Ombudsman Act 1976

The National Student Ombudsman may give a person written notice requiring the person to do one or more of the following:

give to the National Student Ombudsman information specified in the notice;

produce to the National Student Ombudsman any documents or other records specified in the notice;

attend before the National Student Ombudsman, or an authorized person, to answer questions.

However, the National Student Ombudsman must not give a notice to a person under subsection (1) unless:

the National Student Ombudsman reasonably believes that the person is capable of giving the information, producing the documents or records or answering the questions; and

the information, documents, records or attendance to answer questions is relevant to:

determining whether, and how, to deal with a complaint under this Part; or

determining whether to conduct an investigation on the National Student Ombudsman’s own initiative under this Part; or

dealing with a complaint, or conducting an investigation, under this Part; or

considering whether a higher education provider has taken adequate and appropriate action in respect of any recommendations made to the higher education provider under section 21AL or included in a report given to the higher education provider under section 21AV.

A notice under subsection (1) must:

for a notice requiring the giving of information or production of documents or other records—specify a reasonable period within which the person must comply with the notice (which must be at least 14 days after the day the notice is given); and

for a notice requiring attendance to answer questions—include the following information:

the date and time for attendance (which must be at least 14 days after the day the notice is given);

the location for attendance; and

include any other information prescribed by the National Student Ombudsman Rules for the purposes of this paragraph.

An individual is not excused from giving information, producing a document or other record or answering a question in accordance with a notice under subsection (1) on the ground that giving the information, producing the document or record or answering the question might tend to incriminate the individual in relation to an offence.

A body corporate is not entitled to claim the privilege against self‑incrimination.

However:

the information given, document or other record produced or answer given; and

the giving of the information, the production of the document or record or the answering of the question; and

any information, document or thing obtained as a direct or indirect consequence of the giving of the information, the production of the document or other record or the answering of the question;

If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to giving information, producing a document or other record or answering a question under this section, the individual is not excused from giving the information, producing the document or record or answering the question under this section on that ground.

A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.

An individual is not excused from giving information, producing a document or other record or answering a question in accordance with a notice under subsection (1) on the ground that doing so:

would disclose legal advice given to any person; or

would disclose a communication that is protected against disclosure by legal professional privilege; or

would otherwise be contrary to the public interest.

Subsection (7) does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that information, document or other record.

The National Student Ombudsman may:

inspect a document or other record produced under this section; and

make and retain copies of, or take and retain extracts from, such a document or record.

The National Student Ombudsman may take possession of a document or other record produced under this section and retain it for as long as is reasonably necessary.

The person otherwise entitled to possession of a document or other record produced under this section is entitled to be supplied, as soon as practicable, with a copy certified by the National Student Ombudsman to be a true copy.

The certified copy must be received in all courts and tribunals as evidence as if it were the original.

Until a certified copy is supplied, the National Student Ombudsman must provide the person otherwise entitled to possession of the document or other record, or a person authorised by that person, reasonable access to the document or record for the purposes of inspecting and making copies of the whole or a part of the document or record.