EXPLANATORY STATEMENT

Issued by the authority of the Minister for Education

Universities Accord (National Higher Education Code to Prevent and Respond to

Gender-based Violence) Act 2025

National Higher Education Code to Prevent and Respond to Gender-based Violence

AUTHORITY

Section 15 of the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025 (the Act) provides the authority for the Minister to make a legislative instrument to be known as the National Higher Education Code to Prevent and respond to Gender-based Violence.

PURPOSE AND OPERATION

The National Higher Education Code to Prevent and Respond to Gender-based Violence (the National Code) is made under the Act.

Section 16 of the Act sets out the purpose of the National Code, and section 17 of the Act provides information about what the National Code can contain.

The purpose of the National Code is to establish a nationally consistent framework of standards and requirements for higher education providers (providers) which seeks to reduce the incidence of gender-based violence, prioritise safety, proactively strengthen prevention efforts, improve the response to gender-based violence and hold providers accountable for their performance, including in student accommodation.

It applies to registered providers under the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act), with staggered commencement dates based on the provider’s registration status.

Over recent years evidence has consistently shown that gender-based violence continues to occur in higher education communities at significant rates. Many students and staff do not know where to seek support or make a formal complaint to their provider, and those that do are often dissatisfied with the process.

The National Code has been developed in recognition that providers have a responsibility to their staff and students, and that students and staff deserve to feel and be safe in higher education. Consistent with section 16 of the Act, the National Code will set standards and requirements that providers must meet to ensure:

study, work, social and living environments are safe, respectful and inclusive for staff and students
providers work to prevent, reduce and eliminate gender-based violence to the greatest extent possible
providers effectively respond to gender-based violence in a way that prioritises and protects safety, health and wellbeing
providers address the factors that drive and contribute to gender-based violence
providers have effective governance arrangements in place to prevent and respond to gender-based violence across all of their operations and at all levels of their organisations.

The National Code operates by imposing enforceable obligations on providers across seven interrelated Standards:

Accountable Leadership and Governance – Requires providers to demonstrate leadership accountability through governance structures and a Whole-of-Organisation Prevention and Response Plan, including systemic risk assessments and gender equality action plans.
Safe Environments and Systems – Mandates safe physical and organisational environments, including staff safety screening, conflict-of-interest management, and transparent policies that prohibit non-disclosure agreements unless requested by the Discloser.
Knowledge and Capability – Requires providers to deliver evidence-informed education and training to students, staff and leadership, and to build institutional capability to prevent and respond to gender-based violence.
Safety and Support – Ensures that support services for Disclosers and Respondents are trauma-informed, person-centred, and accessible, with tailored support plans and ongoing risk assessments.
Safe Processes – Establishes clear, timely, and accessible pathways for Disclosures and Formal Reports, including investigation and disciplinary procedures that uphold procedural fairness and consider the wishes of the Discloser.
Data, Evidence and Impact – Requires providers to collect and report de-identified data to inform national strategies, evaluate effectiveness, and contribute to the evidence base on gender-based violence in higher education.
Safe Student Accommodation – Ensures that all student accommodation linked to a provider – whether owned, operated, managed, controlled or affiliated – has clear obligations to ensure safety, accountability and compliance with the National Code.

Accountability for compliance with the National Code will sit at the highest level of the provider’s organisation, the Vice-Chancellor, Chief Executive Officer, or equivalent leader of the institution. Regular reporting to a provider’s governing body on incident data, and efforts to prevent and respond to gender-based violence will also be required.

The National Code has legal effect as provided for in the Act. Non-compliance may result in regulatory action, including significant financial penalties. Breaches may also trigger separate action under the TEQSA Act.

The Department of Education (the department), through the Secretary, is responsible for administering the National Code, including oversight of compliance, publication of aggregated data, and the provision of guidance materials to assist providers in meeting their obligations. To conduct this work, a specialist Gender-based Violence (GBV) Reform Branch has been established within the department.

The Act provides the Secretary with a range of powers to enable the GBV Reform Branch to monitor and respond to non-compliance with the National Code, including:

monitoring and investigation powers
the ability to request information
the power to issue compliance notices, infringement notices and to enter into enforceable undertakings
the ability to seek civil penalties and injunctions through a court.

The National Code is a key measure of the Action Plan Addressing Gender-based Violence in Higher Education (Action Plan), agreed to by all Education Ministers on 23 February 2024. The National Student Ombudsman (NSO), established as another key measure of the Action Plan, commenced on 1 February 2025 and enables higher education students to escalate complaints about the actions of their provider, including gender-based violence complaints.

Together these measures will ensure greater oversight and accountability of providers and help drive the social change we need to see in the higher education sector to prevent and respond to gender-based violence.

Policy Background

On 23 February 2024, Education Ministers endorsed a coordinated national approach to driving cultural and structural reform across the higher education sector, releasing the Action Plan. The Action Plan supports the objectives of the National Plan to End Violence against Women and Children 2022–2032 (the National Plan), which is Australia’s overarching policy framework to end gender-based violence within a generation.

The development of the Action Plan was informed by extensive consultation with stakeholders, including the Cross-Jurisdictional Working Group, the Gender-based Violence Reference Group, and through broader engagement with key sector stakeholders.

The Action Plan outlined seven key actions to strengthen the performance and accountability of the higher education sector. The first action was the establishment of the NSO that commenced on 1 February 2025. The NSO enables higher education students to escalate complaints about the actions of their providers, including gender-based violence complaints. The third action was the introduction of the National Code to improve safety and support for students and staff.

The Australian Government has taken immediate steps to implement the Action Plan, including:

Committing $19.4 million over two years from 2024–25 to establish the NSO as a permanent function of the Commonwealth Ombudsman. The NSO began accepting student complaints on 1 February 2025 following the passage of legislation on 28 November 2024.
Committing $18.7 million over four years from 2024–25 to develop and introduce the National Code.

Impact Analysis (Executive Summary)

Gender-based Violence is a pervasive and systemic issue in Australian higher education, undermining the safety, wellbeing, and educational outcomes of students and staff. Despite existing obligations under various regulatory frameworks, evidence from national surveys, independent reviews, and stakeholder consultations reveals students and staff continue to be let down by inconsistent and inadequate institutional responses and a lack of coordinated government action.

The Impact Analysis recommended the introduction of a mandatory National Higher Education National Code to Prevent and Respond to Gender-based Violence as the preferred policy option to address these systemic failures.

The Impact Analysis identified six core elements of the policy problem: GBV is prevalent and underreported; it has significant impacts on health, wellbeing, and educational and career outcomes; it disproportionately affects women and girls experiencing intersecting forms of inequalities and discrimination; previous efforts have been reactive and under-resourced; data availability is insufficient to support accountability; and the current regulatory framework lacks the specificity and enforceability required to drive change.

To address the policy problem, the Impact Analysis outlined key objectives aligned with the National Plan to End Violence Against Women and Children 2022-2032, including reducing the prevalence of GBV, embedding trauma-informed and person-centred support, addressing compounded vulnerabilities, strengthening data collection, and establishing enforceable standards.

Three policy options were considered:

Maintaining the status quo
Voluntary self-regulation through an optional National Code
Introducing a mandatory National Code via legislation.

Option 3 was recommended as it offers the greatest net benefit relative to implementation effort. It mandates a Whole-of-Organisation approach across seven key domains: accountable leadership and governance; safe environments and systems; knowledge and capability-building; safety and support services; safe and timely processes; data, evidence, and impact; safe student accommodation.

The Impact Analysis estimated the total costs and benefits of the National Code to be:

Total costs over a ten-year period are $1.2 billion, with an average annual regulatory burden of $173.2 million.
Total benefits over a ten-year period are $3.5 billion, with an average annual benefit of $533.7 million (measured against the three economy wide benefit streams - prevention of GBV, improved responses to Disclosures and Formal Reports, and enhanced safety within higher education environments).
Total net benefits over a ten-year period are $2.3 billion, with an average annual net benefit of $355.8 million.

If all three benefit streams above are realised, the National Code will have a benefit-cost ratio of 3, meaning for every $1 spent there is a $3 return. The break-even analysis (BEA) determines the point at which the costs and benefits of a policy intervention are equal. It is difficult to estimate specific timeframes in which the benefits of preventing and responding to GBV will occur. Instead, what the BEA analysis can reveal is that preventing just 1.2% of physical and sexual assault cases on campus (approximately 414 cases annually across 211 providers) would be sufficient to offset the National Code’s implementation costs. This represents the minimum effectiveness required for the National Code to deliver net benefit based on prevention alone.

The National Code also has broader impacts and benefits including improving women’s workforce participation and leadership, improved student satisfaction and retention, increased community awareness, and the ability to change social norms. The National Code will improve the higher education sector by strengthening leadership, building the national data base of GBV, embedding trauma-informed support services, and implementing inclusive practices for groups that are disproportionately affected by GBV. The estimated costs, benefits and net benefits are supported by consultations with providers, students, staff, victim-survivors of GBV, advocacy organisations, and student accommodation providers.

This Impact Analysis was informed by extensive consultation with students, staff, victim-survivors, advocacy organisations, accommodation providers, and government agencies. Stakeholders overwhelmingly support mandatory regulation, citing the failure of voluntary measures to deliver meaningful change. Evaluation will be guided by a robust framework, including annual data reporting, monitoring of institutional outcomes, independent evaluations, and public reporting to Parliament.

The introduction of a mandatory National Code represents a critical step in addressing gender-based violence in higher education. It aligns with national priorities, responds to stakeholder calls for action, and establishes a consistent, enforceable framework to ensure safety, accountability, and cultural change across the sector. The Department of Education acknowledges the contributions of the individuals and organisations that have shaped the direction of this reform.

COMMENCEMENT

The National Code commences on:

1 January 2026 for Providers that are Table A Providers and Table B Providers under the Higher Education Support Act 2003 as at 1 January 2026;
1 January 2027 for all other Providers registered under the TEQSA Act before 1 January 2027; and
the date on which the Provider is registered under the TEQSA Act for all other Providers registered after 1 January 2027.

CONSULTATION

The department conducted a comprehensive consultation process to ensure broad engagement across diverse stakeholder groups, and that those likely to be affected by the National Code had the opportunity to contribute meaningfully to its development.

Initial consultation occurred between 22 November 2023 and 31 January 2024 as part of the development of the draft Action Plan. This included targeted engagement with students and victim-survivor advocates, gender-based violence experts, the higher education sector, student accommodation providers, and a range of Australian Government agencies to test the initial concept of a National Code and gather initial feedback on proposed reforms.

Further consultation on the draft National Code, including the proposed regulatory framework for monitoring and enforcing compliance, was undertaken through a public consultation process between 29 May and 28 June 2024. The department released an Issues Paper outlining proposed standards and a regulatory framework and received 54 submissions from a wide range of stakeholders, including providers, students, staff, victim-survivors, women’s safety organisations, the National Tertiary Education Union, student accommodation providers, and members of the public. Submissions demonstrated broad support for the introduction of the National Code, while also identifying key themes and implementation considerations. All submissions were reviewed and assessed to inform the development of the National Code.

In parallel, targeted consultation was conducted between May and August 2024 with over 70 organisations and stakeholder groups across more than 20 sessions. These consultations ensured that the perspectives of those most directly affected by gender-based violence were meaningfully incorporated into the development of the National Code. Stakeholders included:

students;
victim-survivors;
LGBTIQA+ stakeholders;
students with disability;
culturally and linguistically diverse stakeholders;
First Nations stakeholders;
Youth Advisory Group;
university peak bodies;
Vice-Chancellors;
University Colleges;
Group of Eight Sexual Assault and Sexual Harassment Working Group;
National Tertiary Education Union;
Asia-Pacific Student Accommodation Association;
Student Accommodation Association;
Higher Education Standards Panel;
eSafety Commission.

An Expert Reference Group (ERG) was established to provide advice on the design and implementation of the National Code, including regulatory, policy, operational and subject matter considerations. The ERG comprised of victim-survivor advocates, student leaders, staff representatives, subject matter experts, and representatives from the higher education and student accommodation sectors. The ERG played a key role in refining the National Code and identifying opportunities, risks and implementation challenges.

Feedback received in all phases of consultation was key in shaping the final design of the National Code. Specific changes made in response to stakeholder input include refining terminology to ensure clarity and coverage (e.g. replacing “whole-of-institution” with “whole-of-organisation”), strengthening provisions for procedural fairness alongside trauma-informed approaches, and introducing public reporting requirements to improve transparency and accountability. The National Code also includes tailored standards for student accommodation in response to concerns about oversight and risk in these settings. Privacy concerns raised by providers led to the inclusion of safeguards around data collection and de-identification of data. The National Code’s 45-day case resolution timeline reflects a balance between victim-survivor expectations and provider operational needs. These changes demonstrate the department’s commitment to meaningful engagement and its responsiveness to the views of those most affected by gender-based violence in higher education.

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

National Higher Education Code to Prevent and Respond to Gender-based Violence

The National Higher Education Code to Prevent and Respond to Gender Based Violence (the National Code) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The National Code is made under section 15 of the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025 (the Act).

Section 16 of the Act sets out the purpose of the National Code, and section 17 of the Act provides information about what the National Code can contain.

The purpose of the National Code is to establish a nationally consistent framework of standards and requirements for higher education providers which seeks to reduce the incidence of gender-based violence, prioritise safety, proactively strengthen prevention efforts, improve the response to gender-based violence, and hold providers accountable for their performance, including in student accommodation.

It applies to registered providers under the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act), with staggered commencement dates based on the provider’s registration status.

study, work, social and living environments are safe, respectful and inclusive for staff and students;
providers work to prevent, reduce and eliminate gender-based violence to the greatest extent possible;
providers effectively respond to gender-based violence in a way that prioritises and protects safety, health and wellbeing;
providers address the factors that drive and contribute to gender-based violence;
providers have effective governance arrangements in place to prevent and respond to gender-based violence across all of their operations and at all levels of their organisations.

The National Code operates by imposing enforceable obligations on providers across seven interrelated Standards:

Accountable Leadership and Governance – Requires providers to demonstrate leadership accountability through governance structures and a Whole-of-Organisation Prevention and Response Plan, including systemic risk assessments and gender equality action plans.
Safe Environments and Systems – Mandates safe physical and organisational environments, including staff safety screening, conflict-of-interest management, and transparent policies that prohibit non-disclosure agreements unless requested by the Discloser.
Knowledge and Capability – Requires providers to deliver evidence-informed education and training to students, staff, and leadership, and to build institutional capability to prevent and respond to gender-based violence.
Safety and Support – Ensures that support services for Disclosers and Respondents are trauma-informed, person-centred, and accessible, with tailored support plans and ongoing risk assessments.
Safe Processes – Establishes clear, timely, and accessible pathways for Disclosures and Formal Reports, including investigation and disciplinary procedures that uphold procedural fairness and consider the wishes of the Discloser.
Data, Evidence and Impact – Requires providers to collect and report de-identified data to inform national strategies, evaluate effectiveness, and contribute to the evidence base on gender-based violence in higher education.
Safe Student Accommodation – Ensures that all student accommodation linked to a provider – whether owned, operated, managed, controlled or affiliated – has clear obligations to ensure safety, accountability and compliance with the National Code.

The Department of Education (the department), through the Secretary, is responsible for administering the National Code, including oversight of compliance, publication of aggregated data, and the provision of guidance materials to assist providers in meeting their obligations. To conduct this work, a new specialist Gender-based Violence (GBV) Reform Branch is being established within the department.

The Act provides the Secretary with a range of powers to enable the GBV Reform Branch to monitor and respond to non-compliance with the National Code, including:

monitoring and investigation powers;
the ability to request information;
the power to issue compliance notices, infringement notices and to enter into enforceable undertakings; and
the ability to seek civil penalties and injunctions through a court.

Policy Background

On 23 February 2024, all Education Ministers endorsed a coordinated national approach to driving cultural and structural reform across the higher education sector, releasing the Action Plan. The Action Plan supports the objectives of the National Plan to End Violence against Women and Children 2022–2032 (the National Plan), which is Australia’s overarching policy framework to end gender-based violence within a generation.

The Australian Government has taken immediate steps to implement the Action Plan, including:

Committing $19.4 million over two years from 2024–25 to establish the NSO as a permanent function of the Commonwealth Ombudsman. The NSO began accepting student complaints on 1 February 2025 following the passage of legislation on 28 November 2024.
Committing $18.7 million over four years from 2024–25 to develop and introduce the National Code.

Human rights implications

The National Code engages the following rights:

the right to education - Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW);
the right to equality and non-discrimination - Article 26 of the International Covenant on Civil and Political Rights (ICCPR);
the right to physical and mental health - Article 12 of the ICESCR;
the right to privacy and reputation - Article 17 of the ICCPR;
the right to fair trial and fair hearing rights – Article 14(2), 14(3) of the ICCPR;
the right to work and rights in work – Article 6, 7 of the ICESCR, and article 14 of CEDAW;
the right to remedy - Article 2(3) of the ICCPR; and
the right to protection against exploitation, violence and abuse - Article 20 of the ICCPR.

Right to education

Article 13 of the ICESCR recognises the important personal, societal, economic and intellectual benefits of education. Article 13 also provides that secondary education in all its different forms, including higher education, shall be made generally available and accessible to all by every appropriate means.

CEDAW requires measures to be taken to ensure, on a basis of equality of men and women, the same conditions for access to studies and for the achievement of qualifications in educational establishments, including in pre-school, general, technical, professional and higher technical education, as well as in all types of vocational training.

Gender-based violence can have negative impacts on the mental and physical health and wellbeing of people who have experienced it, and for students, this can affect their ability to continue studying and to obtain qualifications.

The National Code promotes the right to education by ensuring that providers are considering any supports or academic adjustments to keep students engaged in their education, and by preventing gender-based violence and the impacts this has on educational outcomes. Specifically:

Standard 2.1(f) requires providers make alternative research, research supervision, or living arrangements as necessary to ensure the safety of students where they have alleged that they have experienced gender-based violence.
Standard 2.3(e) requires that providers must have clear policies that includes information on available support services, including academic supports, in relation to gender-based violence.
Standard 2.7(c) requires that providers’ policies support Disclosers achieving their education outcomes, including through necessary academic adjustments.
Standard 4.2 requires a provider to facilitate Disclosers and Respondents having access to support services, including supports relevant to educational outcomes such as reasonable academic adjustments.
Standard 4.3 requires that a provider make information publicly available on supports for academic adjustments and education outcomes in relation to gender-based violence.
Standards 4.6(vi) and (ix) require providers to consider implementing academic adjustments to support the Discloser in achieving their educational outcomes when developing their tailored support plan.
Standard 4.7(f) requires providers to consider implementing academic adjustments for Respondents in developing their tailored support plan.

Overall, the National Code sets requirements to ensure that study, work, social and living environments are safe, and supports the health and wellbeing of their students. This will improve student safety and wellbeing to ensure students can fully participate in education.

Permissible limitations in the National Code

Standard 5 of the National Code requires providers to ensure that all processes are safe and timely. This includes the management of Disclosures, investigations, and in disciplinary processes relating to Respondents.

Under Standard 5, the right to education may be limited for Respondents, where, following the substantiation of allegations of gender-based violence, sanctions are imposed which impact participation in education (for example, exclusion or expulsion).

To safeguard the lawful balance of protecting the right to a safe learning environment and imposing limitations on the right to education, procedural fairness and appeals processes for Respondents are codified in the National Code.

Sanctions that result in limitations to the right to education are assessed as permissible in accordance with the following:

Legitimate objective: the National Code allows for sanctions to be imposed on the Respondent to prioritise Discloser safety and mitigate continuing impacts on Discloser wellbeing, including minimising any disruption to their education. Consistent with evidence based best practice, removing those who use violence, rather than allowing their behaviour to pose ongoing threats to safety for Disclosers and others, is an appropriate course of action in circumstances where such sanction is deemed reasonable.[1]
Rational connection: The National Code includes Standard 5 specifically to empower providers to establish processes and impose disciplinary sanctions that maximise safety and achieve the objectives of the National Code. This includes sanctions that remove harm from the learning and residential environment for Disclosers and others.
Reasonable, necessary, proportionate: For the National Code to be effective and to achieve its purpose, disciplinary processes set out in Standard 5 are reasonable and necessary and must be proportionate. Standard 5.20 of the National Code states that providers must impose sanctions proportionate to the conduct substantiated in the disciplinary process, which may include exclusion and expulsion. Further, expulsion and exclusion of students, and sanctions on employees based on misconduct, already exist as appropriate courses of action within various legal and policy instruments relating to the operation of providers.

Right to equality and non-discrimination

Article 26 of the ICCPR protects the right to equality and non-discrimination by providing that all individuals have the same rights and deserve the same level of respect, regardless of their personal attributes such as race, sex, disability, age or colour (among other attributes).

In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

The UN Committee on the Elimination of All Forms of Discrimination against Women has stated that gender-based violence, including domestic violence, is a form of discrimination that seriously inhibits women's ability to enjoy rights and freedoms on a basis of equality with men.

Students that identify as women, First Nations, with a disability, or LGBTIQA+, experience gender-based violence at higher rates than others.[2]

Gender inequality is a key driver of gender-based violence and contributes to discrimination against women and other groups, and the National Code requires providers to consider gender inequality and to promote non-discrimination in their institutions. Specifically:

Standards 1.4(c), 2.3(a), 3.1(b) 7.2(b) and 7.4(c)(ii) require providers to address factors that drive and contribute to gender-based violence in their Whole-of-Organisation plan, their policy on preventing and responding to gender-based violence, their prevention and education training, and in student accommodation respectively.
Standard 1.1(g) requires that providers include a Gender Equality Action Plan within their Whole-of-Organisation plan.
Standard 2.7(a) requires providers to undertake gender impact assessments as part of developing, reviewing and implementing their policies.
Standard 3.1 requires providers to deliver prevention education training that highlights the various elements of gender-based violence, including awareness on the role of power dynamics, understanding healthy, respectful and safe relationships, and increasing awareness and understanding on how forms of inequality and discrimination compound to affect gender-based violence.

Consistent with evidence outlining the compounding impact of intersectional discrimination relating to gender and other protected attributes under the ICCPR, the National Code includes obligations on providers to take into account the needs of those disproportionately impacted by gender-based violence, specifically women, First Nations people, culturally and linguistically diverse communities, people with disability and people of diverse sexual orientation and gender identity.[3]

Standards 1.4(h), 2.5(c), 3.3(e) and 3.9(c) require providers to consult with groups that are disproportionately affected by gender-based violence, to ensure that their needs are addressed in their Whole-of-Organisation plan, policies, procedures and education and training.

Permissible limitations in the National Code

The National Code recognises that, to effectively prevent and respond to gender-based violence and achieve substantive equality, it is necessary to prioritise the advancement of rights of disadvantaged groups and those disproportionately affected by violence.

While Article 26 outlines that everyone is entitled to equal treatment under the law, special measures are required to address historical disadvantage and systemic inequalities, to provide equity to those subjected to historical and ongoing discriminatory experiences, processes and systems.

The focus on groups that are disproportionately affected by gender-based violence are assessed as permissible in accordance with established international human rights principles, and in consideration of the following:

Legitimate objective: the focus on disadvantaged groups is required to promote substantive equality and redress the impacts of historical and continuing discrimination based on gender, cultural and linguistic diversity, First Nations identity, disability, sexual orientation and gender identity.
Rational connection: leading evidence outlines the connection between amplifying the voice of people with lived experience in the design of systems and processes (including action plans and education materials) and better social, educational and health outcomes for those groups.
Reasonable, necessary, proportionate: the taking of special measures, for example consulting groups disproportionately affected by gender-based violence about their lived experience and to realise equality in educational outcomes, is recognised as not discriminatory. Rather, such measures are reasonable, necessary and proportionate to achieve the objects of the National Code.

Right to physical and mental health

Article 12 of the ICESCR requires that State Parties to the Covenant recognise the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

The UN Committee on Economic, Social and Cultural Rights has stated that the right to health embraces a wide range of socio-economic factors that promote conditions in which people can lead a healthy life, extending to underlying determinants of health such as safe and healthy working conditions.

In 2021, the National Student Survey showed that one in 20 students had been sexually assaulted since they started university[4] and one in six had been sexually harassed.[5]

Gender-based violence can have negative impacts on the mental health, physical health and wellbeing of people who experience it. For students, it can affect their ability to remain in study. Trauma can make them less able to attend and participate in classes, in some instances, they withdraw from their study.

For staff, the effects of gender-based violence can result in reduced performance and absenteeism, representing a barrier to career progression and advancement.

Survey data also shows that one in 3 higher education staff reported personal experiences of sexual harassment, and women and non-binary staff were more likely to experience sexual harassment than men.[6]

The physical and mental health of students and staff is the priority of the National Code as its purpose is to reduce the incidence of gender-based violence in higher education. Specifically:

Standard 2 requires that providers environments are safe with Standard 2.1(e) and 2.1(f) requiring providers to address any material risk arising in relation to staff who are not employees where they have been investigated for, or determined to have engaged in gender-based violence, and to make alternative arrangements to ensure the safety of students and staff where they have alleged they have experienced gender-based violence.
Standard 2.7(d) requires that providers must ensure their policies are supporting the physical and psychological safety and wellbeing of their students and staff.
Standard 4 requires providers to ensure that all responses, practices and support services for gender-based violence are safe, person-centred and consistent with a trauma informed approach.
Standard 4.6(i) requires that a tailored support plan for a Discloser must implement any measures necessary to ensure the safety of the Discloser.
Standard 5 requires that all processes are safe and timely.
Standard 7 requires that providers ensures that student accommodation is safe for all students and staff.

Permissible limitations in the National Code

The National Code also recognises that measures taken to ensure the physical and emotional safety and wellbeing of a Discloser may adversely impact on the Respondent.

The prioritisation of the safety of the Discloser despite potentially having adverse impacts on the Respondent are permissible in accordance with established international human rights principles relating to the rights to physical and mental health in consideration of the following:

Legitimate objective: Preventing and responding to gender-based violence requires the physical and emotional safety of the Discloser to be prioritised. Without ensuring the safety of the Discloser the effects of gender-based violence continue to cause harm.

Rational connection: Leading practise in responding to gender-based violence outlines the connection between ensuring protection of physical health and emotional safety of Disclosers through the complaints process and improved social, educational and health outcomes as well as enhanced capacity for healing over the longer term.

Reasonable, necessary, proportionate: Prioritising the safety of the discloser is recognised as not discriminatory as any measures taken to ensure this safety must be reasonable, necessary and proportionate, and are balanced with the codified procedural rights of the Respondent within the National Code.

Right to privacy and reputation

Article 17 of the ICCPR prohibits arbitrary or unlawful interference with a person’s privacy, family, home or correspondence, and prohibits unlawful attacks on a person’s reputation. The right to privacy includes respect for informational privacy, including in relation to storing, using and sharing private information, as well as the right to control the dissemination of personal and private information.

To be permissible as a matter of international human rights law, interferences with privacy must be according to law and not arbitrary.

The National Code engages the right to privacy by establishing a framework under which the Secretary may collect, use and disclose information (including personal information of students and staff).

Data plays a critical role in expanding the evidence base and understanding the nature and prevalence of gender-based violence, identifying the needs of different groups, measuring progress, and informing policy and program design.

The data will also provide transparency about the experiences of gender-based violence in the higher education sector, inform national strategies to reduce gender-based violence in the higher education sector, and build the evidence-base regarding systemic and cultural barriers for preventing and responding to gender-based violence.

Standard 1.3 safeguards data that is required by ensuring that when a provider is complying with the National Code it must provide de-identified information and otherwise undertake its obligations under the National Code in accordance with applicable Commonwealth, State and Territory privacy laws, or where no other privacy laws apply with reference to the Australian Privacy Principles.

The National Code imposes data and reporting obligations on providers that are primarily set out under Standard 6. Standard 6.3 reiterates Standard 1.3 and requires that, in complying with their obligations under Standard 6, providers must ensure that data is collected in a safe, trauma-informed and person-centred manner, held and handled securely, and must be de-identified and otherwise take into account applicable Commonwealth, State and Territory privacy laws, or where no other privacy laws apply with reference to the Australian Privacy Principles.

As well as requiring providers to be bound by privacy laws, the National Code also specifies that data may be published unless it would have the effect that an individual is identifiable or reasonably identifiable.

The National Code also has several standards that require that the Secretary may require the provider to report on how it has complied with its obligations under a particular standard of the National Code, and that the Secretary can prescribe the manner and form. Under these standards providers may be required to provide personal information that is likely to include details of a providers’ Vice-Chancellor or Chief Executive Officer, and details of a day-to-day contact person, including their title, full name, phone number and email address. It is necessary that the National Code be able to require this information to monitor compliance with the National Code and ensure that the Secretary has the details for relevant people who can be contacted as part of the Secretary exercising their powers and functions under the National Code.

The Act also provides that the Secretary may collect, use and disclose information in relation to the National Code. Under section 27 of the Act, the Secretary will be able to request information and documents from a person who is a provider or who is or was connected to a provider for the purposes of the Secretary’s functions under, or the provider’s compliance with, the Act or the National Code. For example, student and staff records could potentially be requested to ascertain if a provider has followed its internal policies and procedures and reflected this in practice when preventing and addressing gender-based violence in their institution.

While this power enables the Secretary to request personal information, this information would be collected very rarely and only when the Secretary cannot otherwise reasonably ascertain a provider’s compliance with the Act and the National Code through other information provided by the provider or their reporting requirements under the National Code. The Secretary will utilise de-identified data that is primarily aggregated to determine if there are any systemic issues with the provider.

Section 42 of the Act authorises the Secretary to share information they have acquired under the National Code with a range of individuals and other Commonwealth bodies where it is related to the performance of their functions and exercise of their powers, and with State and Territory bodies, but only for certain specific purposes.

The Secretary may only disclose protected information that is personal information (within the meaning of the Privacy Act 1988 (Privacy Act)) if the Secretary is satisfied that the information will be appropriately protected after the Disclosure. This power is necessary as the Secretary may receive a complaint that includes personal information that may need to be referred to another government agency for action. Commonwealth agencies are required to comply with the Privacy Act and most States and Territories have equivalent privacy legislation that applies to their State, Territories and government agencies.

The department will not disclose personal information unless it is necessary and appropriate to do so in the circumstances. It is not anticipated that personal information will need to be disclosed often, and the department will actively seek to minimise any Disclosures of personal information. An example of when it may be necessary to disclose personal information is if a complaint or issue is raised with the department and it would be most appropriately handed by an alternative body, for example, the NSO. This provision will ensure that the department can share the complaint with the NSO for action. Where possible, the department will seek the student’s consent before sharing the information with the NSO.

Given the serious nature of gender-based violence and the impact that it has on people who experience it, it is critical that the Secretary can access relevant information and documents to carry out their functions and powers under the National Code to help ensure the safety of students and staff. Any information collected through these processes will be handled in accordance with the department’s privacy policy (https://www.education.gov.au/using-site/privacy) and the department will also continue to comply with its privacy obligations under the Australian Privacy Principles in Schedule 1 to the Privacy Act. Further, no personal information will be made publicly available by the department or any other government agency. Such information will only be used internally by the department and other Commonwealth agencies for the purposes of performing their functions and undertaking their activities.

The National Code also protects the right to reputation by embedding procedural fairness in its disciplinary processes, particularly under Standard 5.18, which requires that Respondents be afforded procedural fairness in the disciplinary process.

Additional safeguards are codified in Standards 5.10, 5.11, 5.14, 5.19, 5.22, 5.27 and 5.28, which collectively ensure that Respondents are notified of the commencement of an investigation, may be accompanied by a support person during the process, are notified of the conclusion and outcome of an investigation, are informed of any disciplinary updates and its outcome and are advised of their rights to appeal respectively.

These provisions ensure that any reputational impacts arising from disciplinary action are proportionate, justified, and consistent with the principles of natural justice.

Permissible limitations in the National Code

Standard 2 of the National Code requires that providers ensure environments are safe, and systems continuously improve to prevent and respond to gender-based violence. This includes in the management of employee recruitment and onboarding and obliges providers to:

ensure staff comply with Working with Children check requirements of their governing State or Territory;
ask prospective employees and members of Governing Bodies to declare whether they have been investigated for an allegation of gender-based violence;
require employees to declare any existing or previous intimate personal relationship with another employee or a student in circumstances relevant to the operation of the National Code.

Under Standard 2, the right to privacy of one’s personal information may be impacted and limited. To safeguard the lawful balance of the right to a safe learning environment and limitations on the right to privacy, obligations imposed on providers with respect to requiring disclosure of personal information and intimate personal relationships are not arbitrary and are considered necessary to ensure safe learning and work environments for staff and students.

These limitations on privacy are permissible in accordance with established international human rights principles relating to the rights to privacy and reputation in consideration of the following:

Legitimate objective: the National Code imposes obligations on providers to prioritise Discloser safety and prevent incidents of gender-based violence occurring in the first place. Codifying these obligations aligns with evidence based best practice to prevent harm in education and employment contexts and is consistent with the positive duty under the Sex Discrimination Act 1984 to actively prevent sex discrimination, sexual harassment and related misconduct.
Rational connection: The National Code includes Standard 2 specifically to empower providers to prevent incidence of gender-based violence through managing and monitoring its workforce to identify persons likely to engage in gender-based violence and identify relationships where risk may be present.
Reasonable, necessary, proportionate: In order for the National Code to be effective and to achieve its purpose, processes to help identify risk in the recruitment process and in existing or previous intimate personal relationships is reasonable and necessary. Proportionate response to identified risk is built into the National Code, for example providers are asked to take into consideration risks arising from the declaration in determining a person’s suitability for the position or promotion, recognition or award, consistently with the provider’s duty of care to students and staff. Further, requirements to declare investigations relating to misconduct already exist as appropriate courses of action within various legal and policy instruments relating to the operation of providers. The Secretary’s powers to collect, use and further disclose information are reasonable, proportionate and necessary to ensure the Secretary can effectively regulate the Act and the National Code.

To the extent the National Code may limit the right to privacy, this is lawful and non-arbitrary considering the safeguards for protecting personal information in the National Code and other legislation.

Rights to work and rights in work

Article 6 of the ICESCR states that the right to work should be protected, by providing the worker with just and favourable conditions of work, safe working conditions, the right to form trade unions, and the right to freely choose and accept work. The right to just and favourable conditions of work in article 7 of ICESCR includes elements of safe and healthy working conditions.

Gender-based violence can significantly impact the physical and mental health of staff, leading to absenteeism, reduced performance, and barriers to career progression. The National Code addresses these risks by requiring providers to create safe, respectful, and inclusive working environments for all staff.

The National Code applies to all staff and includes specific protections and obligations that promote safe working conditions, and the right to physical and mental health also applies to staff that assists in protecting their right to work. Specifically:

Standards 4 and 5 guarantee staff the right to make Disclosures and Formal Reports of gender-based violence, and that their employer must respond no matter the context in which the violence occurs.
Standard 4.2 requires that the provider must provide or facilitate access to support services, including workplace adjustments to staff who make a Disclosure or Formal Report.
Standard 4.6 requires a Provider to implement a tailored support plan, that includes safety measures, support services, and work adjustments to support staff at work.

These obligations ensure that staff are protected from gender-based violence and that their safety and wellbeing are prioritised.

The National Code also supports staff participation in the design of policies, plans, education and training, to reinforce their agency and inclusion into these processes.

Through its regulatory framework, the National Code complements existing legislative protections under the Sex Discrimination Act 1984 and the Fair Work Act 2009. Together, these laws promote the right to work and rights in work by requiring Providers to actively prevent gender-based violence and maintain safe and equitable working conditions.

Right to effective remedy

Article 2(3) of the ICCPR guarantees the right of individuals to an effective remedy when their rights or freedoms are violated. This includes access to impartial and competent authorities, and the enforcement of remedies granted.

The National Code supports the right to an effective remedy by establishing clear, accessible, and trauma-informed pathways for individuals, particularly students and staff, to report and seek redress for experiences of gender-based violence, primarily under standard 5 of the National Code. Specifically:

Standard 5.2 and 5.3 allows individuals to make Disclosures and Formal Reports through multiple channels, including anonymously.
Standards 5.5, 5.6, 5.13 and 5.14 allow individuals to have multiple pathways to manage Disclosures and outcomes of investigations.
Standards 5.14, 5.22 and 5.28 requires providers inform of outcomes and updates of Disclosures, investigations and Formal Reports.
Standard 5.27 documents the right for individuals to make an internal or external complaint, including to the NSO.

The NSO provides an external oversight mechanism and Standard 2.6 requires providers to implement any recommendations made by the NSO in relation to gender-based violence. This ensures independent review and strengthens the availability of impartial remedies.

These provisions ensure that individuals who experience gender-based violence have access to meaningful redress, including safety measures, support services, and institutional accountability. The inclusion of external oversight mechanisms, such as the NSO, further strengthens the availability of independent remedies.

Right to protection against exploitation, violence and abuse

Article 20(2) of the ICCPR protects the right to freedom from exploitation, violence and abuse which includes gender-based violence.

The CEDAW further recognises that violence and abuse against women and girls is a form of discrimination and a violation of human rights.

Over the last several years evidence has shown that gender-based violence – and in particular sexual violence and harassment - continues to occur in higher education communities at significant rates.

Overall, the National Code protects the right to freedom from exploitation, violence and abuse by aiming to prevent gender-based violence and limit any harm, violence and abuse, that occurs because of gender-based violence.

The National Code seeks to reduce incidence of gender-based violence, prioritise safety, proactively strengthen prevention efforts, improve the response to gender-based violence and hold providers accountable for their performance, including student accommodation, and as such, promotes the right to protection against exploitation, violence and abuse consistent with Australia’s obligations under the ICCPR and the CEDAW.

Conclusion

The National Code is compatible with human rights because it promotes the protection of human rights and to the extent that provisions limit human rights, those limitations are for the achievement of legitimate objectives, and are reasonable, necessary and proportionate.

Minister for Education, the Hon Jason Clare MP.

NATIONAL HIGHER EDUCATION CODE TO PREVENT AND RESPOND TO GENDER-BASED VIOLENCE

EXPLANATION OF PROVISIONS

Section 1: Name

This section provides that the title of the instrument is the National Higher Education Code to Prevent and Respond to Gender-based Violence (the National Code).

Section 2: Commencement

This provision provides that the National Code commences on:

1 January 2026 for Table A and Table B Providers under the Higher Education Support Act 2003;
1 January 2027 for other registered Providers under the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act) before that date; and
the date of registration for Providers registered under the TEQSA Act after 1 January 2027.

Section 3: Authority

This section provides that the National Code is made under section 15 of the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025 (the Act).

Preliminary

The National Higher Education Framework to Prevent and Respond to Gender-based Violence

This Part of the instrument provides background to the National Code and a summary of the purpose and intended operation of the Code. It provides that the purpose of the National Code is to provide national standards for higher education providers (providers) to prevent and respond to gender-based violence.
These national standards require providers to:

ensure study, work, social and living environments are safe, respectful and inclusive for staff and students;
work to prevent, reduce and eliminate gender-based violence to the greatest extent possible;
effectively respond to gender-based violence in a way that prioritises and protects safety, health and wellbeing;
address the factors that drive and contribute to gender-based violence; and
have effective governance arrangements in place to prevent and respond to gender-based violence across all of their operations and at all levels of their organisations.

These purposes have been included to ensure that providers understand what the National Code is trying to achieve, and what government expectations are of providers in relation to preventing and responding to gender-based violence in their communities.
The National Code has seven standards, all of which have a connection to one or more of these purposes. These consistent standards and practices across the sector will help protect and promote the safety of students and staff and help drive the cultural and systemic change that is needed.
The National Code was developed recognising that gender-based violence is prevalent across Australia, including in higher education, and requires that providers take actions that are proportionate and safe when gender-based violence is experienced or engaged in by their students or staff, regardless of where, or the context in which, the gender-based violence occurs.

Standards

The introduction of this Part provides that Parliament does not intend by this Part (being the Standards) to:

create in any person any legal right, or give rise to any civil cause of action; or
to affect in any way the interpretation of any Commonwealth Act or law which is in force.

Standard 1: Accountable leadership and governance – Effective governance and a Whole-of-Organisation approach prioritises safety and support in preventing and responding to Gender-based Violence.

Requirements

Leadership and Governance

Standard 1.1 establishes that the Higher Education Principal Executive Officer, such as the Vice-Chancellor, CEO or equivalent, is responsible for ensuring compliance with the National Code. It recognises their leadership role in fostering respectful and inclusive institutions, to ensure that prevention and response to gender-based violence is prioritised at the highest level.
Standard 1.2 requires the provider to ensure that their Governing Body, or a subcommittee that reports to the Governing Body, has dedicated expertise in student and staff wellbeing and has delegated responsibility for safety and wellbeing. This ensures safety and wellbeing is being considered by the Governing Body, and that prevention and response to gender-based violence is embedded into governance structures.
Standard 1.3 specifies that when providing data in accordance with the National Code, providers must ensure that all data is de-identified and follows applicable Commonwealth, State and Territory Privacy Laws, and where no other privacy laws apply the Australian Privacy Principles should be followed. This is to ensure that individual’s privacy is being protected, and any data collected under the National Code is being managed in accordance with the law.

Whole-of-Organisation approach to preventing and responding to gender-based violence

Standard 1.4 requires providers to develop, implement and publish a Whole-of-Organisation plan (the plan) to prevent and respond to gender-based violence.
Standard 1.4(a) requires the plan to clearly outline the provider’s organisation-wide approach to preventing and responding to gender-based violence, with a focus on ensuring the safety and support of students and staff, including in any student accommodation the provider owns, operates, or manages.
Standard 1.4(b) specifies that the Plan must ensure that providers respond to gender-based violence that is experienced or engaged in by their students or staff, regardless of where, or the context in which, the gender-based violence occurs.
Standard 1.4(c) requires the plan to address the factors that drive and contribute to gender-based violence, including any specific issues relevant to the provider’s context. This is to ensure that the underlying factors contributing to gender-based violence and gender inequality are being addressed throughout the plan.
Standard 1.4(d) requires the plan to show how a provider will implement the requirements of the National Code, including in their student accommodation, to ensure compliance.
Standard 1.4(e) requires the plan to include a Whole-of-Organisation assessment that identifies any systemic risks, enablers and barriers to preventing and responding to gender-based violence to ensure barriers are being addressed and risks are being appropriately managed.
Standard 1.4(f) requires the plan to identify what actions they need to take to address the problems identified in their Whole-of-Organisation assessment.
Standard 1.4(g) requires the plan to include a gender equality action plan to ensure that efforts to prevent and respond to gender-based violence are embedded within a broader commitment to promoting gender equity across the organisation.
Standard 1.4(h) requires the plan to consider the experiences and the needs of the provider’s whole community, especially from groups who are disproportionately affected by gender-based violence including women, First Nations people, culturally and linguistically diverse people, people with disability and LGBTQIA+ communities to ensure the plan is reflective and inclusive.
Standard 1.4(i) specifies that the plan must be developed through partnership and collaboration with students and staff, including those with lived experience, to ensure that it is codesigned by the people who will directly experience its implementation.
Standard 1.4(j) requires that the plan be based on internal data or other public data to ensure that the plan is data-driven.
Standard 1.4(k) requires the plan to include a systemic review and analysis of a provider’s past Disclosure and Formal Report processes, to identify gaps and ways to improve.
Standard 1.4(l) requires the plan to be informed by international and domestic evidence to ensure that providers are aware of and aligned with leading practice.
Standard 1.4(m) requires the plan to be endorsed by the provider’s Governing Body to ensure oversight, leadership and commitment at the highest level.
This whole-of-organisation approach seeks to drive meaningful transformation by implementing action across every level of an organisation. It recognises that the underlying drivers of gender-based violence are pervasive and interconnected and will not be addressed without a coordinated approach.
Standard 1.5 gives the Secretary the power to request providers to report on how they have engaged and considered the views of students and staff in the development of the plan. This helps ensure that the plan reflects the needs of those affected and strengthens provider accountability.
Standard 1.6 requires providers that directly own, operate or manage student accommodation to ensure that their plan addresses how it will meet the obligations of the National Code in student accommodation settings.
Standard 1.7 requires providers to develop and implement an outcomes framework to track and measure the effectiveness of their actions under the plan. This strengthens accountability by ensuring that providers are tracking, evaluating and delivering on their actions outlined in the plan.
Standard 1.8 requires that providers must give a copy of their plan and outcomes framework to the Secretary by the initial reporting date and then every four years after that. This must include a systemic review and analysis that includes analysis and review of provider’s own data they are required to collect under Standard 6.
Standard 1.9 requires that at least every six months providers must report to their Governing Body against their outcome frameworks. The six-month period commences after the initial reporting date. These reports must include de-identified data on any incidents of gender-based violence that have occurred since the last report, and any trends identified by the data.
Standard 1.10 requires that every two years the Higher Education Principal Executive Officer must give the Secretary a report on the plan and its outcomes framework.
Standard 1.11 requires that providers must review and amend their plans in regard to their duty of care to students and staff, and these amendments must be endorsed by the Governing Body. This Standard ensures that it is the responsibility of the provider to be satisfied that their plan is keeping students and staff safe in line with their duty of care, and that if it is not the plan must be amended accordingly.
Standard 1.12 provides the Secretary with the power to provide feedback to the provider on their plan and any amendments providers make. Providers must respond by incorporating any feedback into their plans and providing the updated copy to the Secretary. Timeframes for responding to the feedback are to be specified by the Secretary.

Reporting

Standard 1.13 provides the Secretary with the power to request a report from the provider that must detail how they have complied with their obligations under Standard 1 of the National Code. The form and manner are to be prescribed by the Secretary.

Standard 2: Safe environments and systems – Higher Education providers’ environments are safe, and systems continuously improve to prevent and respond to Gender-based Violence.

Requirements

Safe environments

Standard 2.1 creates mechanisms for safe physical and cultural environments, and includes risk management, including staff suitability. It sets clear expectations and requirements about Disclosures of gender-based violence for employees and builds on providers pre-existing legislative obligations as workplaces to keep students and staff safe.
Standard 2.1(a) requires providers must ensure that all staff meet the Working with Children Check requirements of the State or Territory they operate in.
Standard 2.1(b) requires providers to ask any new employees to make a declaration if they have been investigated for an allegation of gender-based violence or had an investigation substantiated for gender-based violence, either during their previous employment history or in any other legal process. This adds a layer of oversight to ensure safe environments for students and staff. It also signals that the higher education provider prioritises safety, respect, and accountability as core values in its recruitment and workplace culture more generally.
Standard 2.1(c) requires that providers must consider any declarations made under 2.1(b) in terms of that potential employee’s suitability for the role.
Standard 2.1(d) requires that providers must consider any substantiated allegations of gender-based violence in relation to current employees who are applying for a promotion.
Standard 2.1(e) requires that providers address any risk that is present from staff who are not employees who have been investigated or determined to have engaged in gender-based violence.
Standard 2.1(f) provides a non-exhaustive list of examples of ways that providers could ensure the safety of their students and staff who have alleged that they have experienced gender-based violence.
Standard 2.2 requires that providers have mandatory, clear process for declarations of intimate relationships between staff members, and staff and students to manage inherent risks that arise in relationships where one person may have power over the other in relation to employment or education outcomes or supervision.
Standard 2.2(a) states that providers must require employees to declare any current or past intimate personal relationships with another employee, where one person has (or is likely to have) supervisory, oversight, or decision-making responsibilities over the other (2.1(a)(i)), and where a student, where the employee has (or is likely to have) academic or other decision-making responsibilities in relation to the student (2.1(a)(ii). This declaration functions as another safety screening mechanism, similar to 2.1(b), to identify and minimise risks that can exacerbate gender-based violence. It also reinforces the provider’s commitment to transparency and prevents conflicts of interest and power imbalances that can enable gender-based violence.
Standard 2.2(b) requires that for any declarations made under 2.2(a) a conflict-of-interest management plan must be implemented.
Standards 2.1 and 2.2 build on providers pre-existing legislation obligations as workplaces to keep students and staff safe by ensuring providers are diligent about who they employ, setting clear expectations and requirements about Disclosures of gender-based violence, and managing the risks inherent in intimate relationships between staff members, and staff and students.

Policies

Standard 2.3 requires providers must have and implement a policy on preventing and responding to gender-based violence (the policy). The purpose of the policy is to support a consistent and coordinated approach when addressing gender-based violence.
Standard 2.3(a) requires that the policy must include information and raise awareness of the factors that drive and contribute to gender-based violence, and any factors specific to the provider’s context.
Standard 2.3(b) requires that the policy must be person-centred and trauma-informed in content and application.
Standard 2.3(c) requires that the policy must adopt the definition of gender-based violence in the National Code.
Standard 2.3(d) requires that the policy must clearly state that gender-based violence is unacceptable.
Standard 2.3(e) requires that the policy must include information about available support services, including academic supports.
Standard 2.3(f) requires that the policy must include information on procedures in relation to a Disclosure or Formal Report of gender-based violence.
Standard 2.3(g) requires that the policy is made publicly available, written in plain English, and can be translated into different languages that reflects the demographics of the provider’s community.
Standard 2.4 specifies who the policy must apply to including: students; leadership, staff and affiliated organisations, including entities that conduct activities on behalf of the provider. The application of the policy is intentionally broad to drive cultural change and support the Whole-of-Organisation approach to gender-based violence.
Standard 2.5 requires providers to develop and review the policy at least every three years to ensure it remains relevant and reactive to changing environments.
Standard 2.5 (a) to (f) requires providers to develop the policy through engagement with students, employees, those who are disproportionately affected by gender-based violence, those with lived experience, subject matter experts on gender-based violence and third parties whose facilities are used by students and staff (i.e. research placements or practical placements). Policies developed in partnership with the communities they aim to protect are more likely to have lasting impact. This approach ensures the policy is informed by lived experiences and the needs of those affected, making it more effective and relevant in practice.
Standard 2.6 allows the Secretary to request a provider to report on how they have engaged with the views of those listed in Standard 2.5 and must describe how these views have informed the development of the policy.
Standard 2.7 outlines requirements for providers to develop, review and implement policies. The policies must be living documents that respond and adapt to the realities of gender-based violence and the needs and context of the provider. Reviewing mechanisms allow providers to identify and then address themes and emerging issues in their operations, and this helps to drive change in their organisation.
Standard 2.7(a) requires that the policies must support the prevention of gender-based violence, including through the use of gender impact assessments.
Standard 2.7(b) requires that their policies support effective responses to gender-based violence.
Standard 2.7(c) requires that the policies support Disclosers achieving their educational outcomes, including through academic adjustments.
Standard 2.7(d) requires that the policies support the physical and psychological safety and wellbeing of students and staff.

Transparency

Standard 2.8 prohibits the use of non-disclosure agreements and non-disparagement clauses between Disclosers and providers in relation to gender-based violence, unless it is specifically requested by the Discloser. The use of non-disclosure agreements and non-disparagement clauses when settling or managing incidences of gender-based violence disclosures can undermine the safety of the victim-survivor and isolate them in their silence, whilst shielding employers and protecting perpetrators. This promotes a culture of secrecy and distrust. Standard 2.8 addresses these issues by protecting the right for victim-survivors to speak about their experience and receive support, whilst providing more transparency.
Standard 2.8includes a limited exception that a non-disclosure can be used where it is specifically requested by the Discloser. Standard 2.8(a) states that if a Discloser does request a non-disclosure agreement, it must not stop the Discloser from sharing their experience when seeking advice or support or prevent the provider from meeting its reporting obligations under the National Code.
Standard 2.8(b) states that any settlement terms between the Discloser and the provider must not contain a non-disparagement clause that could have the effect of requiring the Discloser to keep their experience of gender-based violence confidential.

National Student Ombudsman Recommendations

Standard 2.9 states that a provider must implement any recommendations made by the National Student Ombudsman in relation to gender-based violence that are directed to the provider. This will help to ensure that providers act on the recommendations of the National Student Ombudsman, including any recommended changes to gender-based violence policies and procedures to improve processes for students.

Reporting

Standard 2.10 provides the Secretary with the power to request a report from the provider that must detail how they have complied with their obligations under Standard 2 of the National Code. The form and manner are to be prescribed by the Secretary.

Standard 3: Knowledge and capability – Higher Education providers build knowledge and capability to safely and effectively prevent and respond to Gender-based Violence.

Requirements

Standard 3 makes requirements around mandatory education and training on gender-based violence. Education and training can raise awareness, build knowledge and confidence, and support the collective responsibility to assist in preventing and responding to gender-based violence.
Education is a vital part of prevention, as it can help shift the underlying disrespectful and inequitable attitudes, norms and structures that drive gender-based violence.

Prevention education and training

Standard 3.1 requires providers to deliver ongoing and comprehensive prevention education and training to students, staff, and leadership, to build awareness, understanding, and capability in preventing and responding to gender-based violence, and to support attitudinal and behaviour change.
Standard 3.1 provides the learning outcomes required for education and training under Standard 3.
Standard 3.1(a) requires the learning outcome of increasing awareness of what constitutes gender-based violence to ensure participants can recognise it.
Standard 3.1(b) requires the learning outcome of increased awareness and understanding of factors that drive and contribute to gender-based violence, including any specific to the provider’s context to help participants understand social conditions that drive and reinforce violence.
Standard 3.1(c) requires the learning outcome of increasing awareness and understanding of how forms of inequality and discrimination compound to effect gender-based violence, particularly for those who are disproportionately affected by gender-based violence. This is to ensure participants develop an intersectional understanding of gender-based violence, its causes and impacts.
Standard 3.1(d) requires the learning outcome of increased awareness of healthy, respectful and safe relationships, including understanding consent.
Standard 3.1(e) requires the learning outcome of increased awareness of the role of power dynamics in gender-based violence, to help participants to identify, protect against and challenge imbalances where they occur.
Standard 3.1(f) requires the learning outcome of increased awareness of available support services, resources, and reporting options, to ensure that participants know where and how to seek help.
Standard 3.1(g) requires the learning outcome of increased awareness of ethical bystander behaviour and compassionate responses to Disclosures and Formal Reports, to ensure that individuals who intervene or receive a Disclosure of gender-based violence are equipped to respond in a safe, supportive and effective manner.
Standard 3.1(h) requires the learning outcome of strengthening understanding of gender-based violence over time, to build lasting knowledge and capability across the organisation. This ensures that education and training is evolving and meeting the participants needs and knowledge.
Standard 3.2 outlines requirements on how prevention education and training must be delivered regarding its approach and design.
Standard 3.2(a) requires that education and training be evidence-informed and aligned with current leading practice, to ensure that it is effective, up to date and grounded in evidence.
Standard 3.2(b) requires that education and training be trauma-informed and applies principles of safety, choice, collaboration and empowerment.
Standard 3.2(c) requires that providers consider and tailor their education and training to their community and context to ensure that it is relevant to participants.
Standard 3.2(d) requires that education and training to be culturally appropriate to ensure that it is inclusive and respectful of the diverse cultural backgrounds of students and staff and promotes respect and inclusivity.
Standard 3.2(e) requires education and training to be inclusive and accessible for students and staff with disabilities to ensure participation is equitable.
Standard 3.2(f) requires that education and training support ongoing learning and build knowledge over time.
Standard 3.2(g) requires that education and training be designed to safely manage Disclosures that may arise during the training and provide information about support services and reporting options. This requirement acknowledges that it is possible for training on gender-based violence to lead to participants sharing their own personal experiences of gender-based violence, and that education and training should be equipped for this and be able to manage any Disclosures safely.
Standard 3.3 outlines requirements for providers to develop education and training through collaboration and engagement with experts in gender-based violence, students, staff, those with lived experienced, and groups that are disproportionately affected by gender-based violence. This requirement ensures that education and training is relevant, safe, inclusive and are meeting the needs of its participants.
Standard 3.4 gives the Secretary the power to request providers to report on how engagement with the groups outlined in Standard 3.3 has shaped the development of their prevention education and training.

Prevention communication and initiatives

Standard 3.5 requires providers widely share prevention messaging and communication across all areas of higher education settings, including study, work, living and social environments.
Standard 3.6 requires that all prevention initiatives (such as campaigns and programs) are evidence-based and evaluated to ensure that they are effective and responsive.
Standard 3.7 gives the Secretary the power to request a provider to report on how evaluation findings have shaped prevention efforts to ensure accountability and continuous improvement.

Responding to Disclosures education and training

Standard 3.8 requires a provider to deliver specialised education and training on responding to Disclosures of gender-based violence to students in leadership positions, leadership, staff and any other relevant groups deemed relevant by the provider. This ensures that those who are most likely to receive Disclosures are prepared to respond in a safe and supportive manner. This training is to be delivered as part of the onboarding process and then at least once a year.
Training on managing Disclosures is vital in ensuring providers have the skills and capacity to respond effectively and compassionately to gender-based violence. This capacity is essential to ensure a person-centred and trauma-informed response when a Disclosure is made, regardless of whom it is made to.
Standard 3.9 describes what must be included as part of the responding to Disclosures training to ensure that those who are responding to Disclosures are prepared and have the skills to manage disclosures safely.
Standard 3.9(a) requires that the training must teach participants how to respond to Disclosures with a trauma-informed and person-centred approach. This is to ensure that Disclosures of gender-based violence are handled safely, and the needs of the Discloser are being met.
Standard 3.9(b) requires training to increases participants’ understanding of the impacts of trauma, how it can affect someone’s behaviour, memory, health and wellbeing. This is to ensure that people responding to Disclosers can identify the ways in which trauma may be presenting in an individual, and then tailor supports and responses to the individual in a person-centred and trauma-informed manner.
Standard 3.9(c) requires that the training to take account of the needs of all members of the provider’s community, particularly those disproportionately affected by gender-based violence, to ensure training is inclusive and equitable.
Standard 3.9(d) requires that the training must be developed with or approved by an accredited specialist, specialist organisation or a gender-based violence expert, to ensure the training is effective and reflects leading practice.
Standard 3.9(e) requires that the training be designed to safely manage Disclosures that may arise during the training. This includes providing information about support services and reporting channels.

Monitoring and evaluation of education and training

Standard 3.10 requires providers to undertake ongoing monitoring and evaluation of their educating and training programs to assess the effectiveness of their training.
Standard 3.10 requires that this monitoring and evaluation must have regard to the learning outcomes, feedback from participants and experts of gender-based violence, and any other factors that the providers deems relevant.
Standard 3.11 requires providers to use their findings from the monitoring and evaluation in Standard 3.10 to inform future education and training. This is to ensure that education and training is consistently improving.
Standard 3.11 also requires that the Secretary may ask providers to report on how Standard 3.10 has informed the evaluation and future education and training, and Standard 3.12 allows the Secretary to request copies of a provider’s evaluation reports.
Standard 3.13 makes clear that providers are responsible for deciding when education and training needs to be updated based on their duty of care to students and staff. This ensures accountability and that the provider can be responsive to any changes within their unique context.

Expertise and experience – risk assessments

Standard 3.14 requires that risk assessments that are conducted under the National Code be conducted by staff who have relevant expertise and experience, and details what this experience must include. The purpose of this requirement is to ensure that staff who are making important decisions in the Disclosure process have the right experience, expertise and skills, to make safe and supportive decisions whilst effectively managing risk.
Standard 3.14(a) requires that staff carrying out risk assessment must have expertise in gender-based violence risk assessments.
Standard 3.14(b) requires that the staff must have competency working with diverse groups, including First Nations people, culturally and linguistically diverse communities, people with disability, and LGBTQIA+ people.
Standard 3.14(c) requires that the staff must have relevant knowledge of: evidence-based risk and protective factors for those experiencing gender-based violence; the types, patterns and effects of gender-based violence; how gender-based violence is experienced by different groups of people; and the nature and impact of coercive control.
Standard 3.15 states that where a provider does not have the staff with the above expertise to conduct risk assessments, the provider must engage an external person who has the necessary skills and experience as outlined in standard 3.14 (unless in urgent circumstances and the provider must act consistently with their duty of care to students and staff).

Expertise and experience – formal reports, investigations and disciplinary proceedings

Standard 3.16 requires staff that are responding to Formal Reports, conducting investigations, or determining disciplinary proceedings to have relevant skills and expertise. This is to ensure that staff are properly skilled in these roles as these activities are of a highly sensitive nature and can have long-lasting impacts on individuals.
Standard 3.16(a) details the knowledge that staff must have who are involved in these processes including: knowledge of risk and protective factors of those experiencing gender-based violence; the types, patterns and effects of gender-based violence; how gender-based violence is experienced by different groups of people; and the nature and impact of coercive control.
Standard 3.16(b) details the experience and expertise that staff must have who are involved in these processes including: how to respond effectively to people who have experienced and engaged in gender-based violence with a trauma-informed and person-centred approach; the effect of trauma, including of a person’s behaviour, memory, and health and wellbeing; competency working with specific cohorts including First Nations people, culturally and linguistically diverse communities, people with disability, and LGBTQIA+ people, procedural fairness, taking and recording statements; and handling reports and Disclosures.
Standard 3.16(b) ensures that people who have significant responsibility and power in managing Disclosures and determining outcomes of investigations and disciplinary proceedings have the skills and expertise to do this appropriately. It ensures principles of procedural fairness are applied appropriately, that information is gathered in a way that supports thorough decision-making, and that responses are safe and supportive.
Standard 3.17 requires that providers ensure all staff under Standard 3.16 who are involved in formal processes relating to gender-based violence, undertake training on the skills and expertise required in Standards 3.16(a) and 3.16(b) once every three years.
Standard 3.18 requires that if a provider does not have the staff with the above expertise and experience to carry out an investigations or disciplinary proceedings mentioned in Standard 3.16, they must engage an external person who does.

Reporting

Standard 3.19 allows the Secretary to request providers to report on how they have met all of their obligations under this Standard.

Standard 4: Safety and support – Responses and support services are safe and person centred.

Requirements

Standard 4.1 requires that a provider’s responses, practices, and support services be safe, person-centred, and consistent with trauma-informed approach and best practice. This ensures that those that experience gender-based violence are treated with care, dignity and respect.
Standard 4.2 requires providers to offer or help persons making Disclosures and/or Formal Reports and Respondents to access support services. Providers must clearly explain what support is available, including any academic supports such as reasonable adjustments, to help affected students and staff continue their education or work.
Standard 4.3 requires providers to actively promote and make information widely available about how students and staff can access relevant policies, procedures, and support services. This includes internal and external supports, academic adjustments and services related to gender-based violence. The information must be easy to understand, publicly accessible, and able to be translated in multiple languages that reflects the diversity of the provider’s community. This ensures that staff and students are aware of gender-based violence policies, procedures and support services, and can access them easily when required.
Standard 4.4 requires that providers must undertake a risk assessment in response to all Disclosures and Formal Reports of gender-based violence. This includes managing and monitoring any risks identified on an ongoing basis.

Safety and support for Disclosers

Standard 4.5 requires that when the provider implements safety measures in a response to a Disclosure or Formal Report of gender-based violence, that they must engage with the Discloser and seriously consider their views. This is a person-centred approach and ensures that safety planning is respectful and responsive to the Disclosers needs.
Standard 4.6 requires that a tailored support plan be developed collaboratively with the Discloser, and must be managed by a staff member with relevant expertise and experience. Standard 4.6 details what must be included in the tailored support plan.
Standard 4.6(a) requires, as part of the tailored support plan, the provider to implement any safety measures necessary to ensure the safety of the Discloser.
Standard 4.6(b) requires, as part of the tailored support plan, the provider must explain and prioritise urgent access to support services for the Discloser when needed or requested. This is to ensure Disclosers receive timely support and to limit the harm and impact of the gender-based violence.
Standard 4.6(c) requires, as part of the tailored support plan, the provider to take steps to ensure the Discloser is not required to repeat the contents of their Disclosure or Formal Report multiple times to multiple people. This is to limit the harm and impact of the gender-based violence to the Discloser.
Standard 4.6 (d) and (e) requires, as part the tailored support plan, the provider must prioritise urgent access for Disclosers to an accredited specialist and translation or interpreter services when needed or requested.
Standard 4.6(f) requires, as part of the tailored support plan, the provider to consider and implement academic or workplace adjustments to support the Discloser in continuing their education and/or work.
Standard 4.6(g) requires, as part of the tailored support plan, the provider to undertake ongoing risk assessments to manage and monitor any identified risks to the Discloser’s safety and wellbeing. This ensures that safety planning remains current and responds to the changing nature of the risk of gender-based violence to best protect the Discloser.
Standard 4.6(h) requires, as part of the tailored support plan, that the Discloser is provided with clear information and the opportunity to discuss the investigation and disciplinary processes, including the role of the person making the disclosure in those processes, if any, and the range of resolutions, sanctions and outcomes if the allegation of gender-based violence is substantiated. This supports a person-centred approach by fostering transparency and enabling informed participation.
Standard 4.6(i) requires, as part of the tailored support plan, the provider to discuss the support options available to the Discloser, including the potential availability of work and/or academic adjustments.

Support for Respondents

Standard 4.7 requires the provider to develop a tailored support plan collaboratively with the Respondent. The tailored support plan must be managed by a staff member with relevant expertise and experience. Standard 4.7 details what must be included in the tailored support plan.
Standard 4.7(a) requires, as part of the tailored support plan, the provider to implement any safety measures necessary to ensure the safety of the Discloser, even if these adversely impact the Respondent.
Standard 4.7(b) requires, as part of the tailored support plan, the provider to explain and prioritise access to support services for Respondents when needed or requested. This is to ensure Respondents receive timely support, and to ensure effective intervention.
Standard 4.7(c) and 4.7(d) require, as part the tailored support plan, the provider to prioritise access for Respondents to an Accredited Specialist and translation or interpreter services when needed or requested.
Standard 4.7(e) requires, as part of the tailored support plan, the provider to provide the Respondent with the opportunity to discuss the investigation and disciplinary processes, including their role in those processes, and the range of resolutions and sanctions available if the allegation of gender-based violence is substantiated.
Standard 4.7(f) requires, as part of the tailored support plan, the provider to consider and implement academic and/or workplace adjustments.
Standard 4.7(g) requires, as part of the tailored support plan, the provider to conduct ongoing risk assessments to monitor and manage any identified risks.
Standard 4.8 requires the provider to prohibit that staff assigned to manage the tailored support plans be the same person for the Discloser and the Respondent. This separation is to avoid a conflict-of-interest and ensure that the Discloser and Respondent can maintain trust and confidentiality within their tailored support plans.

Effectiveness of support services

Standard 4.9 requires providers to monitor their support services and evaluate their effectiveness at least once every three years. The findings from this monitoring and evaluation must be used to improve future service delivery. The Secretary may also request a provider to report on how these findings have informed changes to their support services.
Standard 4.10 requires that the provider is responsible for determining whether its support services require any change, based on their duty of care to students and staff. This ensures that services remain responsive, relevant and aligned with the needs of the provider’s community.

Reporting

Standard 4.11 allows the Secretary to require a provider to report on how it has met its obligations under Standard 4 and the manner and form in which this report is provided.

Standard 5: Safe processes – All processes are safe and timely.

Requirements

Accessible and Anonymous Reporting

Standard 5.1 requires providers to clearly communicate where and how Disclosures or Formal Reports of gender-based violence can be made. This applies to students and staff, as well as third parties, where the Respondent is a student or staff member.
Standard 5.2 requires providers have multiple channels for making a Disclosure or a Formal Report that must include in-person, by email, by phone and online. This aims to ensures accessibility and flexibility and allows individuals to choose the method that best suits their needs.
Standard 5.3 requires providers to ensure that Disclosures and Formal Reports can be made anonymously.
Standard 5.4 requires providers to take reasonable and proportionate action where possible in respect of anonymous Disclosures and Formal Reports. This includes identifying patterns, trends, or risks that may inform future prevention efforts and improve safety across the provider’s community.

Multiple Pathways to manage Disclosures

Standard 5.5 requires providers to offer a range of pathways to manage Disclosures to ensure responses are safe and proportionate.
Standard 5.5 describes response pathways that must be considered by the provider including a resolution that is implemented with the agreement of the Discloser and the Respondent; the implementation of safety measures without progressing to an investigation; a decision not to proceed to an investigation of a Disclosure in the specific circumstances; and a decision to progress the Disclosure to an investigation.
Standard 5.6 requires a provider to consider the wishes of the Discloser when determining the pathway to manage a Disclosure. This reflects a person-centred approach by considering the Discloser’s wishes.

Investigations

Standard 5.7 requires providers to seek and consider the views of the Discloser before progressing a Disclosure to an investigation (as opposed to a Formal Report). A provider must inform the Discloser that despite their views, they may investigate a Disclosure when it is necessary for the safety and wellbeing of students and staff.
Standard 5.8 requires providers to investigate all Formal Reports where the Respondent is a student or staff member, regardless of the context in which the gender-based violence occurs.
Standard 5.9 requires the provider to consider the safety and wellbeing of students and staff in determining the scope of investigations of a Formal Report that has no connection to the provider other than the status of the Respondent as a student or staff.
Standard 5.10 requires providers to notify both the Discloser and the Respondent in writing if an investigation is starting. They must be notified on the same day, with the Discloser being notified first.
Standard 5.11 requires providers ensure that all parties have the opportunity to be accompanied by a support person with them when they are asked about matters that are the subject of the Disclosure or Formal Report.
Standard 5.12 prohibits providers from requiring physical evidence from either the Discloser or Respondent relating to an alleged incident of gender-based violence.

Multiple pathways to manage outcomes of investigations

Standard 5.13 requires providers to have multiple of pathways to manage outcomes of Disclosures and Formal Reports following an investigation.
Standard 5.13 requires that these must include: a resolution that is implemented with the agreement of the Discloser and Respondent; the implementation of safety measures without progressing to a disciplinary process; a decision not to proceed to a disciplinary process; and a decision to progress to a disciplinary process.
Standard 5.14 requires providers to notify the Discloser of the outcome of the investigation in writing, unless otherwise requested by the Discloser. This must happen on the same day that the Respondent is notified.

Disciplinary processes

Standard 5.15 requires providers to design their procedures to allow Formal Reports to be finalised within 45 business days. This includes finalisation of a disciplinary process.
Standard 5.16 states that a provider must comply with the timeframes set out in their own procedures, subject to the 45 business days outlined in Standard 5.15.
Standard 5.17 provides that extension of the time for finalisation of Formal Reports must only be made where required in a particular context, and that the Higher Education Principal Executive Officer must satisfy themselves that extensions are only being permitted where required.
Standard 5.18 requires that providers must provide Respondents procedural fairness throughout the disciplinary process.
Standard 5.19 requires providers to update the Disclosers and Respondents throughout the process of resolving Formal Reports having regard to the views of the Disclosers and Respondents.
Standard 5.20 requires providers to impose sanctions that are proportionate to the conduct substantiated through the disciplinary process that may include exclusion or expulsion.
Standard 5.21 requires providers to give the Discloser written notice of: the outcome of the disciplinary process including decision: and any sanctions; the reasons for the outcome; and the right to make an internal and/or external complaint (including to the NSO). This requirement ensures transparency and supports the Discloser’s right to understand the outcome of their report. It also empowers them to seek further review if desired, reinforcing trust in the provider’s processes and commitment to procedural fairness.
Standard 5.22 requires that the provider notify the Discloser of the outcome of the disciplinary process on the same day as the Respondent unless the Discloser has requested otherwise.

Appeals

Standard 5.23 requires that if the provider gives notice of the outcome of the disciplinary process to the Discloser, the provider must also give written notice to the Discloser within 2 business days of an appeal being lodged of; the Respondent appealing a disciplinary decision; and information on potential outcomes of the appeal.
Standard 5.24 requires providers to design their procedures to ensure that appeals can be finalised within 20 business days. This ensures timely resolution and reduces uncertainty for all parties involved.
Standard 5.25 requires providers to comply with the timeframes set out in their own procedures, subject to the 20-business day timeline stated in Standard 5.24.
Standard 5.26 provides that extension of the time for finalisation of an appeal must only be made where required in a particular context, and that the Higher Education Principal Executive Officer must satisfy themselves that extensions are only being permitted where required.
Standard 5.27 requires that unless a Discloser requests otherwise, a providers give the Discloser written notice of: the appeal outcome, including the decision, and if relevant, sanctions; the reasons for the outcome; and the right to make an internal and/or external complaint (including to the NSO).
Standard 5.28 requires the provider to notify the Discloser on the same day as the Respondent being notified of the outcome of the appeal unless the Discloser requests otherwise.

Reporting

Standard 5.29 allows the Secretary to request providers to report on how they have met all their obligations under this Standard with the manner and form being prescribed by the Secretary.

Standard 6: Data, evidence & impact – Higher Education Providers use evidence to inform their approach, measure change and contribute to the national evidence-base.

Purpose

Standard 6.1 outlines the purpose of Standard 6 of the National Code, that recognises that strengthened data collection systems and expanding the evidence base are essential components of a comprehensive response to addressing gender-based violence. Data plays a critical role in understanding the nature and prevalence of gender-based violence, identifying the needs of different groups, measuring progress and informing policy and program design.
Standard 6.2(a), 6.2(b) and 6.2(c) requires providers to collect data and report on: process data on implementation of policies, procedures, plans and related activities; de-identified data on incidents of gender-based violence enabling trend analysis and systemic responses; and administrative de-identified demographic data; and enrolment/engagement characteristics of Disclosers and Respondents.
Standard 6.2(d) to 6.2(g) provides the purposes of this data being collected and reported on.
Standard 6.2(d) provides the purpose to ensure compliance and accountability including: compliance with the National Code and timely responses to non-compliance; and accountability and transparency of ongoing non-compliance with the National Code.
Standard 6.2(e) provides the purpose of providing timely recommendations to providers to strengthen systems, Policies, Procedures and planning to improve prevention and response to gender-based violence.
Standard 6.2(f) provides the purpose of evaluating provider and sector impacts and effectiveness of preventing and responding to gender-based violence by tracking: reporting rates of gender-based violence and support provided to Disclosers; the implementation of providers’ Whole-of-Organisation prevention and response plans; systemic and cultural barriers for preventing and responding to gender-based violence; and awareness among students and staff of policies, support services and reporting mechanisms.
Standard 6.2(g) provides the purpose of collating the data to expand the national evidence based, specifically: providing transparency about the experiences of gender-based violence in the higher education sector; informing national strategies to reduce gender-based violence in the higher education sector; building the evidence on systemic and cultural barriers and analysing the impacts of gender-based violence regarding systemic and cultural barriers for preventing and responding to gender-based violence; and analysing the impacts of gender-based violence, examining how different demographic characteristics influence risk and responses.

Requirements

Standard 6.3 states the ways in which providers must manage their data in complying with their obligations under Standard 6.
Standard 6.3(a) requires that providers must ensure that all data is collected in a safe, trauma-informed and person-centred manner and held and handled securely. This requirement ensures that data collection practices do not cause further harm to individuals affected by gender-based violence and protects their privacy. It reinforces the importance of ethical and secure handling of sensitive information.
Standard 6.3(b) requires providers to submit data and information in the specific manner and form requested by the Secretary.
Standard 6.3(c) requires providers to ensure that all information submitted under Standard 6 is de-identified and handled in accordance with applicable Commonwealth, State, and Territory privacy laws, or/and where no other privacy laws apply, providers must apply the Australian Privacy Principles. This requirement protects the confidentiality and privacy of individuals involved in Disclosures or reports of gender-based violence. It ensures that data collection and reporting are compliant with legal standards and ethical obligations.
Standard 6.4 requires providers to comply with all obligations under this Standard in relation to student accommodation, as set out in Standard 7, where applicable.
Standard 6.5 requires providers to use the data collected under this Standard 6 to inform and strengthen their Whole-of-Organisation approach to preventing and responding to gender-based violence. This includes using the data in the development and implementation of their prevention and response plan and outcomes framework.
Standard 6.6 requires providers must ensure that the data collected in accordance with Standard 6 informs evaluation, impact and planning and enables a systemic approach to preventing and responding to gender-based violence.
Standard 6.6 requires that the evaluation, impact and planning under this Standard is used to inform the understanding of: systemic and cultural barriers for preventing and responding to gender-based violence (including as they relate to particular communities or settings); the operation of systems, policies and procedures; strengthening education and training on prevention and responses to gender-based violence for students, leadership and staff.
Standard 6.7 requires providers to ensure that evaluations under the National Code are robust and carried out with objectivity.
Standard 6.8 allows the Secretary to request data from providers about how they engaged with students and staff as part of their obligations to collaborate, including: the number of engagement activities; how many people participated; and whether they were satisfied with the process.
Standard 6.9 allows the Secretary to request data in relation to Standard 1 on student and staff awareness of the provider’s: Whole-of-Organisation Prevention and Response plan; policies and procedures for making Disclosures and Formal Reports; and availability and accessibility of the provider’s support services, including academic adjustments in relation to gender-based violence.
Standard 6.10 allows the Secretary to request data in relation to Standard 2 on: the number of recruitment processes that involved a declaration of an allegation of determination of gender-based violence; and the number of people that made a declaration who were offered a position; and any additional policies, procedures or actions undertaken by the provider to prioritise safety.
Standard 6.11 allows the Secretary to request data in relation to Standard 3 on the number and proportion of: students, leadership and staff who undertook training in relation to gender-based violence; and of students, leadership and staff who reported in training feedback and evaluations that through the training they had gained an increased awareness and understanding of gender-based violence, prevention learning outcomes and ethical bystander behaviours.

Annual reporting

Standard 6.12 requires that providers must, by 30 June each year, provide the data required under Standards 6.13 and 6.14 for the previous calendar year. Standard 6.12 states when these reporting requirements commence:

commencing on 30 June 2027, for providers that are Table A and Table B providers under the Higher Education Support Act 2003 as at 1 January 2026;
commencing on 30 June 2028, for all other providers registered under the TEQSA Act as at 1 January 2026; and
commencing on 30 June of the first calendar year after the year in which they are registered, for any providers that are registered under the TEQSA Act after 1 January 2026.

Standard 6.13 requires providers to collect and report data for the previous calendar year in accordance with Standard 6.12. The Secretary may require providers to publish this data.
Standard 6.13(a) requires providers to report on data in relation to gender-based violence, in a form that can be disaggregated by demographic data including:

the total number of Disclosures and Formal Reports;
the total number of individual Disclosers and Respondents;
the number of each form of gender-based violence;
how the Disclosure was made including in-person, online or through a third party; and
the number of anonymous Disclosures.

Standard 6.13(b) requires providers to report on data for each Disclosure and Formal report of gender-based violence including:

the total number of gender-based violence incidents that required an immediate safety response and whether emergency services were required to attend;
the number of gender-based violence Disclosures and Formal Reports that were based on a single experience/single type, or involved more than one experience/multiple types;
the number of Disclosures that involved or were allegedly to be committed by a third party;
the number of Disclosures that required support a third party, including an interpreter, support person, or legal representation or other;
the location of each experience of gender-based violence;
the number of risk assessments undertaken and support plans implemented by a provider for Disclosures and Formal Reports;
the number of Respondents required to relocate from student accommodation following Disclosures;
the number of Disclosures that progressed to a Formal Report and investigation;
the number of Formal Reports that were resolved within 45 days; and
if known, how satisfied the Discloser and Respondent were with their provider’s response to gender-based violence.

Standard 6.13(c) requires providers to collect and report data on trauma-informed and person-centred responses following a Disclosure of gender-based violence, including:

the types of safety measures implemented as a result of the Disclosure and during investigation;
the number and types of services and supports for Disclosers and Respondents, including academic adjustments;
the number and proportion of Disclosures and Formal Reports did not result in a disciplinary process, and types of alternative processes or pathways undertaken; and
the number and proportion of Disclosures and Formal Reports that resulted in no further action, and at what stage no further action was implemented.

Standard 6.13(d) requires providers to collect and report data on the outcomes of each investigation and disciplinary process, including:

the number of investigations and the number of disciplinary processes;
the types of outcomes arising from a disciplinary process, and the number of each particular outcome and the timeframe for the matter to be resolved;
the number of non-disclosure agreements proposed by the Discloser and the number executed;
the number of appeals and the types of outcomes arising from an appeal and the number executed; and
if known, how satisfied the Discloser and Respondent were with the providers response to the gender-based violence disciplinary process.

Standard 6.13(e) allows the Secretary to require the provider to publish data collected in accordance with Standard 6.12 on their website.
Standard 6.14 requires providers to collect and report data specified by 30 June each calendar year in accordance with Standard 6.12. This data must cover the calendar year, and the Secretary may require providers to publish this data.
Standard 6.14(a) requires providers to collect and report data on the demographic data of each Discloser and Respondent.
Standard 6.14(b) requires providers to collect and report data on the student status of a Discloser or Respondent (if they are a student), including:

mode of attendance including full time/part time, on campus/online and for post-graduate students whether their enrolment is coursework or research;
year of study (i.e. first year, second year etc);
status as an Australian citizenship/international student and if international student, year of arrival in Australia, and Country of Birth; and
accommodation status, including whether they are residing in Student Accommodation and, if so, the identity of the Student Accommodation provider.

Standard 6.14(c) requires providers to collect and report data on the staff status of a Discloser or Respondent (if they are a staff member), including:

basis of engagement (i.e. casual, fixed term), current classification and role function; and
if the staff member is also enrolled as a student, their current course level but also be reported.

Standard 6.14(d) requires providers to collect and report data on the relationship between the Discloser and the Respondent if known, what capacity was their relationship, or if the relationship is not known.

Standard 7: Safe Student Accommodation – Student accommodation is safe for all students and staff.

Requirements

Standard 7 places obligations on providers to respond to gender-based violence in student accommodation settings. The obligations vary depending on the type of student accommodation. Standard 7 recognises that student accommodation is a high risk setting for gender-based violence and that providers have an obligation to ensure that any student accommodation they are delivering, partnering with, or promoting to their students is safe.

Providers of directly owned, operated or managed Student Accommodation

Standard 7.1 places obligations on providers in relation to student accommodation that they directly own, operate, and/or manage.
Standard 7.1(a) requires providers to ask student accommodation staff to declare whether they have been investigated for an allegation of gender-based violence or determined to have engaged in conduct that constitutes gender-based violence in similar positions, or during the course of any employment or engagement as a contractor, or otherwise in a legal process.
Standard 7.1(b) requires that providers must take into consideration any declaration made under paragraph 7.1(a) and any risks arising from the declaration in determining the person's suitability for the position, in line with the providers duty of care.
Standard 7.1(c) requires that providers must take into consideration any substantiated allegation of gender-based violence found by the provider in the course of the employment or engagement of student accommodation staff, with respect to their promotion or recognition.
Standard 7.1(d) requires that providers must require student accommodation staff to declare existing or previous intimate personal relationships with a resident of the provider.
Standard 7.1(e) requires that providers must implement a conflict-of-interest or risk management plan where a declaration is made under 7.1(d), that includes any necessary alternative arrangements.
Standard 7.1(f) requires that providers must require residents, student accommodation staff, and any staff whose substantive role is in connection with the student accommodation, to undertake prevention and responding to Disclosures education and training that meets the requirements of Standard 3 and is tailored to the student accommodation environment.
Standard 7.1(g) requires that providers must have procedures in place for responding to Disclosures or Formal Reports involving residents, student accommodation staff, or any staff whose substantive roles is in connection with student accommodation. These procedures must include:

take all necessary immediate action proportionate to the risk arising from the Disclosure to ensure the safety of the Discloser, residents and student accommodation staff. This may include relocation of the Respondent to alternative accommodation and/or arranging available urgent support services for the Discloser and Respondent;
undertake a risk assessment within 48 hours of receiving the Disclosure or Formal Report or immediately when required, that: takes into account and seriously considers the views of the Discloser; and determines safety measures to be implemented to protect the safety of the Discloser and other residents, which may include relocation of the Respondent to alternative accommodation;
within 48 hours of a Disclosure or Formal Report, develop and implement a support plan collaboratively with, and as desired by, the Discloser in accordance with the relevant requirements in Standard 4; and
within 48 hours of a Disclosure or Formal Report, develop and implement a support plan collaboratively with, and as desired by, the Respondent in accordance with the relevant requirements in Standard 4.

Standard 7.1(h) requires that where the provider determines the action to be necessary to protect the safety of residents and after seeking and considering the views of the Discloser, the provider permanently remove from the student accommodation a person who has had an allegation of gender-based violence against them substantiated.

Student Accommodation Providers which are not directly owned, operated or managed by a Provider but are otherwise under the Control of a Provider

Standards 7.2 to 7.8 places obligations on providers in relation to student accommodation providers that are not directly owned, operated, or managed by a provider, but are otherwise under the control of the provider control as defined by section 50AA of the Corporations Act 2001.

Accountable Leadership and Governance

Standard 7.2 requires that providers must ensure student accommodation providers under their control prepare, implement, and publish on their website a Whole-of-Organisation Prevention and Response Plan that must:

records the student accommodation provider’s approach to preventing and responding to gender-based violence, that prioritises the safety and support of residents;
addresses the factors that drive and contribute to gender-based violence, as well as any factors relevant to the student accommodation provider’s context;
records how the student accommodation provider will implement the requirements in Standards 7.2 to 7.8 of the National Code;
includes a Whole-of-Organisation assessment that identifies systemic risks, enablers and barriers to preventing Gender-based Violence.
includes actions that will be taken in response to findings of the assessment;
reflects the needs, experience and agency of all members of the student accommodation provider’s community, particularly those members who are disproportionally affected by gender-based violence, including women, First Nations people, culturally and linguistically diverse communities, people with disability and people of diverse sexual orientation and gender identity; and
be developed through engagement and collaboration with residents and student accommodation staff, including in its design and implementation, and including those who have experienced gender-based violence.

Standard 7.3 requires providers to ensure student accommodation providers regularly monitor and measure the impact of their prevention and response plan on an ongoing basis and that the plan must be updated at least every four years.

Safe Environments and Systems

Standard 7.4 outlines the arrangements providers must have in place with student accommodation providers under their control to ensure safe environments and systems.
Standard 7.4(a) requires providers to have arrangements with student accommodation providers that ensure that:

student accommodation staff are asked to declare whether they have been investigated for an allegation of gender-based violence, or determined to have engaged in conduct that constitutes gender-based violence in similar positions, or during the course of any employment or engagement as a contractor, or otherwise in a legal process;
student accommodation providers are taking into consideration any declaration made under paragraph 7.4(a)(i) and any risks arising from the declaration in determining the person's suitability for the position, and in line with their duty of care;
student accommodation providers take into consideration any substantiated allegation of gender-based violence found by the student accommodation provider in the course of the employment or engagement of student accommodation staff, with respect to their promotion or recognition;
require student accommodation staff to declare any existing or previous intimate personal relationship with a resident of the student accommodation provider; and
where a declaration is made in accordance with paragraph 7.4(a)(iv) a conflict-of-interest or risk management plan is implemented as necessary, that includes any necessary alternative arrangements.

Standard 7.4(b) requires providers to have arrangements with student accommodation providers in relation to non-disclosure agreements and non-disparagements clauses that:

prohibit the use of a non-disclosure agreement, unless requested by the Discloser;
if a Discloser requests the use of a non-disclosure agreement in relation to gender-based violence, any such agreement with the student accommodation provider must not stop the Discloser from sharing their experience for the purpose of seeking support and advice or the student accommodation provider from complying with their reporting obligations under the Code; and
any settlement terms agreed between the Discloser and the student accommodation provider must not contain a non-disparagement clause that could have the effect of requiring the Discloser to keep their experience of gender-based violence confidential.

Standard 7.4(c) requires that providers have arrangements with student accommodation providers in relation to their policies and procedures. This Standard allows student accommodation providers to either adopt the provider’s policies and procedures on preventing and responding to gender-based violence under Standard 7.4(c)(i), or to have and implement their own policies and procedures that must contain the requirements as set out in Standard 7.4(c)(ii).
Standard 7.4(c)(ii) requires that if a student accommodation provider is not adopting their provider’s policies and procedures, they must have and implement a policy on preventing and responding to gender-based violence that applies to residents and student accommodation staff that:

provides information on the factors that drive and contribute to gender-based violence, as well as any factors relevant to the student accommodation provider’s context;
is person-centred and trauma-informed in both its content and application;
adopts the definition of gender-based violence defined in the National Code;
clearly states that gender-based violence is unacceptable;
includes information about what support services in relation to gender-based violence;
complies with applicable obligation under Standard 5, as applicable, as if every reference to provider was a reference to a student accommodation provider;
includes information on procedures in relation to Disclosures or Formals Reports of gender-based violence; and
is publicly available, written in plain English and can be translated into different languages.

Standard 7.4(c)(iii) requires student accommodation providers to develop and review the policy referred to at 7.4(c)(ii) at least every three years, following engagement and collaboration with: residents; student accommodation staff; those groups who are disproportionately affected by gender-based violence, including women, First Nations people, culturally and linguistically diverse communities, people with disability and people of diverse sexual orientation and gender identity; those who have experienced gender-based violence; and subject matter experts on gender-based violence.
Standard 7.4(c)(iv) requires that providers must be able to request and review the student accommodation provider’s policies and procedures on gender-based violence and provide feedback to ensure they meet the requirements of Standard 7.

Knowledge and Capability

Standard 7.5 requires that a provider must have arrangements in place with a student accommodation provider in relation to training and education, and prevention initiatives for gender-based violence. Standard 7.5 requires that training, education and initiatives must require:

all residents and student accommodation staff to complete prevention and responding to Disclosures education and training, which is delivered or approved by the provider, meets the requirements in Standard 3 and is tailored to the student accommodation environment;
student accommodation providers to promote and widely disseminate evidence-informed prevention communication and key messaging tailored to a student accommodation environment; and
require any prevention initiatives, including programs and campaigns, delivered by the student accommodation provider to be evidence-based and evaluated, and evaluation findings must inform future prevention initiatives.

Standard 7.6 requires that a provider must have arrangements in place with a student accommodation provider to ensure that risk assessments are only undertaken by persons who have the expertise and experience in paragraph 3.14 of Standard 3. Where a student accommodation provider does not have staff with the necessary expertise and experience to conduct a risk assessment, the student accommodation provider must engage a person who has the necessary expertise and experience.
Standard 7.7 requires that a provider must have arrangements in place with a student accommodation provider in relation to Disclosures that require the student accommodation provider to:

ensure that its responses, practices and support services are safe, person-centred and consistent with a trauma-informed approach;
provide or facilitate access to support services to persons making Disclosures and/or Formal Reports and to Respondents, including explaining the available support services available, including supports relevant to educational outcomes;
actively promote and make widely available information about how residents and student accommodation staff can access policies and procedures and internal and/or external support services. This information must be accessible and publicly available, drafted in plain English and able to be translated into different languages;
undertake a risk assessment in response to all Disclosures and Formal Reports of gender-based violence and manage and monitor any identified risks on an ongoing basis;
in circumstances where a Disclosure relates to conduct that occurred in student accommodation or at an event organised by a student accommodation provider to:

take all necessary immediate action proportionate to the risk arising from the Disclosure to ensure the safety of the discloser or other residents or student accommodation staff. This may include relocation of the Respondent to alternative accommodation and/or arranging available urgent support services for the Discloser and Respondent;
enable a Discloser to elect that the provider leads the response to the Disclosure, including supports, and any investigation and/or disciplinary process, and if the Discloser so elects, require the student accommodation provider to:

co-operate fully with the provider in leading the response to the Disclosure, including information sharing; and
implement any outcomes decided by the provider

in circumstances where a Discloser elects the student accommodation provider to lead the response to the Disclosure:

undertake a risk assessment within 48 hours of receiving the Disclosure or Formal Report or immediately when required

which must take into account and seriously consider the views of the Discloser; and
to determine safety measures to be implemented to protect the safety of the Discloser and other residents, including relocation of the Respondent to alternative accommodation

immediately implement any safety measures identified by the risk assessment;
manage and monitor any identified risks; and
provide information to the provider about a Disclosure, including informing the provider of the outcome of the risk assessment and for assistance with managing and monitoring any identified risks:

with the consent of the Discloser; or
where, as a result of the risk assessment in paragraph 7.7(e)(iii)(A), it is reasonably necessary to provide that information to the provider to protect the wellbeing and safety of students and/or student accommodation staff; or
where such information is confined to the fact that a Disclosure has occurred and how that Disclosure is being managed by the student accommodation provider consistently with the National Code and the affiliation agreement and is provided in a manner which does not and would not identify the Discloser.

within 48 hours of a Disclosure or Formal Report develop and implement a support plan collaboratively with and as desired by the Discloser in accordance with the relevant requirements in Standard 4; and
within 48 hours of a Disclosure or Formal Report, develop and implement a support plan collaboratively with and as desired by the Respondent in accordance with the relevant requirements in Standard 4.

Standard 7.8 requires a provider to have arrangement in place with a student accommodation provider that requires data collection and reporting to the provider consistent with Standard 6 of the National Code, as applicable.

Affiliated Student Accommodation Providers

Standard 7.9, 7.10 and 7.11 set out requirements for providers with affiliated student accommodation. An affiliated student accommodation provider is any accommodation not owned, operated, managed or controlled by the provider but is still affiliated through:

a legal or governance agreement such as a statue, constitution or similar legal instrument; or
having a service agreement or other agreement with the provider; or
operating on the provider’s lands; or
being authorised by the provider to use that provider’s intellectual property in its recruitment or marketing materials or on its website; or
being listed by the provider on its website as student accommodation or being promoted by the provider in its recruitment or marketing material.

This definition of an affiliated student accommodation provider is not exhaustive.
Standard 7.9 requires that where a provider already has a legally binding agreement or arrangement with an affiliated student accommodation provider, the provider must do everything reasonably possible within its power to vary, supplement or otherwise amend that agreement or arrangement so that it meets the requirements set out in Standards 7.2 to 7.8 inclusive, as if any reference to a student accommodation provider was a reference to an affiliated student accommodation provider.
Standard 7.10 requires that where a provider does not yet have a legally binding agreement with an existing affiliated student accommodation provider, or is planning to enter into a new agreement, the provider must do everything reasonably possible within its power to enter into a legally binding written agreement or other legally binding arrangement with that affiliated student accommodation provider that meets the requirements set out in Standards 7.2 to 7.8, as if any reference to a student accommodation provider was a reference to an affiliated student accommodation provider.
Standard 7.11 states that where an affiliated student accommodation provider does not wish to enter into an agreement that meets the requirements in Standards 7.9 and 7.10, the provider must:

report to the Secretary, who may publish the name of the affiliated student accommodation provider; and
and must not:

authorise the affiliated student accommodation provider to continue to use the provider’s intellectual property or any domain names of the provider; or
advertise, market or promote the affiliated student accommodation provider, including to the provider’s students; or
have any agreement in place to reserve spaces for students

Reporting

Standard 7.12 allows the Secretary to request the provider report on how it has complied with their obligations under Standard 7 of the National Code with the manner and form to be prescribed by the Secretary.
Standard 7.13 requires providers to report to the Secretary by 30 June of each year commencing after the initial reporting date: the names of the student accommodation which the provider directly owns, operates and/or manages; the student accommodation that it controls; and the student accommodation to which it is affiliated.

Definitions

This Part of the National Code provides definitions for words commonly used throughout the National Code.

[1] Universities Australia. (2023). Guidelines for responding to sexual harm: A guide for universities (Version 4). https://universitiesaustralia.edu.au/wp-content/uploads/2023/07/UA-2023-008-Sexual-Harm-Response-Guidelines-web-v4.pdf

Australian Human Rights Commission. (n.d.). Respect@Work: Creating safe, inclusive and respectful workplaces. https://humanrights.gov.au/our-work/sex-discrimination/respectatwork

[2] Social Research Centre. (2022). National Student Safety Survey. https://www.nsss.edu.au/.

[3] Australian Human Rights Commission (AHRC) Time for respect: Fifth national survey on sexual harassment in workplaces November 2022.

[4] Social Research Centre. (2022). National Student Safety Survey. https://www.nsss.edu.au/.

[5] Ibid.

[6] National Tertiary Education Union. (2023). Sexual harassment survey report.

National Higher Education Code to Prevent and Respond to Gender-based Violence 2025

Administered by Department of Education

AUTHORITY

PURPOSE AND OPERATION

COMMENCEMENT

CONSULTATION

Overview of the Legislative Instrument

Human rights implications

Right to education

Right to equality and non-discrimination

Right to physical and mental health

Right to privacy and reputation

Rights to work and rights in work

Right to effective remedy

Right to protection against exploitation, violence and abuse

Conclusion

Minister for Education, the Hon Jason Clare MP.

EXPLANATION OF PROVISIONS

Section 1: Name

Section 2: Commencement

Section 3: Authority

Preliminary

The National Higher Education Framework to Prevent and Respond to Gender-based Violence

Standards

Definitions

Interactions

Legislation content

AUTHORITY

PURPOSE AND OPERATION

COMMENCEMENT

CONSULTATION

Overview of the Legislative Instrument

Human rights implications

Right to education

Right to equality and non-discrimination

Right to physical and mental health

Right to privacy and reputation

Rights to work and rights in work

Right to effective remedy

Right to protection against exploitation, violence and abuse

Conclusion

Minister for Education, the Hon Jason Clare MP.

EXPLANATION OF PROVISIONS

Section 1: Name

Section 2: Commencement

Section 3: Authority

Preliminary

The National Higher Education Framework to Prevent and Respond to Gender-based Violence

Standards

Definitions

Interactions

Authorises

All Versions