Non-University Higher Education Providers (NUHEPs) - National Code Commencement

From 1 January 2027, all NUHEPs registered under the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act) will be required to comply with the National Higher Education Code to Prevent and Respond to Gender-based Violence (National Code).

Who does the National Code apply to?

Provider typeDo I need to comply?Commencement
NUHEPs registered with TEQSAYes1 January 2027
Dual-sector providers registered with TEQSA as higher education providersYes1 January 2027
TAFEs registered with TEQSA as higher education providersYes1 January 2027
Providers delivering only VET courses regulated by ASQANoNot applicable

What providers need to do

Whole-of-Organisation Prevention and Response Plans

A key requirement of the National Code is the development and implementation of a Whole-of-Organisation Gender-based Violence Prevention and Response Plan and Outcomes Framework.

The Higher Education Gender-based Violence Regulator (GBV Regulator) has published a mandatory Plan template for NUHEPs, which providers must use to meet the requirements of Standards 1.4, 1.6 and 1.7 of the National Code. The template provides a structured format for providers to document their Whole-of-Organisation Gender-based Violence Prevention and Response Plan and Outcomes Framework, ensuring all required elements are addressed in a clear and consistent way.  

Plan requirements

RequirementDetails
TemplateProviders must use the mandatory NUHEP Plan template
Submission date29 January 2027 to the National Code Web Portal
PublicationPlans must be published on the provider's website.
ScopeMust address students and staff and reflect a whole-of-organisation approach.
DevelopmentShould be informed by engagement with the provider community and consideration of risks, barriers and enablers.

National Code Web Portal (the Portal)

To facilitate the submission of information to the GBV Regulator, including Plans, reports, data and other information on request, the Portal has been developed. Nominated higher education provider staff will be able register with the Portal and use it to securely upload information as required.

We will be implementing a phased onboarding approach for the portal. Over the coming months, nominated contacts will receive an email invitation with a link to register for portal access. We anticipate that all NUHEPs will be onboarded by December 2026, to facilitate submission of Plans in January 2027. For more information on the portal, including a detailed User Guide, please see the Portal Webpage.  

Do all providers need to submit a Plan?

The GBV Regulator has established a Plan Submission Threshold to recognise that some newly established providers may not yet have sufficient operational activity to develop a meaningful Plan.

Plan Submission Threshold

A provider is required to develop and submit a Plan where it has at least one student or ten or more staff members.

ThresholdRequirement
1 or more studentsPlan required
10 or more staff membersPlan required
Does not meet either thresholdDeclaration may be submitted instead of a Plan

Providers that do not meet this threshold are not required to submit a Plan immediately. Instead, they may be eligible to submit a declaration confirming their understanding of National Code obligations. A Plan must then be developed and submitted once the provider meets the threshold or has been registered with TEQSA for two years, whichever occurs first.

If you think this exception may apply to you, contact the GBV Regulator at GBVRegulator@education.gov.au

Providers registering after 1 January 2027

Providers registered under the TEQSA Act after 1 January 2027 are required to comply with the National Code from the date of registration. Where the Plan Submission Threshold is met, a Plan must be developed and submitted within six months of registration. 

Provider circumstanceRequirement
Registered after 1 January 2027 and meets thresholdSubmit a Plan within six months of registration
Registered after 1 January 2027 and does not meet thresholdMay submit a declaration until threshold requirements are met

Resources available

The GBV Regulator has released a range of resources to support implementation:  

NUHEP specific resources

Other resources for NUHEPs and HEPs

Providers are encouraged to commence planning early to allow sufficient time for consultation, governance processes and development of their Whole-of-Organisation Prevention and Response Plan ahead of commencement on 1 January 2027.

Key dates 

DateMilestone
1 January 2027National Code commences for NUHEPs
29 January 2027Plans due for submission and publication
Within six months of registrationPlan due for providers registered after 1 January 2027 (where the threshold is met)