Creates a single, national "National Higher Education Code to Prevent and Respond to Gender‑based Violence" (the National Code) that the Minister will make as a legislative instrument (section 15). The Code can set mandatory standards and requirements for registered higher education providers (HEPs) about preventing and responding to gender‑based violence (sections 16–17).
Makes non‑compliance with requirements in the National Code a civil‑penalty breach for a HEP (section 20). It also sets lower civil penalties for record‑keeping and information obligations (sections 21–24).
Gives the Secretary of the Department of Education powers to monitor, investigate and enforce the Act and the Code, including requiring information, issuing compliance notices, accepting enforceable undertakings, issuing infringement notices and seeking injunctions (sections 27, 31–32, 35–40). Those regulatory powers are exercised under the Regulatory Powers (Standard Provisions) Act 2014 (see Part 6).
Allows the Secretary to collect, use, share and (in some circumstances) publish information obtained under the Act. The Secretary may disclose personal information only if satisfied it will be appropriately protected after disclosure; other non‑personal information may be published to promote compliance (sections 42–44).
Delays the application of civil penalties and some enforcement powers until either 1 January 2026 (for Table A and B providers) or 1 January 2027 (other providers) (section 46).
This Act establishes the National Higher Education Code to Prevent and Respond to Gender-based Violence as a legislative instrument made by the Minister under clause 15. The code provides national standards for higher education providers in connection with preventing and responding to gender-based violence, covering safe environments, prevention work, effective responses, mitigation of contributing factors and governance arrangements as set out in clause 16. Clause 17 allows the code to impose requirements on providers including governance structures, plans and policies, employee obligations, limits on non-disclosure agreements, education and training, support services, student accommodation standards, contractual requirements for third parties, reporting, information collection and provision to the Secretary, publication of information and giving effect to National Student Ombudsman recommendations. Higher education providers must comply with the code under clause 20 or face civil penalties. Part 4 imposes additional obligations on providers to keep records for seven years under clause 21, give information to the Secretary under clause 22, notify changes or potential contraventions under clause 23 and avoid false or misleading information under clause 24. The related consequential amendments legislation inserts compliance with the code as a quality and accountability requirement under the Higher Education Support Act 2003, with different start dates for Table A and B providers from 1 January 2026 and other providers from 1 January 2027 under section 46. Part 2 requires the Secretary and authorised officers to follow principles of regulatory necessity and proportionate regulation when exercising powers. Part 5 gives the Secretary power to provide education and advice under clause 26, require information or documents under clause 27 with at least 14 days notice or 24 hours in urgent cases, retain and return documents under clauses 28 to 30, issue compliance notices under clause 32 and appoint authorised officers under clause 33. Part 6 applies monitoring, investigation, civil penalty, infringement notice, enforceable undertaking and injunction powers from the Regulatory Powers (Standard Provisions) Act 2014. Part 7 governs disclosure of protected information including personal information to the Minister, TEQSA, the National Student Ombudsman and certain government officers, with public disclosure options under clauses 43 and 44. Part 8 requires annual reports on enforcement activities and trends and allows delegation and rules. The Act binds the Crown, extends to external territories and operates concurrently with state and territory laws under clauses 6 to 8. A draft code released with the bills contains seven standards on accountable leadership, safe environments, knowledge and capability, safety and support, safe processes, data and evidence, and safe student accommodation.
Official source available
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Introduced with the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) (Consequential Amendments) Bill 2025, the bill provides for a National Higher Education Code to Prevent and Respond to Gender-based Violence which may impose certain requirements and standards on higher education providers in relation to gender-based violence.
Parliamentary progress
Progress
Senate
Introduced and read a first time
23 Jul 2025
Second reading moved
23 Jul 2025
Second reading debate
28 Jul 2025
Second reading debate
29 Jul 2025
Second reading debate
31 Jul 2025
Second reading agreed to
31 Jul 2025
Third reading agreed to
31 Jul 2025
House of Representatives
Introduced and read a first time
31 Jul 2025
Second reading moved
25 Aug 2025
Second reading debate
25 Aug 2025
Second reading debate
25 Aug 2025
Second reading agreed to
25 Aug 2025
Third reading agreed to
25 Aug 2025
Finally passed both Houses
25 Aug 2025
Assent
Act no: 34
Year: 2025
28 Aug 2025
Notes
Documents and transcripts
Text of bill
First reading
As passed by both Houses
Explanatory memoranda
Explanatory memorandum
Transcript of speeches
All second reading speeches
Minister's second reading speech
Proposed amendments
House of representatives
2nd reading amendment
LEESER, Julian, MP
Who is affected
Registered higher education providers (HEPs) as defined in the Act are the primary regulated entities (section 5).
Students, staff and people who receive services from HEPs are protected by the Code's standards (section 16).
The Secretary and authorised officers (Department of Education staff) administer, monitor and enforce the Code (sections 27, 33).
TEQSA, the National Student Ombudsman and state/territory regulators are potential recipients of information disclosed for regulatory or compliance purposes (section 42).
Why it matters (official purpose, and what that implies practically)
Official purpose: to reduce gender‑based violence in higher education by setting national standards, monitoring compliance and enabling enforcement (section 3). Mechanically, the Act centralises standards‑setting (by the Minister), compliance oversight (by the Secretary) and enforcement (civil penalties and regulatory tools) across the sector.
Practical implications: HEPs will need to design, document and keep evidence of governance arrangements, policies, training, support services and reporting systems consistent with the National Code (see the kinds of measures listed at section 17(2)). Providers will face administrative and compliance costs (policy drafting, data collection, staff training, record retention), potential reputational costs from public disclosures, and legal exposure if they fail to comply (section 20). The Secretary has broad powers to request and retain documents, including personal information where necessary to assess compliance (sections 27–29, 31, 42).
Key mechanics and points that change behaviour
Who decides content of the rules: the Minister will write the detailed Code as delegated (section 15). That means much of the substantive obligations will be in subordinate (delegated) legislation rather than in the Act itself (see section 15 and the rules power at section 50).
Who enforces and how: the Secretary (and authorised officers) enforce compliance using monitoring/investigation powers drawn from the Regulatory Powers Act (sections 35–37). The Secretary can give compliance notices requiring corrective action (section 32) and is the authorised body for infringement notices and civil penalty proceedings (sections 37–38).
Information flows and publicity: the Secretary may publish non‑personal information about inspections, compliance notices, recommendations and responses (section 43). The Secretary may also disclose protected information to TEQSA, the National Student Ombudsman and state/territory bodies for regulatory purposes (section 42).
Employment and contracting effects: the Code (when made) may require HEPs to impose obligations on employees, prospective employees and third parties (for example, student accommodation providers) — including vetting, declarations and considering past allegations in hiring or promotion (section 17(2)(c), (g), (h)). The Code may also regulate use of non‑disclosure agreements (section 17(2)(d)). Those items may change hiring, contracting and promotion decisions by institutions.
Costs, incentives, and trade‑offs to note (mechanisms, not judgments)
Direct compliance costs fall on HEPs: preparing, implementing and reporting against the Code; keeping records for 7 years (section 21); and responding to information requests and compliance notices (sections 27, 32). These are concrete cost items for university budgets or third‑party accommodation providers that contract with universities (section 17(2)(h)).
The Department bears monitoring and enforcement costs: staffing the specialist unit, conducting investigations and publishing materials (sections 26, 35, 47). The Act authorises delegation and appointment of authorised officers, which centralises enforcement within the Department (sections 33, 48).
Compliance incentives: civil penalties (section 20) and the possibility that HEP approval under the Higher Education Support Act could be affected (note to section 20 and related consequential amendments) create strong regulatory incentives for compliance. Public disclosure powers (sections 43–44) add reputational incentive.
Privacy and fairness trade‑offs: the Secretary can require personal information in some circumstances (section 27(4) and section 22(3)). The Act limits use of compelled information in criminal proceedings (use immunity) but abrogates the privilege against self‑incrimination for the purposes of providing information (section 31). The Code may require HEPs to consider allegations that have been "investigated" even where not proven, which raises procedural‑fairness and privacy trade‑offs when implemented (see proposed Code content described in the explanatory materials and enabled by section 17(2)(c)).
Delegation and regulatory discretion: the Minister makes the Code by legislative instrument (section 15) and the Minister may make rules about record formats and reporting (section 50). The Code may incorporate external material by reference (section 17(3)). That combination concentrates significant substantive rule‑making and definitional choices in delegated instruments administered by the Department.
Implementation risks and operational considerations
Clarity and accessibility: because the Code will be in delegated legislation and it may adopt or incorporate other documents by reference (section 17(3)), there is a risk that obligations will be spread across multiple instruments and external materials. The explanatory material commits to making incorporated documents freely available, but operationally HEPs will need clear, searchable guidance on their obligations (section 18 on notification).
Overlap with other regulators: the Act contemplates information sharing with TEQSA and state/territory bodies (section 42). Overlap or duplication between the Department's compliance function and TEQSA's regulatory role is possible unless roles are clearly coordinated.
Data handling and consent: the Act allows collection and disclosure of personal information where necessary (sections 22(3), 42(2)). The Secretary must be satisfied personal information will be appropriately protected before disclosure (section 42(2)); implementing robust privacy, retention and de‑identification practices will be necessary.
Behavioural substitution: HEPs may respond by outsourcing compliance functions, tightening hiring checks, or changing accommodation contracting practices (section 17(2)(h)). Those choices shift costs and risks across suppliers, contractors and individual staff.
Concrete statutory hooks to watch (examples of important provisions)
Minister may make the National Code: section 15.
Types of measures the Code may require (governance, policies, training, support, accommodation, publication and data collection): section 17(2).
Civil penalties for failing to comply with the Code: section 20 (civil penalty: 200 penalty units); record and information penalty amounts: section 21 (60 units) and sections 22–24 (60 units).
Authority to require information and retain documents, with limited immunity from use in most criminal proceedings: sections 27–31.
Secretary’s monitoring, investigation and enforcement powers under the Regulatory Powers Act: sections 35–40.
Rules power and limits (what rules may and may not do): section 50.
Information disclosure and publication powers, including disclosure to TEQSA and the Ombudsman: sections 42–44.
Delayed application of enforcement powers by provider type: section 46.
Who pays, who decides, and how behaviour changes (summary)
Who pays: higher education providers pay the direct compliance and reporting costs; the Department pays administration and enforcement costs; students and staff may indirectly pay through institutional budget choices.
Who decides: the Minister decides the detailed Code (delegated instrument); the Secretary decides monitoring, information requests, compliance notices and enforcement actions; authorised officers implement fieldwork (sections 15, 27, 32, 33).
Behaviour changes: HEPs will be pushed to strengthen governance, record‑keeping, staff training, accommodation contracting and transparent reporting; they may also alter hiring and promotion practices where the Code requires declarations or consideration of previous allegations (section 17).
Bottom line (neutral, mechanical):
The Act establishes a delegated national regulatory framework that lets the Minister set detailed, binding standards (the National Code) for how higher education providers must prevent and respond to gender‑based violence, backed by monitoring and a menu of enforcement tools exercised by the Department. The immediate concrete effects are new compliance, reporting and record‑keeping obligations for providers, new data flows to the Department and stronger incentives (civil penalties and public disclosure) to align institutional policies and practices with the forthcoming Code.
Main concepts
The objects in clause 3 are to reduce gender-based violence in higher education, establish national standards and requirements for providers and create a regulatory framework for monitoring and enforcement. Gender-based violence is defined in section 5 as 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. The national code under clause 15 is a legislative instrument whose purpose under clause 16 is to provide standards so that study, work, social and living environments are safe, respectful and inclusive, providers prevent and eliminate such violence to the greatest extent possible, respond effectively prioritising safety and wellbeing, address driving factors and maintain effective governance across operations. Clause 17 lists 17 non-exhaustive matters the code may cover, including governance, plans and policies, employee vetting and requirements, non-disclosure agreement limits, training, support services, accommodation rules, third-party contracts, reports, information provision and giving effect to Ombudsman recommendations. The code may incorporate other instruments as in force from time to time under subclause 17(3). Basic principles for regulation in Part 2 require the Secretary and authorised officers to exercise powers only to the extent reasonably necessary and in proportion to non-compliance or risk of non-compliance. Higher education provider is defined in section 5 as a registered higher education provider under the TEQSA Act that is a constitutional corporation or a body corporate established under Commonwealth or Territory law. Protected information under subclause 42(5) includes personal information or information relating to a provider obtained under the Act. Compliance notices under clause 32 require providers to address actual or possible non-compliance within a specified period. The Regulatory Powers Act framework supplies monitoring under clause 35, investigation under clause 36, civil penalties under clause 37, infringement notices under clause 38, enforceable undertakings under clause 39 and injunctions under clause 40. Section 46 delays application of civil penalty provisions, compliance notices and Part 6 powers until the provider-specific application day.
Who it affects
The Act directly affects higher education providers that are registered under the TEQSA Act and meet the definition in section 5, including all public universities as Table A providers, private universities as Table B providers and other registered providers such as some colleges and institutes. These providers must align policies, governance, training, support services, accommodation arrangements and reporting with the national code once made. Their staff, prospective employees and governing body members are affected through requirements for declarations about prior investigations or findings of gender-based violence, consideration in hiring and promotion decisions and potential contractual obligations. Students and people receiving services from providers are affected through standards on safe environments, support services, complaint processes and data collection. Student accommodation providers, whether directly operated by higher education providers or third parties under contract, must meet vetting, safety and reporting standards under the code provisions for accommodation. The Secretary of the Department of Education and authorised officers appointed under clause 33 gain monitoring, information-gathering, compliance and enforcement roles. TEQSA and the National Student Ombudsman receive information-sharing provisions under clause 42 and may coordinate on complaints and systemic issues. Commonwealth, state and territory government officers may receive protected information for regulatory or anti-discrimination purposes. The Minister receives the power to make and vary the code and rules. Victim-survivors and advocates benefit from standardised processes, anonymous reporting options and potential public disclosure of compliance information. Universities Australia, individual universities such as the University of Tasmania, University of Technology Sydney and Deakin University, and groups such as OurWatch, Fair Agenda and the STOP Campaign have already begun aligning policies in anticipation. The Crown in all capacities is bound under clause 6.
What people will want to know
People will want to know the practical requirements once the Minister makes the national code, including the seven draft standards on accountable leadership and governance, safe environments and systems, knowledge and capability building, person-centred safety and support, safe and timely processes, data evidence and impact measurement, and safe student accommodation. Prospective and current staff will want details on the obligation to declare any prior investigations or findings of gender-based violence and how unproven allegations will be handled in hiring or promotion decisions. Students will want to know how to make anonymous disclosures or formal reports, what support services must be available, timeframes for responses and how complaints can be escalated to the National Student Ombudsman. Higher education providers will want clarity on record-keeping for seven years, information provision timeframes, the form of required reports and plans, and how to contractually impose code requirements on third-party accommodation operators. Privacy considerations arise because the Secretary may require personal information under clause 27 and may disclose it to other bodies if satisfied it will be appropriately protected, with additional consent status declarations requested from providers. Providers will want to understand the delayed enforcement timeline, with civil penalties and compliance notices applying from 1 January 2026 for Table A and B providers and 1 January 2027 for others. Questions will include whether existing policies already meet the standards, what resourcing is needed for whole-of-organisation approaches, how overlap with TEQSA threshold standards will be managed and whether the Department of Education unit will publish compliance trends in annual reports under clause 47. Individuals will want to know that the code applies to violence involving students or staff whether on provider premises or elsewhere and that providers must investigate formal reports regardless of context.
Status and what happens next
The Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Bill 2025 received royal assent on 28 August 2025 as Act number 34 of 2025. The Act commenced the day after assent, on 29 August 2025. The related consequential amendments Act also received assent and links compliance with the national code to approval as a higher education provider under the Higher Education Support Act 2003. The Minister may now make the national code by legislative instrument under clause 15, and a draft version containing seven standards was released with the bills. The Secretary must notify each higher education provider in writing of the making or amendment of the code and how to access its text under clause 18. A dedicated gender-based violence branch within the Department of Education will oversee monitoring and enforcement. Civil penalty provisions, compliance notices and Part 6 regulatory powers apply only from the provider-specific application day under section 46, meaning 1 January 2026 for Table A and B providers and 1 January 2027 for others. The Secretary may begin providing education, guidance and advice to providers immediately under clause 26. Providers are already reviewing and updating policies, as seen with the University of Tasmania Gender-Based Violence Action Plan 2025-2026, University of Technology Sydney Respect.Now.Always programme and Deakin University Sexual Harm Prevention and Response Policy. The first annual report under clause 47 will cover the period from commencement to 30 June 2026 and must include data on monitoring and investigation exercises, compliance notices, infringement notices, undertakings, proceedings, capacity-building actions, systemic issues and compliance improvement opportunities. The Senate Standing Committee for the Scrutiny of Bills considered the bill in Scrutiny Digest 4 of 2025. No schedules of amendments were made during passage.
Powers, duties and rights created
The Minister holds the power under clause 15 to make, vary or revoke the national code as a legislative instrument and under clause 50 to make rules on record-keeping, information provision and other matters. The Secretary holds powers to provide education and advice under clause 26, require information or documents from providers or connected persons under clause 27 with notice periods specified, retain documents under clause 28, issue compliance notices under clause 32 specifying required actions and timeframes, appoint authorised officers under clause 33 who must be APS Executive Level 1 or higher with appropriate expertise, exercise monitoring and investigation powers under clauses 35 and 36, accept enforceable undertakings under clause 39 and seek injunctions under clause 40. The Secretary may disclose protected information to listed recipients under clause 42 and publish non-personal compliance information under clauses 43 and 44 after giving providers notice and considering responses. Higher education providers have duties to comply with the code under clause 20, keep and retain records for seven years under clause 21, give information to the Secretary under clause 22, notify material inaccuracies or contraventions within 14 days under clause 23 and avoid false or misleading statements under clause 24. Providers also have the right to receive certified copies of retained documents under clause 28, make submissions before variation or revocation of compliance notices under clause 32 and receive written notice before certain public disclosures under clause 43. Individuals required to give information receive use immunity under clause 31 so that self-incriminating material is not admissible in civil penalty or most criminal proceedings. The Commonwealth must pay reasonable compensation for acquisition of property on other than just terms under clause 49. Authorised officers must comply with directions and the basic principles of regulation under Part 2.
Money, penalties and enforcement
The Act creates civil penalty provisions enforceable under Part 4 of the Regulatory Powers Act. Failure by a provider to comply with a requirement of the national code attracts a civil penalty of 200 penalty units under clause 20, currently $66,000 given the penalty unit value of $330. Other contraventions such as failure to keep records, give information, notify changes or avoid false statements attract 60 penalty units under clauses 21 to 24 and 27, currently $19,800. Failure to comply with a compliance notice also attracts 60 penalty units under clause 32. Infringement notices may be issued under clause 38 as an alternative to court proceedings. The Secretary may accept enforceable undertakings under clause 39 and publish them on the Department website, and may seek injunctions under clause 40. The Crown is not liable to civil proceedings or infringement notices. No new appropriations are created by the Act itself, although the 2024 Budget allocated $18.7 million over four years from 2024-25 for the code and related measures. Providers may incur costs in updating policies, delivering training, expanding support services, implementing data systems and ensuring accommodation safety. Reasonable compensation is payable for copying documents under clause 27 and for any acquisition of property under clause 49. Annual reports under clause 47 must detail the number of monitoring exercises, investigations, compliance notices, infringement notices, undertakings, proceedings and capacity-building actions undertaken each year.
Pressure points and controversies
The Senate Standing Committee for the Scrutiny of Bills queried the appropriateness of setting the entire national code through delegated legislation, noting that breach can lead to civil penalties and trigger monitoring powers, and recommended greater detail in the primary Act or stronger justification. The updated explanatory memorandum responded that legislative instruments allow efficient amendment to keep the framework responsive to the evolving nature of gender-based violence. The committee also raised concerns about incorporation of other instruments as in force from time to time under subclause 17(3) and the potential difficulty for the public to access such material. The explanatory memorandum states that the Department will ensure any incorporated documents are made freely available. Further scrutiny points include the breadth of personal information that may be collected and disclosed, with the committee suggesting de-identification where possible. Stakeholder commentary has highlighted potential regulatory overlap between the new Department of Education unit and TEQSA, with Universities Australia recommending phased implementation and contractual flexibility for third-party accommodation. Some submissions emphasised the need for adequate resourcing and workforce development to support whole-of-organisation change. The draft code requirement to consider investigated but unproven allegations in employment decisions raises procedural fairness considerations for providers. Trade-offs exist between the flexibility of a legislative instrument that can be updated quickly and the level of parliamentary and public scrutiny applied to primary legislation. The delayed application of enforcement provisions for smaller providers reflects recognition of implementation capacity differences across the sector.
What changes if it passes
With royal assent granted, higher education providers must now prepare for the national code by reviewing governance arrangements, policies, training programmes, support services and accommodation standards against the seven draft standards. Providers will need to introduce or strengthen processes for staff declarations regarding prior gender-based violence investigations or findings, anonymous reporting channels, timely investigation of all formal reports regardless of context, data collection on incidents and responses, and contractual clauses for third-party accommodation providers. From the relevant application day, non-compliance can result in civil penalties, compliance notices, infringement notices, enforceable undertakings or injunctions, and may affect approval status under the Higher Education Support Act 2003. The Department of Education unit will begin monitoring, providing guidance and potentially publishing compliance information. The National Student Ombudsman will receive information-sharing support and may refer systemic issues. Annual reporting will publicly detail enforcement trends, systemic issues and capacity-building activities. Universities that have already updated policies, such as the University of Tasmania, University of Technology Sydney and Deakin University, will be further along in alignment. The framework complements the existing National Student Ombudsman and Action Plan Addressing Gender-based Violence in Higher Education by adding enforceable national standards and dedicated regulatory oversight. Over time, consistent requirements across providers should reduce variation in responses to gender-based violence, improve data availability for evidence-based prevention and increase accountability through public disclosure options and potential loss of provider approval for serious or repeated non-compliance.
Social post angles
New national code sets enforceable standards for preventing gender-based violence at Australian universities, with seven clear areas providers must address from 2026. The Act creates a dedicated Department of Education unit to monitor compliance rather than relying solely on TEQSA, shifting regulatory focus for campus safety. Staff at universities and student accommodation will face new declaration requirements about prior gender-based violence investigations during recruitment and promotion processes. Students gain stronger rights to anonymous reporting, timely investigations and person-centred support services under the forthcoming national code. Privacy protections require the Secretary to be satisfied that personal information will be appropriately protected before disclosure to other agencies or bodies. Delayed penalties until 2026 or 2027 give providers time to update policies, but enforcement tools including fines up to $66,000 per breach are now law. Annual reports will publish data on monitoring activities, compliance notices and systemic issues in higher education gender-based violence responses. The framework complements the National Student Ombudsman by adding proactive standards and information-sharing rather than only complaint handling.
Senate
2R - Opposition [sheet 3365]
DUNIAM, Sen Jonathon
Schedules of amendments
No documents at present
Bills digest
Bills Digest
Notes
Considered by scrutiny committee (27/08/2025): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 4 of 2025
An electronic version of this Act is available on the Federal Register of Legislation (www.legislation.gov.au)
The Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Bill 2025 (the Bill) has been introduced to the Senate following an earlier bill lapsing at the dissolution of the 47th Parliament.
The Bill would enable the Minister to make a National Higher Education Code to Prevent and Respond to Gender-based Violence (the National Code).
The Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) (Consequential Amendments) Bill 2025 (the related Bill) would make compliance with the National Code a requirement of higher education providers’ approval under the Higher Education Support Act 2003.
The Bill sets out the scope of the National Code, with considerable latitude for its drafting.
The National Code will be made by the Minister by legislative instrument, and it appears that the legislative instrument would be subject to disallowance.
The Government has released a draft version of the National Code.
Failure to comply with the National Code could lead to civil penalties.
A special unit in the Department of Education would monitor the National Code.
The Bills are a further response to issues raised by the Universities Accord Interim Report and follow other safety and gender-based violence initiatives including:
the creation of the National Student Ombudsman
the Action Plan Addressing Gender-based Violence in Higher Education
the National Plan to End Violence against Women and Children 2022-2032.
There has been broad support for the idea of the National Code.
During the previous Parliament, the earlier Bill was considered by the Senate Standing Committee for the Scrutiny of Bills, (see Scrutiny Digest 2 of 2025). The Committee queried some aspects of the Bill, notably the appropriateness of the National Code being entirely set out in delegated legislation. The reintroduced Bills do not make any changes in response to these concerns. However, the Explanatory Memorandum contains some additional relevant information.
Introductory Info
Date of introduction: 23 July 2025
House introduced in: The Senate
Portfolio: Education
Commencement: The Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Bill 2025 (the Bill) commences the day after Royal Assent.The Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) (Consequential Amendments) Bill 2025 (the related Bill) commences on the later of the day after Royal Assent and the commencement of the Bill. However, the provisions do not commence at all if the Bill does not commence.
Purpose and History of the Bills
The purpose of the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Bill 2025 (the Bill) and the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) (Consequential Amendments) Bill 2025 (the related Bill) is to continue governance reforms initiated following the release of the Universities Accord (the Accord).
Identical versions of these Bills were introduced on 6 February 2025, but lapsed at the dissolution of the 47th Parliament. The original Bills are discussed in the Bills Digest for those Bills. This Digest is based on the earlier Digest.
Clause 3 sets out the objects of the Bill:
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.
The Bill would enable the Minister to make, by legislative instrument, a National Higher Education Code to Prevent and Respond to Gender-based Violence (the National Code) (clause 15). It appears that the code would be subject to disallowance under section 42 of the Legislation Act 2003. The related Bill makes compliance with the National Code a condition of being approved as a higher education provider under the Higher Education Support Act 2003 (HESA) (proposed section19-20 of HESA, at item 1 of the related Bill). The Government released a proposed National Code with the introduction of the Bills.
The Bill follows the passage of the Universities Accord (National Student Ombudsman) Bill 2024 at the end of 2024, which established an avenue for individuals to escalate complaints against higher education providers on issues including gender-based violence. While designed to complement the Ombudsman, this Bill establishes its own independent regulatory framework. The Bill provides monitoring, investigation and enforcement powers for the Secretary of the Department of Education and allows enforcement through civil penalties, infringement notices, enforceable undertakings and injunctions (Part 6).
A dedicated gender-based violence branch in the Department of Education would oversee the National Code.
Structure of the Bill
The Bill is divided into 8 parts:
Part 1 sets out the commencement of the Bill, the objects of the Bill and relevant definitions.
Part 2 sets out the basic principles for regulation, which the Secretary and authorised officers must comply with when exercising powers, including the principles of regulatory necessity and proportionate regulation.
Part 3 enables the Minister to make the National Code, sets out its purpose and provides that the Code may impose requirements on higher education providers in connection with that purpose.
Part 4 sets out the obligations of higher education providers, including compliance with the National Code and a requirement to share information with the Secretary.
Part 5 sets out the powers of the Secretary and officials, including power for the Secretary to require certain information to be provided.
Part 6 sets out the compliance and enforcement powers, including civil penalties, infringement notices, enforceable undertakings and injunctions.
Part 7 sets out the management of information, including public disclosure of information.
Part 8 contains miscellaneous provisions, including the delayed commencement of compliance and enforcement powers.
Background
Prevalence of gender-based violence on campus and report recommendations
The Bills form part of a broader suite of reforms related to both higher education and gender‑based violence. An emphasis on higher education providers and safety on campus and in residential halls reflects concerns at the high rates of sexual assaults and harassment being reported by students.
These concerns are long standing. In reviewing data on the prevalence of cases of sexual assault and harassment reported by students, the Australian Human Rights Centre’s 2017 report, On Safe Ground: Strengthening Australian university responses to sexual assault and harassment, drew upon a number of previous surveys and investigations, such as the National Union of Students (NUS) ‘Talk About It’ surveys from 2011 and from 2015 and the Australian Human Rights Commission 2017 report Change the course: national report on sexual assault and sexual harassment at Australian universities. Change the course itself drew upon the 2016 National Student Safety Survey results. In analysing the latter report, On Safe Ground identified ‘three significant factors’:
that, in line with findings by the NUS, there are concerning levels of sexual assault and harassment within Australian university settings;
that women students, Aboriginal and Torres Strait Islander students, culturally and linguistically diverse students (CALD) and international students, students with disability, and LGBTIQ students are more likely to experience incidents of sexual assault and harassment; and
that the response of many universities to addressing complaints of sexual assault and harassment is often inappropriate or inadequate, with students being disbelieved or blamed, their confidentiality being breached, or universities failing to act in response to their reports. (p. 11)
On Safe Ground identified ‘six foundational principles that should inform Australian university policies and procedures on sexual assault and harassment, namely:’
integrated and inclusive framework;
comprehensive, consistent and coordinated design and content;
accessible, transparent and enforceable processes;
resourced, interconnected and responsive support services
collaborative links with external sexual assault services
institutional commitment to prevention framework (pp. 11-12)
The 2017 findings were further confirmed by the 2021 National Student Safety Survey, which found that 1 in 6 students had experienced sexual harassment and 1 in 20 had experienced sexual assault in a campus environment. Additionally, criticisms were levelled at universities’ handling of complaints, including whether processes were sufficiently explained to victim‑survivors. Where formal complaints were made about sexual assault, fewer than half were satisfied with the process overall (p. 45).
Australian Universities Accord interim report and final report
Released in July 2023, the Australian Universities Accord Interim Report (Interim Report), picked up on the 2021 National Student Safety Survey results that ‘since starting university, 16.1% of participating students had been sexually harassed, and 4.5% had been sexually assaulted’ (p. 119). The Accord panel also:
heard that existing approaches to reduce the incidence of sexual harassment and sexual assault on university campuses are inadequate, with some stakeholders advocating for increased transparency, monitoring and accountability mechanisms. (p. 119)
One of the Interim Report’s proposals for consideration for the Final Report, was:
Improving student wellbeing and accountability:
a. developing a national student charter, in collaboration with domestic and international students, ensuring a national commitment and consistent approach to the welfare, safety and wellbeing of all students. (p. 123)
The Interim Report set out five priority actions, which included the following:
Priority Action 5:
Through National Cabinet, immediately engage with state and territory governments and universities to improve university governance, particularly focusing on:
universities being good employers
student and staff safety
membership of governing bodies, including ensuring additional involvement of people with expertise in the business of universities.
Australian governments should work together to strengthen university governing boards by rebalancing their composition to put greater emphasis on higher education expertise. Governing bodies must as a priority do more to improve student and staff wellbeing and become exemplary employers. (p. 7)
Recommendation 18 of the final Accord Final Report, released February 2024, formalised the call for ‘a national student charter that sets out a shared, national commitment to the welfare, safety and wellbeing of all students on campus and online’ (p. 26). It also suggested the charter ‘should be underpinned by a National Student Code that outlines the legislated requirements for timely and fair complaints processes.’ (p. 169)
Senate Legal and Constitutional Affairs References Committee inquiry
The Senate Legal and Constitutional Affairs References Committee inquiry (the Senate Inquiry) into current and proposed sexual consent laws in Australia reported in September 2023 on the university sector’s response to the prevalence of sexual violence on campus:
[T]he committee heard that the university sector’s commitment has, at best, waned and, at worst, stalled. Preventative measures and support services are inconsistently delivered at Australian universities. Some universities appear to be approaching consent education and reducing sexual violence within their community proactively and with genuine commitment. Others appear to find the issue too confronting or difficult; their responses might be generously described as inadequate but are, in some cases, outright damaging and deeply troubling. The committee finds such approaches by certain Australian universities utterly unacceptable. (p. 111)
The Committee also noted views that there was a lack of oversight and scrutiny of the university sector’s actions to address sexual violence, including from the Tertiary Education Quality and Standards Agency (TEQSA). The Committee expressed a lack of confidence that the sector would ‘respond appropriately to the crisis without strong intervention’ and called for the establishment of ‘a taskforce with effective powers […] to ensure accountability in the university sector’ (p. 115). The Committee also called for a review of TEQSA’s response to sexual violence on campuses (p. 116).
Government response
Action Plan Addressing Gender-based Violence in Higher Education
In response to Priority Action 5 from the Interim Report, national Education Ministers established an inter-jurisdictional working group and agreed for it to provide advice on actions to strengthen university governance in relation to matters including: ‘ensuring student and staff safety through the prevention of gender-based violence and sexual harm, including on university campuses and in student residential settings’ (p. 2).
In November 2023, Minister Clare released a Draft Action Plan Addressing Gender-based Violence in Higher Education for further consultation. The third proposed action was the following: ‘Strengthen provider accountability for systemic issues relating to gender-based violence in consultation with the states, territories and other stakeholders’ (p. 7). It called for this action plan to take the form of several elements, including the following:
The Commonwealth Minister for Education tabling in Parliament, following consultation, a new National Higher Education Code to Prevent and Respond to Gender-based Violence (National Code) that will set requirements for embedding the whole-of-institution approach (p. 7).
The Accord Final Report noted that the Draft Action Plan was informed by the views of victim‑survivor advocates, student leaders, subject matter experts and representatives from universities and student accommodation providers (p. 241).
The action of establishing the National Code, and the proposed elements that its rules would cover, were confirmed in the final Action Plan Addressing Gender-based Violence in Higher Education (the Action Plan), released in February 2024.
The government also allocated in the 2024 Budget $18.7 million over 4 years from 2024-25 to introduce a National Higher Education Code to Prevent and Respond to Gender-based Violence from 1 January 2025 (p. 63).
National Plan to End Violence against Women and Children 2022-2032
The reforms in the Bill should also be read in the context of the National Plan to End Violence against Women and Children 2022-2032 (National Plan), which now sits at the centre of gender-based safety measures, including a focus on prevention, early intervention, responses and recovery and healing for victim-survivors.
The Bills most explicitly address these measures by putting penalties in place for higher education providers which fail to address gender-based violence as set out in the National Code or which do not provide adequate support and training services related to the issue of gender-based violence.
National Student Ombudsman
In September 2024, the Government introduced the Universities Accord (National Student Ombudsman) Bill 2024, in accordance with action 1 of the Action Plan. The Bill passed both houses in November 2024, and the National Student Ombudsman commenced its work in February 2025. Its main functions are:
to deal with complaints about actions taken by higher education providers
to conduct investigations into actions taken by higher education providers, on the Ombudsman’s own initiative and
to give higher education providers advice and training on handling complaints.
During her second reading speech, Minister for Women, Katy Gallagher pointed to the creation of that Ombudsman and the introduction of these Bills as proof of the Government’s commitment to addressing student and stakeholder concerns. These arguments had been similarly put by Minister for Education, Jason Clare, when first introducing the Bill in the last Parliament. Minister Clare noted the closure of a key advocacy group,End Rape on Campus,suggesting this was evidence of improved safety, despite the need for ongoing work:
End Rape on Campus was founded in 2016 by Sharna Bremner. She ran it with a small group of committed volunteers, working for free, working to make the lives of students safer,incredibly important work.
When this parliament passed legislation late last year to set up the National Student Ombudsman, they put out this statement:
End Rape on Campus Australia has now permanently closed … Almost 9 years to the day since our founding, we've done the thing that organisations like ours should be aiming to do,we've advocated ourselves out of business. We're incredibly thankful to everyone who has supported us over the years.
End Rape on Campus didn't close because the work to rid our campuses of sexual assault and harassment is complete. It is not.
It was because the government was finally listening,and we were bringing together the resources needed to make a real difference.
That's what the National Student Ombudsman is.
And that's what these bills and the draft national code are.
Proposed National Higher Education Code to Prevent and Respond to Gender-based Violence 2025
At the same time as introducing the previous Bills to the House of Representatives on 6 February 2025, the Government released the proposed National Code. The draft comprises 7 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. (pp. 1-2)
As outlined by Minister Gallagher, the draft code includes provisions relating to the hiring and advancement of employees. This had been picked up by some media outlets following the Bill’s introduction in the last Parliament.
Paragraph 2.1(b) requires higher education providers to
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. [emphasis added]
These declarations are to be considered in determining the person’s suitability for their position (paragraph 2.1(c)). Paragraph 6.10(a) allows the Secretary to require from a provider recruitment data that reports on such declarations. The inclusion of allegations which have been investigated, as opposed to only those which have been proved may give rise to challenges in terms of procedural fairness. It remains to be seen how universities will navigate this requirement in practice, to avoid prospective employees being disadvantaged by an unproven (or disproved) allegation.
The draft National Code requires higher education providers to ask for the same declarations from all (not only prospective) staff at student accommodation it directly owns, operates and/or manages, and to take any declarations into consideration of a person’s suitability for the position (paragraphs 7.1(a) and (b)). Higher education providers would need to ensure that student accommodation providers perform the same vetting tasks on their own staff (paragraphs 7.4(a)(i) and (ii)).
Higher education and student accommodation providers must factor any substantiated allegation they find against a staff member, during their employment or engagement, into consideration of promotion or recognition (paragraphs 2.1(d), 7.1(c) and 7.4(a)(iii). Paragraph 5.3 requires providers to allow disclosures and formal reports to be made anonymously, and providers must investigate all formal reports where the respondent (accused) is a staff or student member, ‘regardless of the context in which the gender-based violence occurs’ (paragraph 5.8).
Policy position of non-government parties/independents
In February 2024, Senator Sarah Henderson welcomed the Higher Education Code to Prevent and Respond to Gender-based Violence:
Whether they are on campus, online or in student accommodation, keeping students safe including from sexual assault and harassment is a critical responsibility of higher education providers. Too many incidents of gender-based violence and harassment have been swept under the carpet and that is totally unacceptable.
During debate over a second reading amendment of the previous Bill, Shadow Minister for Youth, Angie Bell, made clear the Coalition’s strong support for a National Code and for the Bill. However, Ms Bell expressed concern over the creation of a specialist unit in the Department of Education for a task that it considers should be the part of the regulatory role of TEQSA, while also urging the Government to establish an additional National Higher Education Code to Prevent and Respond to Anti-Semitism.
Comments on the recently reintroduced Bill could not be found.
Stakeholder views
There has been limited commentary on the legislation for the National Code, likely because it is the concluding legislative piece in a federal policy process that has involved extensive consultation across numerous stages.
Some universities are pre-empting the passage of the National Code. The University of Tasmania’s new Gender-Based Violence Action Plan, 2025-2026, makes reference to the National Code and the expectation that the University’s standards will align with it once developed (p. 13). The University of Technology Sydney published a page on 6 June 2025, describing how ‘universities are already adapting’ and that:
For UTS, the new requirements are less of a pivot and more a validation of the work it has already been doing.
“This isn’t new work for us,” says Respect.Now.Always [RNA] Program Manager Catharine Pruscino. “We’ve had a prevention team in place since 2017, and our approach has always been about doing what’s right, not just the bare minimum.”
Deakin University similarly released an article on 10 July 2025, reporting on the expected passage of the National Code and outlining that the University is ‘proactively reviewing and updating our own policies and procedures, including the Sexual Harm Prevention and Response Policy and Procedures, to make sure we meet the National Code requirements’.
Other groups, like unisport, are also aligning new policies to the anticipated National Code and the expectation of a ‘whole-of-organisation approach to tackling’ gender-based violence.
Additionally, earlier commentary on the previous Bill included Fair Agenda’s media release which noted a welcoming of the Bill by key advocates who had worked on the issue for many years and been part of the Department of Education’s Expert Reference Group, including Fair Agenda, End Rape on Campus Australia’s Sharna Bremner, The STOP Campaign’s Camille Schloeffel and Dr Allison Henry.
Earlier debates on the establishment of the National Student Ombudsman and submissions made to consultation on the National Higher Education Code to Prevent and Respond to gender-based violence issues paper provide some indication of support for the proposed National Code from advocacy groups and stakeholders.
On the introduction of the original Bills, Renee Carr from Fair Agenda said the National Code would create ‘transformative change’ for students.
In its submission to the consultation, Universities Australia (UA) made 8 recommendations, which included warnings of regulatory overlap and challenges with the Department of Education rather than the Tertiary Education Quality and Standards Agency (TEQSA) overseeing the implementation of a code. Additionally, UA called for a phased implementation of the Code (this has been partly addressed through the delayed application of certain enforcement provisions, clause 46) and for provisions in the Code for providers to ‘establish contractual arrangements with third‑party accommodation providers’ (p. 6).
OurWatch, an organisation focused on the prevention of violence against women, published its submission to the issues paper supporting the development of a code but noting, among other recommendations, that:
Whole-of-organisation approaches to preventing gender-based violence require a complex and transformative change process. The demands of coordinating a whole-of-university program of work are significant and will require commitments of time and resources as well as a significant and coordinated capability uplift across the university. To support implementation and ongoing compliance with the National Code, consideration will need to be given to resourcing, workforce development and the quality and safety of support from external providers to support capability building. (p. 5)
Submissions to the Senate Standing Committees on Education and Employment inquiry into the Universities Accord (National Student Ombudsman) Bill 2024, included several expressions of support for legislating for a National Code from Fair Agenda and End Rape on Campus Australia (p. 3), and the STOP Campaign (p. 6). Several (e.g., Go8 (p. 2) and the STOP Campaign (p. 6)) called for the National Code to come into place before or at the same time as the National Student Ombudsman.
Key issues and provisions
Ministerial powers
Clause 15 of the Bill provides for the Minister to make the National Code by legislative instrument.
It appears that the code would be subject to disallowance under section 42 of the Legislation Act 2003.
In its examination of the earlier Bill, The Senate Standing Committee for the Scrutiny of Bills drew attention to the status of the National Code as a legislative instrument. It stated that in the circumstances of designated legislative power and in which ‘breach of the code could lead to a civil penalty and trigger monitoring and investigative powers’, it would ‘generally expect greater detail in the Bill itself as to what the code must contain’ or a more detailed explanation as to why it is appropriate for the code to be in delegated legislation (p. 18).
The updated Explanatory Memorandum (EM) includes the justification that a legislative instrument allows for more flexibility to respond to changing circumstances:
A legislative instrument can be amended more efficiently than primary legislation and will ensure the regulatory framework remains current and responsive to the evolving nature of gender-based violence (p. 23)
The Minister may also, through legislative instrument (clause 50), make rules prescribing matters required or permitted, or necessary or convenient, to be prescribed for carrying out or giving effect to the Bill, including in relation to the kinds of records that higher education providers (HEPs) must keep and the manner and form in which they must be kept (clause 21), and regarding the information that HEPs must provide to the Secretary (clause 22).
The National Code
Clause 16 outlines the intended purpose and coverage of the National Code. The purpose is to provide national standards for HEPs for preventing and responding to gender-based violence, around five key elements that cover: safe environments for staff and students, preventive work, effective responses, mitigative actions and effective governance arrangements. Through subclause 16(2), the standards would apply to a wide scope of people and locations, including ‘students or staff of a provider or people receiving services from a provider, whether or not other people are also involved’ and ‘premises owned or controlled by a provider, or any other place’.
Clause 17 provides a 17-item non-exhaustive list of requirements that the National Code ‘may’ include. A HEP that fails to comply with a requirement of the Code may be liable to a civil penalty (under clause 20).
The Senate Standing Committee for the Scrutiny of Bills noted that subclause 17(3) of the Bill overrides subsection 14(2) of the Legislation Act 2003 by providing that the Code may apply, adopt or incorporate any matter contained in any other instrument or writing as in force or existing from time to time. The Committee expressed some reservations about the capacity of the public to access and be aware of such information and requested an addendum to the original EM containing information as to whether materials/documents captured by such a provision ‘will be made freely available to all persons interested in the law.’ (pp. 18-19). In response, the updated EM contains the following:
The Department will ensure that any documents applied, adopted or incorporated by reference consistent with subsection 17(3) will be made freely available to all persons interested in the law and, if needed, as extrinsic material to assist with interpretation. (p. 27)
Higher education provider obligations
Under the provisions of the Bill, the main obligation for HEPs is to abide by all requirements of the National Code. Failure to comply could result in a civil penalty (clause 20). Applying paragraph 82(5)(a) of the Regulatory Powers (Standard Provisions) Act 2014 (which will apply to the civil penalty provisions of the Bill under subclause 37(1)) the maximum penalty for a body corporate will be 1,000 penalty units ($330,000, as a penalty unit is currently $330 under subsection 4AA(1A) of the Crimes Act 1914).
The note to clause 20 affirms that failure to comply may lead to ‘other consequences’, giving the example of the Minister taking action in relation to a HEP’s approval as a HEP under the Higher Education Support Act 2003 (HESA). The related Bill amends HESA by inserting the quality and accountability requirement that HEPs must comply with the National Code by 1 January 2026 (for Table A and B providers) or by 1 January 2027 for other HEPs. This amendment thereby allows for a HEP to lose its approval as a HEP for failure to comply with the National Code.
Beyond complying with the National Code, Part 4 of the Bill provides for obligations for HEPs to keep records and give information to the Secretary in accordance with the rules set by legislative instrument (clauses 21 and 22, see Ministerial Powers section above). Other provisions require HEPs to notify the Secretary of changes to information already given, to notify of contravention or expected contravention of the Act or legislative instruments (clause 23), and to not give false or misleading information (clause 24). All of these provisions in Part 4 carry liability of civil penalty of a maximum of 60 penalty units ($19,800).
Regulatory powers
Once in force, the powers of regulation in relation to the National Code would reside with the Secretary of the Department for Education. The basic principles for regulation, being those of regulatory necessity and proportionate regulation are set out in Part 2, and apply to the Secretary and authorised officers, the latter being Department of Education employees appointed by the Secretary (clause 33).
Requiring information and issuing compliance notices
The Secretary would be able to require HEPs or a person who is or was connected to a HEP, to provide information relevant to the Secretary’s functions, or relevant to assessing compliance, under the Act or its legislative instruments (clause 27). The Secretary must give at least 14 days’ notice, or 24 hours if a shorter timeframe is necessary. Failure to comply would carry a civil penalty (subclause 27(5)). Subclause 27(4) provides that the type of information the Secretary requires could include personal information (within the meaning of the Privacy Act 1988). The EM states that this personal information may be necessary to evaluate whether a HEP followed its internal policies and procedures, but that it would be collected rarely, only when other information did not allow the Secretary to ‘reasonably ascertain a higher education provider’s compliance with the Bill and the National Code’ (p. 35). Part 5 contains provisions for how the Secretary can ‘retain documents and things’, and requirements for the Secretary to return or dispose of the documents they receive.
Where a person is asked to give information or produce a document, clause 31 abrogates the privilege against self-incrimination; however, it also provides a use immunity, which limits the use of potentially self-incriminating information to certain criminal proceedings such as giving false or misleading information under section 137.1 of the Criminal Code Act 1995 (see the EM, pp. 37-38).
Beyond the civil penalties already mentioned that relate to failure to comply with a requirement under the National Code or with an information request notice from the Secretary, under clause 32, the Secretary may issue in writing a compliance notice, if they believe that a HEP is not or might not be complying with the Act or one of its legislative instruments. As well as specifying the details of the potential non-compliance, the compliance notice must specify what the provider must do to return to compliance or to avoid non-compliance, and specify a timeframe. The Secretary could also require the HEP to provide evidence of what it has done to address the compliance notice, within a certain timeframe. Failure to abide by a compliance notice may result in a civil penalty. The Secretary would have the power to vary or revoke a compliance notice if in the public interest. A compliance notice is also not a prerequisite for other actions (such as issuing an infringement notice) the Secretary could take in accordance with the Act or one of its legislative instruments.
Regulatory roles and actions
Clause 33 provides for the Secretary to appoint an APS employee of the Department of Education as an ‘authorised officer’. Presumably, the authorised officers would belong to the intended ‘new expert unit’ to be implemented in the Department of Education that will oversee HEPs’ compliance with the National Code.
Part 6, proposed Division 2-Regulatory powers applies the Regulatory Powers (Standard Provisions) Act 2014 (Regulatory Powers Act) provisions relating to:
monitoring powers (clause 35)
investigation powers (clause 36)
civil penalty provisions (clause 37)
infringement notices (clause 38)
enforceable undertakings (clause 39)
injunctions (clause 40).
Clause 48 addresses delegation by the Secretary, allowing the Secretary to delegate ‘any or all of [their] functions or powers’ under the Act and its legislative instruments to an APS EL1 in the Department, except for compliance notices and powers under the Regulatory Powers Act, which must be delegated to an SES level employee. Before making a delegation, the Secretary must have regard to whether an APS employee to whom a delegation is proposed to be made occupies a sufficiently senior office or position, or whether the employee has appropriate qualifications or expertise. A delegate must comply with any written directions of the Secretary.
Disclosing information
Part 7, proposed Division 2--Management of information, allows the Secretary to disclose protected information to the Minister and their staff, TEQSA, the National Student Ombudsman, and Commonwealth and state or territory government officers and employees. These persons or bodies can in turn further disclose the information for the same purposes as the original disclosure.
Protected information is defined as personal information within the meaning of the Privacy Act 1988 or information relating to a HEP that was obtained for the purposes of the Act or a legislative instrument (subclause 42(5)). The Secretary may only disclose protected information that is personal information if ‘satisfied that the information will be appropriately protected after disclosure’ (subclause 42(2)).
The Senate Standing Committee for the Scrutiny of Bills found the Bill and its original EM:
somewhat unclear [as to] how the secretary will be satisfied of the requirement that they may only disclose personal information if it will be protected after disclosure, particularly as the information can be further used or disclosed. (p. 20)
The Committee recommended consideration be given to amending the Bill to require protected information disclosed under clause 42 to be de-identified ‘if appropriate in the circumstances and if it does not prevent the person from fulfilling the purpose for which the information is disclosed.’ (p. 20)
The Statement on Human Rights - Right to privacy and reputation section in the updated EM, contains new details that respond to this recommendation. These include requiring the Department to ask HEPs to declare the consent status of any information provided to the Department (p. 11), and requirements around the Department only disclosing personal information when it is ‘necessary and appropriate to do so in the circumstances.’ (p. 12)
The Secretary would also be able to disclose information (but not personal information) to the public, for the purpose of promoting compliance, if the information relates to actions that the Secretary has taken as part of their regulatory monitoring and investigation powers, or enforcement powers (including the issuing of compliance notices) (clause 43). The Secretary would have to give the HEP written notice of the details of an intended disclosure to the public, and take into account the HEP’s response. Clause 44 allows the Secretary to require information from a HEP under the National Code, in order to disclose that information to the public, for the purposes of promoting and facilitating compliance with the Act and the National Code, or to assist in eliminating ‘so far as is possible, discrimination on the ground of gender’. The Secretary would not have to give the HEP notification before disclosing information under clause 44, as this information would come from the HEP itself.
Links
The links to the Bills, their Explanatory Memoranda and second reading speeches can be found on the home pages for the Bill and the related Bill, or through the Australian Parliament website.
When Bills have been passed and have received Royal Assent, they become Acts, which can be found at the Federal Register of Legislation website.
All hyperlinks in this Bills Digest are correct as of July 2025.
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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 2
Division 1,Preliminary 2
1 Short title 2
2 Commencement 2
3 Objects of this Act 2
4 Simplified outline of this Act 3
Division 2,Definitions 5
5 Definitions 5
Division 3,General application of this Act 7
6 Crown to be bound 7
7 Extension to external Territories 7
8 Concurrent operation of State and Territory laws 7
Part 2,Basic principles for regulation 8
Division 1,Simplified outline of this Part 8
9 Simplified outline of this Part 8
Division 2,Basic principles for regulation 9
10 Basic principles for regulation 9
11 Principle of regulatory necessity 9
12 Principle of proportionate regulation 9
13 Application to authorised officers 9
Part 3,The national code 10
Division 1,Simplified outline of this Part 10
14 Simplified outline of this Part 10
Division 2,The national code 11
15 The national code 11
16 Purpose of the national code 11
17 Contents of the national code 12
18 Notification of the national code 13
Part 4,Obligations of higher education providers 15
Division 1,Simplified outline of this Part 15
19 Simplified outline of this Part 15
Division 2,Obligations of higher education providers 16
20 Provider must comply with the national code 16
21 Keeping records 16
22 Giving information to the Secretary 17
23 Notifying Secretary of changes to information or other events 17
24 Provider must not give false or misleading information 18
Part 5,Powers and officials 19
Division 1,Simplified outline of this Part 19
25 Simplified outline of this Part 19
Division 2,Providing education, guidance and advice 20
26 Secretary may provide education, guidance and advice 20
Division 3,Requiring information 21
27 Secretary may require certain persons to give information etc. 21
28 Secretary may retain documents and things 22
29 Returning documents or things produced 23
30 Disposal if documents or things cannot be returned 23
31 Self‑incrimination 24
Division 4,Compliance notices 25
32 Compliance notices 25
Division 5,Authorised officers 27
33 Authorised officers 27
Part 6,Compliance and enforcement 28
Division 1,Simplified outline of this Part 28
34 Simplified outline of this Part 28
Division 2,Regulatory powers 29
35 Monitoring powers 29
36 Investigation powers 31
37 Civil penalty provisions 32
38 Infringement notices 33
39 Enforceable undertakings 34
40 Injunctions 35
Part 7,Management of information 36
Division 1,Simplified outline of this Part 36
41 Simplified outline of this Part 36
Division 2,Management of information 37
42 Authorised disclosure and use of protected information 37
43 Disclosing information to the public,general 38
44 Disclosing information to the public,information specified in the national code 40
Part 8,Miscellaneous 41
Division 1,Simplified outline of this Part 41
45 Simplified outline of this Part 41
Division 2,Delayed application of certain provisions 42
46 Delayed application of certain provisions 42
Division 3,Miscellaneous 43
47 Annual report 43
48 Delegation by Secretary 44
49 Compensation for acquisition of property 45
50 Rules 46
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
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;