Application of Act to VET Student Loans Ombudsman
20ZS Application of Act to VET Student Loans Ombudsman
Each provision of this Act specified in Column 1 of this table applies in relation to the VET Student Loans Ombudsman in accordance with the table:
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). |
9 | subsection 35(6A) (officers to observe confidentiality) | paragraph 6(4D)(e) (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 National Anti‑Corruption Commissioner or Inspector) | paragraph 5(1)(b) (functions of Ombudsman) | paragraph 20ZO(b) (investigations). |
11 | subsection 35C(2) (paragraph (a) of the definition of listed disclosure method) (disclosure of NACC information) | Division 2 of Part II (reports) | Division 4 of this Part (reporting by the VET Student Loans Ombudsman). |
12 | subsection 35C(2) (paragraph (b) of the definitions of listed disclosure method) (disclosure of NACC information) | section 6 (discretion not to investigate certain complaints) | paragraph 20ZQ(2)(b) (referral of complaints to other bodies). |
This subsection covers the following provisions:
the definition of authorized person in subsection 3(1) (interpretation);
section 7 (complaints);
section 7A (preliminary inquiries);
section 8 (investigations), other than:
paragraph (7A)(b); and
subsections (8) to (12);
section 8A (investigations by Commonwealth and State Ombudsmen), other than subsections (1A) to (1D);
section 9 (power to obtain information and documents), other than:
paragraphs (1AA)(ab) and (ac); and
paragraph (4)(ab);
section 11A (powers of Federal Court of Australia), other than subsections (1) and (5);
section 12 (complainant and Department etc. to be informed);
section 13 (power to examine witnesses);
section 31 (staff), other than subsection (2);
Part IV (miscellaneous), other than the following:
subsections 34(1) to (2C) (delegation);
paragraph 35(1)(e) and (f) and subparagraph (3)(b)(ia) (officers to observe confidentiality);
subsection 35A(3) (disclosure of information by Ombudsman).
Section 14 (power to enter premises) applies in relation to the VET Student Loans Ombudsman as if paragraph 14(1)(a) referred to:
a place that is occupied by a VET student loan scheme provider; or
a place that is occupied by a VET student loan scheme officer of a VET student loan scheme provider predominantly for the purposes of:
carrying out the officer’s powers, duties and functions as an employee in the provider’s service, or a member of the provider’s staff; or
performing services for or on behalf of the provider.
Section 14A (power to obtain access to documents etc. by remote means) applies in relation to the VET Student Loans Ombudsman as if:
a reference in subsections 14A(1) and (2) to any of the following were a reference to a VET student loan scheme provider:
a Department;
a prescribed authority;
a Commonwealth service provider of a Department or prescribed authority under a contract; and
paragraph 14A(5)(a) were omitted and the following paragraph substituted:
“(a) the person is the VET student loan principal executive officer of a VET student loan scheme provider; and”.
A VET student loan officer of a VET student loan scheme provider is a person who:
is employed in the service of the provider; or
is a member of the staff of the provider, whether or not the person is employed by the provider; or
performs services for or on behalf of the provider.
The VET student loan principal executive officer of a VET student loan scheme provider is the person who has executive responsibility for the operation of the provider.
This Act’s bill:Second reading speech
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