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Student Ombudsman Rebukes Universities Over Gag Clauses, Orders Changes at UTS, JCU and Newcastle

The review warns broad confidentiality harms complainants, urging clear exceptions for support and legal advice.

Overview

  • Australia’s National Student Ombudsman found 21 of 44 universities used confidentiality in ways that risk student wellbeing, potentially affecting up to 770,000 students.
  • UTS was found to have “effectively silenced” a sexual harassment complainant by launching a misconduct probe over an alleged breach, with the university ordered to apologise.
  • UTS says it has accepted all recommendations and stopped using confidentiality requirements while policies are updated.
  • The University of Newcastle was flagged for keeping students bound by confidentiality even after investigations concluded, and it says it is updating policies to clarify limits and rights.
  • James Cook University was told to add explicit exceptions for health, psychosocial and legal support within three months; JCU accepts the intent but proposes a six‑month timeframe.