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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Education and Other Legislation
Amendment Bill (No. 1) 2017
No. , 2017
(Education and Training)
A Bill for an Act to amend the law relating to
tertiary education and research, and for related
purposes
No. , 2017
Education and Other Legislation Amendment Bill (No. 1) 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--VET Student Loans Ombudsman
3
Ombudsman Act 1976
3
VET Student Loans Act 2016
17
Schedule 2--Amendment of the Australian Research Council
Act 2001
19
Australian Research Council Act 2001
19
No. , 2017
Education and Other Legislation Amendment Bill (No. 1) 2017
1
A Bill for an Act to amend the law relating to
1
tertiary education and research, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Education and Other Legislation Amendment Act
6
(No. 1) 2017.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2
Education and Other Legislation Amendment Bill (No. 1) 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
1 July 2017.
1 July 2017
3. Schedule 2
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
VET Student Loans Ombudsman Schedule 1
No. , 2017
Education and Other Legislation Amendment Bill (No. 1) 2017
3
Schedule 1--VET Student Loans Ombudsman
1
2
Ombudsman Act 1976
3
1 Title
4
Omit "and a Private Health Insurance Ombudsman", substitute ", a
5
Private Health Insurance Ombudsman and a VET Student Loans
6
Ombudsman".
7
2 Subsection 3(1)
8
Insert:
9
VET loan assistance has the meaning given by
10
subsection 20ZM(4).
11
VET student means:
12
(a) a student enrolled in a course of study with a VET student
13
loan scheme provider; or
14
(b) a prospective student, or a former student, in relation to such
15
a course.
16
VET student loan officer has the meaning given by
17
subsection 20ZS(4).
18
VET student loan principal executive officer has the meaning
19
given by subsection 20ZS(5).
20
VET student loan scheme provider means:
21
(a) an approved course provider within the meaning of the VET
22
Student Loans Act 2016, including a body that has been (but
23
is no longer) such a provider; or
24
(b) a VET provider within the meaning of the Higher Education
25
Support Act 2003, including a body that has been (but is no
26
longer) such a provider.
27
3 At the end of paragraph 4A(e)
28
Add:
29
; and (vi) the functions of the VET Student Loans Ombudsman
30
referred to in section 20ZM.
31
Schedule 1 VET Student Loans Ombudsman
4
Education and Other Legislation Amendment Bill (No. 1) 2017
No. , 2017
4 After Part IID
1
Insert:
2
Part IIE--VET Student Loans Ombudsman
3
Division 1--Establishment and functions
4
20ZL Establishment of office of VET Student Loans Ombudsman
5
(1) For the purposes of this Act, there is to be a VET Student Loans
6
Ombudsman.
7
(2) The office of VET Student Loans Ombudsman is to be held by the
8
person who holds the office of Commonwealth Ombudsman.
9
(3) The reference in subsection (2) to the person who holds the office
10
of Commonwealth Ombudsman includes a reference to a person
11
for the time being acting in that office because of an appointment
12
under section 29.
13
20ZM Functions of VET Student Loans Ombudsman
14
(1) The functions of the VET Student Loans Ombudsman are as
15
follows:
16
(a) to conduct investigations, and make recommendations and
17
other reports, under this Part in relation to the following:
18
(i) VET loan assistance;
19
(ii) compliance by VET student loan scheme providers with
20
the VET Student Loans Act 2016, the Higher Education
21
Support Act 2003 and any legislative instruments under
22
either of those Acts;
23
(b) to give VET student loan scheme providers advice and
24
training about the best practice for the handling of complaints
25
made to them by VET students in relation to VET loan
26
assistance;
27
(c) to develop and promote, and to review from time to time, a
28
code of practice relating to the following:
29
(i) the provision of services to VET students by VET
30
student loan scheme providers in relation to VET loan
31
assistance;
32
VET Student Loans Ombudsman Schedule 1
No. , 2017
Education and Other Legislation Amendment Bill (No. 1) 2017
5
(ii) the handling of complaints made by VET students to
1
VET student loan scheme providers in relation to VET
2
loan assistance;
3
(d) to perform any other function conferred on the VET Student
4
Loans Ombudsman by this Act or another Act, or a
5
legislative instrument made under this Act or another Act.
6
Note:
The VET Student Loans Ombudsman may conduct an investigation in
7
relation to a complaint, or on his or her own initiative (see
8
section 20ZO).
9
(2) In developing or reviewing a code of practice for the purposes of
10
paragraph (1)(c), the VET Student Loans Ombudsman may consult
11
with the following:
12
(a) VET student loan scheme providers
;
13
(b) vocational education and training industry groups;
14
(c) vocational education and training student bodies;
15
(d) Commonwealth, State and Territory agencies and other
16
bodies with responsibilities in relation to vocational
17
education and training, including the following:
18
(i) the Department responsible for the administration of the
19
VET Student Loans Act 2016;
20
(ii) the National VET Regulator within the meaning of the
21
National Vocational Education and Training Regulator
22
Act 2011;
23
(iii) State and Territory bodies with responsibility for
24
registering vocational education and training providers.
25
(3) A code of practice developed for the purposes of paragraph (1)(c)
26
is not a legislative instrument.
27
(4) VET loan assistance means:
28
(a) a VET student loan within the meaning of the VET Student
29
Loans Act 2016; or
30
(b) VET FEE-HELP assistance within the meaning of the Higher
31
Education Support Act 2003.
32
Note:
This Part does not prevent actions taken by a Department, the
33
Secretary of a Department or a Minister in relation to the provision of
34
VET loan assistance from being investigated by the Commonwealth
35
Ombudsman under provisions of this Act other than this Part: see
36
section 20ZZA.
37
Schedule 1 VET Student Loans Ombudsman
6
Education and Other Legislation Amendment Bill (No. 1) 2017
No. , 2017
20ZN Performance of functions
1
(1) The VET Student Loans Ombudsman is not required to act in a
2
formal manner in the performance of his or her functions, unless
3
otherwise required to do so under this Act, or any other Act or
4
legislative instrument.
5
(2) In the performance of his or her functions, the VET Student Loans
6
Ombudsman may, subject to this Act, and any other Act or
7
legislative instrument:
8
(a) inform himself or herself on any matter in any way he or she
9
thinks fit; and
10
(b) consult with anyone he or she thinks fit; and
11
(c) receive written or oral information or submissions.
12
(3) The VET Student Loans Ombudsman has power to do all things
13
necessary or convenient to be done for, or in connection with, the
14
performance of his or her functions.
15
Division 2--Investigations and complaints
16
20ZO Investigations
17
In performing his or her functions, the VET Student Loans
18
Ombudsman may conduct an investigation:
19
(a) in relation to a complaint made under section 20ZP; or
20
(b) on his or her own initiative.
21
20ZP Complaints
22
A complaint may be made to the VET Student Loans Ombudsman
23
against a VET student loan scheme provider:
24
(a) by a VET student; or
25
(b) on behalf of a VET student.
26
20ZQ Referral of complaints to other bodies
27
(1) If, in the opinion of the VET Student Loans Ombudsman, a
28
complaint raises a matter that could be dealt with more effectively
29
or conveniently by another body, the VET Student Loans
30
Ombudsman must refer the matter to that body.
31
VET Student Loans Ombudsman Schedule 1
No. , 2017
Education and Other Legislation Amendment Bill (No. 1) 2017
7
(2) If the VET Student Loans Ombudsman refers the matter to the
1
other body, the VET Student Loans Ombudsman must:
2
(a) give notice to the complainant of the referral; and
3
(b) give the other body any information or documents that relate
4
to the complaint and that are in the possession or under the
5
control of the VET Student Loans Ombudsman.
6
20ZR Deciding not to investigate complaints
7
The VET Student Loans Ombudsman may decide not to
8
investigate, or not to further investigate, a complaint with respect
9
to an action by a VET student loan scheme provider if he or she is
10
of the opinion that:
11
(a) the complaint is frivolous or vexatious, or was not made in
12
good faith; or
13
(b) the complainant does not have a sufficient interest in the
14
subject matter of the complaint; or
15
(c) an investigation, or further investigation, of the action is not
16
warranted having regard to all the circumstances; or
17
(d) the complainant has not yet raised the subject matter of the
18
complaint with the VET student loan scheme provider; or
19
(e) the action came to the complainant's knowledge more than 3
20
years before the complaint was made; or
21
(f) the complainant has, or had, a right to cause the action to be
22
reviewed by a court or by a tribunal constituted by or under
23
an enactment but has not exercised that right.
24
Division 3--Other powers of the VET Student Loans
25
Ombudsman
26
20ZS Application of Act to VET Student Loans Ombudsman
27
(1) Each provision of this Act specified in Column 1 of this table
28
applies in relation to the VET Student Loans Ombudsman in
29
accordance with the table:
30
31
Schedule 1 VET Student Loans Ombudsman
8
Education and Other Legislation Amendment Bill (No. 1) 2017
No. , 2017
Application of Act to VET Student Loans Ombudsman
Column 1
Column 2
Column 3
Item
This provision of this Act
...
applies in relation
to the VET
Student Loans
Ombudsman as if
any reference in
that provision to ...
were a reference to ...
1
A provision covered by
subsection (2) of this
section
the Ombudsman, or
the Commonwealth
Ombudsman
the VET Student Loans
Ombudsman.
2
A provision covered by
subsection (2) of this
section
a Department or a
prescribed authority
a VET student loan
scheme provider.
3
A provision covered by
subsection (2) of this
section
the principal officer
of a Department or
a prescribed
authority
the VET student loan
principal executive
officer of a VET
student loan scheme
provider.
4
A provision covered by
subsection (2) of this
section
an officer of a
Department or a
prescribed authority
a VET student loan
officer of a VET
student loan scheme
provider.
5
Subsection 7A(1)
(preliminary inquiries)
paragraph 5(1)(b)
(functions of
Ombudsman)
paragraph 20ZO(b)
(investigations).
6
Subsection 8A(1)
(investigations by
Commonwealth and State
Ombudsmen)
a matter of
administration
a function of the VET
Student Loans
Ombudsman.
7
subsection 11A(4) (powers
of the Federal Court of
Australia)
the Minister
the Minister
administering this Act
and the Minister
administering the VET
Student Loans Act
2016.
8
subsections 12(4) and (5)
(complainant and
Department etc. to be
informed)
section 15 (reports
by Ombudsman)
section 20ZV (reports
to VET student loan
scheme providers).
VET Student Loans Ombudsman Schedule 1
No. , 2017
Education and Other Legislation Amendment Bill (No. 1) 2017
9
Application of Act to VET Student Loans Ombudsman
Column 1
Column 2
Column 3
Item
This provision of this Act
...
applies in relation
to the VET
Student Loans
Ombudsman as if
any reference in
that provision to ...
were a reference to ...
9
subsection 35(6A)
(officers to observe
confidentiality)
paragraph 6(4D)(e)
or 6(18)(d)
(discretion not to
investigate certain
complaints)
paragraph 20ZQ(2)(b)
(referral of complaints
to other bodies).
10
paragraph 35AA(1)(a)
(disclosure of information
and documents to Integrity
Commissioner)
paragraph 5(1)(b)
(functions of
Ombudsman)
paragraph 20ZO(b)
(investigations).
11
subsections 35B(2) and
35C(2)(paragraph (a) of
the definition of listed
disclosure method)
(disclosure of ACC and
ACLEI information)
Division 2 of Part II
(reports)
Division 4 of this Part
(reporting by the VET
Student Loans
Ombudsman).
12
subsections 35B(2) and
35C(2) (paragraph (b) of
the definitions of listed
disclosure method)
(disclosure of ACC and
ACLEI information)
section 6 or 6A
(discretion not to
investigate certain
complaints; transfer
of complaints about
ACC)
paragraph 20ZQ(2)(b)
(referral of complaints
to other bodies).
(2) This subsection covers the following provisions:
1
(a) the definition of authorized person in subsection 3(1)
2
(interpretation);
3
(b) section 7 (complaints);
4
(c) section 7A (preliminary inquiries);
5
(d) section 8 (investigations), other than:
6
(i) paragraph (7A)(b); and
7
(ii) subsections (8) to (12);
8
(e) section 8A (investigations by Commonwealth and State
9
Ombudsmen), other than subsections (1A) to (1D);
10
Schedule 1 VET Student Loans Ombudsman
10
Education and Other Legislation Amendment Bill (No. 1) 2017
No. , 2017
(f) section 9 (power to obtain information and documents), other
1
than:
2
(i) paragraphs (1AA)(ab) and (ac); and
3
(ii) paragraph (4)(ab);
4
(g) section 11A (powers of Federal Court of Australia), other
5
than subsections (1) and (5);
6
(h) section 12 (complainant and Department etc. to be informed);
7
(i) section 13 (power to examine witnesses);
8
(j) section 31 (staff), other than subsection (2);
9
(k) Part IV (miscellaneous), other than the following:
10
(i) subsections 34(1) to (2C) (delegation);
11
(ii) paragraph 35(1)(e) and (f) and subparagraph (3)(b)(ia)
12
(officers to observe confidentiality);
13
(iii) subsection 35A(3) (disclosure of information by
14
Ombudsman).
15
(3) Section 14 (power to enter premises) applies in relation to the VET
16
Student Loans Ombudsman as if paragraph 14(a) referred to:
17
(a) a place that is occupied by a VET student loan scheme
18
provider; or
19
(b) a place that is occupied by a VET student loan scheme officer
20
of a VET student loan scheme provider predominantly for the
21
purposes of:
22
(i) carrying out the officer's powers, duties and functions
23
as an employee in the provider's service, or a member
24
of the provider's staff; or
25
(ii) performing services for or on behalf of the provider.
26
(4) A VET student loan officer of a VET student loan scheme
27
provider is a person who:
28
(a) is employed in the service of the provider; or
29
(b) is a member of the staff of the provider, whether or not the
30
person is employed by the provider; or
31
(c) performs services for or on behalf of the provider.
32
(5) The VET student loan principal executive officer of a VET
33
student loan scheme provider is the person who has executive
34
responsibility for the operation of the provider.
35
VET Student Loans Ombudsman Schedule 1
No. , 2017
Education and Other Legislation Amendment Bill (No. 1) 2017
11
20ZT Duty to accord procedural fairness
1
The VET Student Loans Ombudsman must comply with the rules
2
of procedural fairness when exercising a power under this Act.
3
Example 1: If the VET Student Loans Ombudsman sets out a critical opinion of a
4
person in a report under section 20ZV (reports to VET student loan
5
scheme providers), he or she must give that person an opportunity to
6
appear and make submissions to him or her (see subsection 8(5)).
7
Example 2: The VET Student Loans Ombudsman must accord procedural fairness
8
to a person if he or she sets out a critical opinion of the person:
9
(a) in disclosing information, or making a statement, under
10
subsection 35A(1) (disclosure of information by Ombudsman);
11
or
12
(b) in referring to an investigation in a report under section 20ZX
13
(annual and other reports by the VET Student Loans
14
Ombudsman).
15
Division 4--Reporting by the VET Student Loans
16
Ombudsman
17
20ZU Disclosure of identifying information
18
The VET Student Loans Ombudsman must not, in referring to an
19
investigation in a report under section 20ZV or 20ZX, disclose the
20
name of a complainant who is an individual, or any other matter
21
that would enable such an individual to be identified, unless it is
22
fair and reasonable in all the circumstances to do so.
23
20ZV Reports to VET student loan scheme providers
24
(1) This section applies if:
25
(a) an investigation under this Act into action taken by a VET
26
student loan scheme provider has been completed; and
27
(b) the VET Student Loans Ombudsman is of the opinion that
28
the action taken:
29
(i) appears to have been contrary to law; or
30
(ii) was unreasonable, unjust, oppressive or improperly
31
discriminatory; or
32
(iii) was otherwise, in all the circumstances, wrong; and
33
(c) the VET Student Loans Ombudsman is of the opinion that:
34
Schedule 1 VET Student Loans Ombudsman
12
Education and Other Legislation Amendment Bill (No. 1) 2017
No. , 2017
(i) some particular action could be, and should be, taken to
1
rectify, mitigate or alter the effects of the action taken;
2
or
3
(ii) a policy or practice on which the action taken was based
4
should be altered; or
5
(iii) reasons should have been, but were not, given for the
6
action taken; or
7
(iv) any other thing should be done in relation to the action
8
taken.
9
(2) The VET Student Loans Ombudsman must report accordingly to
10
the VET student loan scheme provider.
11
(3) The VET Student Loans Ombudsman:
12
(a) must include in the report his or her reasons for the opinions
13
specified in the report; and
14
(b) may also include in the report any recommendations he or
15
she thinks fit to make.
16
(4) The VET Student Loans Ombudsman may ask the VET student
17
loan scheme provider to give him or her, within a specified time,
18
particulars of any action that the VET student loan scheme
19
provider proposes to take with respect to the matters and
20
recommendations included in the report.
21
(5) The VET student loan scheme provider may give the VET Student
22
Loans Ombudsman comments about the report.
23
(6) The VET Student Loans Ombudsman must give the Secretary of
24
the Department administered by the Minister administering the
25
VET Student Loans Act 2016 a copy of:
26
(a) the report; and
27
(b) any comments given under subsection (5).
28
(7) The VET Student Loans Ombudsman may also give to that
29
Minister a copy of:
30
(a) the report; and
31
(b) any comments given under subsection (5).
32
VET Student Loans Ombudsman Schedule 1
No. , 2017
Education and Other Legislation Amendment Bill (No. 1) 2017
13
20ZW Minister to table reports about VET student loan scheme
1
providers in Parliament
2
(1) This section applies if:
3
(a) the VET Student Loans Ombudsman has given a report under
4
section 20ZV to a VET student loan scheme provider
5
(together with any comments by the provider under that
6
section); and
7
(b) action that is, in the opinion of the VET Student Loans
8
Ombudsman, adequate and appropriate in the circumstances
9
is not taken with respect to the matters and recommendations
10
included in the report within a reasonable time after the
11
report was given to the VET student loan scheme provider.
12
(2) The VET Student Loans Ombudsman may:
13
(a) give a copy of the report and any comments to the Minister
14
administering the VET Student Loans Act 2016 (if not already
15
given to that Minister under 20ZV(7)); and
16
(b) request that Minister to cause copies of the report and any
17
comments to be laid before each House of the Parliament.
18
(3) If the VET Student Loans Ombudsman makes a request under
19
subsection (2), the Minister administering the VET Student Loans
20
Act 2016 must cause copies of the report and any comments to be
21
laid before each House of the Parliament within 15 sitting days of
22
that House after that Minister receives the request.
23
20ZX Annual and other reports by the VET Student Loans
24
Ombudsman
25
Annual reports and other reports
26
(1) As soon as practicable after the end of each financial year, the VET
27
Student Loans Ombudsman must give an annual report to the
28
Minister administering this Act, for presentation to the Parliament,
29
on the operations of the VET Student Loans Ombudsman during
30
the financial year.
31
(2) The VET Student Loans Ombudsman may, from time to time, give
32
the Minister administering this Act, for presentation to the
33
Parliament, a report:
34
Schedule 1 VET Student Loans Ombudsman
14
Education and Other Legislation Amendment Bill (No. 1) 2017
No. , 2017
(a) on the operations of the VET Student Loans Ombudsman
1
during a part of a year; or
2
(b) in relation to any matter relating to, or arising in connection
3
with, the exercise of the powers, or the performance of the
4
functions, of the VET Student Loans Ombudsman.
5
(3) The VET Student Loans Ombudsman may also give a copy of a
6
report under subsection (1) or (2) to the Secretary of the
7
Department administered by the Minister administering the VET
8
Student Loans Act 2016.
9
(4) Subsections (1), (2) and (3) do not affect the powers and duties of
10
the VET Student Loans Ombudsman under section 20ZV or
11
20ZW.
12
Tabling and inclusion in other reports
13
(5) If the VET Student Loans Ombudsman gives a report to the
14
Minister administering this Act under subsection (1) or (2), the
15
Minister must cause the report to be laid before each House of the
16
Parliament within 15 sitting days of that House after the Minister
17
receives the report.
18
(6) A report relating to the operations of the VET Student Loans
19
Ombudsman during a period may be included in a report under:
20
(a) section 19 of this Act; or
21
(b) section 46 of the Public Governance, Performance and
22
Accountability Act 2013;
23
relating to the operations of the Ombudsman during that period.
24
Content of report
25
(7) A report relating to the operations of the VET Student Loans
26
Ombudsman during a period must:
27
(a) set out the number of complaints received by the VET
28
Student Loans Ombudsman under this Part during that
29
period; and
30
(b) if the VET Student Loans Ombudsman has investigated any
31
matters under paragraph 20ZO(a)--set out:
32
(i) the number of such investigations started during that
33
period; and
34
VET Student Loans Ombudsman Schedule 1
No. , 2017
Education and Other Legislation Amendment Bill (No. 1) 2017
15
(ii) the number of such investigations completed during that
1
period; and
2
(c) if the VET Student Loans Ombudsman has investigated any
3
matters under paragraph 20ZO(b)--set out:
4
(i) the number of such investigations started during that
5
period; and
6
(ii) the number of such investigations completed during that
7
period; and
8
(d) set out:
9
(i) the number of times the VET Student Loans
10
Ombudsman has made a requirement of a person under
11
section 9 during that period; and
12
(ii) the circumstances in which each of those requirements
13
was made.
14
(8) A report relating to the operations of the VET Student Loans
15
Ombudsman during a period may include:
16
(a) details of the circumstances and number of occasions during
17
that period when the VET Student Loans Ombudsman
18
decided, under section 20ZQ, to refer a matter to another
19
body; and
20
(b) details of recommendations made during that period in
21
reports under section 20ZV; and
22
(c) statistical information about actions taken during that period
23
as a result of such recommendations; and
24
(d) details of action that the VET Student Loans Ombudsman
25
took during the period to promote best practice in dealing
26
with complaints; and
27
(e) details of the VET Student Loans Ombudsman's observations
28
during the period regarding:
29
(i) any trends in complaints; or
30
(ii) any broader issues that arise from investigations.
31
20ZY VET Student Loans Ombudsman may notify of misconduct
32
(1) This section applies if the VET Student Loans Ombudsman forms
33
the opinion, either before or after completing an investigation
34
under this Act, that there is evidence that a VET student loan
35
officer of a VET student loan scheme provider has engaged in
36
misconduct.
37
Schedule 1 VET Student Loans Ombudsman
16
Education and Other Legislation Amendment Bill (No. 1) 2017
No. , 2017
(2) If the VET Student Loans Ombudsman is of the opinion that the
1
evidence is, in all the circumstances, of sufficient force to justify
2
his or her doing so, the VET Student Loans Ombudsman may bring
3
the evidence to the notice of the VET student loan principal
4
executive officer of the provider.
5
20ZZ Limitation on liability where information or documents
6
provided in good faith or when required to do so
7
(1) A person is neither liable to a proceeding, nor subject to a liability,
8
under an enactment merely because the person, in good faith and in
9
relation to the VET Student Loans Ombudsman's functions or
10
powers:
11
(a) gives information to the VET Student Loans Ombudsman
12
(other than in accordance with a requirement under
13
section 9); or
14
(b) gives a document or other record to the VET Student Loans
15
Ombudsman (other than in accordance with a requirement
16
under section 9).
17
Note:
For information, documents or other records given in accordance with
18
a requirement under section 9, see subsections 9(4) and (5).
19
(2) To avoid doubt, subsection (1) does not prevent the person from
20
being liable to a proceeding, or being subject to a liability, for
21
conduct of the person that is revealed by the information,
22
document or record given to the VET Student Loans Ombudsman.
23
(3) This section does not limit section 37.
24
Division 5--Other provisions relating to the VET Student
25
Loans Ombudsman
26
20ZZA Part does not limit application of other provisions
27
This Part does not, by implication, affect the operation of other
28
provisions of this Act.
29
20ZZB Alternative constitutional basis
30
Without limiting its effect apart from this section, this Part also has
31
the effect it would have if each reference to a VET student loan
32
VET Student Loans Ombudsman Schedule 1
No. , 2017
Education and Other Legislation Amendment Bill (No. 1) 2017
17
scheme provider were expressly confined to a VET student loan
1
scheme provider that is a corporation to which paragraph 51(xx) of
2
the Constitution applies.
3
5 Section 20ZL
4
Renumber as section 21A.
5
6 After subsection 34(2C)
6
Insert:
7
(3) The VET Student Loans Ombudsman may, either generally or as
8
otherwise provided by the instrument of delegation, by instrument
9
in writing, delegate to a person all or any of his or her powers
10
under this Act, other than his or her powers under, or referred to, in
11
the following provisions:
12
(a) section 20ZV (reports to VET student loan scheme
13
providers);
14
(b) section 20ZW (Minister to table reports about VET student
15
loan scheme providers in Parliament);
16
(c) section 20ZX (annual and other reports by the VET Student
17
Loans Ombudsman).
18
VET Student Loans Act 2016
19
7 Section 6
20
Insert:
21
member of an approved external dispute resolution scheme that is
22
Part IIE of the Ombudsman Act 1976 (which establishes the VET
23
Student Loans Ombudsman): see section 42BA of this Act.
24
8 Section 6 (paragraph (b) of the definition of officer of an
25
approved external dispute resolution scheme operator)
26
Repeal the paragraph, substitute:
27
(b) if the VET Student Loans Ombudsman is an approved
28
external dispute resolution scheme operator--the VET
29
Student Loans Ombudsman or a member of the staff of the
30
VET Student Loans Ombudsman (see Part IIE of the
31
Ombudsman Act 1976); or
32
Schedule 1 VET Student Loans Ombudsman
18
Education and Other Legislation Amendment Bill (No. 1) 2017
No. , 2017
(c) in any case--a person who performs services for or on behalf
1
of an approved external dispute resolution operator.
2
9 At the end of paragraph 25(2)(h)
3
Add:
4
Note:
If Part IIE of the Ombudsman Act 1976 (VET Student Loans
5
Ombudsman) is an external dispute resolution scheme, all
6
approved course providers are taken to be members of the
7
scheme (see section 42BA).
8
10 After section 42B
9
Insert:
10
42BA External dispute resolution scheme--VET Student Loans
11
Ombudsman
12
If Part IIE of the Ombudsman Act 1976 is specified as an external
13
dispute resolution scheme under section 42A:
14
(a) the scheme is taken to be operated by the VET Student Loans
15
Ombudsman; and
16
(b) all approved course providers are taken to be members of the
17
scheme.
18
Amendment of the Australian Research Council Act 2001 Schedule 2
No. , 2017
Education and Other Legislation Amendment Bill (No. 1) 2017
19
Schedule 2--Amendment of the Australian
1
Research Council Act 2001
2
3
Australian Research Council Act 2001
4
1 At the end of subsection 48(2)
5
Add:
6
; (p) the financial year starting on 1 July 2019.
7
2 Paragraphs 49(q) to (s)
8
Repeal the paragraphs, substitute:
9
(q) for the financial year starting on 1 July 2016--$744,363,000;
10
and
11
(r) for the financial year starting on 1 July 2017--$746,852,000;
12
and
13
(s) for the financial year starting on 1 July 2018--$736,179,000;
14
and
15
(t) for the financial year starting on 1 July 2019--$747,812,000.
16