Understanding the New Code: What Australian Higher Education Providers Must Do About Gender-Based Violence
The Australian government has introduced a mandatory National Higher Education Code to Prevent and Respond to Gender-Based Violence. This new regulation means higher education providers now have a legal responsibility to manage risks related to gender-based violence and to handle complaints appropriately.
Here’s what you need to know—and how HR teams and investigators can prepare.
What Does the National Code Require?
The National Code sets out clear, evidence-based standards for preventing and responding to gender-based violence (GBV), including sexual assault and harassment. Providers must implement an organisation-wide approach., which includes:
- Leadership accountability
- Data collection and reporting
- Education and training for staff and students
- Accessible support services
- Clear and timely response pathways
The Code applies to all on- and off-campus incidents, mandating prevention and strengthening victim-survivor support. Providers are subject to federal regulatory oversight, including new compliance measures and penalties for systemic non-compliance.
When Complaints Are Made:
When a student or staff member reports gender-based violence or harassment, the Code requires responses to be:
- Survivor-centred and trauma-informed: Prioritise safety, autonomy, and wellbeing. Provide early access to support and practical safety measures.
- Timely and proportionate: Acknowledge complaints quickly, assess risks, and implement interim safeguards if needed.
- Consistent and fair: Use transparent, trauma-informed procedures that respect procedural fairness and recognise power imbalances.
- Coordinated across the organisation: Involve wellbeing services, accommodation providers, HR, legal, and security as appropriate.
- Data-driven and accountable: Collect and report incident data to inform prevention and meet regulatory requirements.
Senior leaders face greater governance duties, such as formalising escalation processes, enabling independent review, and ensuring staff are trained and equipped to respond to identified risks.
Four Ways to Strengthen Your Team’s Compliance Capability
To meet the Code’s expectations and protect everyone involved in complaint management, focus on these four training priorities:
- Mandatory trauma-informed investigation training: Teach internal investigators trauma-informed interviewing, understanding trauma responses, avoiding re-traumatisation, and using victim-centred language. Recognise signs of trauma that may affect participation.
- Build cultural safety and intersectionality capability: Train teams in cultural competency, covering Aboriginal and Torres Strait Islander students, CALD students, students with disability, international students, and LGBTIQ+ communities. Understand how intersecting identities influence risk and trust in institutions.
- Up-skill in risk assessment, interim safety measures, and information-sharing law: Teach dynamic risk assessment, implementing precautionary measures, privacy, and lawful information sharing with police or other agencies.
- Train on fair process, evidence handling, and trauma-aware alternatives: Cover procedural fairness, evidentiary standards, secure evidence handling, and trauma-aware alternatives to cross-examination.
Conclusion
The National Code raises the standard for managing complaints in higher education. Compliance means combining rigorous fair-process skills with trauma-informed, culturally safe practices.
Is your team prepared for the new National Code requirements? Let’s work together to create a safer, more supportive environment for everyone in higher education.
Contact us today to discuss tailored in-house investigations training and compliance support for your institution
Worklogic has also introduced a new public training to support Education institution’s compliance with the new code. Conducting Investigations : National Higher Education Code to Prevent Gender-based Violence– February 18th & 19th 2026.