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

High-Level Summary
The bill proposes to establish a National Higher Education Code to prevent and respond to gender-based violence in universities, introducing a new regulatory framework aimed at reducing the incidence of such violence, improving prevention and response efforts, and ensuring accountability of higher education providers.

Summary
The Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Bill 2025 aims to create a standalone regulatory system for higher education providers. According to the explanatory memorandum, the bill empowers the Minister for Education to establish the National Higher Education Code as a legislative instrument, setting standards to ensure safe and inclusive environments for study and living, while compelling providers to actively work on preventing and responding to gender-based violence. The bill introduces obligations for universities to develop Gender Equality Action Plans and mandates regular reporting on incidents. A new gender-based violence unit within the Department of Education will be tasked with monitoring compliance, possessing powers to issue compliance notices and seek civil penalties for non-compliance. Furthermore, amendments to the Higher Education Support Act 2003 will connect compliance with the National Code to a provider's approval status under the Act, allowing for potential suspension or revocation of approval in cases of non-compliance.

Argument For
Normative Bases
  1. Non-Discrimination
  2. Pro-Democracy

The bill should be supported because it addresses the persistent issue of gender-based violence in higher education, which undermines the right to a safe and equitable educational environment. By establishing a comprehensive regulatory framework, the bill promotes non-discrimination and equality, ensuring that all students and staff are protected and can thrive without fear of harassment or violence. The requirement for higher education providers to develop Gender Equality Action Plans and conduct regular reporting will likely enhance transparency and accountability, fostering a culture of respect and safety [Judgment]. Furthermore, the creation of a specialized unit to monitor compliance ensures that the provisions of the bill are actively enforced, thereby strengthening the institutional response to gender-based violence and promoting democratic values of fairness and justice in educational settings.


Argument Against
Normative Bases
  1. Propertarianism
  2. Value-Neutral / Epistemic Objection

The bill should be opposed because it imposes significant regulatory burdens on higher education providers, which might divert resources from other critical educational functions. The requirement for detailed compliance with the National Code could lead to increased administrative costs and might result in higher tuition fees to cover these expenses. This could inadvertently limit access to higher education for students from lower socio-economic backgrounds, contradicting the bill's intent to support an equitable education system [Judgment]. Additionally, the integration of such a framework could lead to potential conflicts with existing state and territorial laws, complicating the regulatory landscape for universities.


Date:

2025-07-23

Status:

Passed Both Houses

Sponsor:

Unspecified

Portfolio:

Education

Categories:

Education, Discrimination / Human Rights, Criminal Law Reform

Timeline:
31/07/2025
25/08/2025

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