Our services
Our services include:
- Complaint resolution through a variety of pathways including restorative engagement, alternative dispute resolution and formal investigations
- Proactively addressing systemic issues, that are identified through our complaints data, various media reports, and stakeholder engagement
- Undertaking education and outreach activities across the higher education sector
- Sharing findings with higher education providers and regulators, recommending actions to improve their policies and practices
When the NSO receives a complaint about a higher education provider, we will look at the information provided and work with the student to determine the most appropriate way to deal with the complaint.
We can deal with complaints in the following ways:
- We can seek information from the higher education provider about the issue, and their approach so far
- We can refer the student’s complaint to their higher education provider
- We can use an alternative dispute resolution process with mediation techniques to resolve a complaint
- We can bring the student and the higher education provider together in a restorative engagement process
- We can investigate a complaint
Referring a student’s complaint to their higher education provider
If we consider that the best option to resolve an issue is for a student’s higher education provider to identify an appropriate resolution, with the agreement of the student we can refer a complaint to the provider for action. The referral process gives the provider an opportunity to address the student’s concerns directly and quickly.
To refer a complaint, the NSO contacts the provider on behalf of the student to explain the complaint and what outcome the student wants to achieve. The provider will then investigate the complaint and contact the student within a timeframe agreed with the NSO, and in most cases is required to report back to the NSO about the outcome and any action they plan to take.
If a student is not satisfied with the outcome, or if they do not receive contact from the provider within the agreed timeframe, the student lets the NSO know, and we consider further action.
Restorative engagement
A restorative engagement process brings a student together with a senior leader from the higher education provider. This process enables a student to share their personal account of the harm caused to them and its impact, and to have their experience heard and acknowledged by the senior leader.
Providing the space for a student to tell their story can also assist the provider in considering steps it can take to prevent future harm to other students in similar circumstances.
Restorative engagement is not appropriate in all cases. Some examples of when this process may be appropriate is in relation to serious historical complaints or complaints about gender-based violence.
Through discussions with a student and a higher education provider, the NSO decides on a case-by-case basis whether a complaint is suitable for restorative engagement.
Details discussed by a student or a higher education provider during restorative engagement are not admissible in legal proceedings or court.
Alternative dispute resolution
For some complaints, the NSO uses alternative dispute resolution (ADR) through a mediation model to resolve the issue. The NSO uses three different types of mediation:
- Facilitated resolution – provides the student and higher education provider the opportunity to resolve a complaint during its early stages through engagement facilitated by NSO staff
- Formal mediation – brings the student and higher education provider together to resolve a complaint through participation in a conference with an impartial mediator.
- Complaint support coaching - NSO staff trained in conflict coaching work one-on-one with students to give them the skills to engage directly with their higher education provider to resolve their issue
Through discussions with the student and higher education provider, the NSO decides on a case-by-case basis whether a complaint is suitable for alternative dispute resolution.
Details discussed by a student or a higher education provider during a mediation process are not admissible in legal proceedings or court.
Complaint investigations and own motion investigations
The NSO attempts to resolve complaints quickly where possible. Each complaint is considered to determine whether it is appropriate to commence an investigation.
Some reasons the NSO may decide to investigate include:
- a complaint has not been able to be resolved through initial discussions with a higher education provider
- the complaint issues are complex, or it appears that the higher education provider’s actions have been unreasonable or unfair
- the complaint raises a problem that affects a broader group of students.
The NSO may also choose to start an investigation into an issue that is not based on an individual complaint. This is known as an own motion investigation and usually happens when we have identified an issue that we consider requires investigation on a systemic level.
Investigations vary in length, volume and complexity. We ask the student for consent before investigating their complaint, and we tell providers when we start an investigation.
When investigating, we typically ask for information from the higher education provider to help us form a view about the issue. We might ask for this information by phone, in writing, through meeting or interviews. We may also conduct questionnaires, surveys or undertake site visits. The NSO can also require the higher education provider to give us information.
Investigations can end for a few reasons; for example, because the issue has been resolved for the student after the investigation has commenced, the NSO has found that the provider’s actions were reasonable, or the NSO has assessed all the information and determined that the provider’s actions were unreasonable or unfair.
When the NSO ends an investigation, we will write to the provider and the student, giving information about the investigation and explaining our decision. The NSO may also prepare an investigation report, which can be made public or privately reported to the provider.
To improve higher education provider practice, the NSO may include recommendations on action a provider should take. The NSO asks providers to tell us whether they accept or do not accept our recommendations, and we monitor and report on whether the provider acts on them.
There are times when we will share information with the Tertiary Education Quality and Standards Agency (TEQSA), which could form the basis for enforcement action. This may occur when we consider that a higher education provider has not met their obligations, either for a case of urgency or severity or if we observe a repeated pattern of behaviour with a specific provider.