The Australian Government has introduced legislation to establish a new National Student Ombudsman.
The National Student Ombudsman will provide an effective, trauma-informed complaints mechanism for higher education students to use when they are not satisfied by their higher education provider’s response.
The National Student Ombudsman will be established as a new statutory function of the Commonwealth Ombudsman. It will be independent, impartial, and have powers to investigate student complaints and resolve disputes with higher education providers.
The National Student Ombudsman will be able to:
- consider whether decisions and actions taken by providers are unreasonable, unjust, oppressive, discriminatory or otherwise wrong
- recommend a provider takes specific steps to resolve the complaint
- share information with relevant regulators for further compliance action if needed
- promote best practice complaints handling across the higher education sector
- offer a restorative engagement process between the student and the provider where appropriate, and
- bring parties together to resolve complaints through an alternative resolution process.
The National Student Ombudsman will be able to receive and investigate complaints about a broad range of issues, such as:
- student safety and welfare, including gender-based violence
- course administration, such as timeliness and accuracy of information provided to students
- teaching provision and facilities, such as sufficiency of staffing to meet educational, academic and administrative needs of students
- disciplinary processes, such as procedures to address misconduct
- reasonable adjustments for students with disability or experiencing special circumstances.
The National Student Ombudsman will begin taking complaints from 1 February 2025, subject to passage of legislation.
Prior to February 2025, students will be able to continue to access existing complaints pathways until the National Student Ombudsman commences. Further information about these pathways can be found on the Making a complaint page of the StudyAssist website or via a student’s provider.
National Student Ombudsman Model Overview
An overview of the National Student Ombudsman is available for download. The overview provides more information about the operation of the National Student Ombudsman, including the kind of complaints it will be able to receive, how it will handle those complaints, and how it will work with providers and regulators to promote best practice across and improve accountability across the higher education sector.
Action Plan Addressing Gender-based Violence in Higher Education
The National Student Ombudsman is a key measure of the Action Plan Addressing Gender-Based Violence in Higher Education (Action Plan) and a recommendation of the Australian Universities Accord Final Report.
The proposed National Higher Education Code to Prevent and Respond to Gender-based Violence (National Code), another key measure of the Action Plan, will set best practice requirements for higher education providers in preventing and responding to gender-based violence.
Together, these measures will ensure greater oversight and accountability of higher education providers and help drive the social change we need to see in universities to address gender-based violence.
Who can make a complaint?
The National Student Ombudsman will be able to receive escalated complaints from higher education students enrolled with TEQSA registered higher education providers. This includes, for example, former students, prospective students (e.g. people who have applied, or are attempting to apply, to become enrolled, or are in the process of enrolling), and students studying at overseas campuses of registered higher education providers.
The National Student Ombudsman will accept:
- complaints made on behalf of another person, with their consent
- anonymous complaints
- group complaints
- historical complaints.
The National Student Ombudsman will have the discretion not to investigate a complaint in some circumstances. For example, if the student hasn’t yet raised the complaint with their higher education provider and it would be reasonable to expect them to do so; if the complaint is frivolous; or if the complaint has already been sufficiently investigated, such as by a state or territory ombudsman, court or tribunal.
What can students complain about?
Higher education students will be able to complain to the National Student Ombudsman about a broad range of issues related to their studies or student life, including:
- student safety and welfare, including gender-based violence
- course administration, such as timeliness and accuracy of information provided to students
- teaching provision and facilities, such as sufficiency of staffing to meet educational, academic and administrative needs of students
- disciplinary processes, such as procedures to address misconduct
- reasonable adjustments for students with disability or experiencing special circumstances.
There will be some types of complaints that the National Student Ombudsman is excluded from handling, this includes complaints about:
- actions that rely on academic judgement (such as a grade received)
- actions relating to a vocational education and training (VET) course
- actions relating to employment.
How long will a student have to make a complaint to the National Student Ombudsman?
Generally, there is no timeframe within which a student is required to lodge a complaint.
The National Student Ombudsman will be able to consider historical complaints if it is of the view the complaint can still be handled.
How can students make a complaint?
Students will be able to contact the National Student Ombudsman via:
- An online form
- Telephone, between 9am and 5pm (AEDT) Monday to Friday
- In writing
- In person at Office of the Commonwealth Ombudsman locations
Services will be available to assist students in making a complaint, including accessibility services and translation services.
The National Student Ombudsman will be responsive to the diverse needs of students and will adopt a trauma-informed and culturally responsive approach to receiving and handling complaints.
More information about where and how students can lodge a complaint will be made available before the National Student Ombudsman commences.
Will students taking a short course or micro-credential be able to complain to the National Student Ombudsman?
Yes, the National Student Ombudsman will be able to accept complaints from or on behalf of a student enrolled in any course of study with a higher education provider other than in relation to a VET course.
Can the National Student Ombudsman consider complaints about student accommodation providers?
The National Student Ombudsman will be able to receive and investigate complaints made by students living in accommodation which is owned and/or operated by their higher education provider, where a student is able to lodge complaints about their accommodation to their higher education provider.
Can the National Student Ombudsman consider complaints from VET students?
The National Student Ombudsman will initially create a single escalated complaints pathway for higher education students only.
Consideration may be given to expanding the National Student Ombudsman to VET students over time.
In the meantime, VET students can contact the National Training Complaints Hotline to have their complaint referred to the most appropriate authority.
Can higher education staff use the National Student Ombudsman?
The National Student Ombudsman will only be able to receive escalated complaints from, or on behalf of, higher education students.
This approach recognises that there are existing complaints mechanisms for staff under the Fair Work Act 2009, new Respect at Work and positive duty obligations under the Sex Discrimination Act 1984, and the National Student Ombudsman will not duplicate or interfere with these functions.
For students who are also employed by a higher education provider, the National Student Ombudsman will only be able to receive escalated complaints that relate to the person’s status as a student.
Where can students go until the National Student Ombudsman commences?
Students will be able to continue to access existing complaints pathways until the National Student Ombudsman commences. Further information about these pathways can be found on the StudyAssist website or via a student’s provider.
Higher education students at public universities and TAFEs can make a complaint to the relevant state or territory ombudsman.
Further Information
For further information please contact the Department at RegulatoryDesign@education.gov.au
For information, support and advice about domestic, family and sexual violence, call 1800RESPECT (1800 737 732) or visit the 1800respect website. This is a free, confidential service available 24/7.