Australia passes controversial student ombudsman bill

The Australian government has passed controversial legislation that will establish an independent student ombudsman to investigate student complaints and resolve disputes with universities.

The National Student Ombudsman, which will be headed by Sarah Bendall, forms part of the government’s action plan to address gender-based violence within higher education, agreed earlier this year.

It will allow students to escalate complaints about the actions of their university, including complaints about sexual assault and sexual harassment.

Jason Clare, the minister for education, said the legislation marked a new approach in tackling sexual violence on university campuses.

“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 the passage of this legislation,” Mr Clare said.

“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.”

The ombudsman will have the power to consider whether actions taken by universities are unjust or “otherwise wrong”, recommend specific steps for universities to take to resolve disputes, and bring parties together to resolve complaints through alternative resolution processes.

The act also allows for “restorative engagement” between students and institutions “where appropriate”.

Universities had raised concerns that while the ombudsman had originally been proposed to tackle sexual harassment at universities, its scope had “significantly” expanded, meaning that it could review almost “any action” with no time limit on the complaints it handled.

But Luke Sheehy, chief executive of Universities Australia, welcomed the passing of the legislation, saying: “Sexual harm is completely unacceptable, and our sector, like every sector of Australian society, has a role to play in addressing this problem. That is what students deserve.”

He said universities looked forward to working with Ms Bendall and the government “to ensure students are protected without creating additional regulatory burdens on universities”.

Mark Dreyfus, Australia’s attorney general, added that the ombudsman would be a “powerful, independent voice to investigate and help students when they experience sexual violence or discrimination of any kind”.

“Everyone should feel safe and supported on university campuses so they have the best chance to succeed and thrive,” he said.

juliette.rowsell@timeshighereducation.com