21AZCApplication of certain provisions of the Act

#### 21AZC Application of certain provisions of the Act Application of certain provisions—general (1) Subject to this section, the provisions covered by subsection (2) apply in relation to the National Student Ombudsman as if: (a) a reference in any of those provisions to the Ombudsman or the Commonwealth Ombudsman were a reference to the National Student Ombudsman; and (b) a reference in any of those provisions to a Department or a prescribed authority were a reference to a higher education provider; and (c) a reference in any of those provisions to a principal officer of a Department or a prescribed authority were a reference to the higher education principal executive officer of a higher education provider; and (d) a reference in any of those provisions to an officer of a Department or a prescribed authority were a reference to a higher education officer of a higher education provider. (2) This subsection covers the following provisions: (a) the definition of authorized person in subsection 3(1); (b) section 7 (complaints); (c) section 11A (powers of Federal Court of Australia), other than subsections 11A(1) and (5); (d) section 12 (complainant and Department etc. to be informed); (e) section 13 (power to examine witnesses); (f) section 14 (power to enter premises); (fa) section 14A (power to obtain access to documents etc. by remote means), other than subsection 14A(3); (g) section 31 (staff), other than subsection 31(2); (h) Part IV (miscellaneous), other than the following: (i) subsections 34(1) to (3) (delegation); (ii) paragraphs 35(1)(e) and (f) and subparagraph 35(3)(b)(ia) (officers to observe confidentiality). Application of section 7—complaints (3) Section 7 applies as if a reference to investigating a complaint were a reference to dealing with a complaint as mentioned in subsection 21AG(1) (ways of dealing with complaints). Application of section 11A—powers of Federal Court of Australia (4) Section 11A applies as if subsection 11A(2) were omitted and the following subsection substituted: “(2) If a person fails to comply with a requirement made by the National Student Ombudsman by notice under section 21AZA to give information, produce documents or other records or attend to answer questions, the National Student Ombudsman may make an application to the Federal Court of Australia for an order directing that person to: (a) give the information, or produce the documents or other records, to the National Student Ombudsman within such period as specified in the order; or (b) attend before the National Student Ombudsman, or an authorized person, to answer questions at such location, and on such date and at such time, as are specified in the order.”. (5) Subsection 11A(4) applies as if a reference to the Minister were a reference to the Minister and the Higher Education Minister. Application of section 12—complainant and Department etc. to be kept informed (6) Subsections 12(4) and (5) apply as if a reference to section 15 were a reference to section 21AV (reports to higher education providers). Application of section 13—power to examine witnesses (7) Section 13 applies as if: (a) a reference to section 9 were a reference to section 21AZA (notice requiring information, documents or attendance to answer questions); and (b) a reference to subsection 9(2) were a reference to subsection 21AZA(1) (notice requiring information, documents or attendance to answer questions). Application of section 14—power to enter premises (8) Section 14 applies as if: (a) paragraph 14(1)(a) referred to a place that is occupied by a higher education provider; and (b) the reference to the operation of section 9 were a reference to the operation of section 21AZA (notice requiring information, documents or attendance to answer questions). Application of section 14A—power to obtain access to documents etc. by remote means (8A) Subsection 14A(4) applies as if the reference to the operation of section 9 were a reference to the operation of section 21AZA (notice requiring information, documents or attendance to answer questions). Application of section 35AA—disclosure of information and documents to National Anti‑Corruption Commissioner or Inspector (9) Section 35AA applies as if a reference to paragraph 5(1)(b) were a reference to paragraph 21AT(1)(b) (investigations). Application of section 35A—Disclosure of information by Ombudsman (10) Section 35A applies as if: (a) a reference to subsection 8(5) were a reference to subsection 21AU(3) (right to make submissions); and (b) a reference to subsection 8(2) were a reference to subsection 21AU(2) (investigations to be in private). Application of definition of listed disclosure method (11) The definition of listed disclosure method in subsections 35B(2) and 35C(2) applies as if: (a) a reference to Division 2 of Part II were a reference to section 21AV (reports to higher education providers) or 21AX (annual and other reports by the National Student Ombudsman); and (b) a reference to another person or authority under section 6 or 6A were a reference to another body under section 21AH (referral of matter raised in complaints). Application of section 37—protection from civil actions (12) Section 37 applies as if a reference to section 9 were a reference to section 21AZA (notice requiring information, documents or attendance to answer questions).