The Albanese Government has unveiled a landmark legislative measure to establish an independent National Student Ombudsman, aimed at addressing student complaints and resolving disputes with universities, particularly regarding gender-based violence.
This move is part of the broader Action Plan to tackle sexual violence in higher education, agreed upon by Education Ministers earlier this year.
The legislation responds to the concerning findings of the 2021 National Student Survey, which revealed that one in 20 students have experienced sexual assault, and one in six have faced sexual harassment since commencing university.
Alarmingly, half of the students surveyed felt their complaints went unheard.
Minister for Education, Jason Clare, stressed the urgency of action:
“Not enough has been done to address sexual violence in our universities and for too long students haven’t been heard. That begins to change with this legislation.”
The newly formed National Student Ombudsman will offer a direct pathway for higher education students to escalate complaints, including those related to sexual assault and harassment.
The Ombudsman will assess whether university decisions are unreasonable or discriminatory, intervene in cases where delays or inaction occur, and, where necessary, recommend further steps for resolution. Crucially, the office will possess strong investigative powers, allowing it to compel universities to provide information.
Attorney-General Mark Dreyfus emphasised the Ombudsman’s role in ensuring student safety:
“All students should feel safe and supported on university campuses. The National Student Ombudsman will give students a stronger voice when the worst happens.”
In addition to investigating gender-based violence, the Ombudsman will address complaints related to homophobia, antisemitism, Islamophobia, and other forms of racism on campus. However, it will not handle complaints about academic judgement or legal employment matters.
The Action Plan has been shaped through extensive consultation with students, victim-survivor advocates, and key stakeholders from the higher education sector, including victim support organisations such as Our Watch. It also contributes to the broader National Plan to End Violence against Women and Children 2022–2032, led by Minister for Social Services Amanda Rishworth.
Alongside the Ombudsman, the government will introduce a National Higher Education Code to Prevent and Respond to Gender-based Violence. This code was identified as a key priority in the Australian Universities Accord Interim Report.
Pending the passage of the legislation, the National Student Ombudsman will begin accepting complaints from 1 February 2025.
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