National Student Ombudsman and Complaints Management
Professor Mahsood Shah, Dean, Swinburne University of Technology, Sydney Campus
The Australian Universities Accord interim and final reports recommend establishing a National Student Ombudsman to address student complaints. This recommendation arises from increased concerns by students and staff about inadequate pathways for raising complaints and a perceived lack of accountability, particularly regarding gender-based violence in higher education. The Accord reports suggest that the current complaints process in institutions fails to provide simple and accessible mechanisms for students to pursue complaints.
In February 2024, the Minister announced that the government would legislate to establish an independent National Student Ombudsman with broad-ranging powers to improve student safety and including the following functions:
considering whether decisions and actions taken by providers are unreasonable, unjust, oppressive, discriminatory or otherwise wrong;
responding to a complaint while a provider is still considering the issue if there are unreasonable delays, or the provider is acting unreasonably;
recommending a provider takes specific steps to resolve complaints;
sharing information with relevant regulators for further compliance action if needed; and
offering a restorative engagement process between the student and the provider.
Additionally, the Minister has also committed to developing a new National Higher Education Code to Prevent and Respond to Gender-based Violence. Summaries of consultation responses on the Draft Action Plan Addressing Gender-based Violence in Higher Education, from student accommodation peak bodies, higher education providers, staff and student services, and student representatives and victim-survivor advocates, have now been published.
The recommendation and response come despite the current requirements under the Higher Education Standards Framework (Threshold Standards) 2021 and the National Code of Practice for Providers of Education and Training to Overseas Students 2018, which require institutions to have policies and processes related to complaints and appeals.
Under the regulatory mandate, student grievance and complaints policies and processes already exist in institutions, with dedicated staff responsible for complaints management. In some institutions, an online complaints management system exists with workflows to manage, resolve and close the loop on complaints. Summaries of student complaints data are reported to relevant university level committees to ensure visibility and governance of grievances and complaints. While policies, processes, and good practice systems exist in some institutions, further work is needed across the sector, including in private higher education providers.
Students expect their voices to be heard and responded to in a timely manner. If issues are not resolved internally, various other mechanisms are pursued by the students. These include State/Territory Ombudsman, communication to senior members of the university, TEQSA complaints, social media, and sometimes communication to relevant government agencies.
The proposed National Student Ombudsman will collect and regularly publish data on complaints made to universities and to the Ombudsman. Prospective and current students, staff, alumni, and other stakeholders will have access to the data. Stakeholders may be able to access data by institution, nature of complaints, and possibly trends dating back several years.
At present, complaints are lodged by students using formal mechanisms known to them. Some students lodge complaints within faculties, schools, central support units and with partner organisations. In some cases, complaints are not acted upon, and students do not receive any response. Complaints related to course design, accreditation, assessments, and quality of teaching sometimes take longer due to complex governance processes and institutional enterprise agreements.
The proposed plan to establish a National Student Ombudsman requires institutions to revisit policies and processes to manage, report, and close the loop on student complaints. Some key steps to take before the National Student Ombudsman comes into effect include the following:
Establish an online complaints management process with workflows of staff responsible for review and action improvements;
Review complaints management policies and guidelines;
Establish governance of student complaints and report data to ensure transparency and visibility;
Examine the role of appeals committees and the extent to which they are discharging their responsibilities;
Triangulate data sets including student complaints, formal and informal student feedback collected from sources such as survey, and social media reviews;
Train staff responsible for the management of student complaints to deal with complex complaints which may be related to gender-based violence, harassment, bullying, and other complex issues;
Engage faculty leaders responsible for learning and teaching to review and implement changes if complaints relate to poor quality of teaching, curriculum design, assessment feedback and other academic areas;
Communicate with students on avenues and mechanisms for complaints and grievances; and
Encourage staff and students to provide feedback and demonstrate timely actions so that stakeholders trust that their voice is heard.
Many changes are coming, all aimed at improving the quality and reputation of Australian tertiary education. Student voice is once again gaining prominence. The availability of complaints data could be influential in determining student choice. Failure to implement robust internal mechanisms could damage the reputation of institutions. Therefore, ensuring transparency and accountability is crucial for maintaining trust in the educational system.
Mahsood Shah is a Professor and Dean at Swinburne University of Technology, Sydney Campus. The views expressed are his own and do not necessarily represent the views of the University.