Allegra Spender (Wentworth, Independent) Share this | Hansard source

Just over a year ago a group of brave young women came to see me. Among them were Renee Carr from Fair Agenda, Sharna Bremner from End Rape on Campus Australia and Camille Schloeffel from the STOP Campaign. They shared their stories, and those of other brave young women, about the appalling levels of sexual harassment and assault at Australian universities. They told me about the devastating impact of this violence and about the trauma that they faced as well as the institutional failures that compounded that trauma. Their failures affect student wellbeing, disrupt educational outcomes and damage survivors' career prospects.

The group shared a particularly sobering statistic with me: there are approximately 14,000 sexual assaults on campus per year, or 275 sexual assaults each week every week. Equally alarming was that only six per cent of students who experienced sexual assault reported it to their university. Of those who did report, less than one in three were satisfied with how their university handled the process. These statistics reflect a deep and systemic failure in our higher educational institutions to support the survivors of sexual assault.

The young women didn't come for sympathy. They came for action. Immediately after meeting them, I, along with others, raised this issue with the Minister for Education, Jason Clare, and I appreciate that he took immediate action in meeting with these young women and, since then, has taken action, culminating in this bill today. I want to acknowledge other members of the crossbench, including Senator Pocock, because I've been proud to stand with them to demand real, meaningful change and the change that will be achieved by the passing of the Universities Accord (National Student Ombudsman) Bill 2024. Today, after months of tireless advocacy and the bravery of the students who came forward to tell their stories, I'm proud to see that their efforts are being reflected in the bill before the House.

This bill gives effect to recommendation 18(b) of the Australian universities accord final report and implements the first action of the Action Plan Addressing Gender-based Violence in Higher Education, agreed upon by all education ministers in February 2024. The bill establishes a national student ombudsman, NSO—an independent body to provide a national impartial complaints-handling mechanism for all higher education students. This makes a significant step forward in addressing long-standing criticism of how universities have responded to complaints of sexual assault, harassment and campus safety.

The NSO will have broad powers to handle complaints from higher education students across a wide range of issues; offer restorative engagement processes and alternative dispute resolution, such as mediation and conciliation; make recommendations to universities or providers about steps to resolve complaints and monitor their implementation; refer complaints to other bodies when they are better placed to respond; and report annually on complaint volumes, outcomes and compliance with recommendations. The NSO will adopt a trauma informed approach to complaint handling, ensuring survivors are supported throughout the process. There are also provisions to protect complainants from reprisals. These are all important provisions. I also urge the government to ensure the new ombudsman is properly resourced for the significant work it will need to undertake, to ensure the ombudsman has access to appropriate expertise and training to handle complaints across a broad range of issues and to make sure that the ombudsman has sufficient powers such that recommendations are implemented by the universities in full.

In addition to the provisions in this bill, I urge the government to rapidly implement the other areas of the Action Plan Addressing Gender-based Violence in Higher Education. These include requiring universities to embed a whole-of-organisation approach to preventing and responding to gender based violence; introducing a national higher education code to establish consistent standards across the sector; and enhancing oversight and accountability for student accommodation providers.

This bill is a welcome step forward in addressing unacceptable levels of violence and harassment in our universities. It recognises the pain and suffering of survivors and commits to providing an independent trauma based mechanism. It also shows the government is listening to survivors, advocates and the broader community. I commend the minister for taking these important steps to address the failures of the past and to protect our students in the future.

While this bill addresses gender based violence, it is also important to recognise there are other challenges facing students on campus—most notably, from the reports I've had in my community, the recent and alarming rise of antisemitism, which has been concentrated particularly on university campuses. Last year, even before the tragic events of October 7, the Australian Jewish University Experience Survey revealed that nearly two-thirds of Jewish students had experienced antisemitic incidents. More than 50 per cent felt they had to hide their Jewish identity, and since October 7 these incidences have only escalated. This is a tragedy. This is a tragedy for Jewish students and this is a tragedy for this country because we are a country built on the basis that you are welcome in all our institutions and in this parliament. Regardless of your faith, your ethnic origin or your sexuality, you are welcome. That our Jewish students do not feel welcome and, in cases, are unsafe is absolutely unacceptable in any institution, particularly our educational institutions.

In November last year I conducted a survey with Jewish students to understand what had changed since October 7, and they shared with me really distressing accounts of rising antisemitism. They spoke of antisemitic social media posts, Nazi symbols being put into their backpacks, a disregard for Jewish grieving after October 7 and having food thrown at them for wearing a kippah on campus. Just yesterday, in a commemoration for October 7, I spoke again to students from this local area, who talked about having symbols of Hitler and the Nazis put on the door literally next to their own door at university and seeing stickers saying 'Zionism is terrorism' throughout the campus. This is what our students are having to deal with. The students I spoke to yesterday are standing up and trying hard. They are trying to create opportunities to be positive. One of them told me about how he is trying to fight the negativity by doing really positive, big Jewish events celebrating Judaism on campus and trying to get people drawn in to understand this. They had a stall where they said 'Judaism and Zionism: come ask us any questions'. They are seeking to engage constructively on one of the issues that is most difficult across our country at the moment, and they are still facing this overwhelming level of antisemitism on campus. It is unacceptable.

The recent Senate inquiry highlighted Jewish students are pulling back from attending university because they do not feel safe or welcome. I've talked to so many parents in my area who are now questioning whether their kids should go to university in Australia, whether they are welcome anymore. This is again a tragedy for all of us. We must change this. Universities must be a place where all students are welcome. Whilst I continue to support a judicial inquiry into antisemitism on campus, the new ombudsman is also an important tool for ensuring that students have a clear, independent avenue for raising complaints, including in relation to antisemitism. Again, I have heard so often from students about (1) their disappointment with how the complaints have been handled, and (2) their fear of making complaints about antisemitism because it might affect their academic prospects. Again, this is absolutely unacceptable.

I encourage the NSO to undertake a number of actions as it takes on its new role, particularly in relation to antisemitism: firstly, adopt a definition of antisemitism that the Jewish community supports—and I would encourage them to adopt the IHRA working definition of antisemitism to help them guide their responses to antisemitism; secondly, use this definition when understanding and assessing complaints; thirdly, establish a working group with Jewish students and with community leaders to help understand the student experience; and, finally, work with others, including the Australasian Union of Jewish Students, in developing a best practice guide for preventing antisemitism on campus and how to deal with it. I've been working with AUJS in relation to developing such a guide, and I hope that we will have that completed in a couple of months. I urge the NSO, when it is established, to engage with this and to expect more from our universities and set the standards much higher.

In closing, this bill represents a much-needed step towards creating a safer, more accountable university environment, but it must be accompanied by broader reforms, including those outlined in the action plan addressing gender based violence, and efforts to combat rising antisemitism and, frankly, any prejudice that people face in our universities, because that is unacceptable. I look forward to seeing the National Student Ombudsman play a pivotal role in restoring trust and ensuring the safety and dignity of all students in our higher education system. Again, I thank the minister for his engagement on this and for the action that he has taken in this regard.

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