an order requiring the respondent to compensate the applicant for loss, damage or injury as a result of the reprisal; or

if the Court is satisfied that the respondent took or is taking the reprisal against the applicant in connection with the respondent’s position as an employee of a private registered provider (within the meaning of Part IIC) or a higher education provider:

(i) make an order requiring the respondent’s employer to compensate the applicant for loss, damage or injury as a result of the reprisal; or

make an order requiring the respondent and the respondent’s employer jointly to compensate the applicant for loss, damage or injury as a result of the reprisal; or

make an order requiring the respondent to compensate the applicant for a part of loss, damage or injury as a result of the reprisal, and make another order requiring the respondent’s employer to compensate the applicant for a part of loss, damage or injury as a result of the detrimental conduct.

an order granting an injunction, on such terms as the Court thinks appropriate:

restraining the respondent from taking the reprisal; or

if the reprisal involves refusing or failing to do something—requiring the respondent to do that thing;

an order requiring the respondent to apologise to the applicant for taking the reprisal;

any other order the Court thinks is appropriate.

aided, abetted, counselled or procured the conduct against the applicant; or

induced the conduct against the applicant, whether through threats or promises or otherwise; or

been in any way (directly or indirectly) knowingly concerned in or a party to the conduct against the applicant; or

conspired with others to effect the conduct against the applicant.

the applicant bears the onus of adducing or pointing to evidence that suggests a reasonable possibility of the matters mentioned in paragraph 35D(1)(a); and

if that onus is discharged—the respondent bears the onus of proving that the claim is not made out.

the court is satisfied that the applicant instituted the proceedings vexatiously or without reasonable cause; or

the court is satisfied that the applicant’s unreasonable act or omission caused the other party to incur the costs.

the first person engages in conduct; and

engaging in the conduct results in detriment to the second person; and

when the conduct is engaged in, the first person believes or suspects that the second person:

has made a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act; or

may have made a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act; or

proposes to make a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act; or

could make a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act; and

the belief or suspicion is the reason, or part of the reason, for engaging in the conduct.

the first person engages in conduct; and

engaging in the conduct consists of, or results in, a threat to cause detriment to the second person; and

the first person is reckless as to whether the second person fears that the threat would be carried out; and

when the conduct is engaged in, the first person believes or suspects that the second person:

has made a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act; or

may have made a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act; or

proposes to make a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act; or

could make a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act; and

the belief or suspicion is the reason, or part of the reason, for engaging in the conduct.

express or implied; or

conditional or unconditional.

has made a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act; or

may have made a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act; or

proposes to make a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act; or

could make a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act.

the National Student Ombudsman; or

(ivaa) to the National Student Ombudsman under the Ombudsman Act 1976; or

beginning on the day this item commences; and

ending on the first 30 June that occurs after that commencement.