Universities Accord (National Student Ombudsman) Act 2024 (139 of 2024)

Schedule 1   National Student Ombudsman

Part 1   Main amendments

Ombudsman Act 1976

2   Subsection 3(1)

Insert:

alternative dispute resolution process means a procedure or service that:

(a) is for the resolution of disputes, including mediation and conciliation (but not including arbitration or court processes or services); and

(b) does not involve the exercise of the judicial power of the Commonwealth.

Commonwealth entity has the same meaning as in thePublic Governance, Performance and Accountability Act 2013.

constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

constitutional provider means:

(a) a constitutional corporation; or

(b) a body corporate that is established by or under a law of the Commonwealth or a Territory.

engage in conduct means:

(a) do an act; or

(b) omit to do an act.

excluded action has the meaning given by subsections 21AD(3) and (4).

Higher Education Department means the Department administered by the Higher Education Minister.

Higher Education Minister means the Minister administering the TEQSA Act.

higher education officer , of a higher education provider, means a person who:

(a) is an officer or employee of the provider; or

(b) performs services for or on behalf of the provider (other than a person covered paragraph (a)).

higher education principal executive officer , of a higher education provider, means the person who has executive responsibility for the operation of the provider.

higher education provider means a constitutional provider that is:

(a) registered under Part 3 of the TEQSA Act; and

(b) listed on the National Register of Higher Education Providers under paragraph 198(1)(a) of that Act.

higher education student , of a higher education provider, means:

(a) a student enrolled in any course of study with the higher education provider (other than a student enrolled only in a VET course with the provider); or

(b) a prospective student, or a former student, in relation to any course of study (other than a VET course) with the higher education provider.

Note: A course of study includes, for example, an enabling course and a microcredential course.

National Student Ombudsman Rules means rules made under section 21AZL.

restorative engagement process means a facilitated process that:

(a) is for the purpose of a complainant engaging with a higher education officer of a higher education provider that is the subject of the complainant's complaint to have the complaint acknowledged; and

(b) does not involve the exercise of the judicial power of the Commonwealth.

State or Territory body includes a Department of State, or an authority or agency, of a State or Territory.

takes a reprisal : see section 35D.

TEQSA (short for Tertiary Education Quality and Standards Agency) means the body established by section 132 of the TEQSA Act.

TEQSA Act means theTertiary Education Quality and Standards Agency Act 2011.

VET course has the same meaning as in theNational Vocational Education and Training Regulator Act 2011.