21ANParticipation in alternative dispute resolution process may be compulsory

#### 21AN Participation in alternative dispute resolution process may be compulsory (1) The National Student Ombudsman may direct a higher education provider that is the subject of a complaint made under this Part to participate in an alternative dispute resolution process. (2) The National Student Ombudsman Rules may prescribe matters to which the National Student Ombudsman is to have regard when deciding whether or not to give a direction under subsection (1). (3) The direction must: (a) be in writing; and (b) name either or both of the following: (i) the higher education provider that is subject of the complaint; (ii) a higher education officer of that higher education provider; and (c) be given to those named in it; and (d) specify the time of the alternative dispute resolution process, which must not be earlier than 14 days after the day the direction is given; and (e) specify the place of the alternative dispute resolution process. > Note: Subsection 33(3) of the Acts Interpretation Act 1901 has the effect that the direction may be varied or revoked. (4) A direction under subsection (1) is not a legislative instrument. Offence (5) A person commits an offence if: (a) the person is directed under subsection (1) to participate in an alternative dispute resolution process; and (b) the other party to the alternative dispute resolution process attends, or was willing to attend, the alternative dispute resolution process; and (c) the person fails to participate in part or all of the alternative dispute resolution process. Penalty: 10 penalty units.