Release type: Speech

Date:

Universities Accord (National Student Ombudsman) Bill 2024

Ministers:

The Hon Jason Clare MP
Minister for Education

Deputy Speaker – this Bill is long overdue. 

This Bill amends the Ombudsman Act 1976 to establish a National Student Ombudsman.

This is a first.

A dedicated, national body to handle student complaints within our higher education system.

The National Student Ombudsman will have the powers:

  • To investigate complaints about a broad range of issues;
  • To bring parties together to resolve those issues, including offering restorative engagement processes and alternative dispute resolution where appropriate;
  • To make findings and recommendations on what actions universities should take; and
  • To monitor the implementation of those recommendations.

It will also have strong investigative powers, similar to those of a Royal Commission, they include:

  • To require a person or university to provide information, documents or other records relevant to an investigation;
  • To enter premise of a university as part of an investigation; and
  • To require a person to attend and answer questions before the Ombudsman.

The Ombudsman is another recommendation of the Universities Accord which the Government is turning into a reality.

As I said when I introduced this Bill, the Ombudsman will be independent, impartial and will provide a vastly improved complaints mechanism.

And it will go further than addressing gender-based violence in universities.

It will be able to consider and address a broad range of complaints made by students about the actions of their university.

For example, complaints about a university’s handling of a student safety and welfare matter, where a student is subjected to homophobia, antisemitism, Islamophobia or other forms of racism or discrimination on campus.

Can I thank all Members who’ve contributed to this debate including: 

  • Minister for Social Services 
  • Member for Goldstein 
  • Member for Bradfield
  • Member for Kooyong 
  • Member for Wentworth
  • Member for Chisholm
  • Member for Riverina 

And can I thank the Opposition for their support for this Bill.

The Opposition has foreshadowed a second reading amendment. The Government is not in a position to support that and I add to the record an explanation why. 

The rules for the National Student Ombudsman are currently being drafted by the Attorney-General’s Department and will be completed prior to the commencement of the National Student Ombudsman. 

These rules will be able to prescribe certain matters related to the National Student Ombudsman’s exercise of its powers and functions. 

Among other things, the Bill specifically allows for the rules to prescribe the Commonwealth, state and territory bodies that can transfer complaints to the National Student Ombudsman and matters that are or are not excluded actions.

Deputy Speaker I’d also like to thank in conclusion, the organisations and advocates who have worked with me and my Department to help make this change a reality.

They include:

  • Sharna Bremner from End Rape on Campus;
  • Camille Schloeffel from the Stop Campaign;
  • Renee Carr from Fair Agenda; and  
  • Dr Allison Henry

We are only here because of their tireless work. 

Australia is the best country in the world but the truth is it can be a lot better and a lot fairer. 

And that’s what these reforms are about. 

It’s what this Bill is about. 

And I commend it to the House.