{"id":"C2025A00034","name":"Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025","slug":"universities-accord-national-higher-education-code-to-prevent-and-respond-to-gender-based-violence-a","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"34 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436438,"registerId":"C2025A00034-fast-fetch-1775953640567","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nUniversities Accord (National Higher Education Code to Prevent and Respond to Gender‑based Violence) Act 2025\n\nNo. 34, 2025\n\n \n\n \n\n \n\n \n\n \n\nAn Act to provide for a national higher education code to prevent and respond to gender‑based violence, and for related purposes\n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\nDivision 1—Preliminary\n\n1 Short title\n\n2 Commencement\n\n3 Objects of this Act\n\n4 Simplified outline of this Act\n\nDivision 2—Definitions\n\n5 Definitions\n\nDivision 3—General application of this Act\n\n6 Crown to be bound\n\n7 Extension to external Territories\n\n8 Concurrent operation of State and Territory laws\n\nPart 2—Basic principles for regulation\n\nDivision 1—Simplified outline of this Part\n\n9 Simplified outline of this Part\n\nDivision 2—Basic principles for regulation\n\n10 Basic principles for regulation\n\n11 Principle of regulatory necessity\n\n12 Principle of proportionate regulation\n\n13 Application to authorised officers\n\nPart 3—The national code\n\nDivision 1—Simplified outline of this Part\n\n14 Simplified outline of this Part\n\nDivision 2—The national code\n\n15 The national code\n\n16 Purpose of the national code\n\n17 Contents of the national code\n\n18 Notification of the national code\n\nPart 4—Obligations of higher education providers\n\nDivision 1—Simplified outline of this Part\n\n19 Simplified outline of this Part\n\nDivision 2—Obligations of higher education providers\n\n20 Provider must comply with the national code\n\n21 Keeping records\n\n22 Giving information to the Secretary\n\n23 Notifying Secretary of changes to information or other events\n\n24 Provider must not give false or misleading information\n\nPart 5—Powers and officials\n\nDivision 1—Simplified outline of this Part\n\n25 Simplified outline of this Part\n\nDivision 2—Providing education, guidance and advice\n\n26 Secretary may provide education, guidance and advice\n\nDivision 3—Requiring information\n\n27 Secretary may require certain persons to give information etc.\n\n28 Secretary may retain documents and things\n\n29 Returning documents or things produced\n\n30 Disposal if documents or things cannot be returned\n\n31 Self‑incrimination\n\nDivision 4—Compliance notices\n\n32 Compliance notices\n\nDivision 5—Authorised officers\n\n33 Authorised officers\n\nPart 6—Compliance and enforcement\n\nDivision 1—Simplified outline of this Part\n\n34 Simplified outline of this Part\n\nDivision 2—Regulatory powers\n\n35 Monitoring powers\n\n36 Investigation powers\n\n37 Civil penalty provisions\n\n38 Infringement notices\n\n39 Enforceable undertakings\n\n40 Injunctions\n\nPart 7—Management of information\n\nDivision 1—Simplified outline of this Part\n\n41 Simplified outline of this Part\n\nDivision 2—Management of information\n\n42 Authorised disclosure and use of protected information\n\n43 Disclosing information to the public—general\n\n44 Disclosing information to the public—information specified in the national code\n\nPart 8—Miscellaneous\n\nDivision 1—Simplified outline of this Part\n\n45 Simplified outline of this Part\n\nDivision 2—Delayed application of certain provisions\n\n46 Delayed application of certain provisions\n\nDivision 3—Miscellaneous\n\n47 Annual report\n\n48 Delegation by Secretary\n\n49 Compensation for acquisition of property\n\n50 Rules\n\n \n\n![Commonwealth Coat of Arms of Australia](image.002.png)\n\n \n\n \n\nUniversities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025\n\nNo. 34, 2025\n\n \n\n \n\n \n\nAn Act to provide for a national higher education code to prevent and respond to gender‑based violence, and for related purposes\n\n[Assented to 28 August 2025]\n\nThe Parliament of Australia enacts:\n\nPart 1—Preliminary\n\nDivision 1—Preliminary\n\n1  Short title\n\n  This Act is the Universities Accord (National Higher Education Code to Prevent and Respond to Gender‑based Violence) Act 2025.\n\n2  Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this Act The day after this Act receives the Royal Assent. 29 August 2025\n\n\nNote: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n3  Objects of this Act\n\n  The objects of this Act are:\n\n (a) to reduce the incidence of gender‑based violence in higher education; and\n\n (b) to establish national standards and requirements for higher education providers to prevent and respond to gender‑based violence; and\n\n (c) to establish a regulatory framework to monitor and enforce compliance with the national standards and requirements.\n\n4  Simplified outline of this Act\n\nThis Act provides for a national code, the National Higher Education Code to Prevent and Respond to Gender‑based Violence.\n\nThe national code applies to higher education providers, and can impose various requirements on them in relation to gender‑based violence. The national code is a legislative instrument made by the Minister.\n\nThe purpose of the national code, and the kinds of requirements that the national code can impose on higher education providers, are set out in Part 3.\n\nA higher education provider that fails to comply with the national code may be liable to a civil penalty. This Act also includes other compliance and enforcement powers, including compliance notices and powers under the Regulatory Powers Act.\n\nThe Secretary and authorised officers must comply with the basic principles for regulation set out in Part 2 when exercising compliance and enforcement powers, and any other powers under this Act or legislative instruments made under this Act (including the national code).\n\nThe Secretary may use, disclose and publish certain information collected under this Act, including information about compliance and enforcement activities carried out in relation to higher education providers.\n\nThere is a delayed application for the civil penalty provisions, compliance notices and certain other compliance and enforcement powers in this Act. These begin to apply to different kinds of higher education providers on 1 January 2026 or 1 January 2027 (see section 46).\n\nDivision 2—Definitions\n\n5  Definitions\n\n  In this Act:\n\nAustralia, when used in a geographical sense, includes the external Territories.\n\nauthorised officer means a person appointed as an authorised officer under section 33.\n\ncivil penalty provision has the same meaning as in the Regulatory Powers Act.\n\nCommonwealth body includes a Department of State and an authority or agency of the Commonwealth.\n\nconstitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\nevidential material has the same meaning as in the Regulatory Powers Act.\n\ngender‑based violence 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.\n\nhigher education provider means a registered higher education provider (within the meaning of the TEQSA Act) that is:\n\n (a) a constitutional corporation; or\n\n (b) a body corporate that is established by or under a law of the Commonwealth or a Territory.\n\nnational code means the National Higher Education Code to Prevent and Respond to Gender‑based Violence in force under Part 3.\n\nNational Student Ombudsman means the National Student Ombudsman established by section 21AB of the Ombudsman Act 1976.\n\npremises includes the following:\n\n (a) a structure, building, vehicle, vessel or aircraft;\n\n (b) a place (whether or not enclosed or built on);\n\n (c) a part of a thing referred to in paragraph (a) or (b).\n\nprotected information has the meaning given by subsection 42(5).\n\nRegulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\nrules means rules made by the Minister under section 50.\n\nSecretary means the Secretary of the Department.\n\nState or Territory body includes a Department of State and an authority or agency of the State or Territory.\n\nTEQSA (short for Tertiary Education Quality and Standards Agency) has the same meaning as in the TEQSA Act.\n\nTEQSA Act means the Tertiary Education Quality and Standards Agency Act 2011.\n\nDivision 3—General application of this Act\n\n6  Crown to be bound\n\n  This Act binds the Crown in each of its capacities.\n\n7  Extension to external Territories\n\n  This Act extends to the external Territories.\n\n8  Concurrent operation of State and Territory laws\n\n  This Act is not intended to exclude or limit the operation of a law of a State or Territory to the extent that that law is capable of operating concurrently with this Act.\n\nPart 2—Basic principles for regulation\n\nDivision 1—Simplified outline of this Part\n\n9  Simplified outline of this Part\n\nThis Part sets out basic principles that the Secretary and authorised officers must comply with when exercising powers under this Act.\n\nDivision 2—Basic principles for regulation\n\n10  Basic principles for regulation\n\n  The Secretary must comply with the following principles when exercising a power under this Act in relation to a higher education provider:\n\n (a) the principle of regulatory necessity;\n\n (b) the principle of proportionate regulation.\n\n11  Principle of regulatory necessity\n\n  The Secretary complies with the principle of regulatory necessity if the Secretary’s exercise of the power does not burden the higher education provider any more than is reasonably necessary.\n\n12  Principle of proportionate regulation\n\n  The Secretary complies with the principle of proportionate regulation if the Secretary’s exercise of the power is in proportion to:\n\n (a) any non‑compliance; or\n\n (b) any risk of future non‑compliance;\n\nby the higher education provider with this Act and legislative instruments made under this Act.\n\n13  Application to authorised officers\n\n  This Part applies to an authorised officer in a corresponding way to the way it applies to the Secretary.\n\nPart 3—The national code\n\nDivision 1—Simplified outline of this Part\n\n14  Simplified outline of this Part\n\nThis Part provides for the Minister to make the National Higher Education Code to Prevent and Respond to Gender‑based Violence, by legislative instrument.\n\nThe purpose of the national code is to provide national standards for higher education providers in connection with preventing and responding to gender‑based violence, and the national code may impose requirements on higher education providers in connection with that purpose.\n\nDivision 2—The national code\n\n15  The national code\n\n  The Minister may, by legislative instrument, make a national code, to be known as the National Higher Education Code to Prevent and Respond to Gender‑based Violence.\n\nNote: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n16  Purpose of the national code\n\n (1) The purpose of the national code is to provide national standards for higher education providers in connection with preventing and responding to gender‑based violence, so that:\n\n (a) study, work, social and living environments are safe, respectful and inclusive for staff and students; and\n\n (b) providers work to prevent, reduce and eliminate gender‑based violence to the greatest extent possible; and\n\n (c) providers effectively respond to gender‑based violence in a way that prioritises and protects safety, health and wellbeing; and\n\n (d) providers address the factors that drive and contribute to gender‑based violence; and\n\n (e) providers have effective governance arrangements in place to prevent and respond to gender‑based violence across all of their operations and at all levels of their organisations.\n\n (2) Without limiting subsection (1), the national standards that the national code may provide include standards relating to:\n\n (a) gender‑based violence involving students or staff of a provider or people receiving services from a provider, whether or not other people are also involved; and\n\n (b) gender‑based violence that occurs on premises owned or controlled by a provider, or in any other place.\n\n17  Contents of the national code\n\n (1) The national code may impose requirements on higher education providers in connection with the purpose of the national code.\n\nNote: A higher education provider that fails to comply with a requirement may be liable to a civil penalty (see section 20).\n\n (2) Without limiting subsection (1), the national code may do any of the following:\n\n (a) require providers to have particular governance arrangements in place for the purposes of preventing and responding to gender‑based violence;\n\n (b) require providers to prepare, and give effect to, plans, policies and procedures for preventing and responding to gender‑based violence;\n\n (c) require providers to impose requirements relating to preventing and responding to gender‑based violence on employees and prospective employees, and other people engaged by providers;\n\n (d) impose requirements relating to the use of non‑disclosure agreements, or other ways of imposing or enforcing confidentiality, in connection with disclosures of gender‑based violence;\n\n (e) require providers to provide education and training for students and staff about gender‑based violence, including on how to prevent and respond to gender‑based violence;\n\n (f) require providers to make support services available to people who have experienced gender‑based violence;\n\n (g) impose requirements on providers in relation to student accommodation;\n\n (h) require providers to impose, through contracts or other arrangements, requirements relating to gender‑based violence on other entities (such as entities that provide student accommodation);\n\n (i) require providers to prepare reports relating to gender‑based violence;\n\n (j) require providers to provide plans, policies, procedures and reports to the Secretary;\n\n (k) require providers to collect information (which may include personal information within the meaning of the Privacy Act 1988) relating to gender‑based violence;\n\n (l) require providers to provide information (other than personal information within the meaning of the Privacy Act 1988) to the Secretary for the purposes of the Secretary disclosing the information to the public under section 44;\n\n (m) require providers to provide other information (which may include personal information within the meaning of the Privacy Act 1988) to the Secretary;\n\n (n) require providers to publish information (other than personal information within the meaning of the Privacy Act 1988) relating to gender‑based violence;\n\n (o) require plans, reports and other information to be in a form approved by the Secretary;\n\n (p) require providers to give effect to recommendations relating to gender‑based violence that are made, from time to time, by the National Student Ombudsman under the Ombudsman Act 1976;\n\n (q) include any other matters that the Minister considers are necessary or convenient to give effect to the purpose of the national code.\n\n (3) Despite subsection 14(2) of the Legislation Act 2003, the national code may apply, adopt or incorporate, with or without modification, any matter contained in any instrument or other writing as in force or existing from time to time.\n\n18  Notification of the national code\n\n (1) The Secretary must give each higher education provider written notice of:\n\n (a) the making or amendment of the national code; and\n\n (b) the day on which the national code or amendment takes effect for the provider; and\n\n (c) the way in which the provider may access the text of the national code in force on that day.\n\n (2) However, a failure to comply with subsection (1) does not affect the validity of the national code or an amendment of the national code.\n\n (3) A notice given under subsection (1) is not a legislative instrument.\n\nPart 4—Obligations of higher education providers\n\nDivision 1—Simplified outline of this Part\n\n19  Simplified outline of this Part\n\nA higher education provider that fails to comply with a requirement under the national code may be liable to a civil penalty.\n\nThis Part also imposes record‑keeping and information‑related requirements on higher education providers. A provider that does not comply with these requirements may be liable to a civil penalty.\n\nDivision 2—Obligations of higher education providers\n\n20  Provider must comply with the national code\n\n  A higher education provider is liable to a civil penalty if:\n\n (a) the provider is subject to a requirement under the national code; and\n\n (b) the provider fails to comply with the requirement.\n\nNote: Such a failure may also constitute a failure to comply with other requirements that the provider is subject to, and may lead to other consequences. For example, a failure may result in the Minister taking action in relation to a body’s approval as a higher education provider under Division 22 of the Higher Education Support Act 2003, or TEQSA taking regulatory action in relation to compliance with the Threshold Standards made under the TEQSA Act.\n\nCivil penalty: 200 penalty units.\n\n21  Keeping records\n\n (1) A higher education provider must, in accordance with any rules made for the purposes of subsection (2), keep records relating to the provider’s compliance with this Act and legislative instruments made under this Act.\n\n (2) The rules may make provision in relation to:\n\n (a) the kinds of records that must be kept; and\n\n (b) the manner and form in which the records must be kept.\n\n (3) The records must be retained for 7 years.\n\nCivil penalty provision\n\n (4) A higher education provider is liable to a civil penalty if:\n\n (a) the provider is subject to a requirement under this section; and\n\n (b) the provider fails to comply with the requirement.\n\nCivil penalty: 60 penalty units.\n\n22  Giving information to the Secretary\n\n (1) The rules may require a higher education provider to give information to the Secretary for the purposes of the Secretary’s functions or powers under this Act.\n\n (2) The rules may provide for any or all of the following for the purposes of subsection (1):\n\n (a) the information that must be given;\n\n (b) when the information must be given;\n\n (c) the manner and form in which the information must be given;\n\n (d) timeframes for the giving of information.\n\n (3) The information mentioned in paragraph (2)(a) may include personal information (within the meaning of the Privacy Act 1988).\n\nCivil penalty provision\n\n (4) A higher education provider is liable to a civil penalty if:\n\n (a) the provider is subject to a requirement under this section; and\n\n (b) the provider fails to comply with the requirement.\n\nCivil penalty: 60 penalty units.\n\n23  Notifying Secretary of changes to information or other events\n\n (1) This section applies in relation to a higher education provider if the provider becomes aware, or could reasonably be expected to have become aware:\n\n (a) that information given to the Secretary by the provider under section 22 is, or has become, inaccurate in a material particular; or\n\n (b) that the provider has contravened this Act or a legislative instrument made under this Act; or\n\n (c) that the provider is likely, in the future, to contravene this Act or a legislative instrument made under this Act.\n\n (2) The higher education provider must notify the Secretary, in writing, of a matter mentioned in paragraph (1)(a), (b) or (c) within 14 days after the provider becomes aware, or could reasonably be expected to have become aware, of the matter.\n\nCivil penalty provision\n\n (3) A higher education provider is liable to a civil penalty if:\n\n (a) the provider becomes aware, or could reasonably be expected to have become aware, of a matter mentioned in paragraph (1)(a), (b) or (c); and\n\n (b) the provider fails to notify the Secretary of the matter in accordance with subsection (2).\n\nCivil penalty: 60 penalty units.\n\n24  Provider must not give false or misleading information\n\n (1) A higher education provider is liable to a civil penalty if:\n\n (a) the provider gives information or produces a document under, or for the purposes of, this Act or a legislative instrument made under this Act; and\n\n (b) the information or document:\n\n (i) is false or misleading; or\n\n (ii) omits any matter or thing without which the information or document is misleading.\n\nCivil penalty: 60 penalty units.\n\n (2) Subsection (1) does not apply if the information or document is not false or misleading in a material particular.\n\nNote 1: In proceedings for a civil penalty order against a person for a contravention of subsection (1), the person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\nNote 2: A person may commit an offence if the person gives false or misleading information or produces false or misleading documents (see sections 137.1 and 137.2 of the Criminal Code).\n\nPart 5—Powers and officials\n\nDivision 1—Simplified outline of this Part\n\n25  Simplified outline of this Part\n\nThis Part confers various functions and powers on the Secretary.\n\nDivision 2 provides for the Secretary to provide education, guidance and general advice to higher education providers.\n\nDivision 3 includes provisions for the Secretary to require higher education providers and other people to give information to the Secretary.\n\nDivision 4 provides for the Secretary to give compliance notices to higher education providers.\n\nDivision 5 provides for the Secretary to authorise officers to perform various functions and exercise various powers under the regulatory powers provisions in Part 6.\n\nWhen exercising a power in relation to a higher education provider, the Secretary and authorised officers must comply with the basic principles for regulation in Part 2.\n\nDivision 2—Providing education, guidance and advice\n\n26  Secretary may provide education, guidance and advice\n\n (1) The Secretary may provide education, guidance and general advice to higher education providers for the purposes of:\n\n (a) promoting and supporting compliance with this Act and legislative instruments made under this Act; and\n\n (b) building understanding, among higher education providers, of:\n\n (i) the causes of gender‑based violence; and\n\n (ii) factors that contribute to gender‑based violence; and\n\n (c) promoting best practice in relation to preventing and responding to gender‑based violence; and\n\n (d) promoting evidence‑informed prevention of, and responses to, gender‑based violence.\n\n (2) This section does not limit the powers and functions of the Secretary.\n\nDivision 3—Requiring information\n\n27  Secretary may require certain persons to give information etc.\n\n (1) This section applies to a person if the Secretary reasonably believes that:\n\n (a) the person:\n\n (i) is a higher education provider; or\n\n (ii) is, or was, connected with a higher education provider; and\n\n (b) the person is capable of giving information, or producing a document or a thing, that is relevant to:\n\n (i) the Secretary’s functions under this Act or a legislative instrument made under this Act; or\n\n (ii) assessing the higher education provider’s compliance with this Act or a legislative instrument made under this Act.\n\n (2) The Secretary may, by written notice given to the person, require the person:\n\n (a) to give the information to the Secretary; or\n\n (b) to produce the document or thing to the Secretary; or\n\n (c) to make copies of the document and produce the copies to the Secretary;\n\nwithin the period and in the manner specified in the notice.\n\n (3) The notice:\n\n (a) must not specify a period shorter than 14 days after the notice is given, unless the Secretary reasonably considers that a shorter period, that is at least 24 hours after the notice is given, is necessary; and\n\n (b) must set out the effect of subsection (5).\n\n (4) Information mentioned in paragraph (2)(a), or a document mentioned in paragraph (2)(b) or (c), may include personal information (within the meaning of the Privacy Act 1988).\n\nCivil penalty provision\n\n (5) A person is liable to a civil penalty if:\n\n (a) the person is given a notice under subsection (2); and\n\n (b) the person fails to comply with the notice.\n\nCivil penalty: 60 penalty units.\n\nCopying documents—reasonable compensation\n\n (6) A person is entitled to be paid by the Commonwealth reasonable compensation for complying with a requirement under paragraph (2)(c).\n\n28  Secretary may retain documents and things\n\nSecretary may retain documents and things\n\n (1) If a document (including a copy of a document), or a thing, is produced to the Secretary under section 27, the Secretary:\n\n (a) may take possession of, and may make copies of, the document or thing; and\n\n (b) may retain possession of the document or thing for such period as is necessary:\n\n (i) for the purposes of this Act or a legislative instrument made under this Act; or\n\n (ii) for the purposes of monitoring compliance with this Act or a legislative instrument made under this Act; or\n\n (iii) for the purposes of investigating a contravention or apparent contravention of a civil penalty provision of this Act; or\n\n (iv) to enable evidence to be secured for the purposes of a civil penalty proceeding.\n\nAccess and certified copy to be provided\n\n (2) Subsections (3) to (5) apply to a document produced under paragraph 27(2)(b).\n\n (3) The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Secretary to be a true copy.\n\n (4) The certified copy must be received in all courts and tribunals as evidence as if it were the original.\n\n (5) Until a certified copy is supplied, the Secretary must, at such times and places as the Secretary thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.\n\n29  Returning documents or things produced\n\n (1) If:\n\n (a) a document (other than a copy of a document) or thing is produced to the Secretary under section 27; and\n\n (b) the Secretary can no longer retain the document or thing under paragraph 28(1)(b);\n\nthe Secretary must take reasonable steps to return it, unless it is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n\n (2) The document or thing must be returned to the person who produced it (or to the owner if the person who produced it is not entitled to possess it).\n\n30  Disposal if documents or things cannot be returned\n\n  The Secretary may dispose of a document or thing in such manner as the Secretary considers appropriate if:\n\n (a) the document or thing is produced to the Secretary under section 27; and\n\n (b) under section 29, the Secretary is required to take reasonable steps to return the document or thing to a person; and\n\n (c) either:\n\n (i) the Secretary cannot, despite making reasonable efforts, locate the person; or\n\n (ii) the person has refused to take possession of the document or thing.\n\n31  Self‑incrimination\n\n (1) A person is not excused from:\n\n (a) giving information; or\n\n (b) producing a document (including a copy of a document) or thing;\n\nunder section 27 on the ground that doing so might tend to incriminate the person or expose the person to a penalty.\n\n (2) However, in the case of an individual, none of the following:\n\n (a) the information given;\n\n (b) the document, copy or thing produced;\n\n (c) the giving of the information or the producing of the document, copy or thing;\n\n (d) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the document, copy or thing;\n\nis admissible in evidence against the individual:\n\n (e) in civil proceedings for the recovery of a penalty; or\n\n (f) in criminal proceedings, other than proceedings for an offence against:\n\n (i) section 137.1 or 137.2 of the Criminal Code (which deals with false or misleading information or documents) that relates to this Act; or\n\n (ii) section 149.1 of the Criminal Code (which deals with obstruction of Commonwealth public officials) that relates to this Act.\n\nDivision 4—Compliance notices\n\n32  Compliance notices\n\nGrounds for giving compliance notice\n\n (1) The Secretary may give a higher education provider a written notice (a compliance notice) in accordance with this section if the Secretary is satisfied that the provider has not complied with, or is aware of information that suggests that the provider might not comply with, this Act or a legislative instrument made under this Act.\n\nContent of compliance notice\n\n (2) The compliance notice must:\n\n (a) set out the name of the higher education provider to which the notice is given; and\n\n (b) set out brief details of the non‑compliance or possible non‑compliance; and\n\n (c) specify action that the provider must take, or refrain from taking, in order to address the non‑compliance or possible non‑compliance; and\n\n (d) specify a reasonable period within which the provider must take, or refrain from taking, the specified action; and\n\n (e) if the Secretary considers it appropriate—specify a reasonable period within which the provider must provide the Secretary with evidence that the provider has taken, or refrained from taking, the specified action; and\n\n (f) set out the effect of subsection (4).\n\nCompliance notice is not a legislative instrument\n\n (3) A compliance notice is not a legislative instrument.\n\nCivil penalty provision\n\n (4) A higher education provider is liable to a civil penalty if:\n\n (a) the provider is given a compliance notice under this section; and\n\n (b) the provider fails to comply with the compliance notice.\n\nCivil penalty: 60 penalty units.\n\nVariation and revocation of compliance notice\n\n (5) The Secretary may, by written notice given to a higher education provider, vary or revoke a compliance notice given to the provider if the Secretary considers that the variation or revocation is in the public interest.\n\nNote: A variation could, for example, specify different action to be taken by the provider or a different period for complying with the notice.\n\n (6) In deciding whether to vary or revoke a compliance notice given to a higher education provider, the Secretary must consider any submissions that are received from the provider before the end of the period mentioned in paragraph (2)(d).\n\nCompliance notice not required before taking other action\n\n (7) To avoid doubt, the Secretary need not give a compliance notice under this section before taking other actions under this Act in relation to non‑compliance with this Act or a legislative instrument made under this Act.\n\nNote: For example, a compliance notice is not required before issuing an infringement notice under section 38.\n\nDivision 5—Authorised officers\n\n33  Authorised officers\n\n (1) The Secretary may, in writing, appoint an APS employee in the Department to be an authorised officer for the purposes of this Act.\n\n (2) The Secretary must not appoint a person to be an authorised officer unless:\n\n (a) the person is:\n\n (i) classified as Executive Level 1 or equivalent, or higher; or\n\n (ii) acting in a position usually occupied by an APS employee who is so classified; and\n\n (b) the Secretary is satisfied that the person has appropriate qualifications or expertise to properly perform the functions and duties, and exercise the powers, of an authorised officer.\n\n (3) An authorised officer must, in exercising powers as an authorised officer, comply with any directions of the Secretary.\n\nPart 6—Compliance and enforcement\n\nDivision 1—Simplified outline of this Part\n\n34  Simplified outline of this Part\n\nThis Part provides for provisions of this Act and legislative instruments made under this Act to be subject to monitoring, investigation and enforcement under the Regulatory Powers Act.\n\nDivision 2—Regulatory powers\n\n35  Monitoring powers\n\nProvisions subject to monitoring\n\n (1) A provision is subject to monitoring under Part 2 of the Regulatory Powers Act if it is:\n\n (a) a provision of this Act; or\n\n (b) a provision of a legislative instrument made under this Act.\n\nNote: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act has been complied with. It includes powers of entry and inspection.\n\nInformation subject to monitoring\n\n (2) Information given in compliance or purported compliance with a provision of this Act or a legislative instrument made under this Act is subject to monitoring under Part 2 of the Regulatory Powers Act.\n\nNote: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.\n\nAuthorised applicant\n\n (3) For the purposes of Part 2 of the Regulatory Powers Act, the Secretary is an authorised applicant.\n\nAuthorised person\n\n (4) For the purposes of Part 2 of the Regulatory Powers Act, an authorised officer is an authorised person.\n\nIssuing officer\n\n (5) For the purposes of Part 2 of the Regulatory Powers Act, a magistrate is an issuing officer in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n\nRelevant chief executive\n\n (6) For the purposes of Part 2 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n\nNote: For delegation by the Secretary, see section 48.\n\nRelevant court\n\n (7) For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n\n (a) the Federal Court of Australia;\n\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n\nPerson assisting\n\n (8) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n\nExtension to external Territories\n\n (9) Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), extends to every external Territory.\n\n36  Investigation powers\n\nProvisions subject to investigation\n\n (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is a civil penalty provision of this Act.\n\nNote: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.\n\nAuthorised applicant\n\n (2) For the purposes of Part 3 of the Regulatory Powers Act, the Secretary is an authorised applicant in relation to evidential material that relates to a provision mentioned in subsection (1).\n\nAuthorised person\n\n (3) For the purposes of Part 3 of the Regulatory Powers Act, an authorised officer is an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).\n\nIssuing officer\n\n (4) For the purposes of Part 3 of the Regulatory Powers Act, a magistrate is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1).\n\nRelevant chief executive\n\n (5) For the purposes of Part 3 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).\n\nNote: For delegation by the Secretary, see section 48.\n\nRelevant court\n\n (6) For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to evidential material that relates to a provision mentioned in subsection (1):\n\n (a) the Federal Court of Australia;\n\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n\nPerson assisting\n\n (7) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n\nExtension to external Territories\n\n (8) Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.\n\n37  Civil penalty provisions\n\nEnforceable civil penalty provisions\n\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\nNote: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\nAuthorised applicant\n\n (2) For the purposes of Part 4 of the Regulatory Powers Act, the Secretary is an authorised applicant.\n\nRelevant court\n\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n\n (a) the Federal Court of Australia;\n\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n\nLiability of Crown\n\n (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not make the Crown liable to be subject to civil proceedings for a contravention of a civil penalty provision.\n\nExtension to external Territories\n\n (5) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, extends to every external Territory.\n\n38  Infringement notices\n\nProvisions subject to an infringement notice\n\n (1) A civil penalty provision of this Act is subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\nNote: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\nInfringement officer\n\n (2) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is an infringement officer in relation to the provisions mentioned in subsection (1).\n\nRelevant chief executive\n\n (3) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).\n\nNote: For delegation by the Secretary, see section 48.\n\nLiability of Crown\n\n (4) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not make the Crown liable to be given an infringement notice.\n\nExtension to external Territories\n\n (5) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.\n\n39  Enforceable undertakings\n\nEnforceable provisions\n\n (1) The following provisions of this Act are enforceable under Part 6 of the Regulatory Powers Act:\n\n (a) a provision of this Act;\n\n (b) a provision of a legislative instrument made under this Act.\n\nNote: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\nAuthorised person\n\n (2) For the purposes of Part 6 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n\nRelevant court\n\n (3) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n\n (a) the Federal Court of Australia;\n\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n\nPublication of undertakings\n\n (4) An authorised person in relation to the provisions mentioned in subsection (1) may publish an undertaking, given in relation to the provision by a higher education provider, on the Department’s website.\n\nExtension to external Territories\n\n (5) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.\n\n40  Injunctions\n\nEnforceable provisions\n\n (1) The provisions of this Act are enforceable under Part 7 of the Regulatory Powers Act.\n\nNote: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.\n\nAuthorised person\n\n (2) For the purposes of Part 7 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n\nRelevant court\n\n (3) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n\n (a) the Federal Court of Australia;\n\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n\nExtension to external Territories\n\n (4) Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.\n\nPart 7—Management of information\n\nDivision 1—Simplified outline of this Part\n\n41  Simplified outline of this Part\n\nThis Part provides for the use, disclosure and publication of certain kinds of information obtained under this Act or legislative instruments made under this Act.\n\nDivision 2—Management of information\n\n42  Authorised disclosure and use of protected information\n\nDisclosure\n\n (1) The Secretary may disclose protected information to:\n\n (a) the Minister; or\n\n (b) a person employed by the Minister under the Members of Parliament (Staff) Act 1984; or\n\n (c) TEQSA for purposes connected with the performance of functions, or the exercise of powers, of TEQSA; or\n\n (d) the National Student Ombudsman for purposes connected with the performance of functions, or the exercise of powers, of the National Student Ombudsman; or\n\n (e) an officer or employee of the Commonwealth or a Commonwealth body for purposes connected with the performance of functions or duties, or the exercise of powers, by the officer or employee; or\n\n (f) an officer or employee of a State or Territory, or a State or Territory body, for the purposes of:\n\n (i) enabling the State, Territory or body to undertake regulatory action under a law of the State or Territory in relation to higher education providers; or\n\n (ii) assisting the State, Territory or body in eliminating, so far as is possible, discrimination against persons on the ground of gender.\n\nNote: For Commonwealth body and State or Territory body, see section 5.\n\n (2) The Secretary may only disclose protected information that is personal information (within the meaning of the Privacy Act 1988) if the Secretary is satisfied that the information will be appropriately protected after the disclosure.\n\n (3) A person or body who obtains protected information under subsection (1) may use or further disclose the information for the purposes for which it was disclosed to the person or body under that subsection.\n\nUse\n\n (4) The Secretary may use protected information:\n\n (a) for the purposes of promoting compliance with this Act or legislative instruments made under this Act; or\n\n (b) in performing functions, or exercising powers, under this Act or legislative instruments made under this Act.\n\nProtected information\n\n (5) In this Act:\n\nprotected information means:\n\n (a) personal information within the meaning of the Privacy Act 1988; or\n\n (b) information relating to a higher education provider;\n\nthat was obtained under, or for the purposes of, this Act or a legislative instrument made under this Act.\n\n43  Disclosing information to the public—general\n\n (1) For the purposes of promoting compliance with this Act or any legislative instrument made under this Act, the Secretary may disclose to the public, in such manner as the Secretary considers appropriate, information (other than personal information within the meaning of the Privacy Act 1988) about the following matters:\n\n (a) actions (if any) taken, in relation to a higher education provider, in performing functions or exercising powers under Part 2 (monitoring) or Part 3 (investigation) of the Regulatory Powers Act (as those Parts apply because of Part 6 of this Act);\n\n (b) the results of taking actions referred to in paragraph (a), including:\n\n (i) recommendations for improvements that were given to a higher education provider; and\n\n (ii) action (if any) taken by the provider to implement the recommendations;\n\n (c) actions (if any) taken, in relation to a higher education provider, in performing functions or exercising powers under Part 4 (civil penalty provisions), Part 5 (infringement notices), Part 6 (enforceable undertakings) or Part 7 (injunctions) of the Regulatory Powers Act (as those Parts apply because of Part 6 of this Act);\n\n (d) compliance notices given to a higher education provider under section 32.\n\n (2) Before disclosing particular information to the public under subsection (1) in relation to a higher education provider, the Secretary must give the provider a written notice stating:\n\n (a) that the Secretary proposes to disclose information to the public in relation to the provider; and\n\n (b) the particular information that is proposed to be disclosed; and\n\n (c) the manner in which the information is proposed to be disclosed; and\n\n (d) that the provider may give the Secretary, within 14 days after the day the notice is given, a written response in relation to the proposed disclosure.\n\n (3) In deciding whether to disclose information to the public under subsection (1) in relation to a higher education provider, the Secretary must take into account the response (if any) given by the provider under paragraph (2)(d).\n\n (4) If the Secretary discloses information to the public under subsection (1) in relation to a higher education provider, the Secretary must ensure that the information is accurate and kept up‑to‑date.\n\n44  Disclosing information to the public—information specified in the national code\n\n (1) The Secretary may disclose to the public, in such manner as the Secretary considers appropriate, any information provided to the Secretary in accordance with a requirement included in the national code for the purposes of paragraph 17(2)(l) for any of the following purposes:\n\n (a) promoting and facilitating compliance with this Act and the national code;\n\n (b) assisting Australia in eliminating, so far as is possible, discrimination against persons on the ground of gender.\n\nNote: Paragraph 17(2)(l) does not apply to personal information within the meaning of the Privacy Act 1988.\n\n (2) To avoid doubt, the Secretary may disclose information under subsection (1) that relates to a higher education provider without notifying the provider.\n\nPart 8—Miscellaneous\n\nDivision 1—Simplified outline of this Part\n\n45  Simplified outline of this Part\n\nDivision 2 provides for the application of certain enforcement provisions, including civil penalty provisions and compliance notices, to be delayed. These provisions begin to apply to different kinds of providers on either 1 January 2026 or 1 January 2027.\n\nDivision 3 deals with other miscellaneous matters, including annual reporting, delegation and rules.\n\nDivision 2—Delayed application of certain provisions\n\n46  Delayed application of certain provisions\n\n (1) In this section:\n\napplication day, for a higher education provider, means:\n\n (a) if the provider is a Table A provider (within the meaning of the Higher Education Support Act 2003) or a Table B provider (within the meaning of that Act)—1 January 2026; or\n\n (b) otherwise—1 January 2027.\n\n (2) A civil penalty provision of this Act applies to a higher education provider only in relation to an act or omission that occurs on or after the application day for the provider.\n\n (3) Section 32 applies in relation to non‑compliance with this Act, or a legislative instrument made under this Act, by a higher education provider only if:\n\n (a) the Secretary is satisfied that the non‑compliance occurred on or after the application day for the provider; or\n\n (b) the Secretary is aware of information that suggests that the non‑compliance might have occurred on or after the application day for the provider.\n\n (4) Part 6 applies in relation to a higher education provider only on and after the application day for the provider.\n\n (5) Section 43 applies to information relating to a higher education provider only on and after the application day for the provider.\n\nDivision 3—Miscellaneous\n\n47  Annual report\n\n (1) The Secretary must, as soon as practicable after the end of each financial year, prepare a report on the performance of functions and exercise of powers under this Act, and the operation of the national code, during that year.\n\nNote: See also section 34C of the Acts Interpretation Act 1901, which contains extra rules about annual reports.\n\n (2) The report under subsection (1) for a financial year must include the following:\n\n (a) the number of times monitoring powers were exercised under Part 2 of the Regulatory Powers Act (as it applies in relation to provisions of this Act) during the year;\n\n (b) the number of times investigation powers were exercised under Part 3 of the Regulatory Powers Act (as it applies in relation to provisions of this Act) during the year;\n\n (c) trends (if any) in non‑compliance with this Act or the national code that were identified during the year;\n\n (d) the number of compliance notices given during the year;\n\n (e) the number of infringement notices given during the year;\n\n (f) the number of enforceable undertakings accepted or enforced during the year;\n\n (g) the number of proceedings instituted during the year, including civil penalty proceedings and proceedings for an injunction;\n\n (h) actions (if any) taken by the Secretary during the year to educate or to build capacity in the higher education sector in relation to preventing and responding to gender‑based violence;\n\n (i) information about systemic issues (if any) in relation to gender‑based violence in the higher education sector during the year;\n\n (j) opportunities (if any) provided to higher education providers during the year to improve compliance with the national code;\n\n (k) trends (if any) in data and information collected under legislative instruments made under this Act;\n\n (l) any other information the Secretary considers appropriate.\n\n (3) The report under subsection (1) for a financial year must be included in the Department’s annual report for that financial year prepared under section 46 of the Public Governance, Performance and Accountability Act 2013.\n\nFirst annual report under this section\n\n (4) For the purposes of subsection (1), the period beginning on the day this section commences and ending on the next 30 June is taken to be a financial year.\n\n48  Delegation by Secretary\n\nDelegation of powers under this Act and legislative instruments made under this Act\n\n (1) The Secretary may, in writing, delegate any or all of the Secretary’s functions or powers under this Act (other than section 32), or a legislative instrument made under this Act, to an APS employee who holds or performs the duties of an Executive Level 1 position, or an equivalent higher position, in the Department.\n\nNote: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n (2) The Secretary may, in writing, delegate any or all of the Secretary’s functions or powers under section 32 (compliance notices) to an SES employee, or an acting SES employee, in the Department.\n\nNote 1: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\nNote 2: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\nDelegation of powers under the Regulatory Powers Act\n\n (3) The Secretary may, in writing, delegate any functions or powers the Secretary has under Parts 2, 3, 4, 5, 6 and 7 of the Regulatory Powers Act (as those Parts apply because of Part 6 of this Act) to an SES employee, or an acting SES employee, in the Department.\n\nNote 1: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\nNote 2: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\nLimitation on delegations\n\n (4) Before delegating a function or power under subsection (1), (2) or (3), the Secretary must have regard to:\n\n (a) if the function or power is delegated to an APS employee who holds or performs the duties of a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or exercise the power; or\n\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or exercise the power.\n\nDelegate must comply with directions\n\n (5) In performing a function or exercising a power delegated under this section, the delegate must comply with any written directions of the Secretary.\n\n49  Compensation for acquisition of property\n\n (1) If the operation of:\n\n (a) this Act; or\n\n (b) a legislative instrument made under this Act;\n\nwould result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in:\n\n (a) the Federal Court of Australia; or\n\n (b) the Supreme Court of a State or Territory;\n\nfor the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n50  Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n\n (a) required or permitted by this Act to be prescribed by the rules; or\n\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n (2) To avoid doubt, the rules may not do the following:\n\n (a) create an offence or civil penalty;\n\n (b) provide powers of:\n\n (i) arrest or detention; or\n\n (ii) entry, search or seizure;\n\n (c) impose a tax;\n\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n\n (e) directly amend the text of this Act.\n\n \n\n \n\n[Minister’s second reading speech made in—\n\nSenate on 23 July 2025\n\nHouse of Representatives on 25 August 2025]\n\n(40/25)\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Compared with a narrow instrument that would only set voluntary national standards, this Act expands scope substantially: it converts Minister‑made standards into binding, enforceable obligations with civil penalties (s 20), integrates detailed monitoring and investigatory powers via the Regulatory Powers Act (ss 35–40), and creates broad data collection and disclosure regimes (ss 17(2)(k),(m); 42–44). The national code’s power to incorporate external instruments as they operate from time to time (s 17(3)) and its catch‑all drafting (s 17(2)(q)) allow evolving obligations beyond a static standards regime. The Act therefore moves beyond standard‑setting into a comprehensive regulatory and enforcement framework covering governance, contracts, reporting and cross‑agency information sharing."},"complexity_factors":["17 substantive Parts with multiple Divisions and many procedural subdivisions","Approximately 18 defined terms in section 5 (e.g. higher education provider, protected information, civil penalty provision)","Extensive cross‑references to multiple other Acts: Regulatory Powers Act (Parts 2–7 invoked repeatedly), TEQSA Act, Privacy Act 1988, Ombudsman Act 1976, Legislation Act 2003, Acts Interpretation Act 1901","Broad, open‑ended drafting in the national code (s 17(2)(q)) and power to incorporate external instruments as they change (s 17(3))","Multiple enforcement pathways layered onto the Regulatory Powers Act: monitoring, investigation, civil penalties, infringement notices, enforceable undertakings and injunctions (ss 35–40)","Staged application days (two‑tier commencement: Table A/B providers 1 Jan 2026; others 1 Jan 2027) with conditional effect on liability and enforcement (s 46)","Numerous information‑management rules and exceptions: collection of personal information, disclosure to multiple recipient classes, public disclosure rules and limited notification requirements (ss 17(2)(k),(m); 42–44)","Delegation and appointment rules with seniority/qualification conditions for authorised officers and delegates (ss 33, 48)","Multiple civil penalty amounts with different triggers (200 penalty units for code breaches (s 20) and 60 penalty units for many information/notice breaches (ss 21–24, 27(5), 32(4))","Procedural safeguards and limits are high level (principles of regulatory necessity and proportionate regulation in ss 10–13), creating conditional complexity in application"],"plain_english_summary":"**What this Act does, mechanically**\n\n- Creates a national, minister-made legislative instrument called the National Higher Education Code to Prevent and Respond to Gender‑based Violence (the “national code”) (s 15). The Minister makes the code; the Secretary notifies providers of the code and its commencement for each provider (s 18).\n- Makes registered higher education providers (as defined, limited to constitutional corporations and Commonwealth/territory bodies) subject to the national code and to new information, record‑keeping and enforcement obligations (definition of higher education provider at s 5; ss 16–17; Part 4).\n- Gives the Secretary and authorised officers powers to require information and documents, retain and copy material, monitor and investigate compliance, issue compliance notices, accept/publish enforceable undertakings, issue infringement notices and seek civil penalty orders or injunctions under the Regulatory Powers (Standard Provisions) Act 2014 framework (see ss 26–33; Parts 6 and 35–40).\n- Establishes civil penalties for non‑compliance with the national code and for related offences: primary code breaches attract 200 penalty units; most information/notice/record breaches attract 60 penalty units (ss 20, 21(4), 22(4), 23(3), 24, 27(5), 32(4)).\n- Allows the Secretary to collect, use, disclose and publish information obtained under the Act (including certain aggregated or non‑personal data publicly) and to disclose protected information to other Commonwealth and State/Territory bodies or the National Student Ombudsman in specified circumstances (ss 42–44).\n- Phases the enforcement machinery in: Table A/B providers have an application day of 1 January 2026; other providers 1 January 2027. Civil penalties and certain enforcement powers apply only to acts/omissions on or after each provider’s application day (s 46).\n\n**Who the Act affects**\n\n- Directly affects registered higher education providers that are constitutional corporations or bodies created by Commonwealth/Territory law (definition in s 5). It does not on its face capture purely private companies that are not constitutional corporations or State/Territory bodies.\n- Affects people and entities connected to providers (employees, contractors, entities supplying student accommodation) if the national code requires providers to impose obligations on them (s 17(2)(c),(h)).\n- Affects officials: the Minister (who makes the code), the Secretary (who enforces, decides disclosure and monitors compliance) and authorised officers appointed by the Secretary (ss 15, 26, 33).\n\n**Why it matters (official purpose and what it does in practice)**\n\n- Official purpose: to provide national standards so higher education study, work, social and living environments are safe, and to ensure providers prevent and respond to gender‑based violence, with governance, prevention and response obligations (s 16).\n- In practice the Act creates a national standard-setting instrument (the code) that can require providers to: implement governance arrangements, prepare and operate policies, provide training and support services, collect and report data (including personal information where permitted), regulate the use of non‑disclosure agreements, and place obligations on third‑party contractors (s 17(2)(a)–(p)).\n\n**Key levers and decision‑makers**\n\n- The Minister decides the substantive content of the national code (s 15). The national code can adopt or incorporate external instruments as in force (s 17(3)).\n- The Secretary enforces the Act: issues notices, requires documents and information, publishes compliance-related information, and uses the Regulatory Powers Act mechanisms for monitoring, investigation and civil enforcement (ss 26–28, 32, 35–40, 42–44).\n- Authorised officers (senior APS appointees) exercise on‑the‑ground powers under delegation and direction from the Secretary (s 33; s 48 sets delegation rules).\n\n**Who pays and what behaviours change**\n\n- Higher education providers bear the direct compliance costs: governance, policies, staff training, record‑keeping for 7 years (s 21(3)), data collection and reporting obligations (ss 17(2)(k),(j),(o); 22).\n- Providers also face potential financial penalties (civil penalties and infringement frameworks) and reputational costs from public disclosures (ss 20, 21–24, 38, 43–44).\n- Behavioural changes expected from the statute: instituting governance and prevention measures; changing contractor/employee contracts to achieve compliance; increased internal reporting and record systems; sharing more information with the Department/Secretary.\n\n**Costs, incentives and trade‑offs (implementation and compliance risks)**\n\n- Compliance and administrative costs: the Act mandates records, data collection and reporting (ss 21–22) and allows the Secretary to specify forms and timeframes via rules and the national code (ss 17(2)(o); 50). Smaller providers face proportionally higher per‑student costs; the Act partially addresses transition by phasing application days (s 46).\n- Regulatory discretion and scope creep: the Minister may include “any other matters” necessary to give effect to the code (s 17(2)(q)), and the code may incorporate external instruments as they change (s 17(3)). These clauses permit broad and evolving standards that can change provider obligations over time.\n- Data privacy and information disclosure: the Act permits collection of personal information and allows disclosure of ‘‘protected information’’ to other Commonwealth and State/Territory bodies and the public in prescribed ways (ss 17(2)(k),(m); 42–44). The Secretary must be satisfied information will be appropriately protected if personal information is disclosed (s 42(2)), but the Secretary may publish information required by the national code without notifying the provider (s 44(2)). This creates potential privacy, confidentiality and reputational risks for providers and individuals.\n- Contract freedom and third‑party effects: the national code can require providers to flow obligations into contracts with third parties (student accommodation providers, service contractors) (s 17(2)(h)). That will change commercial contracting practices and may increase costs or restrict supplier choices.\n- Enforcement architecture: the Act ties its enforcement to the Regulatory Powers Act (ss 35–40), giving the Secretary access to entry/search powers, civil penalty proceedings, infringement notices and enforceable undertakings. That provides fast and varied enforcement tools but concentrates practical enforcement decisions in the Secretary and delegates (ss 33, 48). The Secretary must comply with basic principles of regulatory necessity and proportionality when exercising powers (ss 10–13), but those principles are stated at a high level and leave significant operational discretion.\n- Possible substitution effects: the Act’s obligations may push providers to prefer off‑campus accommodation, change campus events policies, or alter staffing and disciplinary practices in ways that reduce certain risks of gender‑based violence but create other costs or access effects.\n\n**Concentrated benefits and diffuse costs; capture and rent‑seeking risks**\n\n- Concentrated benefits: complainants and persons needing support services stand to benefit from improved standards and enforcement; large institutions may benefit from clearer national rules. These are the direct intended beneficiaries (s 16).\n- Diffuse costs: compliance and reporting costs fall across providers and may be more burdensome for smaller providers. The national code’s broad drafting (s 17(2)(q)) and the Secretary’s disclosure powers (ss 43–44) create incentives for interest groups to lobby for specific reporting/penalty features that favour particular constituencies.\n- Capture risk: because the national code can adopt external instruments and because the Secretary and Minister have wide discretion to set operational detail (ss 15, 17(3), 50), regulated parties and other stakeholders have an incentive to engage in rule design processes to shape the code.\n\n**Implementation risks and checks**\n\n- Staged commencement (s 46) gives providers time to prepare; annual reporting by the Secretary (s 47) creates a transparency loop about enforcement and systemic issues. The Secretary must consider provider submissions when varying compliance notices (s 32(6)).\n- Legal checks: civil penalties are enforceable in federal courts under the Regulatory Powers Act (ss 35–37). The Act does not make the Crown liable to civil penalty proceedings under that framework (s 37(4)). Compensation is payable if the Act results in an acquisition of property otherwise than on just terms (s 49).\n\n**Bottom line (mechanical summary)**\n\n- The Act establishes a Minister-made national code that sets binding prevention and response standards for defined higher education providers, backed by data collection, monitoring and a suite of enforcement tools administered by the Secretary (ss 15–17; Parts 4–7). It shifts compliance, reporting and some disclosure obligations onto providers and gives the Secretary discretion to monitor, investigate and publicise compliance information (ss 21–24; 27–32; 42–44)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of establishing a national code to prevent and respond to gender-based violence in higher education. While it creates a comprehensive regulatory framework (monitoring, investigation, enforcement, information management), all provisions directly serve this core objective. There is no significant scope creep into unrelated policy areas."},"complexity_factors":["Extensive cross-referencing to the Regulatory Powers (Standard Provisions) Act 2014 – the Act imports monitoring, investigation, civil penalty, infringement notice, enforceable undertaking and injunction frameworks from this external statute rather than defining them internally","Nested conditional logic in section 46 regarding delayed application – different commencement dates apply based on whether a provider is a 'Table A' or 'Table B' provider under the Higher Education Support Act 2003 versus 'otherwise'","Multiple layers of delegated legislation – the national code itself is a legislative instrument made by the Minister, and additional 'rules' can be made under section 50, creating a three-tier regulatory structure (Act → Code → Rules)","Complex information management provisions in Part 7 distinguishing between 'protected information', 'personal information' under the Privacy Act 1988, and publicly disclosable information with different notification requirements depending on the disclosure pathway (compare sections 43 and 44)","Conditional civil penalty provisions with varying penalty units (200 vs 60 penalty units) and specific defences such as the 'material particular' defence in section 24(2) which shifts the evidential burden to the defendant","Dual delegation frameworks in section 48 with different eligibility criteria – EL1 or above for general powers, SES or acting SES specifically for compliance notices and Regulatory Powers Act functions"],"plain_english_summary":"This legislation creates a **National Higher Education Code to Prevent and Respond to Gender-based Violence** that applies to Australian universities and other higher education providers.\n\n**What it does:**\n- **Establishes legally binding standards** for how universities must prevent and respond to gender-based violence (including sexual harassment, assault, and abuse based on gender).\n- **Creates a new regulator** (the Secretary of the Department) with powers to monitor compliance, investigate breaches, and enforce penalties.\n- **Requires universities to:**\n  - Develop policies and governance arrangements to prevent violence\n  - Provide education and training to students and staff\n  - Offer support services to survivors\n  - Report data and information to the government\n  - Follow recommendations from the National Student Ombudsman\n  - Restrict the use of non-disclosure agreements (NDAs) in sexual misconduct cases\n\n**Who it affects:**\n- **Higher education providers** – all registered universities and colleges that are constitutional corporations or Commonwealth/Territory bodies (covering most Australian universities)\n- **Students and staff** – who should benefit from safer, more transparent reporting systems and support services\n- **University contractors** – including student accommodation providers who may be required to comply with the code through university contracts\n\n**Why it matters:**\nThis is a major reform following years of reports about sexual assault and harassment on Australian university campuses. It moves beyond voluntary guidelines to create **enforceable legal obligations** with real consequences. Universities that fail to comply face civil penalties (fines up to 200 penalty units, currently around $66,000), compliance notices, and potential court action. The legislation also introduces **transparency requirements** – the Secretary can publish information about university compliance and enforcement actions, naming non-compliant institutions.\n\n**Key features:**\n- **Delayed start:** Different universities start at different times – Group of Eight and other major universities (Table A/B providers) from 1 January 2026; others from 1 January 2027\n- **Regulatory principles:** The Secretary must follow principles of 'regulatory necessity' and 'proportionate regulation' – meaning they can't burden universities more than needed and must match enforcement to the seriousness of any breach\n- **Information sharing:** Protected information can be shared with TEQSA, the National Student Ombudsman, and state/territory regulators\n- **Self-incrimination protection:** Individuals can't be forced to give evidence that incriminates them in criminal proceedings (with limited exceptions)"}},"importantCases":[],"_links":{"self":"/api/acts/universities-accord-national-higher-education-code-to-prevent-and-respond-to-gender-based-violence-a","history":"/api/acts/universities-accord-national-higher-education-code-to-prevent-and-respond-to-gender-based-violence-a/history","analysis":"/api/acts/universities-accord-national-higher-education-code-to-prevent-and-respond-to-gender-based-violence-a/analysis","conflicts":"/api/acts/universities-accord-national-higher-education-code-to-prevent-and-respond-to-gender-based-violence-a/conflicts","importantCases":"/api/acts/universities-accord-national-higher-education-code-to-prevent-and-respond-to-gender-based-violence-a/important-cases","documents":"/api/acts/universities-accord-national-higher-education-code-to-prevent-and-respond-to-gender-based-violence-a/documents"}}