Commonwealth Consolidated Acts

OMBUDSMAN ACT 1976 - SECT 21AP

Compulsory alternative dispute resolution

  (1)   An alternative dispute resolution process in which a higher education provider is directed to participate ceases:

  (a)   if the higher education provider and the complainant agree to settle the matter; or

  (b)   if the National Student Ombudsman concludes that the matter cannot be settled by using an alternative dispute resolution process.

  (2)   The National Student Ombudsman Rules may prescribe matters to which the National Student Ombudsman is to have regard before concluding that a matter cannot be settled by using an alternative dispute resolution process.

Reports

  (3)   A person engaged by the Ombudsman under section   31A to conduct an alternative dispute resolution process under this Subdivision must, as soon as practicable after the alternative dispute resolution process is conducted or should have been conducted, report to the National Student Ombudsman about:

  (a)   whether the alternative dispute resolution was conducted; and

  (b)   if the alternative dispute resolution failed--the reasons for the failure; and

  (c)   if the parties agreed to settle the complaint--the terms of the settlement, including any action to be taken.