The Higher Education Gender-based Violence Regulator holds higher education providers accountable for compliance with the National Higher Education Code to Prevent and Respond to Gender-based Violence (National Code).
The National Code sets 7 clear and legally enforceable standards to ensure all higher education providers take consistent, evidence-based action to prevent and respond to gender-based violence and drive enduring change for their broader higher education communities.
The Higher Education Gender-based Violence Regulator (GBV Regulator) will focus on the actions taken by higher education providers to comply with the National Code to drive the systemic and cultural change required to end gender-based violence. We work to ensure higher education providers create safe environments for all students and staff, and that, where gender-based violence does occur, effective systems are in place so that students and staff feel safe and supported.
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The role of the GBV Regulator
Our role is to ensure higher education providers take proactive, trauma-informed, and person-centred steps to prevent gender-based violence and respond effectively when it occurs.
We will work with higher education providers to drive systemic reform. Through education, engagement, and enforcement, we will hold higher education providers accountable and support continuous improvement across the sector.
The GBV Regulator is successful if:
- Higher education providers prevent, reduce and eliminate gender-based violence.
- Victim-survivors are believed and supported through higher education providers' responses to gender-based violence that are consistently trauma-informed and person-centred.
- The higher education sector plays a leading role in eliminating gender-based violence in a generation.
We are dedicated to fostering long-term sustainable cultural change within the higher education sector and is committed to ensuring higher education providers create safe and supportive environments for working, living, and learning.
To achieve this, we prioritise:
- Education and engagement: actively working with stakeholders to enhance understanding and collaboration.
- Accountability: upholding the standards of the National Code through high-quality compliance and enforcement measures.
- Continuous improvement: encouraging ongoing development and innovation within organisations.
How the GBV Regulator operates
We operate within a legislative and regulatory framework designed to prevent and respond to gender-based violence within the Australian higher education sector.
The Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025 (Cth) (the Act) is our primary legislation. It gives the Secretary of the Department of Education powers to monitor compliance and take action when providers do not meet their obligations.
The National Code sets mandatory requirements for higher education providers to prevent and respond to gender-based violence across their organisation.
Compliance with the National Code is a condition of funding under the Higher Education Support Act 2003 (Cth) (HESA). Non-compliance can affect a provider’s approval under HESA—for example, the Minister for Education may suspend or revoke approval under Division 22 of HESA.
Together, these laws give us the tools to promote, monitor, and enforce compliance with the National Code.
Our range of powers under the Act to support compliance and accountability include:
Education and Guidance
We design and deliver targeted activities and resources to help build capability across the sector and encourage voluntary compliance.
Information Gathering
We can set information requirements and issue notices requiring providers or connected persons to supply documents within set timeframes.
Information Sharing
We share relevant information with co-regulators and oversight bodies to strengthen collaboration.
Monitoring and Investigation
We have powers to monitor and investigate compliance, including entry, inspection, and collecting evidence.
Compliance Powers
We can issue formal notices requiring providers to take corrective action within specified timeframes.
Enforcement Powers
We can apply civil penalties, issue infringement notices, accept enforceable undertakings, and seek injunctions through the courts.
Transparency and Reporting
We publish compliance outcomes and sector-wide data to promote accountability and report annually to Parliament on compliance activities.
The GBV Regulator adheres to 2 statutory principles:
- Regulatory Necessity: Powers should impose no greater burden on providers than reasonably required. In practice, this means:
- Avoiding duplicate information requests
- Seeking clarification only when necessary
- Requesting information solely when there is a clear purpose, such as verifying compliance with the Act or the National Code
- Proportionate Regulation: Regulatory actions must correspond to the level of non-compliance or risk. This involves assessing:
- The seriousness of the issue
- Actual or potential harm to students and staff
- Likelihood of recurrence
- The provider’s capacity and commitment to resolve the matter
In exercising these powers, we abide by 6 key principles:
Proportionate and risk-based
Regulatory action is proportionate, risk-based, and focused on areas of greatest harm, considering severity, likelihood, and compliance history.
Evidence and Outcomes Driven
Regulatory decisions are data-driven and informed by intelligence and expertise to achieve measurable improvements in student and staff safety.
Transparent and accountable
Expectations and decision-making principles are clearly communicated, with transparency on regulatory decisions.
Continuous Improvement
Regulatory posture supports capability-building and sector-wide maturity, driving continuous improvement and best practice.
Collaborative
The GBV Regulator works with partner regulators to drive compliance with the National Code.
Coherence and Alignment
Regulatory activities align with government policy and legislative frameworks to ensure consistency and reduce duplication.
National Student Ombudsman (NSO)
The National Student Ombudsman (NSO) is a statutory function of the Commonwealth Ombudsman and was established as part of the Action Plan for Addressing Gender-Based Violence in Higher Education.
The NSO is a complaint service for students for a range of issues, including where universities have not followed their gender-based violence prevention and response plans.
The NSO can help if students have complaints about the way their higher education provider has responded to their complaint, or if they feel unsafe or unable to raise a complaint directly with their provider.
The NSO:
- is a free, confidential and independent service
- accepts anonymous complaints and intelligence
- can provide advice to students, especially if a student is unsure whether they want to make a complaint.
Under the National Code, recommendations made by the NSO to providers about their response to gender-based violence are legally binding.
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.