From today, a new national body will have extensive powers to investigate how universities are tackling sexual violence, racism and other issues facing tertiary students.
The National Student Ombudsman led by Sarah Bendall and Commonwealth Ombudsman Iain Anderson will have powers similar to a royal commission to investigate complaints.
Ms Bendall said the ombudsman would be able to look at a wide range of issues and urged students to come forward to hold universities to account.
“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 said.
While the ombudsman will be able to rigorously investigate student concerns, next week the federal government will introduce legislation to set up a National Higher Education Code to Prevent and Respond to Gender-based Violence.
If universities do not adhere to their obligations under the new code to prevent and respond to sexual violence in their institutions they could face major funding cuts.
Residential colleges, which do not receive federal funding, will also be covered. If they breach the code they would be barred from being affiliated with universities.
The ombudsman and code were established by Education Minister Jason Clare following widespread criticism of the sector’s handling of sexual violence complaints from all sides of politics, student groups and safety advocates.
Mr Clare repeatedly said the sector had failed students when it came to safety as had the regulator: the Tertiary Education Quality and Standards Agency (TEQSA).
Queensland Liberal Senator Paul Scarr described the situation as a “shameful state of affairs” with a senate inquiry finding universities and TEQSA had further traumatised students in their responses to sexual violence complaints.
Ombudsman to report to parliament annually
Ms Bendall said the ombudsman would be transparent around data to help identify the main issues facing students 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 said.
“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 be able to handle complaints about disability discrimination, supports offered to international students or issues around special consideration among other matters.
Ombudsman Iain Anderson said once the code was in place, the ombudsman would be able to refer its findings directly to the Department of Education, which can enforce penalties.
“It’s been a few months working towards this by us, but I know it’s been a much longer process working towards it by many other people, we’re really excited that it’s finally coming to pass, and we hope that it really makes a difference for students and for higher education,” he said.
Among those who pushed for a national response to sexual violence in Australian Universities were The Stop Campaign, End Rape on Campus Australia, Fair Agenda and the National Union of Students.
The union’s president Ashlyn Horton said 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,” she said.
“We’re just hoping that having this National Ombudsman will provide that accountability, and hopefully we will see some results for students.”
Education Minister Jason Clare reiterated not enough had been done to address sexual violence on campus, but the federal government was committed to changing that.
