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On 11 September 2024, the Albanese government introduced legislation to establish an independent National Student Ombudsman to help investigate and assist student complaints at Australian universities.
“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,” said Minister for Education Jason Clare in regards to what the government deems its “action plan” to address gender-based violence in higher education.
In a joint release, Minister Clare and Attorney-General Mark Dreyfus agreed that “not enough has been done” to address and combat sexual violence across Australian universities, with students going unheard for so long.
The 2021 National Student Survey shows that one in 20 students have been sexually assaulted, and one in six have been sexually harassed, since they began university. To tackle the widespread issue of sexual violence and harassment, the government will establish an ombudsman.
The ombudsman will be an avenue for all higher education students to escalate complaints about the actions of their higher education provider, which can include complaints of 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 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.
“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,” said Minister Clare.
The ombudsman will be given the power needed to properly access the needed information from people or the university, offering up a new form of both transparency and accountability.
The overall 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 chief executive of Our Watch, Patty Kinnersly, and across governments.
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 Honourable Amanda Rishworth, the action plan will contribute to working to end gender-based violence in one generation.
“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,” said Minister Clare.
As the passage of legislation goes through its usual process, the independent National Student Ombudsman will start taking complaints from 1 February 2025.
“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,” said Attorney-General Dreyfus.
“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.”
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Sexual harassment is characterised as persistent, frequent, and unwanted sexual approaches or behaviour of a sexual nature at work. Sexually harassing another person in a setting that involves education, employment, or the provision of goods or services is prohibited under the law.
Kace O'Neill
Kace O'Neill is a Graduate Journalist for HR Leader. Kace studied Media Communications and Maori studies at the University of Otago, he has a passion for sports and storytelling.
