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OMBUDSMAN ACT 1976 - SECT 20ZM

Functions of VET Student Loans Ombudsman

  (1)   The functions of the VET Student Loans Ombudsman are as follows:

  (a)   to conduct investigations, and make recommendations and other reports, under this Part   in relation to the following:

  (i)   VET loan assistance;

  (ii)   compliance by VET student loan scheme providers with the VET Student Loans Act 2016 , the Higher Education Support Act 2003 and any legislative instruments under either of those Acts;

  (b)   to give VET student loan scheme providers advice and training about the best practice for the handling of complaints made to them by VET students in relation to VET loan assistance;

  (c)   to develop and promote, and to review from time to time, a code of practice relating to the following:

  (i)   the provision of services to VET students by VET student loan scheme providers in relation to VET loan assistance;

  (ii)   the handling of complaints made by VET students to VET student loan scheme providers in relation to VET loan assistance;

  (ca)   to make recommendations, to the Secretary of the Department administered by the Minister administering the Higher Education Support Act 2003 , about the re - crediting of the HELP balances of particular persons or classes of persons under clauses   46A and 46AA of Schedule   1A of that Act;

  (d)   to perform any other function conferred on the VET Student Loans Ombudsman by this Act or another Act, or a legislative instrument made under this Act or another Act.

Note:   The VET Student Loans Ombudsman may conduct an investigation in relation to a complaint, or on his or her own initiative (see section   20ZO).

  (2)   In developing or reviewing a code of practice for the purposes of paragraph   (1)(c), the VET Student Loans Ombudsman may consult with the following:

  (a)   VET student loan scheme providers ;

  (b)   vocational education and training industry groups;

  (c)   vocational education and training student bodies;

  (d)   Commonwealth, State and Territory agencies and other bodies with responsibilities in relation to vocational education and training, including the following:

  (i)   the Department responsible for the administration of the VET Student Loans Act 2016 ;

  (ii)   the National VET Regulator within the meaning of the National Vocational Education and Training Regulator Act 2011 ;

  (iii)   State and Territory bodies with responsibility for registering vocational education and training providers.

  (3)   A code of practice developed for the purposes of paragraph   (1)(c) is not a legislative instrument.

  (4)   VET loan assistance means:

  (a)   a VET student loan within the meaning of the VET Student Loans Act 2016 ; or

  (b)   VET FEE - HELP assistance within the meaning of the Higher Education Support Act 2003 .

Note:   This Part does not prevent actions taken by a Department, the Secretary of a Department or a Minister in relation to the provision of VET loan assistance from being investigated by the Commonwealth Ombudsman under provisions of this Act other than this Part: see section   20ZZA.



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