Legislation on ‘gender-based violence’ in higher education is back in Parliament. Its principal purpose is to provide a legal foundation for a National Higher Education Code to Prevent and Respond to Gender-based Violence. This will be a legislative instrument made after the legislation is passed, but the minister has released its expected contents.

The code is scheduled to start on 1 January 2026 for universities and 1 January 2027 for other providers.

This post looks at the definition of gender-based violence, extension of the policy beyond higher education providers, and policies that will affect all staff and students. A second post looks at procedures for victims and perpetrators of sexual harassment or assault. A third post looks at reporting and penalties for higher education providers (apologies, but this is all much briefer than the 75-page original; 45 pages in the bill and 30 in the code).

Update 20/10/2025: The enacted legislation is here. The enacted code is here.

What is gender-based violence?

According to the bill, ‘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’: section 5 (legislative references, unless otherwise specified, are to the Universities Accord (National Higher Education Code to Prevent and Respond to Gender‑based Violence) Bill 2025).

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