Document ID: chunk:federal_register_of_legislation:C2025C00095:section:21ae
Version: federal_register_of_legislation:C2025C00095
Segment Type: section
Provision Reference: s 21AE
Character Range: 285030–287445

21AE  Complaints taken to be made to the National Student Ombudsman

Complaints transferred from a prescribed body
 (1) A complaint, or part of a complaint, about an action taken by a higher education provider is taken to be a complaint made to the National Student Ombudsman under this Part if:
 (a) the complaint was made to a prescribed body by, or on behalf of, a higher education student of the provider; and
 (b) the prescribed body transfers the complaint, or part of the complaint, to the National Student Ombudsman in accordance with a law of the Commonwealth, a State or a Territory.
Note: See also subsection 21AZF(1) for when complaints made to the Commonwealth Ombudsman, Overseas Students Ombudsman or VET Student Loans Ombudsman can be dealt with as complaints made to the National Student Ombudsman under this Part.

Transfer of complaints and sharing of information and documents
 (2) A prescribed body may transfer to the National Student Ombudsman a complaint, or part of a complaint, about an action taken by a higher education provider that was made to the prescribed body by, or on behalf of, a higher education student of the provider.
 (3) A prescribed body is authorised to disclose to the National Student Ombudsman any information or documents in the possession, or under the control, of the prescribed body that relate to a complaint of a kind mentioned in subsection (2) for the purpose of:
 (a) transferring, or determining whether to transfer, the complaint to the National Student Ombudsman; or
 (b) assisting the National Student Ombudsman to perform its functions or duties or exercise its powers under this Part in relation to action taken by higher education providers.
Note: This subsection constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.
 (4) Subsections (2) and (3) have effect despite anything in another law of the Commonwealth, or a law of a State or Territory:
 (a) whether written or unwritten; and
 (b) whether enacted before or after the commencement of this Part.

Definitions
 (5) In this section:
prescribed body means:
 (a) an Ombudsman of a State; or
 (b) a State or Territory body prescribed by the National Student Ombudsman Rules for the purposes of this paragraph; or
 (c) a Commonwealth entity prescribed by the National Student Ombudsman Rules for the purposes of this paragraph.

Subdivision B—Dealing with complaints