The Higher Education Gender‑based Violence Regulator (GBV Regulator) welcomes the release of the National Student Ombudsman’s (NSO) report “Can I talk about this? – The use of confidentiality requirements in university complaint handling” on 17 March 2026.
The report identifies poor practice in the design, communication and scope of confidentiality clauses used by some universities in their complaint‑handling processes, and the risks that some of these practices pose to victim‑survivors of gender‑based violence.
While the NSO’s investigation specifically focused on the practices of three universities, these findings provide important lessons for all higher education providers.
Students have the right to access support, seek advice, and raise concerns safely.
In particular, the NSO’s findings have direct relevance to the new National Higher Education Code to Prevent and Respond to Gender‑based Violence (the National Code), which came into effect from 1 January 2026 for all Australian universities.
Standard 4: Safety and support of the National Code requires higher education providers must ensure their responses, practices and support services are safe, person-centred and consistent with a trauma-informed approach and best practice.
The GBV Regulator is currently working through the Whole of Organisation Plans and Outcomes Frameworks that universities provided in January 2026 that outline how universities are meeting the requirements of the National Code.