Gender-based violence, the?raison d¡¯¨ºtre?for Australia¡¯s 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 ¡°strengthen¡± the ombudsman¡¯s work in this area, has been predicted to save Australia A$3.5 billion (?1.7 billion) over the next decade ¨C 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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¡°While the number of matters was small, the complexity and seriousness of the issues raised were significant,¡± the ombudsman¡¯s inaugural??says.

Its establishment was mandated under the ¡®¡¯, signed off by education ministers in February 2024. ¡°Not enough has been done to address sexual violence in our universities and for too long, students haven¡¯t been heard,¡± federal education minister Jason Clare??when the agency commenced operations. ¡°We¡¯re changing that.¡±

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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 ¡°data, evidence and impact¡±.

¡°For too long, students haven¡¯t been heard,¡± Clare??when legislation underpinning the code was introduced.

The legislation passed parliament in August. An??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 ¡°each prevented case¡± of gender-based violence towards students and staff. Administration costs averaging A$57,500 for each ¡°disclosure¡± 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 ¡°due to reduced absenteeism and presenteeism¡± and A$11,000 in reduced ¡°psychosocial risks¡± for each person with mental illness. These ¡°conservative¡± estimates would be bolstered by broader economic benefits through women¡¯s improved workforce participation, better student retention and ¡°changing social norms¡±.

On the flipside, the code would generate a ¡°regulatory burden¡± 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 ¡°student advocates¡± were adequately trained in its application. ¡°There has to be an awareness of how the code can and should be implemented,¡± said Breckenridge, co-convener of the university¡¯s?. ¡°People need to report on it and in a meaningful way, not just a tick-a-box.¡±

Breckenridge said the ombudsman could also provide a useful ¡°educative¡± service for institutions and an alternative forum for student grievances. ¡°The advantage of having an ombudsman is that a student can bypass a university system and go straight to another decision-maker.¡±

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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. ¡°I think most universities want to deal as well as they can with gender-based violence, because it is horrific.¡±

Monash University policy expert Andrew Norton said the response procedures mandated under the code could leave accused perpetrators ¡°feeling like they have faced a kangaroo court¡±. 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?.

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Breckenridge said gender-based violence was a ¡°difficult¡± issue for universities. ¡°There are many situations which are not quite assault or¡­wouldn¡¯t satisfy a criminal threshold. You¡¯re often left trying to work out, on the likelihood of probable outcomes, what may have happened.¡±

john.ross@timeshighereducation.com