This bill became law on Aug 28th, 2025.
Education & skills
The Act lets the Minister for Education make a National Higher Education Code to Prevent and Respond to Gender-based ViolenceThe national code the Minister for Education can make under the Act. It sets standards and requirements for higher education providers on preventing and responding to gender-based violence. as a legislative instrumentA legal instrument made under an Act. The national code is made this way, which means it can set binding requirements while still being subject to parliamentary tabling and disallowance rules..
The bill was introduced to respond to evidence that sexual assault, sexual harassment and other gender-based violenceUnder the Act, physical or non-physical violence, harassment, abuse or threats based on gender that result in, or are likely to result in, harm, coercion, control, fear or loss of liberty or autonomy. continued to occur in higher education, while many students and staff did not know how to get support or were dissatisfied with complaint processes. The official materials say the government wanted national, enforceable standards rather than leaving providerA registered higher education provider covered by the Act, including constitutional corporations and bodies corporate established under Commonwealth or Territory law. responses to voluntary practice. The bill was also part of a wider Action Plan Addressing Gender-based ViolenceUnder the Act, physical or non-physical violence, harassment, abuse or threats based on gender that result in, or are likely to result in, harm, coercion, control, fear or loss of liberty or autonomy. in Higher Education, alongside the National Student OmbudsmanThe national complaint body for higher education students. The Act allows the national code to require providers to give effect to relevant ombudsman recommendations about gender-based violence., so that providers could be monitored, held accountable and required to improve prevention, response, data and governance.
The Act follows years of evidence and advocacy about sexual assault, sexual harassment and poor complaint handling in Australian higher education. Official materials link it to the Universities Accord process, the Action Plan agreed by education ministers in February 2024, the new National Student OmbudsmanThe national complaint body for higher education students. The Act allows the national code to require providers to give effect to relevant ombudsman recommendations about gender-based violence. that began in February 2025, and consultation with students, victim-survivor advocates, higher education providers, accommodation providers, experts, governments and agencies. Parliamentary debate shows broad support for action, while the main dispute was whether the same legislative moment should also create a separate campus antisemitism code and whether the Department of Education should regulate the code instead of TEQSAThe Tertiary Education Quality and Standards Agency, the existing national higher education regulator. Some debate questioned why the new code would be monitored by a Department of Education unit instead of TEQSA..
The public debate mostly supported the goal of preventing and responding to gender-based violenceUnder the Act, physical or non-physical violence, harassment, abuse or threats based on gender that result in, or are likely to result in, harm, coercion, control, fear or loss of liberty or autonomy. in higher education. Criticism focused on the design and scope of the reform: Coalition speakers wanted a separate national codeThe national code the Minister for Education can make under the Act. It sets standards and requirements for higher education providers on preventing and responding to gender-based violence. on campus antisemitism, questioned why the Department of Education would regulate the new code instead of strengthening TEQSAThe Tertiary Education Quality and Standards Agency, the existing national higher education regulator. Some debate questioned why the new code would be monitored by a Department of Education unit instead of TEQSA., and warned that too much of the code would sit in delegated legislation rather than in the Act itself.
Senator Katy Gallagher, for the government introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 28 Aug 2025
Final passage
Passed without a counted vote
1 recorded amendment or procedural vote was found, but no counted vote on the bill itself was recorded.
Passage speed
36 days
From introduction to the latest recorded parliamentary step
Meaning
The Act lets the Minister for Education make a National Higher Education Code to Prevent and Respond to Gender-based ViolenceThe national code the Minister for Education can make under the Act. It sets standards and requirements for higher education providers on preventing and responding to gender-based violence. as a legislative instrumentA legal instrument made under an Act. The national code is made this way, which means it can set binding requirements while still being subject to parliamentary tabling and disallowance rules.. The code applies to higher education providers covered by the Act.
The code is meant to set national standards so higher education study, work, social and living environments are safe, respectful and inclusive, and so providers prevent, reduce and respond to gender-based violenceUnder the Act, physical or non-physical violence, harassment, abuse or threats based on gender that result in, or are likely to result in, harm, coercion, control, fear or loss of liberty or autonomy..
The code can require providers to have governance arrangements, plans, policies, training, support services, student accommodation rules, reporting and information collection, and to give effect to relevant National Student OmbudsmanThe national complaint body for higher education students. The Act allows the national code to require providers to give effect to relevant ombudsman recommendations about gender-based violence. recommendations.
The Act gives the Secretary of the Department of Education and authorised officers compliance powers, including powers to require information, issue compliance notices, use monitoring and investigation powers, accept enforceable undertakings, issue infringement notices, and seek civil penaltiesA court-enforced financial penalty for breaching a civil penalty provision, separate from a criminal conviction. and injunctions through courts.
Higher education providers can face civil penaltiesA court-enforced financial penalty for breaching a civil penalty provision, separate from a criminal conviction. for failing to comply with the national codeThe national code the Minister for Education can make under the Act. It sets standards and requirements for higher education providers on preventing and responding to gender-based violence., failing to keep required records for seven years, failing to give required information, failing to notify changes, or giving false or misleading information.
The Act started on 29 August 2025, the day after Royal Assent. Its enforcement provisions apply to Table A and Table B providersGroups of higher education providers listed in the Higher Education Support Act. Under this Act, key enforcement provisions apply to these providers from 1 January 2026 and to other providers from 1 January 2027. from 1 January 2026, and to other higher education providers from 1 January 2027.
The explanatory memorandum says the government provided $18.7 million over four years from 2024-25 to establish the national codeThe national code the Minister for Education can make under the Act. It sets standards and requirements for higher education providers on preventing and responding to gender-based violence. and a specialist Department of Education unit to monitor and enforce it.
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.Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025
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: study, work, social and living environments are safe, respectful and inclusive for staff and students...Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025
The national code may do any of the following: require providers to have particular governance arrangements... require providers to prepare, and give effect to, plans, policies and procedures... require providers to provide education and training... require providers to make support services available... impose requirements on providers in relation to student accommodation... require providers to give effect to recommendations relating to gender-based violence that are made... by the National Student Ombudsman...Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025
The Bill provides the Secretary with a range of powers to enable the unit to monitor and respond to non-compliance with the Bill or the National Code, including monitoring and investigation powers; the ability to request information; the power to issue compliance notices, infringement notices and to enter into enforceable undertakings; and the ability to seek civil penalties and injunctions through a court.Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) explanatory memorandum
A higher education provider is liable to a civil penalty if... the provider fails to comply with the requirement. ... The records must be retained for 7 years. ... Provider must not give false or misleading information.Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025
The whole of this Act The day after this Act receives the Royal Assent. ... application day, for a higher education provider, means: if the provider is a Table A provider... or a Table B provider... 1 January 2026; or otherwise 1 January 2027.Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025
The Government has provided $18.7 million over four years from 2024-25 to establish the National Code and a specialist unit in the Department to monitor and enforce compliance with the National Code.Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) explanatory memorandum
Context
The Act follows years of evidence and advocacy about sexual assault, sexual harassment and poor complaint handling in Australian higher education. Official materials link it to the Universities Accord process, the Action Plan agreed by education ministers in February 2024, the new National Student OmbudsmanThe national complaint body for higher education students. The Act allows the national code to require providers to give effect to relevant ombudsman recommendations about gender-based violence. that began in February 2025, and consultation with students, victim-survivor advocates, higher education providers, accommodation providers, experts, governments and agencies. Parliamentary debate shows broad support for action, while the main dispute was whether the same legislative moment should also create a separate campus antisemitism code and whether the Department of Education should regulate the code instead of TEQSAThe Tertiary Education Quality and Standards Agency, the existing national higher education regulator. Some debate questioned why the new code would be monitored by a Department of Education unit instead of TEQSA..
Human rights commission documents campus sexual violence
House debate referred to the Australian Human Rights Commission report Change the course as an earlier national warning about sexual assault and sexual harassment at Australian universities.
House second reading debate ↗Student safety survey shows continuing harm
The explanatory memorandum and debate cited the 2021 National Student Safety Survey, including that one in 20 students had been sexually assaulted since starting university and one in six had been sexually harassed.
Explanatory memorandum ↗Senate inquiry examines consent and campus responses
Senator Nita Green said the Senate agreed in 2022 to an inquiry into current and proposed sexual consent laws, and that evidence about campus assault, harassment and university responses helped shape the later reforms.
Senate second reading debate ↗Universities Accord pushes immediate action
The second reading speech said the Universities Accord interim report underlined the importance of moving immediately to address sexual assault and sexual harassment in universities.
Second reading speech ↗Draft action plan consultation begins
The explanatory memorandum says public consultation on the idea of a national codeThe national code the Minister for Education can make under the Act. It sets standards and requirements for higher education providers on preventing and responding to gender-based violence. occurred during consultation on the draft action plan, with targeted consultation involving students, victim-survivor advocates, experts, the sector, accommodation providers and government agencies.
Explanatory memorandum ↗Education ministers agree the action plan
All education ministers agreed to the Action Plan Addressing Gender-based ViolenceUnder the Act, physical or non-physical violence, harassment, abuse or threats based on gender that result in, or are likely to result in, harm, coercion, control, fear or loss of liberty or autonomy. in Higher Education, and the national codeThe national code the Minister for Education can make under the Act. It sets standards and requirements for higher education providers on preventing and responding to gender-based violence. was described as a key measure of that plan.
Explanatory memorandum ↗National Student OmbudsmanThe national complaint body for higher education students. The Act allows the national code to require providers to give effect to relevant ombudsman recommendations about gender-based violence. starts work
The explanatory memorandum says the National Student OmbudsmanThe national complaint body for higher education students. The Act allows the national code to require providers to give effect to relevant ombudsman recommendations about gender-based violence. commenced on 1 February 2025, allowing higher education students to escalate complaints about providers, including gender-based violenceUnder the Act, physical or non-physical violence, harassment, abuse or threats based on gender that result in, or are likely to result in, harm, coercion, control, fear or loss of liberty or autonomy. complaints.
Explanatory memorandum ↗Government reintroduces the national codeThe national code the Minister for Education can make under the Act. It sets standards and requirements for higher education providers on preventing and responding to gender-based violence. bill
Senator Katy Gallagher introduced the 2025 bill in the Senate after an earlier version had been introduced near the end of the previous Parliament.
Parliamentary timeline and second reading speech ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The local source bundle records that the bill was considered in Scrutiny Digest 4 of 2025, but does not include the committee's detailed comments.
Considered
The Governor-General gave Royal Assent, turning the bill into an Act.
Assent
Key criticism
The public debate mostly supported the goal of preventing and responding to gender-based violenceUnder the Act, physical or non-physical violence, harassment, abuse or threats based on gender that result in, or are likely to result in, harm, coercion, control, fear or loss of liberty or autonomy. in higher education. Criticism focused on the design and scope of the reform: Coalition speakers wanted a separate national codeThe national code the Minister for Education can make under the Act. It sets standards and requirements for higher education providers on preventing and responding to gender-based violence. on campus antisemitism, questioned why the Department of Education would regulate the new code instead of strengthening TEQSAThe Tertiary Education Quality and Standards Agency, the existing national higher education regulator. Some debate questioned why the new code would be monitored by a Department of Education unit instead of TEQSA., and warned that too much of the code would sit in delegated legislation rather than in the Act itself.
These criticisms did not amount to opposition to the gender-based violenceUnder the Act, physical or non-physical violence, harassment, abuse or threats based on gender that result in, or are likely to result in, harm, coercion, control, fear or loss of liberty or autonomy. code itself. Coalition speakers said they supported the bill, the Greens supported it, and the recorded Senate vote was on Senator Duniam's second-reading amendment about antisemitism, not on final passage of the bill.
Call for antisemitism code
Coalition speakers argued that campus safety should also be addressed through a separate National Higher Education Code to Prevent and Respond to Antisemitism, especially after reported antisemitic incidents following 7 October 2023.
Regulator design
Some Coalition speakers questioned putting the specialist regulatory unit inside the Department of Education, arguing that the independent higher education regulator TEQSAThe Tertiary Education Quality and Standards Agency, the existing national higher education regulator. Some debate questioned why the new code would be monitored by a Department of Education unit instead of TEQSA. should instead have been strengthened.
Delegated code power
Senator Leah Blyth said the bill gave the minister broad power to create the national codeThe national code the Minister for Education can make under the Act. It sets standards and requirements for higher education providers on preventing and responding to gender-based violence. through delegated legislation and pointed to scrutiny concerns about the lack of detail in the bill itself.
Further sources
Votes
The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not final passage.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Recorded amendment and procedural votes grouped by chamber. Expand a vote to see the party breakdown.
Senate
Defeated 25 to 33. Support came from Liberal Party, Nationals, One Nation, UAP, and minor parties and independents. Opposition came from Labor and Greens.
The vote left the gender-based violenceUnder the Act, physical or non-physical violence, harassment, abuse or threats based on gender that result in, or are likely to result in, harm, coercion, control, fear or loss of liberty or autonomy. bill to proceed without adding the Opposition's requested statement on a separate antisemitism code.
These are amendment votes, not the final passage vote on the bill itself. The bill passed both chambers on the voices.
Parliamentary debate
Start here — lead voices
All speeches by bloc
15 speakers · 16 contributions · 15 unclear
Hansard records 2 separate contributions by Jason Clare on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Read this contribution in Hansard ↗Second reading speech
Read this contribution in Hansard ↗8 speakers · 10 contributions · 8 unclear
Hansard records 2 separate contributions by Julian Leeser on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Read this contribution in Hansard ↗Second reading speech
Read this contribution in Hansard ↗Hansard records 2 separate contributions by Leah Blyth on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Read this contribution in Hansard ↗Second reading speech
Read this contribution in Hansard ↗2 speakers · 2 unclear
4 speakers · 4 unclear
Record
Senate · Introduced and read a first time
Introduced in the Senate
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Senate agreed in principle
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Third reading agreed to
Senate passed the bill
The chamber agreed to the bill at third reading, which completed passage through that chamber.
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
House agreed in principle
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Third reading agreed to
House passed the bill
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Royal Assent
The Governor-General gave Royal Assent, turning the bill into an Act.
Senate Standing Committee for the Scrutiny of Bills
Considered
The local source bundle records that the bill was considered in Scrutiny Digest 4 of 2025, but does not include the committee's detailed comments.
Local APH collection note
