THE HON JASON CLARE MP
MINISTER FOR EDUCATION
THE HON MARK DREYFUS KC MP
ATTORNEY-GENERAL
JOINT MEDIA RELEASE
11 September 2024
Legislation Introduced To Establish Independent National Student Ombudsman
The Albanese Government has today introduced legislation to establish an independent National Student Ombudsman to investigate student complaints and resolve disputes with universities.
It forms part of the Action Plan to address gender-based violence in higher education, agreed to by Education Ministers earlier this 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 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 allow all higher education students to escalate complaints about the actions of their higher education provider, including complaints about sexual assault and sexual harassment.
The role of the Ombudsman will include:
- considering whether decisions and actions taken by providers are unreasonable, unjust, oppressive, discriminatory or otherwise wrong
- responding to a complaint while a provider is still considering the issue if there are unreasonable delays, or the provider is acting unreasonably
- recommending a provider takes specific steps to resolve the complaint
- sharing information with relevant regulators for further compliance action if needed, and
- 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.
A National Higher Education Code to Prevent and Respond to Gender-based Violence will also be established (attached).
Addressing sexual assault and sexual harassment in universities was one of five priority actions from the Australian Universities Accord Interim Report.
The Action Plan has been informed by consultation with students, staff, victim-survivor advocates, 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.
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. It will not handle complaints about issues such as academic judgement or legal employment matters.
Subject to the passage of legislation, the independent National Student Ombudsman will start taking complaints from 1 February 2025.
Quotes attributable to Minister for Education Jason Clare:
“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.
“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.
“I want to thank Sharna Bremner from End Rape on Campus, Camille Schloeffel and the team from the STOP Campaign, Renee Carr from Fair Agenda, Dr Allison Henry and all those who have fought for this.”
Quotes attributable to Attorney-General Mark Dreyfus:
“All students should feel safe and supported on university campuses.
“The National Student Ombudsman will be independent and have the powers to investigate complaints and resolve disputes with universities, giving students a stronger voice when the worst happens.”
Wednesday, 11 September 2024
