Ombudsman Act 1976

Subject to this section, the provisions covered by subsection (2) apply in relation to the National Student Ombudsman as if:

a reference in any of those provisions to the Ombudsman or the Commonwealth Ombudsman were a reference to the National Student Ombudsman; and

a reference in any of those provisions to a Department or a prescribed authority were a reference to a higher education provider; and

a reference in any of those provisions to a principal officer of a Department or a prescribed authority were a reference to the higher education principal executive officer of a higher education provider; and

a reference in any of those provisions to an officer of a Department or a prescribed authority were a reference to a higher education officer of a higher education provider.

This subsection covers the following provisions:

the definition of authorized person in subsection 3(1);

section 7 (complaints);

section 11A (powers of Federal Court of Australia), other than subsections 11A(1) and (5);

section 12 (complainant and Department etc. to be informed);

section 13 (power to examine witnesses);

section 14 (power to enter premises);

section 14A (power to obtain access to documents etc. by remote means), other than subsection 14A(3);

section 31 (staff), other than subsection 31(2);

Part IV (miscellaneous), other than the following:

subsections 34(1) to (3) (delegation);

paragraphs 35(1)(e) and (f) and subparagraph 35(3)(b)(ia) (officers to observe confidentiality).

Section 7 applies as if a reference to investigating a complaint were a reference to dealing with a complaint as mentioned in subsection 21AG(1) (ways of dealing with complaints).

Section 11A applies as if subsection 11A(2) were omitted and the following subsection substituted:

give the information, or produce the documents or other records, to the National Student Ombudsman within such period as specified in the order; or

attend before the National Student Ombudsman, or an authorized person, to answer questions at such location, and on such date and at such time, as are specified in the order.”.

Subsection 11A(4) applies as if a reference to the Minister were a reference to the Minister and the Higher Education Minister.

Subsections 12(4) and (5) apply as if a reference to section 15 were a reference to section 21AV (reports to higher education providers).

Section 13 applies as if:

a reference to section 9 were a reference to section 21AZA (notice requiring information, documents or attendance to answer questions); and

a reference to subsection 9(2) were a reference to subsection 21AZA(1) (notice requiring information, documents or attendance to answer questions).

Section 14 applies as if:

paragraph 14(1)(a) referred to a place that is occupied by a higher education provider; and

the reference to the operation of section 9 were a reference to the operation of section 21AZA (notice requiring information, documents or attendance to answer questions).

Subsection 14A(4) applies as if the reference to the operation of section 9 were a reference to the operation of section 21AZA (notice requiring information, documents or attendance to answer questions).

Section 35AA applies as if a reference to paragraph 5(1)(b) were a reference to paragraph 21AT(1)(b) (investigations).

Section 35A applies as if:

a reference to subsection 8(5) were a reference to subsection 21AU(3) (right to make submissions); and

a reference to subsection 8(2) were a reference to subsection 21AU(2) (investigations to be in private).

The definition of listed disclosure method in subsections 35B(2) and 35C(2) applies as if:

a reference to Division 2 of Part II were a reference to section 21AV (reports to higher education providers) or 21AX (annual and other reports by the National Student Ombudsman); and

a reference to another person or authority under section 6 or 6A were a reference to another body under section 21AH (referral of matter raised in complaints).

Section 37 applies as if a reference to section 9 were a reference to section 21AZA (notice requiring information, documents or attendance to answer questions).