FAQs - General

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.

The National Higher Education Code to Prevent and Respond to Gender-based Violence will only apply to a higher education provider's 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 overseas campuses however, if an Australian student or staff member is on placement overseas 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.

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.

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.

The National Code includes requirements for both staff and employees. Key requirements relate to:

• Prospective employee declarations of prior allegations of gender-based violence (Standard 2.1 and 7.1)
• Employee declarations of relevant intimate partner relationships (Standard 2.2 and 7.4)
• The inclusion of staff in whole of organisation plans and gender-based violence policies (Standard 1.4 and 2.4)
• Providing prevention and responding to disclosures education for staff (Standard 3.1 and 3.8)

The National Code also includes multiple requirements to respond to disclosures and formal reports of gender-based violence that involve students and staff (Standards 4 + 5).

Under the National Code, Staff has the same meaning as 'worker' under the Model Work Health and Safety Act. This definition is broad and includes any person who carries out work in any capacity for a person conducting a business or undertaking, including contractors or subcontractors, apprentices or trainees; student gaining work experience and volunteers. Providers are responsible for staying up to date with this definition if revised over time and considering its reasonable application in their context.

Employee is not defined in the National Code and providers need to determine how to reasonably apply the term ‘employee’ by referring to relevant legislation such as the definition under the Fair Work Act.

The GBV Regulator will use a reasonable, proportionate and risk-based based approach to assessing compliance with the National Code when considering how Higher Education Provider implement these requirements.  

The Regulator recognises that full implementation of requirements under the Code will take time. Providers should prioritise action in areas of highest risk, for example contractors who engage with students.  

What is important to the GBV Regulator is that:

• Taking into account their responsibility to ensure staff and student safety, providers consider and reasonably apply the relevant definitions in all instances where the National Code includes requirements of staff, employees or contractors.  
• Providers clearly record all decision-making regarding application of National Code requirements, ensuring reasons for decisions are clear and defensible. The GBV Regulator may require access to these records as part of its compliance monitoring activities.  

Table A and B providers:

• The GBV Regulator developed guidance and an optional template for Table A and B providers to use to develop their 2026-2029 Plans. Table A and B providers were also required to submit the endorsement template with the submission of their Plans.

All other higher education providers registered under the TEQSA Act:

• To support the development of an appropriate Plan, the GBV Regulator has published a mandatory template for non-university higher education providers (NUHEPs).
• The GBV Regulator is mandating the use of this template for NUHEPs to promote consistency and assist providers to address each of the requirements under Standards 1.4, 1.6 and 1.7. NUHEPs should also consider the detailed guidance on developing a Plan that was published in 2025.
• These resources, as well as optional worksheets that may be used by all providers, are available on the GBV Regulator’s resources page for the National Code.

Student accommodation that is directly owned, operated and/or managed by a higher education provider must be included as part of that higher education provider’s Plan, including consideration as part of the whole of organisation assessment to identify risks, barriers and enablers to preventing and responding to gender-based violence.  

Student accommodation providers that are affiliated with, or otherwise under the control of, a higher education provider, must prepare, implement and publish their own Plan. The relevant higher education provider is responsible for ensuring that the affiliated/controlled student accommodation provider has complied with the requirements for the Plan, including ongoing monitoring and measurement of impact

The resources developed by the GBV Regulator to support higher education providers to prepare a Plan may also be useful for controlled and affiliated student accommodation providers.

Many providers already have a GEAP in place under other regulatory or legislative frameworks. If the GEAP is current and meets the requirements of the National Code, it can be referenced in the provider’s Plan and provided to the GBV Regulator to demonstrate compliance with the National Code.

GEAPs required under other frameworks often cover gender equality considerations for staff only, while the National Code requires the GEAP to cover both students and staff. In these circumstances, our guidance makes clear that providers may choose to:

• Expand the existing GEAP to include actions for students and the broader provider community, or
• integrate student-focused gender equality actions into their broader Plan, whilst maintain a separate standalone GEAP for staff.

The National Code defines Whole-of-Organisation as: an approach applied across all areas of a provider’s operations, including any student accommodation which it directly owns, operates and/or manages, or the operations of a student accommodation provider or affiliated student accommodation provider as the context requires it, and at all levels that is evidence-informed, uses multiple strategies and is subject to ongoing monitoring and evaluation, including in respect to:

• leadership, culture and environment;
• structures, norms and practices;
• systems and infrastructure;
• service delivery, such as curriculum, teaching and learning;
• policies and procedures;
• management and governance;
• community engagement;
• business;
• research; and
• partnerships.

The National Code applies only to Table A and Table B providers under the Higher Education Support Act 2003 (Cth) from 1 January 2026, and to other providers registered under the Tertiary Education Quality and Standards Agency Act 2011 (Cth) (TEQSA Act) from 1 January 2027.

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.

In the case where an organisation includes a combination of Table A/Table B providers, and other providers registered under the TEQSA Act, the whole-of-organisation approach may include all these entities from the outset, or expand over time to ensure compliance by 1 January 2027.

Yes. To support the development of an appropriate Plan, the GBV Regulator is mandating the use of the mandatory template for NUHEPs when developing and submitting their 2027-2030 Plans.

The use of this template will promote consistency and assist providers to address each of the requirements under Standards 1.4, 1.6 and 1.7.

Providers can adjust the design and layout of their Plan when publishing on their website, including inserting graphics and other design materials, provided that all content remains the same.

In accordance with the requirements of Standard 1 of the National Code, each individual provider is required to prepare, implement and publish a Plan, and submit a copy to the GBV Regulator.

The GBV Regulator acknowledges that providers operate under different structures and will take a pragmatic approach to considering whether a provider meets the specific requirements for the Plan, with appropriate consideration of a ‘whole-of-organisation’ approach. For example, it may be appropriate for there to be alignment between related providers’ Plans, including replicating content where appropriate (such as information relating to approach, policies, processes and governance).

However, the GBV Regulator expects each Plan to clearly demonstrate how it has been tailored to address the specific needs and experiences of the provider’s community, and address the unique risks, barriers and enablers relevant to each provider’s context. While there may be some overlap across related providers, the GBV Regulator does not consider that a broad or ‘one size fits all’ approach to Plans will adequately address the requirements of the National Code, or deliver on its intended outcomes.

In a small number of scenarios, it may be appropriate for a single Plan to be developed to cover multiple providers, where both providers’ operations are clearly interconnected (for example, where one provider is a wholly-owned subsidiary of another, they share campuses, facilities, support services and/or are overseen by a single overarching governance structure). In these scenarios, the overarching Plan would need to clearly demonstrate consideration of all relevant students and staff across relevant providers. Providers who wish to pursue this option should contact the GBV Regulator who will consider arrangements on a case-by-case basis.

There are many resources available from reputable sources, including evidence, implementation and evaluation guides.

Evidence around gender-based violence, including ways to prevent and respond to it, is always evolving, and people with appropriate expertise should be able to identify, assess, adapt and implement quality evidence to match a provider’s unique contexts.

The Higher Education Gender-based Violence Regulator will be looking to the gender-based violence sector for leadership in what works – including education, training, and how to evaluate activities using evidence-informed approaches.

Resistance can be a common factor when addressing gender-based violence, and understanding and anticipating this resistance is important for effective education.

It is important for providers to have facilitators skilled in responding to this resistance, to ensure they are preparing for and appropriately working with resistance in a way that advances the learning outcomes identified in Standard 3.1.

There are multiple ways of reaching different audiences. Some providers are already doing work focussing on positive masculinity alongside work with shifting structures and cultures.

Some training, education and messaging may be appropriate for large numbers of people, while other training will require tailoring to specific groups – providers will need to consider what works best for their staff in different contexts.

The GBV Regulator 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.

Under the National Code, 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.

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.

Under the National Code, 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.

Standard 4.4 requires providers to undertake a risk assessment in response to every disclosure or formal report of gender-based violence, and to manage and monitor any identified risks on an ongoing basis.

The purpose of risk assessment under the National Code is to manage risk and protect the safety of students, staff and others in the higher education community; and to inform proportionate, timely and effective responses.

Given the broad spectrum and types of gender-based violence that might be disclosed or reported to a higher education provider, a single risk assessment tool is unlikely to meet the diverse needs of students and staff who experience gender-based violence.

The GBV Regulator is not planning to develop a risk assessment tool. Providers should use evidence-based risk assessment tools or frameworks for relevant forms of gender-based violence, aligned with state, territory and national frameworks for best-practice risk assessment, monitoring and management.

Providers should select the most appropriate tool to conduct risk assessment considering:

• the form or type of gender-based violence being experienced (e.g.: workplace sexual harassment, sexual assault, family or domestic violence etc)
• what risk is being assessed - risk of violence happening again, escalation, or serious harm
• if the risk being assessed is risk to the individual, or to broader staff and students.

Risk assessment is part of a continuum of support, and needs to be updated on an ongoing basis, as Standard 5 requires.

Risk assessment is complex work that needs to be supported and overseen by staff with relevant expertise, as outlined in Standard 3 of the National Code.

A key component of managing investigations is the correct application of the civil burden of proof within internal processes.

Within the higher education sector, internal investigations into gender-based violence are not criminal proceedings. They are administrative or employment-based processes undertaken to determine whether institutional policies, codes of conduct, or behavioural standards have been breached.

The standard of proof in civil proceedings, also known as the balance of probabilities, requires decision makers to determine whether, based on the evidence, it is more likely than not that the alleged conduct occurred. This is distinct from the criminal standard of proof, which requires that allegations be proven beyond reasonable doubt.

Standard 5.12 of the National Code makes clear that providers must not require a discloser or respondent to provide physical evidence relating to an alleged incident of gender-based violence.

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.

To comply with Standard 5 of the National Code, providers need to design procedures that:

• allow Formal Reports to be finalised within 45 business days, including finalisation of a disciplinary process; and
• allow appeals to be finalised within 20 business days.

Provider procedures and processes need to be set up to meet these timelines, but the National Code allows for discretion to be exercised as needed on a case-by-case basis, recognising that unintended delays can occur and sometimes these are in service of taking a genuine trauma informed and person-centred approach. Provider systems should be set up so that in most cases, these timelines can be met, and extensions should be the exception.

A provider must only permit extensions where required in a particular context and the Higher Education Principal Executive Officer must be satisfied extensions are only being permitted where required.

Where the timelines are exceeded, providers should keep detailed records of rationale and approvals to ensure this is justified. This documentation may be requested by the Higher Education Gender-based Violence Regulator, particularly where patterns of extensions are noted.

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.

Evidence shows that individuals subject to allegations of gender-based violence often leave their roles before investigations are completed and may move on to other organisations without any record of the concern being addressed. This ‘institution hopping’ poses a risk to the safety of staff and students across the sector.

Under Standard 2 of the National Code, 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.

By requesting a declaration, providers can make informed decisions about whether a candidate is suitable. This information is an important flag for risk assessment and vigilance in complementary recruitment processes, like reference checks and criminal history checks.

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.

The National Code does not prescribe what decisions should be made following a declaration.

The requirement in Standard 2.1 around declaring prior allegations of gender-based violence is specific to prospective employees and members of the governing body. 

Providers need to determine how to reasonably apply the term ‘employee’ by referring to relevant legislation such as the definition under the Fair Work Act.

Student movement between providers can occur where a student who has been alleged to have used, is being investigated for, or has been found to have used gender-based violence leaves one higher education provider and enrols, or seeks to enrol, at another. This movement may occur before, during or after a provider’s complaints, investigation or disciplinary process, and can create risks where accountability measures, safety planning, sanctions or relevant information do not follow the student across institutional boundaries.

The GBV Regulator recognises the risks associated with student movement, particularly where it may create ongoing safety concerns for students and campus communities. The National Code requires providers to maintain safe environments, identify and respond to risks of gender-based violence, and implement whole-of-organisation policies and processes that apply to current students.

Providers should consider how they will identify, assess, and manage any known or emerging risks within the scope of their obligations under the National Code. Information sharing between providers for the purpose of managing risks associated with student movement is a matter for providers to determine, taking into account their legal obligations and the individual circumstances of the case.

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.

The National Code applies to student accommodation that a higher education provider directly manages, owns and operates, otherwise controls or is affiliated with. The definitions section of the National Code defines what is meant by ‘affiliated student accommodation’.

If a Purpose Built Student Accommodation (PBSA) is controlled by or affiliated with a provider, they will need to comply with the requirements of the National Code.

Student accommodation that is controlled by, or affiliated with, a higher education provider must comply with Standards 7.2 to 7.8 of the National Code. These requirements include:

• Developing and publishing a Whole of Organisation Gender-based Violence Prevention and Response Plan.
• Implementing policies on preventing and responding to gender-based violence.
• Building knowledge and capability through training and prevention initiatives.
• Ensuring person-centred, trauma-informed practices in supporting those who experience gender-based violence.
• Sharing data on gender-based violence with the higher education provider to support annual reporting under Standard 6 of the National Code.

Under Standard 7.9, higher education providers must have a legally binding written agreement with any student accommodation provider they control or are affiliated with to require compliance with these requirements.

For student accommodation that is directly owned, operated or managed by a higher education provider, the higher education provider will be required to ensure the accommodation meets the requirements of the National Code or they could be subject to compliance actions.

If a student accommodation provider under the control of, or affiliated with a higher education provider, refuses to meet the relevant requirements of the National Code, they may lose the benefits of their affiliation. This may include promotion, use of the higher education’s intellectual property, referral and reserving or allocating spaces in that student accommodation providers facilities.

Higher education providers will also be required to provide the name of the student accommodation provider to the Secretary of the Department of Education, who may choose to publish this information.

Expertise is essential to ensure risk assessments and investigations are trauma-informed, fair, and focused on safety.

When someone discloses an experience of gender-based violence, they are often in a vulnerable position. The way risk is assessed, and investigations are handled, can have a huge impact on their safety, wellbeing, and trust in the process.

Having the required expertise to undertake these processes means they are more likely to be balanced, respectful, and procedurally fair, which is a requirement under the National Code.

If student accommodation providers do not have the necessary expertise in-house, arrangements should be made to ensure access to the right expertise.

It is paramount that residents and staff know that if something happens, the provider has access to the right expertise to respond appropriately. That builds trust in the system and reinforces the message that gender-based violence is taken seriously.

Under the National Code, student accommodation providers that are directly owned, operated or managed by a higher education provider, must ask all current and prospective staff to declare:

• whether they have been investigated for an allegation of gender-based Violence, or determined to have engaged in conduct that constitutes gender-based violence (Standard 7.1 (a))
• any existing or previous intimate personal relationship with a Resident of the Provider (Standard 7.1(d)).

Additionally, higher education providers must have arrangements in place that require any student accommodation provider that is otherwise under their control or any affiliated student accommodation providers to ask their staff to declare:  

• whether they have been investigated for an allegation of gender-based violence, or determined to have engaged in conduct that constitutes gender-based violence (Standard 7.4 (a, i))
• any existing or previous intimate personal relationship with a Resident of the Provider (Standard 7.4 (a, iv)).

As outlined in Standard 7.1 and 7.4, if a declaration is made, the student accommodation provider is required to take action to minimise risk and manage conflict of interest.

Standard 7 places higher and more specific requirements on student accommodation providers because these settings present an increased risk for gender-based violence. Unlike Standard 2, Standard 7 also applies to current employees working within accommodation environments. Student accommodation is recognised as a high-risk setting, and both higher education providers and accommodation providers have a duty of care to ensure these living environments are safe. The strengthened requirements in Standard 7 are designed to ensure appropriate safety measures are in place to prevent and respond to gender-based violence, and to uphold the wellbeing of all residents.

Under the National Code, ‘staff’ has the same meaning as 'worker' under the Model Work Health and Safety Act. The requirements of Standard 7.1 apply to current staff and extend to student residential leaders, where they align with the definition of ‘staff’ under the National Code.

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.