The National Student Ombudsman commences from today to hear from students, investigate complaints and resolve disputes with universities.
Sarah Bendall will lead the new National Student Ombudsman function of the Commonwealth Ombudsman's office.
The National Student Ombudsman forms part of the Action Plan to address gender-based violence in higher education, agreed to by Education Ministers earlier last year.
Not enough has been done to address sexual violence in our universities, and for too long, students haven't been heard.
The 2021 National Student Safety Survey shows one in 20 students have been sexually assaulted since they started university and one in six have been sexually harassed. One in two have felt like they weren't heard when they made a complaint.
The Ombudsman will also be able to take complaints from students about a provider's handling of other matters, for example where a student is subjected to antisemitism, Islamophobia or other forms of racism on campus.
It will not handle complaints about issues such as academic judgement or employment matters.
The Ombudsman will allow higher education students to escalate complaints about the actions of their higher education provider.
The Ombudsman will:
- consider whether decisions and actions taken by higher education providers are unreasonable, unjust, oppressive, discriminatory, or otherwise wrong
- recommend a provider takes specific steps to resolve the complaint
- share information with relevant regulators for further compliance action if needed
- offer a restorative engagement process between the student and the provider where appropriate, and
- bring parties together to resolve complaints through an alternative resolution process.
The Ombudsman will also have strong investigative powers, similar to those of a Royal Commission, including:
- to require a university to provide information, documents or other records relevant to an investigation
- to enter premise of a university as part of an investigation, and
- to require an officer or employee of a university to attend and answer questions before the Ombudsman.
The Albanese Government will also next week introduce legislation to establish a National Higher Education Code to Prevent and Respond to Gender-based Violence.
The National Code will set standards and requirements that all higher education providers must meet to make students and staff safer.
Addressing sexual assault and sexual harassment in universities was one of five priority actions from the Australian Universities Accord Interim Report.
The Action Plan was informed by consultation with victim-survivor advocates, students, staff, the higher education sector, student accommodation providers and subject matter experts, including the CEO of Our Watch, Patty Kinnersly, and across governments.
The Action Plan will contribute to the work to end gender-based violence in one generation as outlined in the National Plan to End Violence against Women and Children 2022-2032, which is being led by Minister for Social Services, the Hon Amanda Rishworth MP.
Students can lodge a complaint or find out more by visiting www.nso.gov.au
Quotes attributable to Minister for Education Jason Clare:
"The new National Student Ombudsman will be able to support students and resolve disputes with university providers.
"Not enough has been done to address sexual violence in our universities and for too long students haven't been heard. We're changing that.
"Universities aren't just places where people work and study, they are also places where people live, and we need to ensure they are safe.
"That's why the Albanese Labor Government has listened to students and survivors and taking action and there's more to come.
"We will introduce legislation for a new National Code that will give the Student Ombudsman real teeth to hold providers to account."
Quotes attributable to Attorney-General Mark Dreyfus:
"Everyone should feel safe and supported on university campuses so they have the best chance to succeed and thrive.
"The National Student Ombudsman opening its doors means that now students have a place to go where they can be heard and action can be taken."
If you or someone you know is experiencing, or at risk of experiencing, domestic, family or sexual violence, call 1800RESPECT on 1800 737 732, chat online via www.1800respect.org.au or text 0458 737 732.
