Commonwealth Consolidated Acts

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OMBUDSMAN ACT 1976 - SECT 21AV

Reports to higher education providers

  (1)   This section   applies if:

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

  (b)   the National Student Ombudsman is of the opinion that the action taken:

  (i)   appears to have been contrary to law; or

  (ii)   was unreasonable, unjust, oppressive or improperly discriminatory; or

  (iii)   was otherwise, in all the circumstances, wrong; and

  (c)   the National Student Ombudsman is of the opinion that:

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

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

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

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

  (2)   The National Student Ombudsman must report accordingly to the higher education provider.

  (3)   The National Student Ombudsman:

  (a)   must include in the report the National Student Ombudsman's reasons for the opinions specified in the report; and

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

  (4)   The National Student Ombudsman may ask the higher education provider to give the National Student Ombudsman, within a specified time, particulars of any action that the higher education provider proposes to take with respect to the matters and recommendations included in the report.

  (5)   The higher education provider may give the National Student Ombudsman comments about the report.

  (6)   The National Student Ombudsman may give a copy of the report, and any comments given under subsection   (5), to one or more of following:

  (a)   the Higher Education Minister;

  (b)   the Secretary of the Higher Education Department;

  (c)   the Chief Executive Officer of TEQSA.



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