21AUConduct of investigations

#### 21AU Conduct of investigations Provider to be informed (1) The National Student Ombudsman must, before starting an investigation under this Part in relation to action taken by a higher education provider, inform the higher education principal executive officer of the provider that the action is to be investigated. Investigations to be in private (2) An investigation under this Division must be conducted in private and, subject to this Act, in such manner as the National Student Ombudsman thinks fit. Right to make submissions (3) The National Student Ombudsman must not make a report under section 21AV that sets out opinions that are, either expressly or impliedly, critical of a higher education provider or a higher education officer of the provider unless, before completing an investigation under this Division, the National Student Ombudsman has: (a) if the opinions relate to the higher education provider—afforded the higher education principal executive officer of the provider the opportunity to make written submissions about the matter that is the subject of the investigation as the higher education principal executive officer thinks fit; or (b) if the opinions relate to a higher education officer of the provider—afforded the higher education officer the opportunity to make written submissions about the matter that is the subject of the investigation as the higher education officer thinks fit.