The Gender-Based Violence Code: What is it and what do we need to do to comply?
Updated: Sep 9
⏹︎ By Grace Brunton-Makeham and Baneen Saberi
The Gender-Based Violence Code was introduced on 1 January 2026 for 42 Universities and other specified higher education providers. However on 1 January 2027, the Gender-Based Violence Code will be rolled out to over 170 other tertiary education providers in Australia. So what is it, and how do providers comply?
Background
The Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025 (the Act) was passed in August 2025.
The Act empowered the Minister for Education to make a National Higher Education Code to Prevent and Respond to Gender-Based Violence (the Code).
The Code was introduced following the publication of the Australian Universities Accord Interim Report in July 2023 which identified an urgent need to improve student and staff safety in university communities and on campuses. In February 2024, Education Ministers endorsed an Action Plan calling for a binding national code to address gender-based violence in higher education.
Key takeaways
From 1 January 2027, if your organisation is registered with the Tertiary Education Quality and Standards Agency (TEQSA) as a higher education provider, you will need to be compliant with the Code.
Higher education providers will need to review and update their policies and procedures with genuine student and expert input to be compliant with the Code.
Accountability for compliance sits with the peak office of the higher education provider, being the Vice-Chancellor, Chief Executive Officer or equivalent.
Non-compliance can result in a wide range of actions from enforceable undertakings, civil penalties, jeopardise higher education provider status or funding access.
What is being addressed?
The Code defines gender-based violence 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.
It seeks to regulate students and staff from experiencing or engaging in gender-based violence.
Gender-based violence is intended to be interpreted broadly to encompass the many and varied forms of violence, including but not limited to:
physical violence or abuse;
sexual violence, abuse or harassment;
sex-based harassment;
emotional or psychological abuse;
verbal abuse or threats;
economic or financial abuse;
stalking or monitoring;
intimate partner violence;
family and domestic violence;
technology-facilitated abuse;
coercive control;
sexual trafficking;
reproductive coercion;
female genital mutilation;
forced medical interventions;
forced marriage; or
a pattern or patterns of abusive behaviour.
Gender-based violence does not, however, include sex-based discrimination.
The Code
The Code intends to:
reduce the incidence of gender-based violence in higher education;
establish national standards and requirements; and
establish a regulatory framework to monitor and enforce compliance.
The Code binds all 42 higher education providers in Table A and Table B (Providers) under the Higher Education Support Act 2003 (Cth) (HESA Act) from 1 January 2026.
All other providers under TEQSA Act 2011 (Cth), will be covered from 1 January 2027. This is approximately 170-180 additional providers.
The Code establishes the Gender-Based Violence Regulator to collaborate with Providers to educate, take preventative action, and uphold the standards of the Code through compliance and enforcement measures.
The Code aims to enact cultural change through requirements for Providers to develop a Gender Equality Action Plan, Gender Impact Assessments and provide evidence-based education and training on the factors that drive and contribute to gender-based violence.
New Obligations
The Code systematises existing legal and regulatory obligations on Providers through 7 Standards, including:
Standard 1 - Accountable leadership and governance: An effective whole-of-organisation approach to prevention and response, with a written plan led by the Vice Chancellor, Chief Executive Officer or equivalent leader;
Standard 2 - Safe environments and systems: Safe environments with continuous system improvements to prevent and respond to gender-based violence;
Standard 3 - Knowledge and capability: Knowledge and capability building to prevent and respond to gender-based violence;
Standard 4 - Safety and support: Safe and person-centred responses and services, for those who have experienced or engaged in gender-based violence;
Standard 5 - Safe processes: Safe and timely responses including investigation reports finalised within 45 business days and appeals finalised within 20 business days;
Standard 6 - Data, evidence & impact: The use of evidence to inform the approach to gender-based violence prevention and response, measuring change and contributing to the national evidence base; and
Standard 7 - Safe Student Accommodation: The provision of safe student accommodation.
Overlap with existing Obligations
There is a great degree of overlap between existing legal and compliance frameworks and the Code. This includes but is not limited to:
workplace and safety obligations under the Fair Work Act 2009 (Cth);
the positive duty to eliminate sexual harassment and other provisions relating to sexual harassment in the Sex Discrimination Act 1984 (Cth);
managing gendered violence as a workplace psychosocial hazard in Work Health and Safety Act 2011 (Cth); and
wellbeing and governance obligations in the Higher Education Standards Framework (Threshold Standards) 2021 (Cth).
Notably, however, the Code does not change or introduce any new causes of action for individuals (e.g. staff or students) otherwise alter the fundamental legal duties of care owed by Providers to their staff and students. Rather, the Code imposes obligations on Providers to:
prevent the occurrence of gender-based violence;
report instances of gender-based violence and the Provider’s response to the GBV Regulator; and
continuously improve policy, processes and governance to:
proactively take steps to reduce the occurrence of gender-based violence; and
to respond to instances of gender-based violence more appropriately; and
build community knowledge and contribute to the national evidence base on gender-based violence.
Providers should take action to be compliant by ensuring their relevant policies and procedures on gender-based violence act cohesively and collaboratively.
Compliance with the Code
The gender-based violence Code contains a broad range of general and specific obligations that each Provider must implement.
For instance:
Standard 2 (Accountable leadership and governance) requires Providers to:
ensure employees undertake necessary pre-employment checks which are compliant, and disclose any previous investigations of gender-based violence in employment or legal settings.
consistently uphold their duty of care to students and staff and take into consideration any declaration made above and any risks arising from the declaration of the person’s suitability for their position.
consider any substantiated allegation of gender-based violence found by the Provider in the course of an employee’s employment in the promotion, recognition or reward of the employee.
address any material risk arising in relation to any staff who are not employees where they have been investigated for or determined to have engaged in gender-based violence.
make alternative teaching, research, supervision, employment or living arrangements to ensure the safety of a student or staff member where a student or staff allege they have experienced gender-based violence.
Standard 5 (Safe processes) requires Providers to:
make clear where and how to make a disclosure or formal report of gender-based violence.
make available multiple avenues to facilitate a disclosure or formal report, including anonymously.
investigate formal reports of gender-based violence made by students or staff members or where the respondent is a student or staff member of the Provider, regardless of the context in which it occurred or who the disclosing party is.
consider investigations for disclosures of gender-based violence and seek the views of the person making the disclosure to determine how to progress it.
ensure investigations are finalised within 45 business days and appeals are finalised within 20 business days.
Enforcement Regime
Compliance with the Code is mandatory.
Non-compliance can lead to regulatory or legal action by the Secretary of the Department of Education (Department), TEQSA or the National Student Ombudsman.
At first instance, the Department may issue a compliance notice. If a Provider fails to act, it may be liable to civil penalties.
The Department can also monitor, investigate and enforce the Code. The Department may request or require information from Providers, or to search and take evidence from Provider premises. It has powers to enter an enforceable undertaking with a Provider or issue infringement notice for breaches of the Code.
The Department may also seek remedies at the Federal Court or the Federal Circuit and Family Court to enforce compliance with the Code.
The Department may also disclose protected information to the Minister of Education or a range of bodies to enable them to act against the Provider, or make publicly available information on enforcement action taken against the Provider.
Failure to comply may also result in the Minister of Education taking action in relation to the Provider’s approval as a higher education provider under the HESA Act 2003 (Cth) and consistent breaches may jeopardise access to Commonwealth funding, or TEQSA taking regulatory action in relation to compliance with its Threshold Standards under the TEQSA Act 2011 (Cth).
Lastly, the National Student Ombudsman, as an independent and impartial complaints mechanism, can make binding recommendations on GBV to a Provider in breach, which the Provider must implement.
If you would like to know more about how Makeham Flaherty Employment Lawyers can assist your organisation with complying with the Gender-Based Violence Code, please contact us.
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This is commentary published by Makeham Flaherty for general information purposes only. This should not be relied on as specific advice. You should seek your own legal and other advice for any question, or for any specific situation or proposal, before making any final decision. The content also is subject to change. A person listed may not be admitted as a lawyer in all States and Territories.
Makeham Flaherty 2026.