Students deserve to feel safe and supported to reach their full potential. A new law has been introduced that higher education providers must comply with to prevent and respond to gender-based violence wherever it happens.
This means you will see your provider’s gender-based violence prevention and response plan in action. This may include promoting a safe campus and student accommodation, the availability of support services, and clear instructions on how to report an incident.
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What is gender-based violence?
Gender-based violence is any form of physical or non-physical violence or abuse against someone based on their gender, that harms, controls, or causes fear.
It can be physical, sexual, emotional, psychological, social, financial, or cyber abuse, and may include stalking or monitoring, as well as family and domestic violence.
Gender-based violence affects the mental health and wellbeing of victim-survivors and can also impact their educational outcomes.
What is the National Higher Education Code to Prevent and Respond to Gender-based Violence?
The aims of the National Code are to:
- reduce gender-based violence in higher education
- create national standards for higher education providers
- enforce the national standards
The National Code sets out requirements under 7 enforceable national standards that higher education providers must meet:
Your higher education provider’s leader (such as the Vice-Chancellor or Chief Executive Officer) and the University Council or Board are responsible for making sure the safety of students is a priority and that this new law is followed. Your provider is required to have and publish a whole-of-organisation plan to prevent and respond to gender-based violence.
Your higher education provider must create a policy on preventing and responding to gender-based violence that is consistently applied. Your provider is also required to do pre-employment checks and manage the risks of staff-student personal relationships, for the safety of the whole student and staff community.
Your higher education provider must educate students, staff and leaders to increase awareness and understanding of gender-based violence, how to respond and where to seek help. Your provider is also required to ensure that all education, training, and reporting processes are informed by gender-based violence expertise.
Your higher education provider must make internal or external support services known, and available, for staff and students. An experienced and knowledgeable staff member must be made available to students to guide them through the provider’s response process.
Your higher education provider’s processes for making a disclosure or formal report of gender-based violence must be safe, easily accessible, and timely. When a formal report is being investigated, your provider is required to consider the views of the person who has disclosed, notify them of any outcomes and finalise the process within 45 business days.
Your higher education provider must collect, report and analyse data so that their approach to preventing and responding to gender-based violence is supported by evidence. Any information they analyse or share will be de-identified to protect people’s privacy. Providers are required to collect this data in a safe, trauma-informed way and follow relevant privacy law. This data should also help them to know if their plans, policies and activities are effective.
Your higher education provider has an obligation to ensure the student accommodation they own, operate, manage, control or are affiliated with (such as colleges) is safe. Safety is not just about preventing harm. It is about making sure you feel secure in student housing and can study without fear or disruption.
Who does the National Code apply to?
It applies to all students and staff of a higher education provider.
All higher education providers must meet the requirements of the National Code commencing from:
- 1 January 2026 for higher education providers that are universities
- 1 January 2027 for non-university higher education providers
What are higher education providers required to do under the National Code?
Key requirements for higher education providers include:
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make information, policies, procedures and support services easy to find.
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provide support services that are centred on the needs and safety of victim-survivors and monitor and evaluate the effectiveness of services.
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create and publish a prevention and response plan, and report on its effectiveness.
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communicate gender-based violence prevention messages across study, work, living and social environments.
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provide prevention education and training to all staff and students.
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implement a policy on preventing and responding to gender-based violence, that includes information on appropriate conduct and behaviours, available health and wellbeing supports, and academic adjustments.
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offer clear ways for students to disclose or formally report incidents and explain what happens next when they do.
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respond quickly and protect the safety of students.
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ensure staff who are handling reports and investigations have the right expertise.
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make sure all processes are fair, trauma-informed and person-centred.
Where and when does the National Code apply?
Under the National Code, providers must take action when gender-based violence is experienced or engaged in by students or staff wherever it happens. This would include for example, in a lecture or tutorial, in university sports off campus or undertaking research or prac placements.
If a student experiences gender-based violence off campus, such as on public transport, the requirements of the National Code still apply. Students can expect providers to safely respond and provide support which may be academic or non-academic support.
Your higher education provider’s obligations under the National Code include student accommodation. Higher education providers have a duty of care to ensure that any student accommodation covered by the National Code is safe for students.
Where do I go for support?
Your provider’s policy should explain the supports and services available and how to disclose or report an incident.
Support services
Support services for people who experience or witness of gender-based violence will be different at each university and may include:
- Immediate crisis support
- Mental health support, including psychology services, counselling and non-clinical services
- Health and housing services
- Support for educational outcomes.
All higher education providers must also have a Support for Students Policy which outlines the academic and non-academic resources available to help their students succeed in their studies.
Providers may also have student advocacy services available to their students. These services are confidential and independent and are useful to help you understand academic and administrative processes or can support you to prepare a formal complaint submission.
Contact details for your provider’s student advocacy services and student support services should be available on their website or through the student portal.
Who will enforce the National Code?
A new Gender-based Violence Reform (GBV) Regulator within the Department of Education will ensure that higher education providers meet their requirements under the National Code.
Concerns or complaints
If you have experienced gender-based violence and need support from your higher education provider, they now have clear obligations under the National Code to respond and support you.
If you have experienced gender-based violence and have concerns about the way your higher education provider handled your disclosure, formal report, or the support services provided to you, you have the option to contact your provider to make a complaint.
Providers must have a formal complaints policy and procedure in place to provide students with an appropriate avenue to have their concerns addressed. You must receive a written response to a formal complaint from your provider, including how to request a review of the decision.
If you are unsatisfied by your provider’s response, you can contact the National Student Ombudsman (NSO). If you feel unsafe or are unable to make a complaint to your provider in the first instance, you can still contact the NSO.
The NSO is a free, impartial and independent complaints mechanism for students to escalate complaints about the actions of their higher education provider.
The NSO can consider a range of issues, including student safety and wellbeing, gender-based violence, discrimination, and the fairness and effectiveness of student complaints processes.
Further information on the NSO’s powers and complaint outcomes is available at: Making a complaint | National Student Ombudsman (NSO).