Gender-based violence, the聽raison d鈥櫭猼re聽for Australia鈥檚 National Student Ombudsman, accounted for just 2 per cent of the complaints received by the agency in its first five months of operation.
Yet a forthcoming national code, designed to 鈥渟trengthen鈥 the ombudsman鈥檚 work in this area, has been predicted to save Australia A$3.5 billion (拢1.7 billion) over the next decade 鈥 at a cost of A$1.2 billion, which universities and others will need to spend on compliance.
Estimated economic spin-offs from the mandatory code, which comes into force next year, stand at odds with the scale of the sexual violence caseload brought before the ombudsman so far.
Just 28 of the 1,711 complaints to the new regulator between February and June involved gender-based violence as concerns about course administration, teaching and learning and academic requirements dominated the issues raised by students.
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鈥淲hile the number of matters was small, the complexity and seriousness of the issues raised were significant,鈥 the ombudsman鈥檚 inaugural聽听蝉补测蝉.
Its establishment was mandated under the 鈥樷, signed off by education ministers in February 2024. 鈥淣ot enough has been done to address sexual violence in our universities and for too long, students haven鈥檛 been heard,鈥 federal education minister Jason Clare聽聽when the agency commenced operations. 鈥淲e鈥檙e changing that.鈥
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The action plan also mandated a . It requires institutions to meet new national standards in seven areas including leadership and governance, response and support services, student accommodation and 鈥渄ata, evidence and impact鈥.
鈥淔or too long, students haven鈥檛 been heard,鈥 Clare聽聽when legislation underpinning the code was introduced.
The legislation passed parliament in August. An聽聽concluded that the code would deliver benefits averaging A$534 million a year by preventing gender-based violence, improving institutional responses and enhancing safety on campus.
The analysis estimates savings of A$364,000 and A$260,000 respectively for 鈥渆ach prevented case鈥 of gender-based violence towards students and staff. Administration costs averaging A$57,500 for each 鈥渄isclosure鈥 by students, and A$15,000 in the case of staff, would also be dodged.
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Safer campus environments would produce savings averaging A$110 per person 鈥渄ue to reduced absenteeism and presenteeism鈥 and A$11,000 in reduced 鈥減sychosocial risks鈥 for each person with mental illness. These 鈥渃onservative鈥 estimates would be bolstered by broader economic benefits through women鈥檚 improved workforce participation, better student retention and 鈥渃hanging social norms鈥.
On the flipside, the code would generate a 鈥渞egulatory burden鈥 averaging A$178 million a year, with about 63 per cent of the costs borne by institutions, 25 per cent by staff and 6 per cent by students.
UNSW Sydney social science professor Jan Breckenridge said the code would be useful so long as staff and 鈥渟tudent advocates鈥 were adequately trained in its application. 鈥淭here has to be an awareness of how the code can and should be implemented,鈥 said Breckenridge, co-convener of the university鈥檚聽. 鈥淧eople need to report on it and in a meaningful way, not just a tick-a-box.鈥
Breckenridge said the ombudsman could also provide a useful 鈥渆ducative鈥 service for institutions and an alternative forum for student grievances. 鈥淭he advantage of having an ombudsman is that a student can bypass a university system and go straight to another decision-maker.鈥
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She said the paucity of complaints could indicate that students lacked awareness about the ombudsman but also that the problem was being addressed effectively at the institutional level. 鈥淚 think most universities want to deal as well as they can with gender-based violence, because it is horrific.鈥
Monash University policy expert Andrew Norton said the response procedures mandated under the code could leave accused perpetrators 鈥渇eeling like they have faced a kangaroo court鈥. Universities are not required to produce physical evidence, meet a specified standard of proof, give respondents the opportunity to seek legal advice or inform them of internal appeal rights, he聽.
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Breckenridge said gender-based violence was a 鈥渄ifficult鈥 issue for universities. 鈥淭here are many situations which are not quite assault or鈥ouldn鈥檛 satisfy a criminal threshold. You鈥檙e often left trying to work out, on the likelihood of probable outcomes, what may have happened.鈥
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