Document ID: chunk:federal_register_of_legislation:C2011A00011:clause:2_19zl
Version: federal_register_of_legislation:C2011A00011
Segment Type: clause
Provision Reference: sch 2 cl 19ZL
Character Range: 15715–16983

19ZL  Discretion not to investigate certain complaints
 (1) This section applies if:
 (a) a complaint has been made to the Overseas Students Ombudsman with respect to action taken by a private registered provider; and
 (b) the Overseas Students Ombudsman is of the opinion that:
 (i) the complaint is frivolous or vexatious or was not made in good faith; or
 (ii) the complainant does not have a sufficient interest in the subject matter of the complaint; or
 (iii) an investigation, or further investigation, of the action is not warranted having regard to all the circumstances; or
 (iv) the complainant has not yet raised the complaint with the registered provider; or
 (v) the action came to the complainant's knowledge more than 12 months before the complaint was made; or
 (vi) the complainant has, or had, a right to cause the action to which the complaint relates to be reviewed by a court or by a tribunal constituted by or under an enactment but has not exercised that right.
 (2) The Overseas Students Ombudsman may, in his or her discretion:
 (a) decide not to investigate the action; or
 (b) if he or she has started to investigate the action—decide not to investigate the action further.

Division 3—Powers and duties of the Overseas Students Ombudsman