The National Higher Education Code to Prevent and Respond to Gender-based Violence (National Code) is a landmark reform for the higher education sector. It sets 7 clear, legally enforceable standards that higher education providers must meet to effectively prevent and respond to gender-based violence, including in student accommodation.
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By setting consistent national requirements, the National Code aims to drive cultural change across the sector and help ensure that universities and colleges are safe, respectful and inclusive places for all who study, work and live in them.
Overview of the National Code
On 25 August 2025 the National Code passed Parliament, and was registered as a legislative instrument by the Minister of Education on 17 October 2025, with an aim to:
- reduce the incidence of gender-based violence
- proactively strengthen prevention efforts
- improve the response to gender-based violence; and
- hold higher education providers accountable for their performance, including in student accommodation.
The National Code requires providers to take a whole-of-organisation approach that is trauma-informed, person-centred and grounded in evidence. Action from providers must be led from the top and embedded across the entire organisation, through strong partnerships with students, staff, communities and experts – as well as staff and residents in student accommodation.
Compliance with the National Code is mandatory, and providers may face regulatory action, including financial penalties, for non-compliance. Compliance will be monitored and enforced by the Gender-Based Violence Regulator (GBV Regulator).
The National Code commenced on 1 January 2026 for Table A providers and Table B providers under the Higher Education Support Act 2003 (Cth) and will commence on 1 January 2027 for other providers registered under the Tertiary Education Quality and Standards Agency Act 2011 (Cth).
The 7 standards
The National Code establishes mandatory requirements for higher education providers across 7 legally enforceable standards. They are the foundation of a new culture that prioritises gender-based violence prevention, ensures safe and timely responses, and embeds accountability at every level.
Standard 1: Accountable leadership and governance
Effective governance and a whole-of-organisation approach prioritises safety and support in the prevention of and response to gender-based violence.
Institutions must publish and deliver a Whole-of-organisation Gender-based Violence Prevention and response Plan, led by the Higher Education Principal Executive Officer, with clear accountability and measurable outcomes.
Standard 2: Safe environments and systems
Higher education providers’ environments are safe, and systems continuously improve to prevent and respond to gender-based violence.
This includes staff declarations, clear conflict-of-interest management and prohibiting non-disclosure agreements unless requested by the victim/survivor.
Standard 3: Knowledge and capability
Higher education providers build knowledge and capability to safely and effectively prevent and respond to gender-based violence.
Training must be ongoing, inclusive, trauma-informed and updated regularly to reflect evolving risks and evidence.
Standard 4: Safety and support
Responses and support services are safe and person-centred.
Providers are required to prioritise the wellbeing of victim/survivors, ensuring access to appropriate crisis and ongoing support, as well as academic and workplace adjustments.
Standard 5: Safe processes
All processes are safe and timely.
Providers must ensure accessible reporting channels, offer anonymous reporting options, complete investigations within clear timeframes and uphold procedural fairness for all parties.
Standard 6: Data, evidence and impact
Higher education providers use evidence to inform their approach, measure change and contribute to the national evidence-base.
Providers must collect, analyse and report data on gender-based violence in ways that are safe and trauma-informed. This data will be used to track progress, identify systemic issues, improve institutional responses and build a stronger evidence base.
Standard 7: Safe student accommodation
Student accommodation is safe for all students and staff.
All student accommodation owned, operated or managed by a provider must meet the National Code’s standards. Providers must also take all reasonable steps to ensure affiliated accommodation providers comply, recognising the heightened risks in residential settings.
Development of the National Code
The National Code sits within the Australian Government’s broader commitments to eliminate gender-based violence, including the National Plan to End Violence Against Women and Children 2022–2032 and the Action Plan Addressing Gender-based Violence in Higher Education, ensuring a coordinated, whole-of-system approach to preventing and responding to of gender-based violence.
The National Code was developed following extensive consultation with students, staff, victim-survivor advocates, accommodation providers, subject matter experts and governments. It responds directly to the evidence of unacceptably high rates of sexual assault, sexual harassment and other forms of gender-based violence in higher education, and the widespread loss of confidence in existing systems.
The development of the National Code would not have been possible without the invaluable contributions of gender-based violence specialists, advocates, and practitioners whose expertise, dedication and advocacy have guided this work. Their unwavering commitment to supporting victim-survivors, amplifying lived experiences, and driving systemic change has been central to shaping the National Code. This effort builds on more than a decade of advocacy and reform across government, the higher education sector, and the broader community.
Multiple inquiries and public consultations informed or drove the development of the National Code, making clear that a coordinated national approach was essential to build trust and ensure safety across the higher education sector.
Senate Inquiry into current and proposed sexual consent laws in Australia
In November 2022, a Senate Inquiry into current and proposed sexual consent laws in Australia recognised the failures of universities to prevent and respond to sexual violence on campus and called for the establishment of an independent taskforce with strong powers, to oversight universities’ policies and practices to prevent and respond to sexual violence on campus and in residences.
View the current and proposed sexual consent laws in Australia reportThe Australian Universities Accord Interim Report
In July 2023, the Australian Universities Accord Interim Report identified an urgent need to improve student and staff safety in university communities and urged the Australian Government to immediately engage with states and territories as a priority.
Priority Action 5 from the Australian Universities Accord Interim Report recommended the Australian Government immediately commence engagement with the states and territories to strengthen university governance. The Minister for Education established a Working Group of Commonwealth, state and territory officials with responsibility for higher education to lead the development of an Action Plan, based around 3 core themes:
- as an urgent priority, ensuring student and staff safety particularly sexual assault and sexual harassment
- positioning universities as exemplary employers through strengthened responses to workplace rights
- ensuring contemporary and responsive governance of university councils.
Action Plan Addressing Gender-based Violence in Higher Education
On 23 February 2024, all Education Ministers agreed to and released the Action Plan Addressing Gender-based Violence in Higher Education (the Action Plan). The Action Plan recognises the unique role that higher education providers can and must play in driving the broader social change needed to address gender-based violence.
One of the 7 key actions identified in the Action Plan was to introduce a National Higher Education Code to Prevent and Respond to Gender-based Violence.
A draft of the Action Plan was released for public consultation on 22 November 2023 and closed on 31 January 2024.
National Code consultation
To develop the National Code, the Department of Education led a comprehensive stakeholder consultation process which included:
- Establishing an Expert Reference Group comprised of victim-survivor advocates, student leaders, staff representatives, subject matter experts, the Higher Education sector and student accommodation providers.
- Undertaking a targeted consultation with key stakeholder groups including higher education providers, students, staff, victim-survivors and their advocates, First Nations people, people with disability, LGBTIQA+ people, culturally and linguistically diverse people and student accommodation providers.
- Consulting with other Commonwealth agencies and State and Territory governments leading work on domestic, family and sexual violence including the Department of Social Services, Office for Women, Attorney-General’s Department, Department of Defence, and the Domestic, Family and Sexual Violence Commission.
In May 2024, the Department of Education released an Issues Paper on the development of the National Code via a public consultation process. The Issues Paper detailed the National Code standard and its regulatory framework. Feedback was sought from the public to ensure the National Code would have the desired impact within the higher education sector and the wider community.
Establishing the National Code
In February 2025, the Minister for Education introduced to Parliament the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Bill 2025 and tabled a draft of the proposed National Code legislative instrument.
In August 2025, the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Bill 2025 passed Parliament and received Royal Assent.
On 17 October 2025, the National Higher Education Code to Prevent and Respond to Gender-based Violence was registered as a legislative instrument by the Minister of Education, establishing it as a legal instrument.
The GBV Regulator does not provide emergency assistance or support services to people who are experiencing or at risk of experiencing gender-based violence and/or sexual assault.
If you, a child, or another person is in immediate danger, call 000.
For 24/7 domestic, family and sexual violence counselling, information and support, contact 1800RESPECT (1800 737 732), text 0458 737 732, chat online or video call via the 1800RESPECT website.