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Education Minister Jason Clare.Credit:Alex Ellinghausen

The National Higher Education Code to Prevent and Respond to Gender-based Violence would require the nation’s universities set standards,report to governing bodies every six months on what actions they have taken,provide safe environments and train staff on how to respond to disclosures.

“The code will also ensure that when the worst happens,students and staff have access to the best response possible,” Clare said.

Universities must ask prospective employees to declare any allegation or investigation of gender-based violence in their previous job. Non-disclosure agreements would also be banned – unless a victim-survivor requested one – and universities must investigate sexual misconduct at their residential colleges.

To enforce the code,a new specialist unit would be established within the Department of Education with powers to issue compliance and infringement notices and seek civil penalties and injunctions through a court.

The code comes after continued campaigning since theAustralian Human Rights Commission’sChange the Course report highlighted failures in 2017.

According to theUniversity Australia National Student Safety Survey published in March 2022,one in 20 students had been sexually assaulted on campus,one in six reported being sexually harassed and one in two felt they weren’t heard when they complained.

Fair Agenda’s Renee Carr,who was on the expert reference group for the code,said she believed that – if adopted in its current form – it would create “transformative change” for students.

“For too long,student victim-survivors have faced harmful actions from their universities,compounding the harm of their assault,” she said.

“Too many have been left without support for their safety on campus or in exam spaces and have been left to drop out or fail as a result.

“For too many students this comes too late. But we want to acknowledge the brave victim-survivors who have fought for change over decades,who made this possible.”

The code would also require providers implement recommendations of the National Student Ombudsman,which began taking complaints on February 1.

First Assistant Ombudsman Sarah Bendall said the office would tackle systemic issues,ensure providers were notified of potential harm to students and address matters that slipped through the cracks.

“There is a provision in theNational Student Ombudsman to act to notify education providers of misconduct – it’s all in the abstract until we get going,” she said.

Universities Australia – which had previously warned against prioritising sexual assault complainants above alleged perpetrators – welcomed the legislation,saying in a post on social media that it complemented the “many existing initiatives our universities have in place to address sexual harm”.

For support contact the National Sexual Assault,Domestic and Family Violence Counselling Service on1800RESPECT.

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