A new National Student Ombudsman should be in place by February, with enabling legislation introduced into Federal Parliament this week.
Federal Education Minister Jason Clare said the independent Ombudsman would investigate student complaints and resolve disputes with universities.
Minister Clare said the new position was part of a plan to address gender-based violence in higher education.
“Not enough has been done to address sexual violence in our universities, and for too long, students haven’t been heard,” he said.
Minister Clare said the 2021 National Student Survey showed one in 20 students had been sexually assaulted since they started university and one in six had been sexually harassed.
He said one in two felt they weren’t heard when they made a complaint.
“The Ombudsman will allow all higher education students to escalate complaints about the actions of their higher education provider, including complaints about sexual assault and sexual harassment.”
Minister Clare said the role of the Ombudsman would include:
- Considering whether decisions and actions taken by providers were unreasonable, unjust, oppressive, discriminatory or otherwise wrong.
- Responding to a complaint while a provider was still considering the issue if there were unreasonable delays, or the provider was acting unreasonably.
- Recommending a provider take specific steps to resolve the complaint.
- Sharing information with relevant regulators for further compliance action if needed.
- Offering a restorative engagement process between the student and the provider.
“The Ombudsman will have strong investigative powers including requiring a person or university to provide information.”
He said a National Higher Education Code to Prevent and Respond to Gender-based Violence would also be established.
“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 homophobia, antisemitism or Islamophobia or other forms of racism on campus.”
Minister Clare said the Ombudsman would not handle complaints about issues such as academic judgement or legal employment matters.
He said, subject to the passage of legislation, the National Student Ombudsman would start taking complaints from February 1, 2025.
