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Australian Senate committee greenlights student ombudsman bill

Parliamentarians dismiss warnings about workload and academic freedom infringements 

Published on
October 10, 2024
Last updated
October 10, 2024
rubber stamp approved endorse waved through
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For the third time in a week, a government-dominated Senate committee has brushed off Australian universities鈥 objections about a controversial reform proposal.

The Education and Employment Committee has rubber-stamped a bill to create a聽national student ombudsman聽(NSO), dismissing universities鈥 protests that the new agency鈥檚 operations could undermine their academic freedom obligations.

鈥淭he legislation explicitly sets out the limitations on the scope of the powers of the NSO to ensure that academic freedom remains solely the purview of the institutions,鈥 the committee鈥檚聽听蝉补测蝉.

Submissions to the committee had highlighted an ambiguity in the ombudsman鈥檚 operating rules. Its remit excludes matters of 鈥渁cademic judgement鈥 but includes university administration and academic misconduct 鈥 issues that involve academic judgement, critics pointed out.

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The bill attempts to resolve this quandary by empowering the education minister to issue a 鈥渓egislative instrument鈥 adding academic judgement to the ombudsman鈥檚 scope. But this could impinge on universities鈥 legal and regulatory requirements to ensure academic freedom, observers noted.

鈥淭here is no case for political interference in matters of academic judgement,鈥 Queensland University of Technology insisted in a submission.

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The committee rejected such arguments in a one-paragraph rejoinder, saying the existing overseas student ombudsman had operated without encroaching on academic freedom. 鈥淭he committee sees no reason why such a conflict would arise,鈥 its report says.

It also shrugs off concerns about the ombudsman鈥檚 workload, saying the agency will be equipped to handle the volume and sensitivity of complaints 鈥渋n a professional and appropriate manner鈥.

Universities Australia said the NSO had originally been designed to address matters of gender-based violence and sexual harm. But its remit had 鈥渟ignificantly鈥 expanded, 鈥渞aising concerns about how well [it] can fulfil its intended purpose鈥.

Australian National University policy expert Andrew Norton said the proposed scope was 鈥渢oo broad鈥. While state ombudsmans鈥 areas of responsibility were generally confined to administrative matters, the NSO could review almost 鈥渁ny action鈥 with no time limit on the complaints it handled.

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Its resources could be tied up addressing 鈥渁ncient grievances鈥, Professor Norton warned. 鈥淯niversities have to work within their budgets,鈥 he聽. 鈥淭hey cannot do everything they would like to do or what some students might expect.

鈥淲hile the ombudsman might solve problems for some students, its recommendations could leave other students and university staff worse off. This bill suffers from this government鈥檚 characteristic bureaucratic overreach.鈥

The committee鈥檚 report offers no recommendations to resolve such issues. Nor does a supplementary section from opposition senators, who took credit for the new agency鈥檚 establishment 鈥 and blasted universities鈥 handling of antisemitism, sexual assault and course quality 鈥 but ignored their warnings about flaws in the ombudsman鈥檚 operating rules.

The committee was similarly dismissive of universities鈥 concerns about聽international enrolment caps聽and the聽administration of new payments for students on practicums, recommending passage of the related bills with few or no amendments.

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john.ross@timeshighereducation.com

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