National Higher Education Code to Prevent and Respond to Gender-based Violence 2025

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Commonwealth Coat of Arms of Australia

 

National Higher Education Code to Prevent and Respond to Gender-based Violence 2025

I, Jason Clare, Minister for Education, make the following legislative instrument.

Dated  15/10/25  

Jason Clare

Minister for Education

 

Contents

1  Name

2  Commencement

3  Authority

Preliminary

Standards

 

 

1  Name

  This instrument is the National Higher Education Code to Prevent and Respond to Gender-based Violence 2025.

2  Commencement

  The National Higher Education Code to Prevent and Respond to Gender-based Violence commences:

  a) on 1 January 2026 for Providers that are Table A Providers and Table B Providers under the Higher Education Support Act 2003 (Cth) as at 1 January 2026;

  b) on 1 January 2027 for all other Providers registered under the Tertiary Education Quality and Standards Agency Act 2011 (Cth) before 1 January 2027; and

  c) on the date on which the Provider is registered under the Tertiary Education Quality and Standards Agency Act 2011 (Cth) for all Providers registered after 1 January 2027.

3  Authority

  This instrument is made under section 15 of the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025.

Preliminary

 

The National Higher Education Framework to Prevent and Respond to Gender-based Violence

 

The objects of the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025 (Cth) (Act) are:

 

1.       to reduce the incidence of Gender‑based Violence in higher education; and
2.       to establish national standards and requirements for higher education providers to prevent and respond to Gender-based Violence; and
3.       to establish a regulatory framework to monitor and enforce compliance with the national standards and requirements.

Providers are registered Higher Education Providers under the Tertiary Education Quality and Standards Agency Act 2011 (Cth) (TEQSA Act).

 

Under the Act, the purpose of the National Higher Education Code to Prevent and Respond to Gender-based Violence (the Code) is to provide national standards and requirements for Providers in connection with preventing and responding to Gender‑based Violence, including in relation to student accommodation. The Act sets out the matters about which the National Higher Education Code to Prevent and Respond to Gender-based Violence can impose requirements on Providers.

 

The National Higher Education Code to Prevent and Respond to Gender-based Violence requires that the Provider take actions that are proportionate and safe when Gender-based Violence is experienced or engaged in by the Students or Staff of a Provider, regardless of where, or the context in which, the Gender-based Violence occurs.

 

The National Higher Education Code to Prevent and Respond to Gender-based Violence comprises the following Standards:

 

Standard 1: Accountable leadership and governance - Effective governance and a Whole‑of‑Organisation approach prioritises safety and support in the prevention of and response to Gender‑based Violence.

Standard 2: Safe environments and systems - Higher Education Providers’ environments are safe and systems continuously improve to prevent and respond to Gender-based Violence.

Standard 3: Knowledge and capability - Higher Education Providers build knowledge and capability to safely and effectively prevent and respond to Gender-based Violence.

Standard 4: Safety and support - Responses and support services are safe and person-centred.

Standard 5: Safe processes - All processes are safe and timely.

Standard 6: Data, evidence and impact - Higher Education Providers use evidence to inform their approach, measure change and contribute to the national evidence-base.

Standard 7: Safe Student Accommodation - Student accommodation is safe for all students and staff.

 

The Secretary of the Department of Education is responsible for administering the National Higher Education Code to Prevent and Respond to Gender-based Violence. The Department will provide publicly available information providing an overview of the standards and practical information as to how Providers can meet each Standard.

 

The National Higher Education Code to Prevent and Respond to Gender-based Violence imposes data reporting obligations on Providers, which are primarily set out in Standard 6. Data plays a critical role in expanding the evidence base and understanding the nature and prevalence of Gender-based Violence, identifying the needs of different groups, measuring progress, and informing policy and program design. This data will inform the Department's compliance and accountability priorities and educative activities. The data will also provide transparency about the experiences of Gender-based Violence in the higher education sector, inform national strategies to reduce Gender-based Violence in the higher education sector, and build the evidence-base regarding systemic and cultural barriers for preventing and responding to Gender-based Violence. The data collected will be published by the Department in aggregated form, unless its publication would have the effect that an individual is identifiable or reasonably identifiable.

 

The National Higher Education Code to Prevent and Respond to Gender-based Violence has legal effect as expressly provided for in the Act. Breaches of the Code by Providers can result in action being taken against them and the imposition of financial penalties, enforceable undertakings and court ordered compliance with the Code. Breaches of the Code may also give rise to breaches of a Provider's obligations under the TEQSA Act, which may result in the Tertiary Education Quality and Standards Agency taking separate regulatory action against the Provider.

 

 

Standards

Effect of this Part

 

The Parliament does not intend by this Part to:

 

1.     create in any person any legal right, or give rise to any civil cause of action; or
2.     to affect in any way the interpretation of any Commonwealth Act or law which is in force.

 

Standard 1: Accountable leadership and governance – Effective governance and a Whole-of-Organisation approach prioritises safety and support in preventing and responding to Gender‑based Violence.

Requirements:

 

Leadership and Governance

1.           A Provider, through its Higher Education Principal Executive Officer, is accountable for compliance with the Code.
2.           A Provider must have expertise in Student and Staff safety and wellbeing within the membership of the Provider's Governing Body or a subcommittee that reports directly to the Provider's Governing Body that has delegated responsibility for Student and Staff safety and wellbeing.
3.           A Provider must, in complying with the Code, provide De-identified information and otherwise undertake its obligations under the Code in accordance with applicable Commonwealth, State and Territory Privacy Laws or, where no other Privacy Laws apply, with reference to the Australian Privacy Principles.

 

Whole-of-Organisation approach to preventing and responding to Gender-based Violence

1.           A Provider must, led by its Higher Education Principal Executive Officer, prepare, implement and publish on its website a Whole-of-Organisation Prevention and Response Plan that:

2.                records the Provider's Whole-of-Organisation approach to preventing and responding to Gender‑based Violence, including in any Student Accommodation which the Provider directly owns, operates and/or manages, that prioritises the safety and support of its Students and Staff;

3.                responds to Gender‑based Violence wherever it is experienced by the Provider's Students and Staff;

4.                addresses the factors that drive and contribute to Gender-based Violence, as well as any factors relevant to the Provider’s context.

5.                records how the Provider will implement the requirements in the Code, including in any Student Accommodation which the Provider directly owns, operates and/or manages;

6.                includes a Whole-of-Organisation assessment, which includes any Student Accommodation which the Provider directly owns, operates and/or manages, that identifies systemic risks, enablers and barriers to preventing Gender‑based Violence;

7.                 includes actions that will be taken in response to findings of the assessment;

8.                includes a gender equality action plan, which the Secretary may require to be prepared in a prescribed manner and form;

9.                reflects the needs, experience and agency of all members of the Provider’s community, particularly those members who are disproportionally affected by Gender‑based Violence, including women, First Nations people, culturally and linguistically diverse communities, people with disability and people of diverse sexual orientation and gender identity;

10.                 is developed in respect to its design and implemented through engagement and collaboration with Students and Staff, including those who have experienced Gender‑based Violence;

11.                 is informed by the Provider’s analysis of available data or other relevant publicly available data, as reported to the Secretary under Standard 6;

12.                includes a systemic review and analysis of the Provider’s responses to Disclosures and Formal Reports to identify barriers, gaps and opportunities for improvement;

13.                 is informed by available and relevant domestic and international evidence about the nature and extent of Gender‑based Violence; and

14.             is endorsed by the Provider's Governing Body. 1.           The Secretary may require a Provider to report on how the engagement with and views of Students and Staff has informed the development of the Prevention and Response Plan.

15.           A Provider that directly owns, operates and/or manages Student Accommodation must ensure that its Prevention and Response Plan comprehensively addresses how it will comply with its obligations under the Code in the Student Accommodation.

16.           A Provider must develop and implement an outcomes framework to track and measure the effectiveness of actions under their Prevention and Response Plan.  

17.           A Provider must give to the Secretary a copy of the Prevention and Response Plan and outcomes framework by the Initial Reporting Date and every four years thereafter and must include a systemic review and analysis and is informed by the Provider’s analysis of data, as reported to the Secretary under Standard 6.

18.           Commencing after the Initial Reporting Date, a Provider must report to the Governing Body at least every six months against the outcomes framework for its Prevention and Response Plan. The report must include De‑identified data on incidents of Gender‑based Violence experienced by Students and Staff since the last report, including identification of any trends in the data.

19.        Commencing after the Initial Reporting Date, a Higher Education Principal Executive Officer must give to the Secretary every two years a report on the Prevention and Response Plan and its outcomes framework. The Secretary may prescribe the manner and form in which these reports must be provided.

20.        A Provider must review and amend its Prevention and Response Plan having regard to its duty of care to Students and Staff, and those amendments must be endorsed by the Governing Body.

21.        The Secretary may give feedback to a Provider on its Prevention and Response Plan and any amendments to it. A Provider that receives feedback from the Secretary must, within the timeframe specified by the Secretary, engage with the Secretary in respect of that feedback, revise its Prevention and Response Plan in accordance with that feedback, and provide a copy of the Prevention and Response Plan to the Secretary.

Reporting

1.        The Secretary may require a Provider to report on how it has complied with its obligations under this Standard in a manner and form to be prescribed by the Secretary.

 

 

 

Standard 2: Safe environments and systems – Higher Education Providers’ environments are safe and systems continuously improve to prevent and respond to Gender‑based Violence.

Requirements:

Safe environments

1.               A Provider must:

2.                ensure its Staff comply with the Working with Children Check requirements of their governing State or Territory;

3.                as part of the engagement process, ask prospective employees and members of the Governing Body to declare whether they have been investigated for an allegation of Gender‑based Violence, or determined to have engaged in conduct that constitutes Gender‑based Violence during the course of their previous employment, or otherwise in a legal process;

4.                consistently with the Provider’s duty of care to Students and Staff, take into consideration any declaration made under paragraph 2.1(b) and any risks arising from the declaration in determining the person’s suitability for their position;

5.                take into consideration any substantiated allegation of Gender‑based Violence found by the Provider in the course of an employee's employment in the promotion, recognition and reward of that employee;

6.                address any material risk arising in relation to any Staff who are not employees where they have been investigated for, or determined to have engaged in, Gender‑based Violence; and

7.                 make alternative teaching, research, research supervision, employment or living arrangements as necessary to ensure the safety of Students and Staff where a Student or Staff alleges that they have experienced Gender‑based Violence. 1.               A Provider must:

8.                require employees to declare any existing or previous intimate personal relationship they have with:

9.                 an employee, where one employee has, or is likely to have, any supervisory, oversight or decision‑making responsibilities in relation to the other employee; and

10.               a Student, where the employee has, or is likely to have, any academic or other decision-making responsibilities in relation to the Student; and

11.                where a declaration is made in accordance with paragraph 2.2(a), implement a conflict-of-interest management plan that includes permanent alternative teaching, research or working arrangements as necessary.

 

Policies

1.               A Provider must have and implement a Policy on preventing and responding to Gender‑based Violence that:
2.                provides information and increases awareness and understanding of the factors that drive and contribute to Gender-based Violence, as well as any factors relevant to the Provider’s context.
3.                is Person‑centred and Trauma‑informed in its content and application;
4.                adopts the definition of Gender‑based Violence as defined in the Code;
5.                clearly states that Gender‑based Violence is unacceptable;
6.                includes information on available support services, including academic supports, in relation to Gender-based Violence;
7.                 includes information on Procedures in relation to a Disclosure or Formal Report of Gender-based Violence; and
8.                is publicly available, drafted in plain English and able to be translated into different languages taking into account the student and staff demographics of the Provider.
9.               A Policy on preventing and responding to Gender‑based Violence must apply to:
10.                Students, Leadership, Staff and Affiliated Organisations; and
11.                entities that conduct activities on behalf of the Provider, including but not limited to businesses and organisations that operate on, use or lease the Provider's land and facilities. 
12.               A Provider must develop and review its Policy on preventing and responding to Gender‑based Violence at least every three years including through engagement and collaboration with:
13.                 Students;
14.                 employees;
15.                 those groups who are disproportionately affected by Gender‑based Violence, including women, First Nations people, culturally and linguistically diverse communities, people with disability and people of diverse sexual orientation and gender identity;
16.                 those who have experienced Gender‑based Violence;
17.                 subject matter experts on Gender‑based Violence; and
18.                  third parties whose facilities are utilised by Students or Staff to undertake clinical or other work, research placements, or practicums.
19.               The Secretary may require a Provider to report on how the engagement with, and the views of Students and employees, experts in prevention of Gender-based Violence and other persons identified in 2.5, has informed the development and review of the Policy on preventing and responding to Gender-based Violence.
20.               A Provider must, when developing, reviewing and implementing its Policies, ensure that the Policies support:
21.                 the prevention of Gender‑based Violence, including by undertaking gender impact assessments;
22.                 effective responses to Gender-based Violence;
23.                 Disclosers achieving their educational outcomes, including through necessary academic adjustments; and
24.                 the physical and psychological safety and wellbeing of Students and Staff.

 

Transparency

1.               A Provider must prohibit the use of a Non-disclosure Agreement, unless requested by a Discloser.
2.                 If a Discloser requests the use of a Non‑Disclosure Agreement in relation to Gender‑based Violence, any such agreement with the Provider must not stop the Discloser from sharing their experience for the purpose of seeking support and advice or prevent the Provider from complying with their reporting obligations under the Code;
3.                 Any settlement terms agreed between the Discloser and the Provider must not contain a Non-disparagement Clause that could have the effect of requiring the Discloser to keep their experience of Gender‑based Violence confidential.

National Student Ombudsman Recommendations

1.               A Provider must implement any recommendations made by the National Student Ombudsman in relation to Gender‑based Violence which are directed to the Provider.  

Reporting

1.           The Secretary may require a Provider to report on how it has complied with its obligations under this Standard in a manner and form to be prescribed by the Secretary.

 

 

Standard 3: Knowledge and capability – Higher Education Providers build knowledge and capability to safely and effectively prevent and respond to Gender-based Violence.

Requirements:

Prevention education and training

1.               A Provider must ensure delivery of ongoing, comprehensive prevention education and training to its Students, Leadership and Staff that includes the following learning outcomes for participants:
2.                increases awareness and understanding of what constitutes Gender‑based Violence;
3.                increases awareness and understanding of the factors that drive and contribute to Gender‑based Violence, as well as any factors relevant to the Provider’s context;
4.                increase awareness and understanding of how forms of inequality and discrimination compound to effect Gender‑based Violence, particularly for those who are disproportionately affected by Gender-based Violence;
5.                increases awareness and understanding of healthy, respectful and safe relationships and consent;
6.                increases awareness and understanding of the role of power dynamics in Gender‑based Violence;
7.                 increases awareness and understanding of the support services, resources and reporting channels available to a person who has experienced Gender‑based Violence;
8.                increases awareness and understanding of Ethical Bystander and compassionate responses to Disclosures and Formal Reports; and
9.                builds understanding of Gender‑based Violence by strengthening knowledge and capability over time.
10.               A Provider must ensure that prevention education and training is:
11.                evidence-informed and aligns with current best practice in the prevention of Gender‑based Violence;
12.                Trauma-informed in its content and delivery;
13.                tailored to the Provider’s community and context;
14.                culturally appropriate;
15.                inclusive and accessible to Students and Staff with disabilities;
16.                 designed to support ongoing learning; and
17.                designed to safely manage any Disclosures that may arise in the course of the education and training, including by providing information about the internal and/or external support services and reporting channels available to a person who has experienced Gender‑based Violence.
18.               A Provider must develop this prevention education and training through collaboration and engagement with:
19.                experts in the prevention of Gender‑based Violence;
20.                Students;
21.                Staff;
22.                people who have experienced Gender‑based Violence; and
23.                those groups who are disproportionately affected by Gender-based Violence, including women, First Nations people, culturally and linguistically diverse communities, people with disability and people of diverse sexual orientation and gender identity.
24.               The Secretary may require a Provider to report on how the engagement with and views of the persons referred to at paragraph 3.3 has informed the development of the education and training.

Prevention communication and initiatives

1.               A Provider must promote and widely disseminate evidence-informed prevention communication and key messaging across its study, work, living and social environments.  
2.               Prevention initiatives, including programs and campaigns, delivered by a Provider must be evidence-based and evaluated. Evaluation findings must inform future prevention initiatives.
3.               The Secretary may require a Provider to report on how the evaluation findings have informed future prevention initiatives.

Responding to Disclosures education and training

1.               A Provider must, as part of the onboarding process and subsequently on at least an annual basis, deliver specialised education and training on responding to a Disclosures to Students in leadership positions, Leadership, Staff and any other person whom the Provider considers necessary.
2.               The education and training on responding to a Disclosure must:
3.                teach participants how to take a Trauma‑informed and Person‑centred approach when responding to Disclosures;
4.                increase participants’ awareness of the effect of trauma, including on a person's behaviour, memory and health and wellbeing;
5.                take account of the needs of all members of the Provider’s community, particularly those members who are disproportionally affected by Gender‑based Violence, including women, First Nations people, culturally and linguistically diverse communities, people with disability and people of diverse sexual orientation and gender identity;
6.                be developed through engagement with or approved by an Accredited Specialist, specialist organisation or a person with expertise in responding to Gender‑based Violence; and
7.                be designed to safely manage any Disclosures that may arise in the course of the education and training, including by providing information about the internal and/or external support services and reporting channels available to a person who has experienced Gender‑based Violence.

Monitoring and evaluation of education and training

1.           A Provider must undertake ongoing monitoring and evaluation of its prevention and responding to Disclosures education and training having regard to:
2.                the learning outcomes;
3.                feedback from participants;
4.                feedback from experts in the prevention of and response to Gender-based Violence; and
5.                any other factors the Provider considers relevant for the purposes of monitoring the effectiveness of the education and training.
6.           A Provider must use findings from monitoring and evaluation to inform future education and training. The Secretary may require a Provider to report on how the list at paragraph 3.10 (a) to 3.10(d) has informed the evaluation and future education and training.
7.           The Secretary may require a Provider to provide copies of evaluation reports.
8.           A Provider is responsible for determining whether this education and training is required to be updated having regard to its duty of care to Students and Staff.

Expertise and experience – risk assessments

1.           A Provider must require that risk assessments conducted under the Code are undertaken by Staff who have:
2.                expertise in Gender-based Violence risk assessment;
3.                competency in working with specific cohorts including First Nations people, culturally and linguistically diverse communities, people with disability and people of diverse sexual orientation and gender identity; and
4.                relevant knowledge, including of: 1.                 evidence-based static and dynamic risk factors and protective factors for experiencing Gender‑based Violence; 2.               types, patterns and effects of Gender‑based Violence; 3.             how Gender‑based Violence is experienced by different groups of people; and 4.             the nature and impact of coercive control.
5.           Where a Provider identifies that it does not have Staff with the necessary expertise and experience to conduct a risk assessment, the Provider must engage a person external to the Provider who has the necessary expertise and experience outlined at paragraph 3.14, except in urgent circumstances in which a Provider must take action consistently with its duty of care to Students and Staff.

Expertise and experience – Formal Reports, investigations and disciplinary proceedings

1.           A Provider must require Staff involved in responding to Formal Reports, conducting an investigation, or determining a disciplinary proceeding to have:
2.                Knowledge in relation to Gender-based Violence, including in the following: 1.                 risk and protective factors for experiencing Gender‑based Violence; 2.               the types, patterns and effects of Gender‑based Violence; 3.             how Gender‑based Violence is experienced by different groups of people; and 4.             the nature and impact of coercive control; and
3.                experience and expertise, including in the following: 1.                 how to respond effectively to people who have experienced and engaged in Gender‑based Violence, including consistently with Trauma‑informed and Person‑centred approaches; 2.               the effects of trauma, including on a person’s behaviour, memory and health and wellbeing; 3.             competency in working with specific cohorts including First Nations people, culturally and linguistically diverse communities, people with disability and people of diverse sexual orientation and gender identity; 4.             Procedural Fairness; 5.                taking and recording statements; and 6.             handling reports and Disclosures.
4.           A Provider must require Staff under paragraph 3.16 to undertake training in areas relating to paragraphs 3.16(a) to 3.16(b) once every three years.
5.           Where a Provider identifies that it does not have Staff with the necessary expertise and experience to carry out an investigation or determine a disciplinary proceeding, the Provider must engage a person with the expertise under paragraph 3.16. 

 

 

Reporting

1.           The Secretary may require a Provider to report on how it has complied with its obligations under this Standard in a manner and form to be prescribed by the Secretary.

 

 

 

Standard 4: Safety and support – Responses and support services are safe and person‑centred.

Requirements:

1.               A Provider must ensure that its responses, practices and support services are safe, Person‑centred and consistent with a Trauma‑informed approach and best practice.
2.               A Provider must provide or facilitate access to support services to persons making Disclosures and/or Formal Reports and to Respondents, including explaining the available support services and in particular any supports relevant to educational outcomes such as reasonable academic adjustments.
3.               A Provider must actively promote and make widely available information about how Students and Staff can access Policies and Procedures, internal and/or external support services including supports for academic adjustments and educational outcomes in relation to Gender‑based Violence. This information must be accessible and publicly available, drafted in plain English and able to be translated into different languages taking into account the Students and Staff demographics of the Provider.
4.               A Provider must undertake a risk assessment in response to all Disclosures and Formal Reports of Gender-based Violence and manage and monitor any identified risks on an ongoing basis.

Safety and support for Disclosers

1.               When implementing safety measures in response to a Disclosure or Formal Report, a Provider must engage with and seriously consider the views of a Discloser.

2.               A Provider must assign Staff with relevant expertise and experience to develop collaboratively with the Discloser a tailored support plan, including:

3.     implementing any measures necessary to ensure the safety of the Discloser;

4.     explaining and prioritising urgent access to support services for Disclosers when needed and/or requested;

5.     ensuring, to the extent possible, that the Discloser is not required to repeat the content of Disclosures and Formal Reports multiple times to multiple people;

6.     prioritising urgent access to services of an Accredited Specialist for Disclosers when needed and/or requested;

7.     prioritising urgent access to translation and interpreter services for Disclosers when needed and/or requested;

8.      considering and implementing academic and/or work adjustments to support the Discloser at work and/or in achieving their educational outcomes;

9.     undertaking ongoing risk assessments to manage and monitor any identified risks;

10.     where necessary, discussing the investigation and disciplinary processes, including the role of the person making the Disclosure in those processes, if any, and the range of resolutions and sanctions available if an allegation of Gender‑based Violence is substantiated against the Respondent; and

11.      discussing the support options available to the Discloser through these processes, including the potential availability of work and/or academic adjustments as required.

Support for Respondents

1.               A Provider must assign Staff with relevant expertise and experience to develop in consultation with the Respondent a tailored support plan, including:
2.                implementing any measures necessary to ensure the safety of the Discloser that may adversely impact the Respondent;
3.                explaining and prioritising access to support services for Respondents when needed and/or requested;
4.                explaining and prioritising access to services of an Accredited Specialist for Respondents when needed and/or requested;
5.                prioritising access to translation and interpreter services for Respondents when needed and/or requested;
6.                where necessary, discussing the investigation and disciplinary processes, including the role of the Respondent in those processes, and the range of resolutions and sanctions available if an allegation of Gender‑based Violence is substantiated against the Respondent;
7.                 considering and implementing academic and/or work adjustments; and
8.                undertaking ongoing risk assessments to manage and monitor any identified risks.
9.               A Provider must prohibit the same Staff from being assigned to support both the Discloser and the Respondent.

Effectiveness of support services

1.               A Provider must monitor its support services and evaluate the effectiveness of those services at least once every three years. Monitoring and evaluation findings must inform future service delivery. The Secretary may require a Provider to report on how the monitoring and evaluation of its support services has informed future service delivery.
2.           A Provider is responsible for determining whether its support services require change having regard to its duty of care to Students and Staff.

Reporting

1.           The Secretary may require a Provider to report on how it has complied with its obligations under this Standard in a manner and form to be prescribed by the Secretary.

 

Standard 5: Safe processes – All processes are safe and timely.

Requirements:

Accessible and Anonymous Reporting

1.               A Provider must make clear where and how:
2.                Students and Staff can make a Disclosure or a Formal Report of Gender‑based Violence; and
3.                third parties can make a Disclosure or a Formal Report of Gender‑based Violence where the Respondent is a Student or Staff of the Provider.
4.               A Provider must have multiple channels, including in‑person, by email, phone, and online, to facilitate a Disclosure or Formal Report.
5.               A Provider must ensure Disclosures and Formal Reports can be made anonymously.
6.               A Provider must take reasonable and proportionate action in respect of anonymous Disclosures or Formal Reports where possible, including by identifying any trends and risks to inform future action to prevent Gender‑based Violence.

Multiple Pathways to manage Disclosures

1.               A Provider must have multiple pathways for Disclosures to be managed, to ensure a proportionate and safe response to the Disclosure, including:
2.                a resolution that is implemented with the agreement of the Discloser and Respondent;
3.                the implementation of safety measures without progressing to an investigation;
4.                a decision not to proceed to an investigation of a Disclosure in the specific circumstances; and
5.                a decision to progress the Disclosure to an investigation.
6.               A Provider must have regard to the wishes of the Discloser when determining the pathway by which it will manage the Disclosure.

Investigations

1.               A Provider must seek and consider the views of a Discloser before progressing a Disclosure (as opposed to a Formal Report) to investigation. A Provider must inform a Discloser that the Provider may investigate a Disclosure where it is necessary for the safety and wellbeing of Students and/or Staff.
2.               A Provider must investigate all Formal Reports where the Respondent is a Student or Staff of the Provider, regardless of the context in which the Gender‑based Violence occurs.
3.               In relation to a Formal Report which has no connection to the Provider other than the status of the Respondent as a Student or Staff, a Provider must consider the safety and wellbeing of Students and Staff in determining the scope of investigation of a Formal Report.
4.           A Provider must notify the Discloser and Respondent in writing if an investigation will be commenced. The notification must be made to the Discloser and Respondent on the same day, and the Discloser must be notified first.
5.           A Provider must ensure all parties, (including the Discloser and Respondent), have the opportunity to be accompanied by a support person when they are asked about the matters which are the subject of the Disclosure or Formal Report.
6.           A Provider must not require a Discloser or Respondent to provide physical evidence relating to an alleged incident of Gender‑based Violence.

Multiple pathways to manage outcomes of investigations

1.           A Provider must have multiple pathways for Disclosures or Formal Reports to be managed following investigation, to ensure a proportionate and safe response, including:
2.                a resolution that is implemented with the agreement of the Discloser and Respondent;
3.                the implementation of safety measures without progressing to a disciplinary process;
4.                a decision not to proceed to a disciplinary process; and
5.                a decision to progress to a disciplinary process.
6.           Unless a Discloser requests otherwise, a Provider must notify the Discloser in writing once the investigation is concluded of the outcome of the investigation, including if a disciplinary process will be commenced, on the same day as the Respondent being notified.

Disciplinary processes

1.           A Provider must ensure their Procedures are designed to allow Formal Reports to be finalised within 45 business days, including finalisation of a disciplinary process.
2.           Subject to paragraph 5.15, a Provider must comply with the timeframes specified in their Procedures.
3.           A Provider must only permit extensions of time for the finalisation of Formal Reports where required in the particular context. The Higher Education Principal Executive Officer must satisfy themselves that extensions are only being permitted where required.
4.           A Provider must provide Respondents Procedural Fairness in the disciplinary process.
5.           A Provider must update Disclosers and Respondents throughout the process of resolving Formal Reports having regard to the views of Disclosers and Respondents.
6.           A Provider must impose sanctions proportionate to the conduct substantiated in the disciplinary process, which may include exclusion and expulsion.
7.           Unless a Discloser requests otherwise, a Provider must give written notice to the Discloser of:
8.                the outcome of the disciplinary process, including the decision and, if relevant, sanctions;
9.                reasons for the outcome; and
10.                rights to make an internal and/or external complaint, including to the National Student Ombudsman.
11.           Unless requested otherwise, the Discloser must be notified of the outcome of the disciplinary process on the same day as the Respondent.

Appeals

1.           If a Provider gives notice of the outcome of the disciplinary process to a Discloser, the Provider must also give written notice to the Discloser within 2 business days of an appeal being lodged of:
2.                the Respondent appealing a disciplinary decision; and
3.                information on potential outcomes of the appeal.
4.           A Provider must ensure their Procedures are designed to allow appeals to be finalised within 20 business days.
5.           Subject to paragraph 5.24, a Provider must comply with the timeframes specified in their Procedures.
6.           A Provider must only permit extensions of time to finalise appeals where required in the particular context. The Higher Education Principal Executive Officer must satisfy themselves that extensions are only being permitted where required.
7.           Unless a Discloser requests otherwise, a Provider must give written notice to the Discloser of:
8.                the outcome, including the decision and, if relevant, sanctions;
9.                reasons for the outcome; and
10.                rights to make an internal and/or external complaint, including to the National Student Ombudsman.
11.           Unless a Discloser requests otherwise, a Provider must notify the Discloser on the same day as the Respondent being notified of the outcome of the appeal.

Reporting

1.           The Secretary may require a Provider to report on how it has complied with its obligations under this Standard in a manner and form to be prescribed by the Secretary

Standard 6: Data, evidence & impact – Higher Education Providers use evidence to inform their approach, measure change and contribute to the national evidence-base.

Purpose:

1.                The Code recognises that strengthened data collection systems and expanding the evidence base are essential components of a comprehensive response to addressing Gender-based Violence. Data plays a critical role in understanding the nature and prevalence of Gender-based Violence, identifying the needs of different groups, measuring progress, and informing Policy and program design.
2.                The specific data reporting requirements for a Provider includes collection and reporting of:
3.                 process data on implementation of Policies, Procedures, plans and related activities;
4.                 De-identified data on incidents of Gender-based Violence enabling trend analysis and systemic responses; and
5.                 administrative De-identified Demographic data and enrolment/engagement characteristics of Disclosers and Respondents;

for the purpose of:

1.                 ensuring compliance and accountability of a Provider, specifically:
2.                  compliance with the Code and timely responses to non-compliance; and
3.                accountability and transparency of ongoing compliance with the Code.
4.                 providing timely recommendations to Providers to strengthen systems, Policies, Procedures and planning to improve prevention and responses to Gender-based Violence;
5.                  evaluating Provider and sector impact and effectiveness of preventing and responding to Gender-based Violence by tracking:
6.                 reporting rates of Gender-based Violence and support provided to Disclosers;
7.               the implementation of Providers’ Whole-of-Organisation Prevention and Response Plans;
8.             systemic and cultural barriers for preventing and responding to Gender-based Violence; and
9.              awareness among Students and Staff of Policies, support services and mechanisms for reporting; and  
10.                 collating the data to expand the national evidence base, specifically:
11.                  providing transparency about the experiences of Gender-based Violence in the higher education sector;
12.                informing national strategies to reduce Gender-based Violence in the higher education sector;
13.              building the evidence regarding systemic and cultural barriers for preventing and responding to Gender-based Violence; and
14.              analysing the impacts of Gender-based Violence, examining how different demographic characteristics influence risk and responses.

Requirements:

1.                A Provider must, in complying with its obligations under this Standard:
2.                ensure that the data is collected in a safe, Trauma-informed and Person-centred manner, and held and handled securely;
3.                provide the information and data in the manner and form, requested by the Secretary; and
4.                provide De-identified information, and otherwise undertake its requirements under this Standard in accordance with applicable Commonwealth, State and Territory Privacy Laws or, and where no other Privacy Laws apply, with reference to the Australian Privacy Principles.
5.                A Provider must comply with the obligations under this standard in relation to Student Accommodation as set out in Standard 7, as applicable.  
6.                A Provider must ensure the data collected in accordance with this standard is used to inform and strengthen the Provider’s Whole-of-Organisation approach to preventing and responding to Gender-based Violence, including the Prevention and Response Plan and outcomes framework.
7.                A Provider must ensure the data collected in accordance with this standard informs evaluation, impact and planning and enables a systemic approach to preventing and responding to Gender-based Violence through informing the understanding of:
8.                systemic and cultural barriers for preventing and responding to Gender-based Violence, including as they relate to particular communities or settings;
9.                the operation of systems, Policies and Procedures; 
10.                strengthening education and training on prevention and responses to Gender-based Violence for Students, Leadership and Staff.
11.           A Provider must ensure that evaluations undertaken in connection with the Code are robust and carried out objectively.
12.           With respect to a Provider’s obligations to engage and collaborate with Students and Staff, the Secretary may require a Provider to provide data on the number of engagements, including the number and breakdown of participants and whether participants felt satisfied with the engagement process.
13.           With respect to Standard 1, the Secretary may require a Provider to provide data on Student and Staff awareness of the Provider’s:
14.                Whole-of-Organisation Prevention and Response Plan;
15.                Policies and Procedures for making Disclosures and Formal Reports; and
16.                availability and accessibility of the Provider’s support services, including academic adjustments, in relation to Gender-based Violence.
17.       With respect to Standard 2, the Secretary may require a Provider, to provide data on the following:
18.                 the number of recruitment processes that involved a declaration of an allegation or determination of Gender-based Violence and the number of people that made a declaration who were offered a position; and 
19.                 any additional Policies, Procedures or actions undertaken by the Provider to prioritise safety.
20.       With respect to Standard 3, the Secretary may require a Provider to provide data on the number and proportion of: 
21.                 Students, Leadership and Staff who undertook training in relation to Gender-based Violence;
22.                 Students, Leadership and Staff who reported in training feedback and evaluations an increase in awareness and understanding of Gender-based Violence, prevention learning outcomes and Ethical Bystander behaviours following the training.

Annual Reporting   

1.            A Provider must, by 30 June each year, provide the data required under Standards 6.13 and 6.14 for the previous calendar year, from:

2.     30 June 2027, for Providers that are Table A and B providers for the purposes of the Higher Education Support Act 2003 (Cth) as at 1 January 2026;

3.     30 June 2028, for all other Providers registered under the Tertiary Education Quality and Standards Agency Act 2011 (Cth) as at 1 January 2026;

4.     30 June of the first calendar year after the year in which they are registered, for any Providers that are registered under the Tertiary Education Quality and Standards Agency Act 2011 (Cth) after 1 January 2026.

5.            In accordance with Standard 6.12, a Provider must seek and provide to the Secretary, and may be required to publish, the following data:

6.     Data in relation to Gender-based Violence, in a form that can be disaggregated by Demographic Data, including: 

7.             the total number of Disclosures and Formal Reports;

8.           the total number of individual Disclosers and Respondents;

9.         the number of each type of Gender-based Violence;

10.          the mode that was used to make the Disclosure including in-person, online or through a third party; and

11.            the number of anonymous Disclosures.

12.     Data for each Disclosure and Formal Report of Gender-based Violence, including:

13.             the total number of Gender-based Violence incidents that required an immediate safety response and whether emergency services were required to attend;

14.           the number of Gender-based Violence Disclosures and Formal Reports that were based on a single experience/single type, or involved more than one experience/multiple types;

15.         the number of Disclosures that involved or alleged to be committed by a third party;

16.          the number of Disclosures that required a third party, including an interpreter, support person, legal representation or other;

17.            the location of each experience of Gender-based Violence;

18.          the number of risk assessments undertaken and support plans implemented by a Provider for Disclosures and Formal Reports;

19.       the number of Respondents required to relocate from Student Accommodation following the Disclosure;

20.     the number of Disclosures that progressed to a Formal Report and investigation;

21.          the number of Formal Reports that were resolved within 45 days; and

22.            if known, how satisfied the Discloser and Respondent were with the Providers response to the Gender-based Violence. 

23.     Data on the Provider’s Trauma-informed and Person-centred response following a Disclosure of Gender-based Violence, including: 

24.             the types of safety measures implemented as a result of the Disclosure and during investigation;

25.           the number and type of services and supports for Disclosers and Respondents, including academic adjustments;

26.         the number and proportion of Disclosures and Formal Reports that did not result in a disciplinary process and types of alternative processes or pathways undertaken; and

27.          the number and proportion of Disclosures and Formal Reports that resulted in no further action and at what stage of the process no further action was implemented.

28.     Data on the outcomes of each investigation and disciplinary process, including:

29.             the number of investigations and the number of disciplinary processes;

30.           the types of outcomes arising from a disciplinary process and the number of each particular outcome and the timeframe for the matter to be resolved;

31.         the number of Non-disclosure Agreements proposed by the Discloser and the number executed;

32.          the number of appeals and the types of outcomes arising from an appeal and the number of each particular outcome; and

33.            if known, how satisfied the Discloser and Respondent were with the Providers response to the Gender-based Violence disciplinary process.

34.     The Secretary may require the Provider to publish the data collected in accordance with this clause on the Provider’s website. 1.            In accordance with Standard 6.12, a Provider must seek and provide to the Secretary, and may be required to publish, the following data:

    1.                  for each Discloser and Respondent, their Demographic Data;
    2.                 if the Discloser or Respondent is a Student, their: 

35.             mode of attendance including full time/part time, on campus/online and for post-graduate students whether their enrolment is coursework or research;

36.           year of study (i.e. first year, second year etc);

37.         status as an Australian citizenship/international student and if international student, year of arrival in Australia, and Country of Birth; and

38.          accommodation status, including whether they are residing in Student Accommodation and, if so, the identity of the Student Accommodation Provider;

39.                  if the Discloser or Respondent is a member of Staff, their:

40.             basis of engagement, current classification and role function; and

41.           current course level status if enrolled as a Student; and

42.                 the Discloser’s relationship to the Respondent, whether:

43.             known, and in what capacity; or unknown.

Standard 7: Safe Student Accommodation ­– Student accommodation is safe for all students and staff.

Requirements:

Providers of directly owned, operated or managed Student Accommodation

1.                In addition to implementing the other requirements of the Code, in respect of Student Accommodation which the Provider directly owns, operates and/or manages, the Provider must:
2.     ask Student Accommodation Staff to declare whether they have been investigated for an allegation of Gender‑based Violence, or determined to have engaged in conduct that constitutes Gender-based Violence in similar positions, or during the course of any employment or engagement as a contractor, or otherwise in a legal process;
3.     consistently with the Provider's duty of care, take into consideration any declaration made under paragraph 7.1(a) and any risks arising from the declaration in determining the person's suitability for the position;
4.     take into consideration any substantiated allegation of Gender‑based Violence found by the Provider in the course of the employment or engagement of Student Accommodation Staff, with respect to their promotion or recognition;
5.     require Student Accommodation Staff to declare any existing or previous intimate personal relationship with a Resident of the Provider;
6.     where a declaration is made in accordance with paragraph 7.1(d), implement as necessary any conflict-of-interest or risk management plan that includes any necessary alternative arrangements; 
7.      require Residents, Student Accommodation Staff, and any Staff whose substantive role is in connection with the Student Accommodation, to undertake prevention and responding to Disclosures education and training that meets the requirements of Standard 3 and is tailored to the Student Accommodation environment;
8.     in its procedures relating to Gender-based Violence, include a requirement that the Provider must, for Disclosures or Formal Reports by or about a Resident, Student Accommodation Staff, or any Staff whose substantive role is in connection with the Student Accommodation:  1.      take all necessary immediate action proportionate to the risk arising from the Disclosure to ensure the safety of the Discloser, Residents and Student Accommodation Staff. This may include relocation of the Respondent to alternative accommodation and/or arranging available urgent support services for the Discloser and Respondent; 2.    undertake a risk assessment within 48 hours of receiving the Disclosure or Formal Report or immediately when required, that:
   1.      takes into account and seriously considers the views of the Discloser; and
   2.      determines safety measures to be implemented to protect the safety of the Discloser and other Residents, which may include relocation of the Respondent to alternative accommodation; 3. within 48 hours of a Disclosure or Formal Report, develop and implement a support plan collaboratively with, and as desired by, the Discloser in accordance with the relevant requirements in Standard 4; and 4. within 48 hours of a Disclosure or Formal Report, develop and implement a support plan collaboratively with, and as desired by, the Respondent in accordance with the relevant requirements in Standard 4; and
9.     require that, where the Provider determines the action to be necessary to protect the safety of Residents and after seeking and considering the views of the Discloser, the Provider permanently remove from the Student Accommodation a person who has had an allegation of Gender-based Violence against them substantiated.

Student Accommodation Providers which are not directly owned, operated or managed by a Provider but are otherwise under the Control of a Provider

Accountable Leadership and Governance

1.               A Provider must require that a Student Accommodation Provider prepare, implement and publish on its website a Whole-of-Organisation Prevention and Response Plan that:
2.     records the Student Accommodation Provider's Whole-of-Organisation approach to preventing and responding to Gender‑based Violence that prioritises the safety and support of Residents and Student Accommodation Staff;
3.     addresses the factors that drive and contribute to Gender-based Violence, as well as any factors relevant to the Student Accommodation Provider’s context; 
4.     records how the Student Accommodation Provider will implement the requirements in paragraphs 7.2 to 7.8 of the Code;
5.     includes a Whole-of-Organisation assessment that identifies systemic risks, enablers and barriers to preventing Gender‑based Violence;
6.     includes actions that will be taken in response to findings of the assessment;
7.      reflects the needs, experience and agency of all members of the Student Accommodation Provider’s community, particularly those members who are disproportionally affected by Gender‑based Violence, including women, First Nations people, culturally and linguistically diverse communities, people with disability and people of diverse sexual orientation and gender identity; and
8.     is developed through engagement and collaboration with Residents and Student Accommodation Staff, including in its design and implementation, and including those who have experienced Gender‑based Violence.
9.               A Provider must require that a Student Accommodation Provider monitor and measure the impact of the Prevention and Response Plan on an ongoing basis and update the Prevention and Response Plan at least every four years.

Safe Environments and Systems

1.               A Provider must have arrangements in place with a Student Accommodation Provider that:
2.     in relation to Student Accommodation Staff, require the Student Accommodation Provider to: 1.      ask Student Accommodation Staff to declare whether they have been investigated for an allegation of Gender‑based Violence, or determined to have engaged in conduct that constitutes Gender-based Violence in similar positions, or during the course of any employment or engagement as a contractor, or otherwise in a legal process; 2.    consistently with the Student Accommodation Provider's duty of care, take into consideration any declaration made under paragraph 7.4(a)(i) and any risks arising from the declaration in determining the person's suitability for the position; 3. take into consideration any substantiated allegation of Gender‑based Violence found by the Student Accommodation Provider in the course of the employment or engagement of Student Accommodation Staff, with respect to their promotion or recognition; 4. require Student Accommodation Staff to declare any existing or previous intimate personal relationship with a Resident of the Student Accommodation Provider; and 5.     where a declaration is made in accordance with paragraph 7.4(a)(iv), implement as necessary any conflict-of-interest or risk management plan that includes any necessary alternative arrangements;
3.     in relation to Non-disclosure Agreements and Non-disparagement Clauses: 1.      prohibit the use of a Non-disclosure Agreement, unless requested by the Discloser; 2.    if a Discloser requests the use of a Non‑Disclosure Agreement in relation to Gender‑based Violence, any such agreement with the Student Accommodation Provider must not stop the Discloser from sharing their experience for the purpose of seeking support and advice or the Student Accommodation Provider from complying with their reporting obligations under the Code; and 3. any settlement terms agreed between the Discloser and the Student Accommodation Provider must not contain a Non-disparagement Clause that could have the effect of requiring the Discloser to keep their experience of Gender‑based Violence confidential; and
4.     in relation to Policies and Procedures: 1.      adopt the Provider's Policies and Procedures on preventing and responding to Gender-based Violence; or 2.    have and implement a Policy on preventing and responding to Gender-based Violence that applies to Residents and Student Accommodation Staff, that:
   1.      provides information on the factors that drive and contribute to Gender-based Violence, as well as any factors relevant to the Student Accommodation Provider’s context;
   2.      is Person‑centred and Trauma‑informed in its content and application;
   3.      adopts the definition of Gender‑based Violence as defined in the Code;
   4.      clearly states that Gender‑based Violence is unacceptable;
   5.       includes information on available support services in relation to Gender-based Violence;
   6.       complies with the applicable obligations under Standard 5, as applicable, as if every reference to Provider was a reference to Student Accommodation Provider;
   7.      includes information on procedures in relation to a Disclosure or Formal Report of Gender-based Violence; and
   8.      is publicly available, drafted in plain English and able to be translated into different languages; 3. develop and review the Policy referred to at 7.4(c)(ii) at least every three years, following engagement and collaboration with:
   9.      Residents;
   10.      Student Accommodation Staff;
   11.      those groups who are disproportionately affected by Gender‑based Violence, including women, First Nations people culturally and linguistically diverse communities, people with disability and people of diverse sexual orientation and gender identity;
   12.      those who have experienced Gender‑based Violence; and
   13.       subject matter experts on Gender‑based Violence; and 4. enable the Provider, upon the Provider's request, to review the policies and/or procedures of the Student Accommodation Provider relating to Gender-based Violence and provide feedback for the purposes of ensuring compliance with this Standard 7.

Knowledge and Capability

1.               A Provider must have arrangements in place with a Student Accommodation Provider in relation to training and education, and prevention initiatives that:
2.     require all Residents and Student Accommodation Staff to complete prevention and responding to Disclosures education and training, which is delivered or approved by the Provider, meets the requirements in Standard 3 and is tailored to the Student Accommodation environment;
3.     require Student Accommodation Providers to promote and widely disseminate evidence-informed prevention communication and key messaging tailored to a Student Accommodation environment; and
4.     require any prevention initiatives, including programs and campaigns, delivered by the Student Accommodation Provider to be evidence-based and evaluated, and evaluation findings must inform future prevention initiatives.
5.               A Provider must have arrangements in place with a Student Accommodation Provider to ensure that risk assessments are only undertaken by persons who have the expertise and experience in paragraph 3.14 of Standard 3. Where a Student Accommodation Provider does not have Staff with the necessary expertise and experience to conduct a risk assessment, the Student Accommodation Provider must engage a who has the necessary expertise and experience.

Safety and Support

1.               A Provider must have arrangements in place with a Student Accommodation Provider that, in relation to Disclosures require the Student Accommodation Provider to:
2.     ensure that its responses, practices and support services are safe, Person‑centred and consistent with a Trauma‑informed approach;
3.     provide or facilitate access to support services to persons making Disclosures and/or Formal Reports and to Respondents, including explaining the available support services available, including supports relevant to educational outcomes; 
4.     actively promote and make widely available information about how Residents and Student Accommodation Staff can access policies and procedures and internal and/or external support services. This information must be accessible and publicly available, drafted in plain English and able to be translated into different languages;
5.     undertake a risk assessment in response to all Disclosures and Formal Reports of Gender-based Violence and manage and monitor any identified risks on an ongoing basis;
6.     in circumstances where a Disclosure relates to conduct that occurred in Student Accommodation or at an event organised by a Student Accommodation Provider: 1.      take all necessary immediate action proportionate to the risk arising from the Disclosure to ensure the safety of the Discloser or other Residents or Student Accommodation Staff. This may include relocation of the Respondent to alternative accommodation and/or arranging available urgent support services for the Discloser and Respondent; 2.    enable a Discloser to elect that the Provider leads the response to the Disclosure, including supports, and any investigation and/or disciplinary process, and if the Discloser so elects, require the Student Accommodation Provider to:
   1.      co-operate fully with the Provider in leading the response to the Disclosure, including information sharing; and
   2.      implement any outcomes decided by the Provider; and 3. in circumstances where a Discloser elects the Student Accommodation Provider to lead the response to the Disclosure:
   3.      undertake a risk assessment within 48 hours of receiving the Disclosure or Formal Report or immediately when required:
   4.             which must take into account and seriously consider the views of the Discloser; and
   5.             to determine safety measures to be implemented to protect the safety of the Discloser and other Residents, including relocation of the Respondent to alternative accommodation;
   6.      immediately implement any safety measures identified by the risk assessment;
   7.      manage and monitor any identified risks; and
   8.      provide information to the Provider about a Disclosure, including informing the Provider of the outcome of the risk assessment and for assistance with managing and monitoring any identified risks:
   9.             with the consent of the Discloser; or
   10.             where as a result of the risk assessment in paragraph 7.7(e)(iii)(A), it is reasonably necessary to provide that information to the Provider to protect the wellbeing and safety of Students and/or Student Accommodation Staff; or
   11.             where such information is confined to the fact that a Disclosure has occurred and how that Disclosure is being managed by the Student Accommodation Provider consistently with the Code and the affiliation agreement, and is provided in a manner which does not and would not identify the Discloser.
   12.       within 48 hours of a Disclosure or Formal Report develop and implement a support plan collaboratively with and as desired by the Discloser in accordance with the relevant requirements in Standard 4; and
   13.       within 48 hours of a Disclosure or Formal Report, develop and implement a support plan collaboratively with and as desired by the Respondent in accordance with the relevant requirements in Standard 4.
7.               A Provider must have arrangements in place with a Student Accommodation Provider that requires data collection and reporting to the Provider consistent with Standard 6 of this Code, as applicable.

Affiliated Student Accommodation Providers

1.               A Provider that has an existing legally binding agreement or other legally binding arrangement in place with an Affiliated Student Accommodation Provider must do everything reasonably possible within its power to procure the Affiliated Student Accommodation Provider to vary, supplement or otherwise amend that agreement or arrangement so that it meets the requirements set out in paragraphs 7.2 to 7.8, as if any reference to a Student Accommodation Provider was a reference to an Affiliated Student Accommodation Provider.
2.           If a Provider does not have a legally binding agreement or other legally binding arrangement in place with an existing Affiliated Student Accommodation Provider or if a Provider is proposing to enter into an agreement, arrangement or understanding with a new Affiliated Student Accommodation Provider, the Provider must do everything reasonably possible within its power to enter into a legally binding written agreement or other legally binding arrangement with that Affiliated Student Accommodation Provider that meets the requirements set out in paragraphs 7.2 to 7.8, as if any reference to a Student Accommodation Provider was a reference to an Affiliated Student Accommodation Provider.
3.           Where an Affiliated Student Accommodation Provider does not agree to implement an agreement that meets the requirements in paragraph 7.9 or paragraph 7.10 (as applicable), a Provider:
4.     must report to the Secretary, who may publish, the name of the Affiliated Student Accommodation Provider; and
5.     must not: 1.      authorise the Affiliated Student Accommodation Provider to continue to use the Provider's intellectual property or any domain names of the Provider; or 2.    advertise, market or promote the Affiliated Student Accommodation Provider, including to the Provider's Students; or 3. have any agreement in place to reserve spaces for Students.

Reporting

1.           The Secretary may require a Provider to report on how it has complied with its obligations under this Standard in a manner and form to be prescribed by the Secretary.
2.           A Provider must, by 30 June each year commencing after the Initial Reporting Date, provide to the Secretary the names of:
3.     the Student Accommodation which the Provider directly owns, operates and/or manages; 
4.     the Student Accommodation that it Controls; and
5.     the Student Accommodation to which it is Affiliated.

Definitions

Accredited Specialist means a person who meets the following criteria:

1.     a psychologist, social worker or counsellor registered or accredited with their relevant industry body; and
2.     has undertaken formal training in supporting people affected by Gender-based Violence, including Trauma-informed practice; and
3.     has undertaken training to build competency in working with specific cohorts including First Nations people, culturally and linguistically diverse communities, people with disability and people of diverse sexual orientation and gender identity.

Affiliated and Affiliation have the non-exhaustive meaning ascribed to those terms by the definition of Affiliated Student Accommodation Provider.

Affiliated Organisation means an organisation that uses the Provider’s intellectual property in its name, marketing, recruitment, or governance documents.

Affiliated Student Accommodation Provider means a provider of accommodation to Students that is not a Student Accommodation Provider or Provider, but is nevertheless affiliated with a Provider, including (without limitation) by:

1.     any statute, constitution or similar legal instrument that governs or otherwise regulates the Provider; or
2.     having a service agreement or other agreement with the Provider; or
3.     operating on the Provider’s lands; or
4.     being authorised by the Provider to use that Provider’s intellectual property in its recruitment or marketing materials or on its website; or
5.     being listed by the Provider on its website as ‘student accommodation’ or being promoted by the Provider in its recruitment or marketing material.

Code means the National Higher Education Code to Prevent and Respond to Gender-based Violence.

Control means the practical capacity of one entity to determine the outcome of decisions about another entity's financial and operating policies and otherwise has the meaning in section 50AA of the Corporations Act 2001 (Cth).

De-identified has the same meaning as in the Privacy Act 1988 (Cth).

Demographic Data means a person's:

1.     sex;
2.     gender identity;
3.     sexual orientation;
4.     year of birth;
5.     race / ethnicity;
6.      religion;
7.     country of birth of person;
8.     language/s used at home;
9.      requirement for an interpreter;
10.      Indigenous status; and
11.     disability status.

Discloser means a person who has shared information about their experience of Gender-based Violence.

Disclosure means the provision of information about a person's experience of Gender-based Violence to a Provider by the Discloser or another person.

Ethical Bystander means a person who witnesses an event that is disrespectful or harmful and chooses to intervene in a way that is safe and effective.

Formal Report means the provision through formal reporting channels of information about their experience of Gender-based Violence by a Discloser to a Provider, which requires the Provider to consider taking steps beyond the offer and provision of support services, including (without limitation) the commencement of an investigation and/or a disciplinary process in appropriate circumstances.

Gender‑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.

Governing Body means the formally constituted governing body of the Provider for the purposes of the Higher Education Standards Framework made under the Tertiary Education Quality and Standards Agency Act 2011(Cth).

Higher Education Principal Executive Officer has the same meaning as in the Ombudsman Act 1976 (Cth).

Initial Reporting Date means 1 January 2026, or for Providers that are registered under the Tertiary Education Quality and Standards Agency Act 2011(Cth) after 1 January 2026, the date on which compliance with the Code commences for that Provider.

Leadership means the Higher Education Principal Executive Officer and the Governing Body.

National Student Ombudsman means the National Student Ombudsman established under Part IIF of the Ombudsman Act 1976 (Cth).

Non-disclosure Agreement means an agreement, including a deed of release or settlement agreement, that requires particular details to be kept confidential as part of reaching a settlement.

Non-disparagement Clause means a clause in an agreement that requires the parties not to say things about each other that are critical, dismissive or disrespectful.

Person-centred means ensuring that the Discloser's needs and preferences are at the centre of decisions made in response to the Disclosure. The response systems, Policies and Procedures affirm the Discloser's dignity and support their healing by genuinely considering their wishes and the impact that decisions may have on them, while at all times ensuring the safety and wellbeing of the Discloser and other Students and Staff.

Policies means a document approved in accordance with a Provider's governance framework, which binds the Provider and its Students and Staff, and includes without limitation statutes, regulations, by-laws, policies, procedures and guidelines.

Prevention and Response Plan means the plan prepared by a Provider in accordance with Standard 1 or the plan prepared by a Student Accommodation Provider / Affiliated Student Accommodation Provider in accordance with Standard 7and, where the context requires it, means any revised Prevention and Response Plan.

Privacy Laws means the Privacy Act 1988 (Cth) and any other privacy laws applicable to a Provider under the laws of the relevant State or Territory.

Procedural Fairness in a decision-making context, means the decision is made in accordance with the rule against bias and the hearing rule (i.e., a Respondent is given an opportunity to present their case with knowledge of any prejudicial material that may be taken into account by the decision-maker).

Procedures means Policies that govern a Provider's response to a Disclosure or Formal Report of Gender-based Violence.

Provider has the same meaning as 'registered higher education provider' under the Tertiary Education Quality and Standards Agency Act 2011 (Cth).

Resident means a person that resides in Student Accommodation.

Respondent means a person whom it is alleged has engaged in conduct that amounts to Gender-based Violence.

Secretary means the Secretary of the Department of Education.

Staff has the same meaning as 'worker' under the Model Work Health and Safety Act.

Student means a person who is enrolled as a student with the Provider or is undertaking a course of study or a unit of study with a Provider. Without limitation, it includes students undertaking higher degrees by research, non-award study, enabling or bridging courses, foundation programs and vocational education and training courses.

Student Accommodation means accommodation offered or provided to a Student by:

1.     a Provider directly;
2.     a Student Accommodation Provider; or
3.     an Affiliated Student Accommodation Provider

but in each case does not include any of the following accommodation:

1.     accommodation arranged under a homestay program where Students are offered opportunities to live with local families;
2.     rental properties that are leased through residential tenancy agreements with a private landlord and are not offered exclusively for accommodation for Students;
3.      rental properties that are in premises used for student accommodation and are owned by individual landlords and leased through residential tenancy agreements; or
4.     hotels or serviced apartments that are used to provide temporary accommodation for Students.

Student Accommodation Provider means a provider of Student Accommodation that is not itself directly owned, managed and/or operated by a Provider but is nevertheless under the Control of the Provider.

Student Accommodation Staff means pastoral care leader, residential student advisers and equivalents employed or engaged by a Provider, Student Accommodation Provider or Affiliated Student Accommodation Provider, including in a non-paid capacity.

Trauma-informed means an approach that applies the core principles of safety (physical, psychological and emotional), trust, choice, collaboration and empowerment. It should minimise the risk of re-traumatisation and promote recovery and healing to the greatest extent possible.

Whole-of-Organisation means an approach applied across all areas of a Provider’s operations, including any Student Accommodation which it directly owns, operates and/or manages, or the operations of a Student Accommodation Provider or Affiliated Student Accommodation Provider as the context requires it, and at all levels that is evidence-informed, uses multiple strategies and is subject to ongoing monitoring and evaluation, including in respect to:

1.     leadership, culture and environment;
2.     structures, norms and practices;
3.     systems and infrastructure;
4.     service delivery, such as curriculum, teaching and learning;
5.     Policies and Procedures;
6.      management and governance;
7.     community engagement;
8.     business;
9.      research; and
10.      partnerships.

Working with Children Check means a working with children or vulnerable people check, registration or clearance, as the case may be, in accordance with the laws of the relevant State or Territory in which the person is employed or otherwise engaged.