Higher education staff have the right to work and teach in an environment that is safe, respectful, and free from gender-based violence. Under the National Higher Education Code to Prevent and Respond to Gender-based Violence (National Code), higher education providers are accountable for creating and maintaining these conditions, and as staff you should expect clear policies, timely responses, and meaningful action.
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Higher education staff have a right to a safe and respectful work environment, and also play an important role in supporting efforts to prevent gender-based violence. Whether academic or professional, staff play an integral part in the whole-of-organisation commitment that will make gender-based violence prevention and response efforts possible and meaningful for the entire higher education community.
The National Code
Gender-based violence is a serious and systemic issue across higher education, impacting both students and staff in learning, working, and living environments. Recognising this, and the opportunity higher education providers have to drive change, the National Code was enacted and came into effect 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 National Code 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.
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.
The National Code applies to students and staff, and it requires providers to take proportionate and safe action to prevent and respond to gender-based violence wherever it occurs.
For a full list of the standards and requirements, read more about the National Code.
What is Gender-based violence?
Gender-based violence (GBV) means any form of physical or non-physical violence, harassment, abuse or threats, based on gender, that results in, or is likely to result in, harm, coercion, control, fear or deprivation of liberty or autonomy.
Gender-based violence can significantly impact mental health, wellbeing, and educational outcomes for victim-survivors.
The Higher Education Gender-based Violence Regulator (GBV Regulator) will work with higher education providers to drive systemic reform by focusing on the prevention and response actions taken by them to comply with the National Code and drive the systemic and cultural change required to end gender-based violence.
Through education, engagement, and enforcement, we will hold higher education providers accountable and support continuous improvement across the sector.
What the National Code means for staff
The National Code’s purpose is to create learning and working environments that are safe, respectful, and free from gender-based violence, supported by clear policies, timely responses, and trauma-informed practices.
As workplaces and education institutions, higher education providers already have multiple legislative obligations to keep students and staff safe. The National Code builds on these requirements. It strengthens Occupational Health and Safety laws and common law duty of care obligations and discrimination laws, by including specific requirements to prevent and respond to gender-based violence.
Key requirements higher education providers need to meet related to staff include:
Supporting staff who experience gender-based violence
- Providers need to provide multiple options for staff to make disclosures and/or formal reports, and clear processes for how responses are managed.
- No matter where gender-based violence occurs, providers are required to facilitate access to person-centred trauma-informed support for staff who disclose an experience of gender-based violence.
- Safety plans, risk assessments, work adjustments, transparent communication, timely processes and facilitating access to services are some of the ways providers are required to deliver response services.
Clear processes for investigations, and disciplinary actions
- Providers need to ensure transparent processes for disclosures, investigations, and disciplinary actions.
- The National Code prohibits the use of non-disclosure agreements, unless requested by the discloser.
- The National Code specifically codifies the right to procedural fairness by requiring providers to embed impartiality and fairness into policies, procedures and practices and affording to both the discloser and respondent the opportunity to be heard and supported throughout a transparent and consistent process.
Ensuring staff are protected from gender-based violence
- Providers have a responsibility to ensure that staff are protected from gender-based violence and related harms in the workplace.
- This commitment goes beyond compliance with the National Code and is reinforced by broader health and safety obligations and the workplace protections under the Fair Work Act 2009.
- Providers need to also work proactively to prevent workplace gender-based violence from occurring, rather than reacting after an incident has happened. This aligns with existing “positive duty” introduced as a legal obligation as part of the Sex Discrimination Act 1984 (Cth).
Strengthening recruitment practices and setting clear expectations
- The National Code requires providers to strengthen recruitment practices, set clear expectations and manage risks in intimate relationships between staff and between staff and students.
- Under the National Code, providers must ask prospective employees to declare any prior investigations for gender-based violence allegations or determinations of gender-based violence conduct as part of the recruitment process, or when appointing members to a governing board.
- Under the National Code, providers must also require employees to declare any existing or previous intimate personal relationship they have with another employee or a student, where there is a supervisory, oversight, or decision-making responsibilities over the other.
Under the National Code, providers are also accountable for:
- Implementing whole-of-organisation prevention and response plans that prioritise staff safety and wellbeing as well as students
- Making available policies that clearly state gender-based violence is unacceptable, outlining reporting pathways, and ensuring access to support services
- Engaging with staff in the development of prevention plans, policies and training
- Rolling out training and education for staff on prevention and trauma-informed responses to disclosures
- Regularly collecting and reporting on incidence of gender-based violence
- Monitoring and evaluating work to prevent and respond to gender-based violence to improve systems and ensure accountability.
Does the National Code apply to all staff?
Staff is defined in the National Code as ‘workers’ in the Work Health and Safety Act 2011 (WHS Act). Staff are any people who work, in any capacity, in or as part of a business or undertaking.
The definition of Staff in the National Code includes:
- employees
- independent contractors or subcontractors (or their employee)
- students undertaking paid or voluntary work, such as a research assistant, residential assistant or sessional tutor
- visiting fellows
- students gaining work experience
- volunteers.
Staff’s role in preventing and responding to gender-based violence
The National Code underscores the importance of whole-of-organisation approaches for effectively preventing and responding to gender-based violence. Preventing and responding to gender-based violence is not the responsibility of any one department or person – it requires everyone’s insights, commitment and ongoing efforts. All staff have a role to play in creating cultures of safety and support and addressing the underlying driver of gender-based violence.
As a staff member, you have the opportunity to:
- Model respectful behaviours and follow gender-based violence policies.
- Apply insights and skills gained from mandatory training.
- Support prevention efforts by critically reflecting on shifting norms, sharing key messages and fostering a culture of safety.
- Support disclosure by responding in a trauma-informed manner when someone shares that they have experience gender-based violence. Your employer is required to provide information and training on how this can be done.
Help and support for staff
If you, or someone you know, have experienced gender-based violence and have concerns about the way your higher education provider handled the disclosure, formal report, or the support services provided, you should contact your provider in the first instance.
Providers must have a formal complaints policy and procedure in place to provide staff 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 internal avenues have been exhausted or you are still unsatisfied by your provider’s response, you can contact the following external agencies:
- The national workplace relations tribunal and registered organisations regulator.
- Australian Human Rights Commission (AHRC): The AHRC promotes and protects human rights for all people in Australia and help to resolve complaints about discrimination.
- State or Territory Anti-Discrimination Body/Equal Opportunity Commission: Each state and territory has its own anti-discrimination body (e.g., the Victorian Equal Opportunity and Human Rights Commission) that can investigate complaints of gender-based violence.
- Fair Work Ombudsman (FWO): The role of the FWO is to promote harmonious, productive, cooperative and compliant workplace relations. The FWO also monitors, inquiries into, investigates, and enforces compliance with Australia’s workplace laws.
- Work Health and Safety (WHS) Regulator: Your state or territory WHS regulator (e.g., WorkSafe Victoria) can support if you believe your provider is not meeting its obligation to provide a safe workplace free of gender-based violence.
- Police: If the behaviour involves criminal conduct, you should contact the police immediately by calling 000 in an emergency or your local police station for non-emergencies.
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.