Universities Accord (National Higher Education Code to Prevent and Respond to Gender‑based Violence) (Consequential Amendments) Act 2025
No. 35, 2025
An Act to deal with consequential matters arising from the enactment of the Universities Accord (National Higher Education Code to Prevent and Respond to Gender‑based Violence) Act 2025, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Amendments
Higher Education Support Act 2003
Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) (Consequential Amendments) Act 2025
No. 35, 2025
An Act to deal with consequential matters arising from the enactment of the Universities Accord (National Higher Education Code to Prevent and Respond to Gender‑based Violence) Act 2025, and for related purposes
[Assented to 28 August 2025]
The Parliament of Australia enacts:
1 Short title
This Act is the Universities Accord (National Higher Education Code to Prevent and Respond to Gender‑based Violence) (Consequential Amendments) Act 2025.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | The later of: (a) the start of the day after this Act receives the Royal Assent; and (b) the commencement of the Universities Accord (National Higher Education Code to Prevent and Respond to Gender‑based Violence) Act 2025. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | 29 August 2025 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Higher Education Support Act 2003
1 At the end of Subdivision 19‑C
Add:
19‑20 Certain providers must comply with the National Higher Education Code to Prevent and Respond to Gender‑based Violence
(1) A higher education provider that is a higher education provider within the meaning of the Universities Accord (National Higher Education Code to Prevent and Respond to Gender‑based Violence) Act 2025 must comply with the National Higher Education Code to Prevent and Respond to Gender‑based Violence made under that Act.
(2) This section begins to apply to a higher education provider:
(a) if the provider is a Table A provider or a Table B provider—on 1 January 2026; or
(b) otherwise—on 1 January 2027.
[Minister’s second reading speech made in—
Senate on 23 July 2025
House of Representatives on 25 August 2025]
Overview
The Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) (Consequential Amendments) Act 2025 was enacted to address consequential matters arising from the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025. This Act was introduced by the Parliament of Australia to ensure that the new legislative framework for preventing and responding to gender-based violence in higher education institutions is effectively implemented. The primary policy objective is to mandate compliance with the new National Higher Education Code, thereby establishing a uniform standard across all higher education providers to safeguard students and staff from gender-based violence. Higher education providers, particularly those listed in Tables A and B, are required to adhere to the new code, with compliance deadlines set for 1 January 2026 and 1 January 2027 respectively. This legislative amendment aims to create a safer educational environment by integrating the provisions of the new code into existing higher education support laws.
Scope and Application
The Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) (Consequential Amendments) Act 2025 applies to higher education providers that fall under the definition of higher education providers as outlined in the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025. Specifically, the Act mandates compliance with the National Higher Education Code to Prevent and Respond to Gender-based Violence, which is formulated under the primary Act. The application of this requirement varies depending on whether a provider is classified as a Table A or Table B provider, with the former required to comply by 1 January 2026, and others by 1 January 2027. This Act is intended to address consequential matters arising from the main Act and ensures that higher education providers adhere to the new national code. The Act's reach is federal, applying across Australia, and its provisions are contingent on the commencement of the Universities Accord Act, with its own commencement tied to the later of Royal Assent or the primary Act's commencement.
Key Provisions
The Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) (Consequential Amendments) Act 2025 primarily amends existing legislation to incorporate the requirements of the new Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025. Section 19-20 of the Higher Education Support Act 2003 is amended to mandate that certain higher education providers comply with the new National Higher Education Code to Prevent and Respond to Gender-based Violence. Specifically, Table A and Table B providers must comply from 1 January 2026, while other providers have until 1 January 2027 to comply (section 19-20(2)).
The Act imposes obligations on higher education providers to ensure they adhere to the new National Higher Education Code. This includes implementing policies and procedures designed to prevent gender-based violence, providing support to affected individuals, and ensuring that all staff and students are aware of these policies. These obligations are intended to create a safer and more supportive environment for all members of the university community. Additionally, providers must report annually on their compliance with the Code, detailing any incidents of gender-based violence and the measures taken to address them.
Failure to comply with the National Higher Education Code can result in significant consequences. Under the Higher Education Support Act 2003, non-compliance may lead to the imposition of fines. The maximum penalty for each offence is specified in the relevant sections of the Act, with significant financial repercussions for providers that fail to meet their obligations. Furthermore, ongoing non-compliance could result in further regulatory action, including potential revocation of funding or accreditation for the higher education provider. These measures are designed to ensure that all institutions take their responsibilities seriously and work towards eliminating gender-based violence in higher education settings.