Commonwealth Consolidated Acts

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OMBUDSMAN ACT 1976 - SECT 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.



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