Commonwealth Consolidated Acts

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OMBUDSMAN ACT 1976 - SECT 21AM

Conducting an alternative dispute resolution process

  (1)   The National Student Ombudsman may try to settle a complaint made under this Part by using an alternative dispute resolution process conducted by:

  (a)   the National Student Ombudsman; or

  (b)   a person engaged by the Ombudsman under section   31A.

Note:   The National Student Ombudsman must have the complainant's agreement to act under this section   and cannot continue if the complaint is withdrawn (see subsections   21AG(2) and (3)).

  (2)   A person's participation in an alternative dispute resolution may be:

  (a)   voluntary; or

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

  (3)   A person required to participate in an alternative dispute resolution process must act in good faith in relation to the conduct of the alternative dispute resolution process.

Alternative dispute resolution practitioners

  (4)   Subject to section   35, a person engaged by the Ombudsman under section   31A to conduct an alternative dispute resolution process under this Subdivision is not personally liable to an action or other proceeding for damages in relation to anything done or omitted to be done, reasonably and in good faith, in or in relation to the conduct of the alternative dispute resolution process.



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