Acts of Parliament assented to – Acts Nos 34 and 35 of 2025

Overview

The Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025 was enacted to establish a national higher education code specifically addressing gender-based violence. The primary objective of this Act, assented to by the Governor-General on 28 August 2025, is to create a unified framework across Australian universities aimed at preventing and responding to incidents of gender-based violence. This legislative initiative was passed by both the Senate and the House of Representatives to fill a significant gap in the protection and support systems available to students and staff within higher education institutions. By establishing this national code, the Act seeks to standardise protocols, enhance support mechanisms, and ensure accountability in dealing with gender-based violence, thereby fostering safer and more inclusive educational environments. The Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) (Consequential Amendments) Act 2025 complements this primary Act by addressing the consequential amendments required to implement the national higher education code effectively.

Scope and Application

The Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025 applies to all higher education institutions, including universities and vocational education and training providers, within the Commonwealth of Australia. The Act mandates these institutions to implement and adhere to a national higher education code designed to prevent and respond to gender-based violence, ensuring a safe and supportive educational environment for all students and staff. This legislation is intended to encompass all aspects of conduct and transactions within these educational institutions, establishing clear protocols and standards to address gender-based violence effectively. The Act extends its reach nationally, applying uniformly across all Australian states and territories, thereby creating a cohesive and standardised approach to handling gender-based violence in higher education. However, the Act does not apply to primary or secondary schools, private residences, or other non-educational institutions, maintaining a clear focus on the higher education sector. The application and enforcement of this Act may be further detailed or modified through subordinate instruments, which would provide additional guidance and operational specifics to complement the primary legislation.

Key Provisions

The Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025 (section 4) establishes a national higher education code to prevent and respond to gender-based violence within universities. This Act requires institutions to develop and implement policies and procedures to address gender-based violence. It mandates universities to provide training for staff and students on recognising and responding to gender-based violence, and to ensure that support services are available for victims (section 6). Furthermore, the Act requires universities to report annually on their efforts to prevent and respond to gender-based violence, including statistics on reported incidents and the outcomes of any investigations (section 7). Universities and other higher education providers governed by this Act are obligated to comply with the national code (section 5). They must establish a clear framework for preventing and responding to gender-based violence, including setting out roles and responsibilities within the institution. This includes appointing a designated officer responsible for overseeing the implementation of the code (section 8). Additionally, universities are required to consult with student and staff representatives when developing and updating their policies and procedures related to gender-based violence (section 9). Breaches of the Act may result in significant consequences. Universities found to be non-compliant with the national code may face penalties, including fines (section 11). In severe cases, the Minister for Education may issue a public warning about the institution's failure to comply (section 12). Furthermore, if an institution fails to implement the necessary measures to prevent and respond to gender-based violence effectively, it may be subject to legal action, including potential closure (section 13). The Act also provides for civil remedies for individuals who suffer harm as a result of an institution's failure to comply with its obligations (section 14). The maximum penalties for non-compliance include fines of up to $500,000 for a corporation and $100,000 for an individual (section 15).