From 1 February 2025, a new national body will have extensive powers to investigate the ways Australian universities tackle sexual violence, racism and other issues tertiary students face.
The National Student Ombudsman, led by Sarah Bendall and Commonwealth Ombudsman Iain Anderson, will have royal commission-like powers to investigate complaints, with the ombudsman able to look at a wide range of issues
Bendall is urging students to come forward to hold universities to account.
Sexual assault support services:
- 1800 Respect national helpline: 1800 737 732
- Sexual Assault Counselling Australia: 1800 385 578
- Bravehearts (support for child sexual abuse survivors): 1800 272 831
- Lifeline (24-hour Crisis Line): 131 114
- Victims of Crime Helpline: 1800 819 817
“It’s not a bad thing to complain; complaining can be positive and empowering and it can also help to create change so that others don’t experience the same issue,” she says.
While the ombudsman will be able to conduct rigorous investigations into student concerns, the federal government will, next week, introduce legislation to set up a National Higher Education Code to Prevent and Respond to Gender-based Violence.
Universities could face major funding cuts if they do not adhere to their obligations under the new code to prevent and respond to sexual violence in their institutions.
The new code also covers residential colleges, which do not receive federal funding. If they breach the code, they would be barred from being affiliated with universities.
Leaders at a major Australian university have expressed deep concerns around the management of the sector’s peak body, Universities Australia (UA).
Federal Education Minister Jason Clare established both the ombudsman and the code in response to widespread criticism of the way the sector handled sexual violence complaints – from all sides of politics, student groups and safety advocates.
Clare has repeatedly stated that the sector, and the Tertiary Education Quality and Standards Agency (TEQSA) regulator, had failed students when it came to safety.
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Bendall says the ombudsman will be transparent around data to help identify key issues students face, while maintaining confidentiality.
“We think we’re going to get a really broad range of complaints, for example, whether universities are offering sufficient supports to student victim survivors of sexual assault,” she says.
“We could get complaints about discrimination or racism perpetrated by the university, or where the student believes the university has not done enough to ensure a safe environment for them.”
The ombudsman will also manage complaints about disability discrimination, international student support or issues around special consideration, among other matters.
Ombudsman Iain Anderson says that, once the code is in place, the ombudsman can refer its findings directly to the Department of Education, which can enforce penalties.
Among those who highlighted the urgent need to address sexual violence in Australian universities were The Stop Campaign, End Rape on Campus Australia, Fair Agenda and the National Union of Students.
Union President Ashlyn Horton says the new body could help make the university experience safer.
“There’s just no accountability or follow through by universities at the moment in terms of grievances against [sexual violence] and other forms of discrimination,” says Horton.
“We’re just hoping that having this National Ombudsman will provide that accountability, and hopefully we will see some results for students.”