Ombudsman Act 1976

The functions of the VET Student Loans Ombudsman are as follows:

to conduct investigations, and make recommendations and other reports, under this Part in relation to the following:

VET loan assistance;

compliance by VET student loan scheme providers with the VET Student Loans Act 2016, the Higher Education Support Act 2003 and any legislative instruments under either of those Acts;

to give VET student loan scheme providers advice and training about the best practice for the handling of complaints made to them by VET students in relation to VET loan assistance;

to develop and promote, and to review from time to time, a code of practice relating to the following:

the provision of services to VET students by VET student loan scheme providers in relation to VET loan assistance;

the handling of complaints made by VET students to VET student loan scheme providers in relation to VET loan assistance;

to make recommendations, to the Secretary of the Department administered by the Minister administering the Higher Education Support Act 2003, about the re‑crediting of the HELP balances of particular persons or classes of persons under clauses 46A and 46AA of Schedule 1A of that Act;

to perform any other function conferred on the VET Student Loans Ombudsman by this Act or another Act, or a legislative instrument made under this Act or another Act.

The VET Student Loans Ombudsman may conduct an investigation in relation to a complaint, or on his or her own initiative (see section 20ZO).

In developing or reviewing a code of practice for the purposes of paragraph (1)(c), the VET Student Loans Ombudsman may consult with the following:

VET student loan scheme providers;

vocational education and training industry groups;

vocational education and training student bodies;

Commonwealth, State and Territory agencies and other bodies with responsibilities in relation to vocational education and training, including the following:

the Department responsible for the administration of the VET Student Loans Act 2016;

the National VET Regulator within the meaning of the National Vocational Education and Training Regulator Act 2011;

State and Territory bodies with responsibility for registering vocational education and training providers.

A code of practice developed for the purposes of paragraph (1)(c) is not a legislative instrument.

VET loan assistance means:

a VET student loan within the meaning of the VET Student Loans Act 2016; or

VET FEE‑HELP assistance within the meaning of the Higher Education Support Act 2003.

This Part does not prevent actions taken by a Department, the Secretary of a Department or a Minister in relation to the provision of VET loan assistance from being investigated by the Commonwealth Ombudsman under provisions of this Act other than this Part: see section 20ZZA.