Safer Learning Environments: Understanding Australia’s New National Code on Gender-Based Violence

Safer Learning Environments: Understanding Australia’s New National Code
on Gender-Based Violence

A Step Toward Safer Campuses

The Australian Government has taken a decisive step to strengthen safety across the higher
education sector, passing legislation to establish a National Higher Education Code to
Prevent and Respond to Gender-Based Violence (National Code).

For the first time, universities and other higher education providers will be legally required to
meet clear, evidence-based standards to prevent and respond to sexual assault and
harassment. The National Code also enhances the powers of the National Student
Ombudsman, who can now enforce compliance and hold institutions accountable.

This move follows years of advocacy from students, survivors and sector experts who have
called for greater transparency, consistency and accountability in how universities address
gender-based violence.

What is the National Code?

Universities that fail to meet mandatory obligations may face serious compliance penalties.
This marks a shift from voluntary initiatives toward enforceable standards to drive genuine
cultural change. The new National Code sets out the following mandatory requirements for
higher education providers:

• Taking evidence-based steps to prevent gender-based violence;
• Providing training and education for staff and students;
• Ensuring staff are qualified and equipped to support victim-survivors;
• Implementing robust reporting and response procedures; and
• Complying with recommendations made by the National Student Ombudsman.

Why Does it Matter?

Research shows that one in six university students in Australia have experienced sexual
harassment, and one in twenty have experienced sexual assault on campus. Too often,
those who reported such incidents felt unheard or unsupported.

The National Code recognises that universities are not only places of study, but also
workplaces and homes for many young people. Preventing and responding to gender-based
violence therefore requires a holistic, organisation-wide approach that prioritises both safety
and accountability.

Creating safe learning environments isn’t just a legal requirement, but fundamental to trust,
wellbeing, and equity in education. For organisations, this means ensuring the right policies,
systems, and culture are in place to prevent harm before it occurs.

What This Means for Education Providers?

For tertiary education institutions and other education providers, the National Code
underscores the importance of having clear, comprehensive safeguarding frameworks,
including:

• A code of conduct outlining expected standards of behaviour for all staff and
  students;
• Professional boundaries policies that set limits on interactions between staff and
  students;
• Complaint handling and reporting procedures that are trauma-informed and
  accessible;
• Training and education programs that build awareness and capability across the
  organisation; and
• Ongoing review and monitoring to ensure policies remain effective and compliant
  with legislative requirements.

Even organisations outside the university sector, such as the vocational training providers,
schools with tertiary partnerships, and student accommodation services, can learn from the
National Code’s approach to prevention, transparency and accountability.

The National Code marks an important step forward in ensuring that every student and staff
member can learn, work and live in a safe environment. For education providers, now is the
time to review safeguarding frameworks and ensure they meet the new national standards.
By proactively reviewing their safeguarding frameworks, organisations can strengthen their
culture of safety and demonstrate genuine commitment to the wellbeing of every student and
staff member. This is where expert legal guidance can make all the difference.

How Can Safe Space Legal Help?

At Safe Space Legal, we support education providers and learning organisations to meet
and strengthen their safeguarding obligations and build safer, more accountable
environments.

Our services include:

• Conducting independent investigations into allegations of misconduct in a trauma-
  informed and legally compliant manner;
• Providing legal advice on investigation outcomes and organisational risk;
• Auditing and drafting safeguarding policy suites, including codes of conduct,
  complaint handling procedures and professional boundaries policies;
• Delivering safeguarding training to ensure staff understand their roles and
  obligations; and
• Providing legal advice on compliance with sector-specific safeguarding frameworks
  and emerging regulatory requirements.

We understand that creating a culture of safety takes time, leadership and expertise. Our
work is grounded in empathy, independence and accountability, helping organisations move
beyond compliance toward genuine cultural change.

Contact our team to learn how we can support your organisation in meeting its obligations
under the new National Code.