Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025

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Commonwealth Coat of Arms of Australia

 

 

 

 

 

 

Universities Accord (National Higher Education Code to Prevent and Respond to Gender‑based Violence) Act 2025

No. 34, 2025

 

 

 

 

 

An Act to provide for a national higher education code to prevent and respond to gender‑based violence, and for related purposes

 

 

 

Contents

Part 1—Preliminary

Division 1—Preliminary

1 Short title

2 Commencement

3 Objects of this Act

4 Simplified outline of this Act

Division 2—Definitions

5 Definitions

Division 3—General application of this Act

6 Crown to be bound

7 Extension to external Territories

8 Concurrent operation of State and Territory laws

Part 2—Basic principles for regulation

Division 1—Simplified outline of this Part

9 Simplified outline of this Part

Division 2—Basic principles for regulation

10 Basic principles for regulation

11 Principle of regulatory necessity

12 Principle of proportionate regulation

13 Application to authorised officers

Part 3—The national code

Division 1—Simplified outline of this Part

14 Simplified outline of this Part

Division 2—The national code

15 The national code

16 Purpose of the national code

17 Contents of the national code

18 Notification of the national code

Part 4—Obligations of higher education providers

Division 1—Simplified outline of this Part

19 Simplified outline of this Part

Division 2—Obligations of higher education providers

20 Provider must comply with the national code

21 Keeping records

22 Giving information to the Secretary

23 Notifying Secretary of changes to information or other events

24 Provider must not give false or misleading information

Part 5—Powers and officials

Division 1—Simplified outline of this Part

25 Simplified outline of this Part

Division 2—Providing education, guidance and advice

26 Secretary may provide education, guidance and advice

Division 3—Requiring information

27 Secretary may require certain persons to give information etc.

28 Secretary may retain documents and things

29 Returning documents or things produced

30 Disposal if documents or things cannot be returned

31 Self‑incrimination

Division 4—Compliance notices

32 Compliance notices

Division 5—Authorised officers

33 Authorised officers

Part 6—Compliance and enforcement

Division 1—Simplified outline of this Part

34 Simplified outline of this Part

Division 2—Regulatory powers

35 Monitoring powers

36 Investigation powers

37 Civil penalty provisions

38 Infringement notices

39 Enforceable undertakings

40 Injunctions

Part 7—Management of information

Division 1—Simplified outline of this Part

41 Simplified outline of this Part

Division 2—Management of information

42 Authorised disclosure and use of protected information

43 Disclosing information to the public—general

44 Disclosing information to the public—information specified in the national code

Part 8—Miscellaneous

Division 1—Simplified outline of this Part

45 Simplified outline of this Part

Division 2—Delayed application of certain provisions

46 Delayed application of certain provisions

Division 3—Miscellaneous

47 Annual report

48 Delegation by Secretary

49 Compensation for acquisition of property

50 Rules

 

Commonwealth Coat of Arms of Australia

 

 

Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025

No. 34, 2025

 

 

 

An Act to provide for a national higher education code to prevent and respond to gender‑based violence, and for related purposes

[Assented to 28 August 2025]

The Parliament of Australia enacts:

Part 1—Preliminary

Division 1—Preliminary

1  Short title

  This Act is the Universities Accord (National Higher Education Code to Prevent and Respond to Gender‑based Violence) Act 2025.

2  Commencement

 (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.

 

• Commencement information
• Column 1 Column 2 Column 3
• Provisions Commencement Date/Details
• 1. The whole of this Act The day after this Act receives the Royal Assent. 29 August 2025

Note: 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.

 (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.

3  Objects of this Act

  The objects of this Act are:

 (a) to reduce the incidence of gender‑based violence in higher education; and

 (b) to establish national standards and requirements for higher education providers to prevent and respond to gender‑based violence; and

 (c) to establish a regulatory framework to monitor and enforce compliance with the national standards and requirements.

4  Simplified outline of this Act

This Act provides for a national code, the National Higher Education Code to Prevent and Respond to Gender‑based Violence.

The 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.

The 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.

A 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.

The 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).

The 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.

There 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).

Division 2—Definitions

5  Definitions

  In this Act:

Australia, when used in a geographical sense, includes the external Territories.

authorised officer means a person appointed as an authorised officer under section 33.

civil penalty provision has the same meaning as in the Regulatory Powers Act.

Commonwealth body includes a Department of State and an authority or agency of the Commonwealth.

constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

evidential material has the same meaning as in the Regulatory Powers Act.

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.

higher education provider means a registered higher education provider (within the meaning of the TEQSA Act) that is:

 (a) a constitutional corporation; or

 (b) a body corporate that is established by or under a law of the Commonwealth or a Territory.

national code means the National Higher Education Code to Prevent and Respond to Gender‑based Violence in force under Part 3.

National Student Ombudsman means the National Student Ombudsman established by section 21AB of the Ombudsman Act 1976.

premises includes the following:

 (a) a structure, building, vehicle, vessel or aircraft;

 (b) a place (whether or not enclosed or built on);

 (c) a part of a thing referred to in paragraph (a) or (b).

protected information has the meaning given by subsection 42(5).

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

rules means rules made by the Minister under section 50.

Secretary means the Secretary of the Department.

State or Territory body includes a Department of State and an authority or agency of the State or Territory.

TEQSA (short for Tertiary Education Quality and Standards Agency) has the same meaning as in the TEQSA Act.

TEQSA Act means the Tertiary Education Quality and Standards Agency Act 2011.

Division 3—General application of this Act

6  Crown to be bound

  This Act binds the Crown in each of its capacities.

7  Extension to external Territories

  This Act extends to the external Territories.

8  Concurrent operation of State and Territory laws

  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.

Part 2—Basic principles for regulation

Division 1—Simplified outline of this Part

9  Simplified outline of this Part

This Part sets out basic principles that the Secretary and authorised officers must comply with when exercising powers under this Act.

Division 2—Basic principles for regulation

10  Basic principles for regulation

  The Secretary must comply with the following principles when exercising a power under this Act in relation to a higher education provider:

 (a) the principle of regulatory necessity;

 (b) the principle of proportionate regulation.

11  Principle of regulatory necessity

  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.

12  Principle of proportionate regulation

  The Secretary complies with the principle of proportionate regulation if the Secretary’s exercise of the power is in proportion to:

 (a) any non‑compliance; or

 (b) any risk of future non‑compliance;

by the higher education provider with this Act and legislative instruments made under this Act.

13  Application to authorised officers

  This Part applies to an authorised officer in a corresponding way to the way it applies to the Secretary.

Part 3—The national code

Division 1—Simplified outline of this Part

14  Simplified outline of this Part

This Part provides for the Minister to make the National Higher Education Code to Prevent and Respond to Gender‑based Violence, by legislative instrument.

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, and the national code may impose requirements on higher education providers in connection with that purpose.

Division 2—The national code

15  The national code

  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.

Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

16  Purpose of the national code

 (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:

 (a) study, work, social and living environments are safe, respectful and inclusive for staff and students; and

 (b) providers work to prevent, reduce and eliminate gender‑based violence to the greatest extent possible; and

 (c) providers effectively respond to gender‑based violence in a way that prioritises and protects safety, health and wellbeing; and

 (d) providers address the factors that drive and contribute to gender‑based violence; and

 (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.

 (2) Without limiting subsection (1), the national standards that the national code may provide include standards relating to:

 (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

 (b) gender‑based violence that occurs on premises owned or controlled by a provider, or in any other place.

17  Contents of the national code

 (1) The national code may impose requirements on higher education providers in connection with the purpose of the national code.

Note: A higher education provider that fails to comply with a requirement may be liable to a civil penalty (see section 20).

 (2) Without limiting subsection (1), the national code may do any of the following:

 (a) require providers to have particular governance arrangements in place for the purposes of preventing and responding to gender‑based violence;

 (b) require providers to prepare, and give effect to, plans, policies and procedures for preventing and responding to gender‑based violence;

 (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;

 (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;

 (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;

 (f) require providers to make support services available to people who have experienced gender‑based violence;

 (g) impose requirements on providers in relation to student accommodation;

 (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);

 (i) require providers to prepare reports relating to gender‑based violence;

 (j) require providers to provide plans, policies, procedures and reports to the Secretary;

 (k) require providers to collect information (which may include personal information within the meaning of the Privacy Act 1988) relating to gender‑based violence;

 (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;

 (m) require providers to provide other information (which may include personal information within the meaning of the Privacy Act 1988) to the Secretary;

 (n) require providers to publish information (other than personal information within the meaning of the Privacy Act 1988) relating to gender‑based violence;

 (o) require plans, reports and other information to be in a form approved by the Secretary;

 (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;

 (q) include any other matters that the Minister considers are necessary or convenient to give effect to the purpose of the national code.

 (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.

18  Notification of the national code

 (1) The Secretary must give each higher education provider written notice of:

 (a) the making or amendment of the national code; and

 (b) the day on which the national code or amendment takes effect for the provider; and

 (c) the way in which the provider may access the text of the national code in force on that day.

 (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.

 (3) A notice given under subsection (1) is not a legislative instrument.

Part 4—Obligations of higher education providers

Division 1—Simplified outline of this Part

19  Simplified outline of this Part

A higher education provider that fails to comply with a requirement under the national code may be liable to a civil penalty.

This 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.

Division 2—Obligations of higher education providers

20  Provider must comply with the national code

  A higher education provider is liable to a civil penalty if:

 (a) the provider is subject to a requirement under the national code; and

 (b) the provider fails to comply with the requirement.

Note: 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.

Civil penalty: 200 penalty units.

21  Keeping records

 (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.

 (2) The rules may make provision in relation to:

 (a) the kinds of records that must be kept; and

 (b) the manner and form in which the records must be kept.

 (3) The records must be retained for 7 years.

Civil penalty provision

 (4) A higher education provider is liable to a civil penalty if:

 (a) the provider is subject to a requirement under this section; and

 (b) the provider fails to comply with the requirement.

Civil penalty: 60 penalty units.

22  Giving information to the Secretary

 (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.

 (2) The rules may provide for any or all of the following for the purposes of subsection (1):

 (a) the information that must be given;

 (b) when the information must be given;

 (c) the manner and form in which the information must be given;

 (d) timeframes for the giving of information.

 (3) The information mentioned in paragraph (2)(a) may include personal information (within the meaning of the Privacy Act 1988).

Civil penalty provision

 (4) A higher education provider is liable to a civil penalty if:

 (a) the provider is subject to a requirement under this section; and

 (b) the provider fails to comply with the requirement.

Civil penalty: 60 penalty units.

23  Notifying Secretary of changes to information or other events

 (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:

 (a) that information given to the Secretary by the provider under section 22 is, or has become, inaccurate in a material particular; or

 (b) that the provider has contravened this Act or a legislative instrument made under this Act; or

 (c) that the provider is likely, in the future, to contravene this Act or a legislative instrument made under this Act.

 (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.

Civil penalty provision

 (3) A higher education provider is liable to a civil penalty if:

 (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

 (b) the provider fails to notify the Secretary of the matter in accordance with subsection (2).

Civil penalty: 60 penalty units.

24  Provider must not give false or misleading information

 (1) A higher education provider is liable to a civil penalty if:

 (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

 (b) the information or document:

 (i) is false or misleading; or

 (ii) omits any matter or thing without which the information or document is misleading.

Civil penalty: 60 penalty units.

 (2) Subsection (1) does not apply if the information or document is not false or misleading in a material particular.

Note 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).

Note 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).

Part 5—Powers and officials

Division 1—Simplified outline of this Part

25  Simplified outline of this Part

This Part confers various functions and powers on the Secretary.

Division 2 provides for the Secretary to provide education, guidance and general advice to higher education providers.

Division 3 includes provisions for the Secretary to require higher education providers and other people to give information to the Secretary.

Division 4 provides for the Secretary to give compliance notices to higher education providers.

Division 5 provides for the Secretary to authorise officers to perform various functions and exercise various powers under the regulatory powers provisions in Part 6.

When 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.

Division 2—Providing education, guidance and advice

26  Secretary may provide education, guidance and advice

 (1) The Secretary may provide education, guidance and general advice to higher education providers for the purposes of:

 (a) promoting and supporting compliance with this Act and legislative instruments made under this Act; and

 (b) building understanding, among higher education providers, of:

 (i) the causes of gender‑based violence; and

 (ii) factors that contribute to gender‑based violence; and

 (c) promoting best practice in relation to preventing and responding to gender‑based violence; and

 (d) promoting evidence‑informed prevention of, and responses to, gender‑based violence.

 (2) This section does not limit the powers and functions of the Secretary.

Division 3—Requiring information

27  Secretary may require certain persons to give information etc.

 (1) This section applies to a person if the Secretary reasonably believes that:

 (a) the person:

 (i) is a higher education provider; or

 (ii) is, or was, connected with a higher education provider; and

 (b) the person is capable of giving information, or producing a document or a thing, that is relevant to:

 (i) the Secretary’s functions under this Act or a legislative instrument made under this Act; or

 (ii) assessing the higher education provider’s compliance with this Act or a legislative instrument made under this Act.

 (2) The Secretary may, by written notice given to the person, require the person:

 (a) to give the information to the Secretary; or

 (b) to produce the document or thing to the Secretary; or

 (c) to make copies of the document and produce the copies to the Secretary;

within the period and in the manner specified in the notice.

 (3) The notice:

 (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

 (b) must set out the effect of subsection (5).

 (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).

Civil penalty provision

 (5) A person is liable to a civil penalty if:

 (a) the person is given a notice under subsection (2); and

 (b) the person fails to comply with the notice.

Civil penalty: 60 penalty units.

Copying documents—reasonable compensation

 (6) A person is entitled to be paid by the Commonwealth reasonable compensation for complying with a requirement under paragraph (2)(c).

28  Secretary may retain documents and things

Secretary may retain documents and things

 (1) If a document (including a copy of a document), or a thing, is produced to the Secretary under section 27, the Secretary:

 (a) may take possession of, and may make copies of, the document or thing; and

 (b) may retain possession of the document or thing for such period as is necessary:

 (i) for the purposes of this Act or a legislative instrument made under this Act; or

 (ii) for the purposes of monitoring compliance with this Act or a legislative instrument made under this Act; or

 (iii) for the purposes of investigating a contravention or apparent contravention of a civil penalty provision of this Act; or

 (iv) to enable evidence to be secured for the purposes of a civil penalty proceeding.

Access and certified copy to be provided

 (2) Subsections (3) to (5) apply to a document produced under paragraph 27(2)(b).

 (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.

 (4) The certified copy must be received in all courts and tribunals as evidence as if it were the original.

 (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.

29  Returning documents or things produced

 (1) If:

 (a) a document (other than a copy of a document) or thing is produced to the Secretary under section 27; and

 (b) the Secretary can no longer retain the document or thing under paragraph 28(1)(b);

the 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.

 (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).

30  Disposal if documents or things cannot be returned

  The Secretary may dispose of a document or thing in such manner as the Secretary considers appropriate if:

 (a) the document or thing is produced to the Secretary under section 27; and

 (b) under section 29, the Secretary is required to take reasonable steps to return the document or thing to a person; and

 (c) either:

 (i) the Secretary cannot, despite making reasonable efforts, locate the person; or

 (ii) the person has refused to take possession of the document or thing.

31  Self‑incrimination

 (1) A person is not excused from:

 (a) giving information; or

 (b) producing a document (including a copy of a document) or thing;

under section 27 on the ground that doing so might tend to incriminate the person or expose the person to a penalty.

 (2) However, in the case of an individual, none of the following:

 (a) the information given;

 (b) the document, copy or thing produced;

 (c) the giving of the information or the producing of the document, copy or thing;

 (d) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the document, copy or thing;

is admissible in evidence against the individual:

 (e) in civil proceedings for the recovery of a penalty; or

 (f) in criminal proceedings, other than proceedings for an offence against:

 (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

 (ii) section 149.1 of the Criminal Code (which deals with obstruction of Commonwealth public officials) that relates to this Act.

Division 4—Compliance notices

32  Compliance notices

Grounds for giving compliance notice

 (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.

Content of compliance notice

 (2) The compliance notice must:

 (a) set out the name of the higher education provider to which the notice is given; and

 (b) set out brief details of the non‑compliance or possible non‑compliance; and

 (c) specify action that the provider must take, or refrain from taking, in order to address the non‑compliance or possible non‑compliance; and

 (d) specify a reasonable period within which the provider must take, or refrain from taking, the specified action; and

 (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

 (f) set out the effect of subsection (4).

Compliance notice is not a legislative instrument

 (3) A compliance notice is not a legislative instrument.

Civil penalty provision

 (4) A higher education provider is liable to a civil penalty if:

 (a) the provider is given a compliance notice under this section; and

 (b) the provider fails to comply with the compliance notice.

Civil penalty: 60 penalty units.

Variation and revocation of compliance notice

 (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.

Note: A variation could, for example, specify different action to be taken by the provider or a different period for complying with the notice.

 (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).

Compliance notice not required before taking other action

 (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.

Note: For example, a compliance notice is not required before issuing an infringement notice under section 38.

Division 5—Authorised officers

33  Authorised officers

 (1) The Secretary may, in writing, appoint an APS employee in the Department to be an authorised officer for the purposes of this Act.

 (2) The Secretary must not appoint a person to be an authorised officer unless:

 (a) the person is:

 (i) classified as Executive Level 1 or equivalent, or higher; or

 (ii) acting in a position usually occupied by an APS employee who is so classified; and

 (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.

 (3) An authorised officer must, in exercising powers as an authorised officer, comply with any directions of the Secretary.

Part 6—Compliance and enforcement

Division 1—Simplified outline of this Part

34  Simplified outline of this Part

This 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.

Division 2—Regulatory powers

35  Monitoring powers

Provisions subject to monitoring

 (1) A provision is subject to monitoring under Part 2 of the Regulatory Powers Act if it is:

 (a) a provision of this Act; or

 (b) a provision of a legislative instrument made under this Act.

Note: 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.

Information subject to monitoring

 (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.

Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.

Authorised applicant

 (3) For the purposes of Part 2 of the Regulatory Powers Act, the Secretary is an authorised applicant.

Authorised person

 (4) For the purposes of Part 2 of the Regulatory Powers Act, an authorised officer is an authorised person.

Issuing officer

 (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).

Relevant chief executive

 (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).

Note: For delegation by the Secretary, see section 48.

Relevant court

 (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):

 (a) the Federal Court of Australia;

 (b) the Federal Circuit and Family Court of Australia (Division 2).

Person assisting

 (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).

Extension to external Territories

 (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.

36  Investigation powers

Provisions subject to investigation

 (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.

Note: 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.

Authorised applicant

 (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).

Authorised person

 (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).

Issuing officer

 (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).

Relevant chief executive

 (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).

Note: For delegation by the Secretary, see section 48.

Relevant court

 (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):

 (a) the Federal Court of Australia;

 (b) the Federal Circuit and Family Court of Australia (Division 2).

Person assisting

 (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).

Extension to external Territories

 (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.

37  Civil penalty provisions

Enforceable civil penalty provisions

 (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.

Note: 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.

Authorised applicant

 (2) For the purposes of Part 4 of the Regulatory Powers Act, the Secretary is an authorised applicant.

Relevant court

 (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:

 (a) the Federal Court of Australia;

 (b) the Federal Circuit and Family Court of Australia (Division 2).

Liability of Crown

 (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.

Extension to external Territories

 (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.

38  Infringement notices

Provisions subject to an infringement notice

 (1) A civil penalty provision of this Act is subject to an infringement notice under Part 5 of the Regulatory Powers Act.

Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

Infringement officer

 (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).

Relevant chief executive

 (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).

Note: For delegation by the Secretary, see section 48.

Liability of Crown

 (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.

Extension to external Territories

 (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.

39  Enforceable undertakings

Enforceable provisions

 (1) The following provisions of this Act are enforceable under Part 6 of the Regulatory Powers Act:

 (a) a provision of this Act;

 (b) a provision of a legislative instrument made under this Act.

Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.

Authorised person

 (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).

Relevant court

 (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):

 (a) the Federal Court of Australia;

 (b) the Federal Circuit and Family Court of Australia (Division 2).

Publication of undertakings

 (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.

Extension to external Territories

 (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.

40  Injunctions

Enforceable provisions

 (1) The provisions of this Act are enforceable under Part 7 of the Regulatory Powers Act.

Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.

Authorised person

 (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).

Relevant court

 (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):

 (a) the Federal Court of Australia;

 (b) the Federal Circuit and Family Court of Australia (Division 2).

Extension to external Territories

 (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.

Part 7—Management of information

Division 1—Simplified outline of this Part

41  Simplified outline of this Part

This Part provides for the use, disclosure and publication of certain kinds of information obtained under this Act or legislative instruments made under this Act.

Division 2—Management of information

42  Authorised disclosure and use of protected information

Disclosure

 (1) The Secretary may disclose protected information to:

 (a) the Minister; or

 (b) a person employed by the Minister under the Members of Parliament (Staff) Act 1984; or

 (c) TEQSA for purposes connected with the performance of functions, or the exercise of powers, of TEQSA; or

 (d) the National Student Ombudsman for purposes connected with the performance of functions, or the exercise of powers, of the National Student Ombudsman; or

 (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

 (f) an officer or employee of a State or Territory, or a State or Territory body, for the purposes of:

 (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

 (ii) assisting the State, Territory or body in eliminating, so far as is possible, discrimination against persons on the ground of gender.

Note: For Commonwealth body and State or Territory body, see section 5.

 (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.

 (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.

Use

 (4) The Secretary may use protected information:

 (a) for the purposes of promoting compliance with this Act or legislative instruments made under this Act; or

 (b) in performing functions, or exercising powers, under this Act or legislative instruments made under this Act.

Protected information

 (5) In this Act:

protected information means:

 (a) personal information within the meaning of the Privacy Act 1988; or

 (b) information relating to a higher education provider;

that was obtained under, or for the purposes of, this Act or a legislative instrument made under this Act.

43  Disclosing information to the public—general

 (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:

 (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);

 (b) the results of taking actions referred to in paragraph (a), including:

 (i) recommendations for improvements that were given to a higher education provider; and

 (ii) action (if any) taken by the provider to implement the recommendations;

 (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);

 (d) compliance notices given to a higher education provider under section 32.

 (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:

 (a) that the Secretary proposes to disclose information to the public in relation to the provider; and

 (b) the particular information that is proposed to be disclosed; and

 (c) the manner in which the information is proposed to be disclosed; and

 (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.

 (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).

 (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.

44  Disclosing information to the public—information specified in the national code

 (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:

 (a) promoting and facilitating compliance with this Act and the national code;

 (b) assisting Australia in eliminating, so far as is possible, discrimination against persons on the ground of gender.

Note: Paragraph 17(2)(l) does not apply to personal information within the meaning of the Privacy Act 1988.

 (2) To avoid doubt, the Secretary may disclose information under subsection (1) that relates to a higher education provider without notifying the provider.

Part 8—Miscellaneous

Division 1—Simplified outline of this Part

45  Simplified outline of this Part

Division 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.

Division 3 deals with other miscellaneous matters, including annual reporting, delegation and rules.

Division 2—Delayed application of certain provisions

46  Delayed application of certain provisions

 (1) In this section:

application day, for a higher education provider, means:

 (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

 (b) otherwise—1 January 2027.

 (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.

 (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:

 (a) the Secretary is satisfied that the non‑compliance occurred on or after the application day for the provider; or

 (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.

 (4) Part 6 applies in relation to a higher education provider only on and after the application day for the provider.

 (5) Section 43 applies to information relating to a higher education provider only on and after the application day for the provider.

Division 3—Miscellaneous

47  Annual report

 (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.

Note: See also section 34C of the Acts Interpretation Act 1901, which contains extra rules about annual reports.

 (2) The report under subsection (1) for a financial year must include the following:

 (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;

 (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;

 (c) trends (if any) in non‑compliance with this Act or the national code that were identified during the year;

 (d) the number of compliance notices given during the year;

 (e) the number of infringement notices given during the year;

 (f) the number of enforceable undertakings accepted or enforced during the year;

 (g) the number of proceedings instituted during the year, including civil penalty proceedings and proceedings for an injunction;

 (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;

 (i) information about systemic issues (if any) in relation to gender‑based violence in the higher education sector during the year;

 (j) opportunities (if any) provided to higher education providers during the year to improve compliance with the national code;

 (k) trends (if any) in data and information collected under legislative instruments made under this Act;

 (l) any other information the Secretary considers appropriate.

 (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.

First annual report under this section

 (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.

48  Delegation by Secretary

Delegation of powers under this Act and legislative instruments made under this Act

 (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.

Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

 (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.

Note 1: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Note 2: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

Delegation of powers under the Regulatory Powers Act

 (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.

Note 1: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Note 2: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

Limitation on delegations

 (4) Before delegating a function or power under subsection (1), (2) or (3), the Secretary must have regard to:

 (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

 (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or exercise the power.

Delegate must comply with directions

 (5) In performing a function or exercising a power delegated under this section, the delegate must comply with any written directions of the Secretary.

49  Compensation for acquisition of property

 (1) If the operation of:

 (a) this Act; or

 (b) a legislative instrument made under this Act;

would 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.

 (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in:

 (a) the Federal Court of Australia; or

 (b) the Supreme Court of a State or Territory;

for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

50  Rules

 (1) The Minister may, by legislative instrument, make rules prescribing matters:

 (a) required or permitted by this Act to be prescribed by the rules; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

 (2) To avoid doubt, the rules may not do the following:

 (a) create an offence or civil penalty;

 (b) provide powers of:

 (i) arrest or detention; or

 (ii) entry, search or seizure;

 (c) impose a tax;

 (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

 (e) directly amend the text of this Act.

 

 

[Minister’s second reading speech made in—

Senate on 23 July 2025

House of Representatives on 25 August 2025]

(40/25)