The National Student Ombudsman ('NSO') is a free, independent federal complaints body within the Office of the Commonwealth Ombudsman. It helps current, former and prospective higher education students with complaints about the actions of higher education providers.
What types of complaints can you make?
The NSO can deal with a wide range of complaints about higher education providers. Some common complaints include:
- problems with student safety and wellbeing
- unfair handling of admissions, enrolment, re-enrolment or exclusion
- problems with special consideration, disability adjustments, learning access plans, or support for illness or special circumstances
- mistakes or delays in course administration or student records
- poor handling of teaching provision, staffing, or student facilities
- unfair or unclear course structure changes
- problems with the provider’s complaints or appeal process
- decisions that were made without being clearly explained
- issues with student accommodation run by the provider
The NSO cannot deal with:
- academic judgement such as marks, grades, or academic merit
- VET course complaints
- employment complaints with a higher education provider
- complaints about appointments to office
- complaints about people who are not higher education students of the provider
- other actions excluded by the National Student Ombudsman Rules
Who can you make a complaint against?
The NSO deals with complaints against a higher education provider, not against an individual staff member personally. In practice, this means a provider that is registered with TEQSA. This includes:
- public universities
- private universities
- Australian branches of overseas universities
- university colleges
- institutes of higher education
The NSO can also deal with actions taken by staff or others acting for the provider, but legally the complaint is still treated as a complaint against the provider.
The NSO cannot deal with complaints against:
- providers that are not TEQSA-registered higher education providers
- matters that are really only about a VET course
Are you eligible to make a complaint?
You can make a complaint to the NSO if you are a current, former or prospective higher education student of the provider. This includes domestic and international students. A complaint can also be made on behalf of a student. If someone other than a legal guardian or legal representative is acting for the student, the NSO usually requires the student’s consent.
You do not have to complain to the provider first, but the NSO encourages you to raise the issue with the provider where it is safe and practical to do so. If you have not done that, the NSO may ask why and decide the most suitable next step.
You can also make a complaint anonymously, including by phone or by using a pseudonym on the online form. However, this may limit what the NSO can do to resolve the matter for you personally.
The NSO’s services are free, and you do not need a lawyer, although you can get legal advice at any time. The NSO factsheet also says there is no time limit for matters you want to raise with the NSO.
What can this body do to help?
This body may provide:
- Referral: the NSO may refer the complaint to the provider for investigation and report
- Alternative dispute resolution: the NSO may try to help resolve the matter without a formal investigation
- Restorative engagement: in some matters, including some historical or gender-based violence matters, the NSO may use a restorative process
- Investigation: the NSO may investigate the complaint itself
- Recommendations: the NSO can recommend that the provider reconsider a decision, explain its reasons properly, take practical steps to address the student’s situation, or change a policy or practice
- Reports and escalation: after an investigation, the NSO can report to the provider and, in some cases, to the Higher Education Minister for tabling in Parliament
- Information gathering: the NSO can require information, documents, records, or attendance to answer questions
The NSO does not remake academic decisions, such as re-marking work. Its role is to deal with the provider’s actions and processes.
How to prepare your complaint:
You can make a complaint to the NSO online, and the full factsheet also explains that complaints can be made by or on behalf of a student, including anonymously in some cases.
When preparing your complaint, it will help to include:
- your name and contact details, if you are not complaining anonymously
- the name of the higher education provider
- details about what happened and when
- any steps you have already taken with the provider
- what outcome you are seeking
- any documents or information that support your complaint
If someone is making the complaint for you, the NSO may require your consent using its permission form.
Lodging your complaint and next steps:
You can lodge a complaint with the NSO using its complaint process. The NSO may then decide on the most suitable way to deal with it. This could include:
- asking the provider to look at the complaint first
- using alternative dispute resolution
- using restorative engagement in some matters
- investigating the complaint itself
The NSO may also decide not to deal with, or not continue to deal with, a complaint in some cases. This can happen if:
- the complaint is frivolous, vexatious, or not made in good faith
- the complainant does not have a sufficient interest in the matter
- the issue is already being dealt with by another body, court, or tribunal
- the provider should be given the chance to deal with it first
- the NSO considers that dealing with the complaint is not warranted in all the circumstances
If the NSO investigates the complaint and makes recommendations, it can report to the provider and, in some situations, escalate the matter further if the provider does not take adequate and appropriate action within a reasonable time.
More information:
Refer to the factsheet provided below for more information.
