The legislation is a key step to enable the Minister for Education to make the National Code will set standards and requirements that higher education providers registered with the Tertiary Education Quality and Standards Agency must meet to proactively prevent and respond to gender-based violence.
Students and staff in higher education deserve to be and feel safe. Over the last several years, evidence has shown that sexual violence continues to occur in university communities at significant rates.
Along with the impacts on victim-survivors' mental and physical health and wellbeing, this violence can also negatively affect students' educational outcomes. For staff, the effect of gender-based violence can result in reduced performance, absenteeism and turnover.
On 23 February 2024, in response to the Australian Universities Accord, Education Ministers released the Action Plan Addressing Gender-based Violence in Higher Education which included an action to implement the National Code.
Under the National Code, higher education providers will be required to take evidence-based steps to prevent gender-based violence, including providing education and training to students and staff.
The National Code will be a legislative instrument and will mandate accountability at the highest level, require a whole-of-organisation prevention and response plan to drive cultural change, and make sure victim-survivors are respected and supported.
The National Code will apply to student accommodation that a higher education provider owns and operates, controls or is affiliated with.
The National Code has been developed in consultation with victim-survivor advocates, students, the higher education sector, gender-based violence experts, states and territories and relevant Australian Government agencies.
Minister for Education, the Hon Jason Clare MP said:
"Every student deserves to feel safe from sexual violence on campus. This new National Code makes that non-negotiable.
"We've listened to students and survivors on what needs to be done to drive long overdue cultural change on our campuses.
"Universities aren't just places where people work and study, they are also places where people live, and we need to ensure they are safe.
"This Code will make sure universities are taking action to prevent sexual violence from happening in the first place.
"And when the worst does happen, the Code mandates staff and students get the response and support they deserve, every time."
The National Code will be implemented by a new specialist Gender-based Violence Reform Branch in the Department of Education. This new branch will educate the sector on requirements of the National Code, monitor and enforce compliance, support providers by sharing best practice across the sector, and gather data on gender-based violence in higher education.
The National Code will come into effect for Table A and Table B providers on 1 January 2026 and for non-Table A and B providers on 1 January 2027.
