19ZLDiscretion not to investigate certain complaints

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.