Australian universities are facing scrutiny over the use of confidentiality clauses for students lodging complaints, with a new report from the National Student Ombudsman (NSO) highlighting how these practices can potentially jeopardise “student wellbeing and recovery.” The inaugural investigation by the NSO has raised concerns that students might be prevented from discussing their experiences with support networks, seeking legal counsel, accessing health professionals, or even processing traumatic events, including gender-based violence.
The report specifically names the University of Technology Sydney (UTS), James Cook University (JCU), and the University of Newcastle (UON) for implementing confidentiality practices that deviate from trauma-informed approaches. UTS, in particular, is criticised for effectively silencing a student, identified as Hailey, who had reported sexual harassment. The university initiated misconduct proceedings against Hailey for an alleged breach of confidentiality, a move the NSO deemed as silencing.
This finding, among others, was detailed in the NSO’s report, which also mandated UTS to issue an apology to Hailey. ABC News had previously brought Hailey’s concerns regarding her treatment by UTS to light last year, and the NSO’s subsequent investigation report was released publicly.
The NSO, established in 2025, is tasked with investigating complaints from higher education students concerning universities, focusing on issues of safety, welfare, and discrimination. It possesses significant authority, including the power to compel universities to produce documents and to recommend policy changes or individual redress.
Hailey has expressed gratitude for the NSO’s investigation, acknowledging its validating nature, yet remains critical of UTS’s decision to investigate her. “The investigation is both validating and frustrating. It shattered my life because I was under a misconduct investigation,” Hailey stated. She described feeling blindsided, unaware of the reasons for the investigation or its processes, and receiving no support.
UTS’s Deputy Vice-Chancellor, Professor Kylie Readman, has acknowledged the university’s commitment to improvement. “No-one going through a complaint process should ever feel isolated or vulnerable. Our processes in previous years have not always been adequate, and we’ve taken action to embed trauma-informed approaches across all aspects of our responses,” Professor Readman said. She added that the university is dedicated to exceeding mere compliance with national standards.
Hailey’s initial complaint of sexual harassment by a fellow student was lodged in March 2025. Four months later, the university informed her that her allegations lacked sufficient evidence and, instead, she would be investigated for a breach of confidentiality. Hailey expressed her anger at the university’s grounds for initiating such an investigation and the subsequent emotional toll.
The NSO’s report concluded that the university lacked any evidence suggesting Hailey had disclosed the details of the investigation or her complaint. The NSO stated that by initiating a preliminary assessment into Hailey’s alleged breach, UTS “effectively silenced Hailey from talking about her experience.” The report further described the demands for her silence as “unreasonable and needlessly oppressive,” potentially leading to isolation and impacting recovery from trauma during a vulnerable period.
UTS has indicated its acceptance of all NSO recommendations. Professor Readman stated, “We’ve undertaken significant work to improve our approach and are continuing to invest heavily in improving our response to gender-based violence to rebuild trust within our community.” The university has ceased imposing confidentiality requirements and plans to consult with students on this matter.
Hailey recounted feeling isolated by the investigation, unable to discuss her experiences with friends who had supported her journey, and confined to sharing only with family. This experience has diminished her confidence in reporting future issues.
The NSO recommended UTS apologise to Hailey for the confidentiality breach, which the university accepted. However, Hailey noted she was still awaiting an apology specifically for the confidentiality investigation itself. UTS has since apologised for the distress caused to Hailey, acknowledging the case was “not handled well.” Professor Readman confirmed a written and verbal apology had been issued, with ongoing support offered. The university also separately apologised for an initial plan to inform a student society that Hailey’s sexual harassment complaint had not been substantiated. The NSO acknowledged UTS’s willingness to implement changes.
Other Universities Also Under Scrutiny
The NSO’s investigation identified seven findings against UTS concerning its confidentiality provisions. The University of Newcastle (UON) faced five findings, and James Cook University (JCU) received four. The NSO indicated that these recommendations offer valuable lessons for all Australian higher education providers. The report cautioned that restricting students’ ability to discuss matters, without careful and proportionate application of confidentiality, can place them at risk.
The NSO expressed “serious concerns” regarding UON’s practice of imposing confidentiality requirements on students even after investigations concluded and continuing until their enrolment ceased. This practice, the ombudsman noted, contradicts the spirit of new national laws enacted in January aimed at strengthening universities’ stance against gender-based violence. The report argued that holding students to confidentiality on serious matters like sexual misconduct obscures the reality of gender-based violence on campus and hinders a culture of reporting.
Belinda Tynan, Senior Deputy Vice-Chancellor at the University of Newcastle, welcomed the report’s recommendations and confirmed the university’s commitment to updating its policies. “Confidentiality provisions are designed to protect privacy and ensure investigations are conducted fairly. We accept the recommendation that these obligations should end once the complaint process has concluded and we will reflect this clearly in updated policies,” Professor Tynan stated. She outlined plans for clearer guidance on confidentiality, confirmation of students’ rights to seek external advice or involve support persons, and a plain-language guide.
James Cook University (JCU) was also criticised for lacking adequate confidentiality exceptions to permit students to seek external support. The NSO recommended JCU update its policy within three months to include exceptions for psychosocial and health professional support, legal advice, and external recourse avenues. JCU has not fully accepted this recommendation, stating it accepts the review “in part” and will make changes within six months. The report did, however, highlight other aspects of JCU’s gender-based violence policies as exemplary.
A JCU spokesperson stated the university “supports the intent of the report” and views confidentiality directions as “protective measures” not intended to silence students. The spokesperson clarified that the university considers the difference with the ombudsman to be in the implementation timeframe for one recommendation, rather than a disagreement with the recommendation itself.
