The National Higher Education Code to Prevent and Respond to Gender-based Violence sets national standards and requirements for higher education providers to prevent and respond to gender-based violence, including in student accommodation.
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This page contains Frequently Asked Questions (FAQs) about the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025 and the National Higher Education Code to Prevent and Respond to Gender-based Violence (National Code).
These FAQs are based on queries raised during webinars hosted by the Department of Education and in engagements with higher education providers. This is a living resource and will be updated over time as new questions arise.
Who does the Act and National Code apply to?
The Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025 and the National Higher Education Code to Prevent and Respond to Gender-based Violence (National Code) applies to Tertiary Education Quality and Standards Agency (TEQSA) registered higher education providers. There are different commencement dates for Table A and Table B providers and other providers registered under the Tertiary Education Quality and Standards Agency Act 2011.
How will the Act and National Code link to the broader regulation of higher education?
The Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025 was made together with the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) (Consequential Amendments) Act 2025.
The Consequential Amendments Act 2025 amends the Higher Education Support Act 2003 (HESA) to include compliance with the National Code as a quality and accountability requirement for higher education providers approved under that Act. HESA is the main piece of legislation governing Commonwealth funding of higher education in Australia.
The Secretary will also be able to share information with the Tertiary Education Quality and Standards Agency (TEQSA), the National Student Ombudsman (NSO) and employees and officers of other Commonwealth funding.
For example, information could be shared with TEQSA regarding potential non-compliance with the Threshold Standards. TEQSA could then use this information in line with its regulatory approach and take enforcement action accordingly.
This will ensure higher education providers are held accountable on how they prevent and respond to gender-based violence in higher education.
What are the basic principles for regulation in the Act? How will they be applied in the regulation of the National Code?
The basic principles of regulation under the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025 are the principle of regulatory necessity, and principle of proportionate regulation.
These principles will guide the Secretary of the Department of Education and the Department in the exercise of their regulatory powers and functions.
The principle of regulatory necessity ensures that the Secretary’s exercise of the power does not burden the higher education provider any more than is reasonably necessary.
The principle of regulatory necessity means that the Secretary will only take action when it is needed to achieve the intended regulatory outcome. For example, if the Secretary decides that intervention is required, any action taken will be limited to what is necessary. Necessity is also considered alongside the principle of proportionality and fairness, taking into account all the facts and circumstances, including any burden placed on higher education providers. The principle of proportionate regulation ensures that the Secretary’s exercise of the power is in proportion to:
- Any non-compliance.
- Any risk of future non-compliance.
In line with the principle of proportionate regulation, the Secretary may consider the seriousness of any non-compliance by the provider, the actual or potential risk of harm to students and staff, the likelihood of harm happening or happening again, and the Secretary’s confidence in the provider’s commitment and capability to address the non-compliance and ensure the safety of staff and students in the future.
Will the National Code apply overseas? How does this apply to universities with overseas campuses?
The National Higher Education Code to Prevent and Respond to Gender-based Violence will only apply to a higher education provider operations within Australia. However, higher education providers are expected to apply the intent of the National Code in all their operations and consider the requirements of the National Code as part of their whole-of-organisation approach.
A provider does not have jurisdiction for oversee campuses however, if an Australian student or staff member is on placement oversees or participating on an international trip, for example, the National Code applies. Similarly, if an international student or staff member is on placement with an Australian higher education provider, the National Code applies.
Who is responsible for meeting the requirements of the National Code?
The National Higher Education Code to Prevent and Respond to Gender-based Violence states that the higher education principal executive officer is accountable for compliance with the National Code. This role is usually filled by the Vice Chancellor or Chief Executive Officer. This person will be responsible for leading the development of a Whole-of-Organisation Prevention and Response Plan, which is to be submitted to the Secretary, implemented and published on the providers website.
How is gender-based violence defined in the National Code?
Gender-based violence is defined in the National Higher Education Code to Prevent and Respond to Gender-based Violence as “any form of physical or non-physical violence, harassment, abuse or threats based on gender, that result in, or is likely to result in harm, coercion, control, fear or deprivation of liberty or autonomy”.
Gender-based violence includes but is not limited to sexual violence, family and intimate partner violence, technology-facilitated abuse, visa abuse, dating violence, and sexual harassment. This is not an exhaustive list. Gender-based violence is predominantly experienced by women and gender-diverse or LGBTIQA+ people. Gender-based violence can also occur alongside other forms of discrimination, abuse or violence, such as racism or ableism.
There is extensive regulation of workplaces already, is this duplication?
The National Higher Education Code to Prevent and Respond to Gender-based Violence strengthens Occupational Health and Safety laws and common law duty of care obligations and discrimination laws. It also extends these laws by including specific requirements to prevent and respond to gender-based violence. The National Code provides a roadmap for how to comply and strengthen action in the tertiary sector, specifically in relation to the prevention and response to gender-based violence.
The National Code also strengthens providers’ performance beyond the minimum requirements of TEQSA’s Threshold Standards.
Importantly, the National Code offers action and protection for students, as well as staff.
What is required for Table A and Table B providers by 1 January 2026? Do providers need to work on New Year's Day?
From 1 January 2026, Table A and B providers are required to be compliant with the National Code. This includes submitting the whole of organisation prevention and response plan and outcomes framework to the Department by January 1, 2026. The Department will advise the key National Code contact for each provider about specific submission details and timing related to public holidays in December 2025 and January 2026, to ensure compliance requirements are met in January 2026.
What guidance will be available and when?
The Department has hosted webinars designed to support implementation readiness by providing and overview of the National Code and the requirements and standards that higher education providers must meet. Webinar transcript, presentation slides and recording of the webinar are available on the National Code webpage.
Further webinars covering key National Code topics will be hosted throughout October and November 2025.
Additional guidance materials, including guidance and templates to support providers to prepare and submit their Whole of Organisation Prevention and Response Plans are also available on the National Code resource webpage. Other guidance material will be published progressively to the page.
The National Code itself is detailed and should be the primary source for understanding compliance requirements.
Will there be a required format for the Whole of Organisation Plan and Outcomes Framework?
Yes. Guidance and optional templates for the Whole-of-Organisation Gender-based Violence Prevention and Response Plan and Outcomes Framework are available in the resources page for the National Code.
Providers are required to submit the Endorsement template with the submission of their Whole of Organisation Plan.
When must a provider submit annual reporting data under Standards 6.13 and 6.14?
The National Higher Education Code to Prevent and Respond to Gender-based Violence requires providers to collect and report on the incidence of gender-based violence. These requirements are outlined in Standard 6 of the National Code.
Providers need to by 30 June each year, submit the gender-based violence incidence data required for the previous calendar year.
Annual Reporting to the Department of Education commences from:
- 30 June 2027 for Table A and B providers
- 30 June 2028 for other providers registered under the Tertiary Education Quality and Standards Agency Act 2011
When are providers required to begin collecting data on incidence of gender-based violence?
To comply with the National Higher Education Code to Prevent and Respond to Gender-based Violence, providers are required to begin collecting data on the incidence of gender-based violence:
- From 1 January 2026 for Table A and B providers
- From 1 January 2027 for other providers registered under the Tertiary Education Quality and Standards Agency Act 2011
This data is required to be collected under Standards 6.13 and 6.14 for each calendar year, and then reported to the Department of Education by the 30 June the following year.
How will sensitive and personal information provided to the Secretary be protected?
The Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025 includes several information gathering provisions that are necessary for the performance of the Secretary’s functions and exercise of the Secretary’s powers under the National Code.
While the National Code enables the collection of personal information in particular circumstances, this collection will occur rarely and only where it is necessary to ensure the accountability of higher education providers in preventing and responding to gender-based violence.
Any personal information collected will be protected and managed in line with the Department of Education’s Privacy Policy and requirements of the Privacy Act.
No personal information will be made publicly available by the Department or any other government agency.
Does the National Code apply to incidents that happen off campus?
Under the National Higher Education Code to Prevent and Respond to Gender-based Violence, providers must take proportionate and safe actions to support students or staff who experience gender-based violence, regardless of where it occurs. For example, a student who experiences violence off campus may receive academic support or safety measures from their university. In another example, if someone who is not a member of the university community reported that a senior staff member had used gender-based violence, the university would need consider any potential risk to staff or students and take action to mitigate this.
Providers must also address the factors that drive and contribute to gender-based violence across their communities to prevent violence from happening in the first place.
What is the difference between a discloser and a disclosure under the National Code?
The National Higher Education Code to Prevent and Respond to Gender-based Violence uses the terms discloser and disclosure.
- A discloser is someone who shares information about their experience of gender-based violence—often referred to as a victim-survivor.
- A disclosure is the act of providing that information to a provider, either by the discloser or another person.
The term respondent refers to someone alleged to have used gender-based violence.
Please see the National Code definitions sections for full definitions.
What is the difference between a disclosure and a formal report under the National Code?
The National Higher Education Code to Prevent and Respond to Gender-based Violence uses the terms discloser and formal report.
- A disclosure is information shared about an experience of gender-based violence. A disclosure may be formally or informally reported, made anonymously or shared with anyone – a colleague, supervisor, support staff member or peer.
- A formal report is a disclosure submitted through official reporting channels and may trigger investigations or disciplinary action.
Providers need to provide or facilitate access to support services to people who make either disclosures or formal reports.
For either a disclosure or a formal report, a provider will need to undertake a risk assessment based on the information available to them and this assessment may require them to intervene seriously.
Providers are required to investigate all formal reports involving students or staff. For disclosures, providers must seek and consider the discloser’s views before initiating an investigation.
A disclosure may become a formal report if the discloser decides to report the incident via formal channels.
If a disclosure progresses to a formal report it is a continuation of the support process - a discloser should not be required to retell their story, and any risk assessment or safety planning already undertaken will be relevant.
Please see the National Code definitions sections for full definitions.
Why does the National Code prohibit the use of non-disclosure agreements?
The National Higher Education Code to Prevent and Respond to Gender-based Violence prohibits the use of non-disclosure agreements and non-disparagement clauses, unless one is requested by the discloser. This is because these agreements are often used to suppress complaints of gender-based violence and can prevent perpetrators being held accountable for their harmful behaviour.
What are the timeframes for reports of gender-based violence to be resolved?
The National Higher-Education Code to Prevent and Respond to Gender-based Violence requires that formal reports of gender-based violence incidents be finalised with 45 business days, and for appeals to be finalised within 20 business days. This ensures that the Discloser receives an outcome, without undue delay.
How does the National Code support procedural fairness?
The National Code specifically includes a provision to provide procedural fairness to respondents, codifying this important principal, alongside other trauma-informed and person-centred requirements.
These safeguards are placed around the discloser and respondent, which enables fairness and transparency for all parties.
Will the National Code ensure person-centred and trauma informed responses?
The National Higher Education Code to Prevent and Respond to Gender-based Violence requires person-centred and trauma informed practice in responding to disclosures of gender-based violence. The National Code requires that the rights, agency and safety of people that share their experience of gender-based violence are at the centre of the provider’s response and that the people that they go to for help will have the skills to provide trauma informed support.
The National Code provides for support plans and access to support services for both the discloser and the respondent.
Do providers need to ask prospective staff about past allegations of gender-based violence?
Under Standard 2 of the National Higher Education Code to Prevent and Respond to Gender-based Violence, providers are required to ask prospective employees and governing body members to declare whether they’ve been investigated for or found to have engaged in gender-based violence. This requirement supports transparency and safety but does not automatically disqualify candidates. It allows providers to assess suitability in line with their policies and address any risks to ensure the safety of students and staff.
Can providers deliver gender-based violence training in-house?
Providers can deliver gender-based violence prevention and response training, in-house, if they have suitably experienced staff. For prevention training, staff must be skilled in trauma-informed, evidence-based approaches tailored to the provider’s context. For training on responding to disclosures, training development must involve or be approved by an accredited specialist or expert organisation.
Will the Department of Education specify required training or qualifications for staff?
The Department will not prescribe specific training or qualifications. Standard 3 of the National Higher Education Code to Prevent and Respond to Gender-based Violence outlines the expertise and experience required for staff involved in risk assessments and responding to formal reports.
What is meant by expertise in the National Code?
Under the National Higher Education Code to Prevent and Respond to Gender-based Violence, there are expertise and experience requirements for specific circumstances.
A provider must have expertise in student and staff safety and wellbeing on their governing body or in a sub-committee that has delegated responsibility for student and staff safety and wellbeing.
For staff responding to a formal report of gender-based violence, the required expertise and experience includes knowledge of gender-based violence, trauma-informed practices, competency in working with diverse cohorts and skills in procedural fairness, statement handling, and disclosure management.
For staff conducting risk assessments related to gender-based violence, the required expertise and experience includes expertise in gender-based violence risk assessment, competency in working with specific cohorts; and knowledge of evidence-based risk and protective factors, and types, patterns, and effects of gender-based violence.
Development of training on responding to disclosures must involve or be approved by an accredited specialist or expert organisation. Other requirements specific to the use of accredited specialists include that a provider must prioritise urgent access to services of an accredited specialist for disclosers or respondents when needed and/or requested as part of their tailored support plan.
What is an accredited specialist?
The National Higher Education Code to Prevent and Respond to Gender-based Violence requires accredited specialists undertake certain activities.
An accredited specialist is a psychologist, social worker, or counsellor who:
- Is registered with their professional body.
- Has formal training in supporting people affected by gender-based violence.
- Has training in working with specific cohorts, such as First Nations people, culturally and linguistically diverse communities, people with disabilities, and LGBTIQA+ individuals.
See Standard 3 and 4 and the Definitions section of the National Code for further details about accredited specialists.
Why does the National Code apply to student accommodation?
University is not just a place of learning—it’s also where many students live. Higher education providers have a duty of care under the National Code to ensure that any accommodation they own, operate or manage, otherwise control, or are affiliated with is safe for students.
What is affiliated student accommodation?
Affiliated student accommodation includes accommodation:
- Affiliated with a higher education provider through a statute or other legal arrangement.
- Operating on the higher education provider’s lands.
- That has a service agreement in place with a higher education provider.
- Using a higher education provider’s intellectual property – such as their branding.
- Promoted by the provider or listed on their website.
Under the requirements of Standard 7, affiliated student accommodation provider must prepare, implement and monitor a whole of organisation prevention and response plan.
Does the National Code require respondents in student accommodation to be relocated?
The National Code requires sufficient consideration be given to the safety of the discloser and all residents in accommodation when there has been a disclosure of gender-based violence.
If relocation of a respondent is needed to ensure safety, immediately or otherwise, the National Code enables providers to take steps to relocate a respondent and provide both parties with access to necessary support services.
Under the National Code, higher education providers are required to ensure procedural fairness for both the disclosers and respondents.
What information can the Secretary publish in relation to a higher education provider's compliance with the National Code?
The Secretary may publish information in relation to a higher education provider’s compliance with the National Code.
Before this information is disclosed to the public, the Secretary will be required to advise the provider in writing and the provider will be given the opportunity to respond.