Image: UTS. Image Wikimedia Commons
The National Student Ombudsman (NSO) has released its first investigation, which finds that Australian universities routinely apply confidentiality restrictions on students who complain, which can put “student wellbeing and recovery at risk”.
The NSO was established in 2025 to investigate complaints from higher education students attending universities, regarding safety, welfare and discrimination. It has extensive powers, including compelling universities to provide documents and make recommendations like policy changes or individual redress.
According to the NSO’s report, almost half of the 44 universities in Australia use a confidentiality clause, which is an agreement on what a student is required to keep confidential if they make a complaint, including those about gender-based violence.
“Excessive confidentiality can cause a complainant to feel silenced or disempowered about the experience they had that led them to complain,” Commonwealth Ombudsman Iain Anderson said.
Sydney’s UTS was one of the three universities singled out for this issue, with confidentiality practices that breach trauma-informed practice.
“I am concerned that students … could be left unable to discuss the situation with a support person, seek legal advice, contact a health professional for support, or take ownership of how they talk about a traumatic experience including gender-based violence,” said the Ombudsman.
The NSO found UTS “effectively silenced” a student who had complained of sexual harassment by commencing misconduct proceedings over an alleged confidentiality breach.
“We welcome the guidance the National Student Ombudsman has provided to universities across Australia on complaint handling. UTS is committed to doing better and has accepted all of the NSO’s recommendations,” said Deputy Vice-Chancellor Professor Kylie Readman in response to the report.
“No one going through a complaint process should ever feel isolated or vulnerable. Our systems and processes in previous years have clearly not been adequate. We want to go beyond just compliance with requirements and the national code. We have stopped using confidentiality requirements and will undertake meaningful consultation with students on this issue.”
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