Document ID: chunk:federal_register_of_legislation:C2011A00011:clause:2_19zk
Version: federal_register_of_legislation:C2011A00011
Segment Type: clause
Provision Reference: sch 2 cl 19ZK
Character Range: 13656–15715

19ZK  Transfer of 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, either before or after starting to investigate that action, forms the opinion that:
 (i) a statutory complaint handler has the function of investigating, reviewing or enquiring into action of that kind; or
 (ii) a statutory office‑holder has the function of investigating, reviewing or enquiring into action of that kind.
 (2) In the case of a statutory complaint handler, the Overseas Students Ombudsman:
 (a) must not investigate or further investigate the action; and
 (b) must transfer the complaint to the statutory complaint handler.
 (3) In the case of a statutory office‑holder, if the Overseas Students Ombudsman considers the action could be more conveniently or effectively dealt with by the statutory office‑holder, the Overseas Students Ombudsman:
 (a) may decide not to investigate or further investigate the action; and
 (b) if that decision is made, must transfer the complaint to the statutory office‑holder.
 (4) If the Overseas Students Ombudsman transfers a complaint under this section, the Overseas Students Ombudsman must, as soon as is reasonably practicable:
 (a) give notice of the transfer to the complainant; and
 (b) give any information or documents that relate to the complaint and are in the possession or under the control of the Overseas Students Ombudsman to the statutory complaint handler or statutory office‑holder.
 (5) In this section:
statutory complaint handler means a person, prescribed under the regulations, who has a function of investigating action taken by a private registered provider in connection with an overseas student, an intending overseas student, or an accepted student, within the meaning of the Overseas Students Act.
statutory office‑holder means a person who holds any office or appointment under a law of the Commonwealth, or under a law of a State or Territory.