The government has introduced new legislation to enforce stricter safety standards across all Australian universities in a long-overdue move to address sexual violence on campuses.
For the first time, universities will be held accountable to a National Higher Education Code to Prevent and Respond to Gender-based Violence, making campuses safer for students and staff alike.
The new legislation was tabled in parliament this week by Education Minister Jason Clare, who acknowledged “not enough has been done” to address sexual violence at universities.
It follows 2023’s Australian Universities Accord Interim Report, which flagged the need for immediate action on sexual violence as one of its five key priorities.
“For too long students haven’t been heard,” Clare said in a statement on Thursday.
“Universities aren’t just places where people work and study, they are also places where people live, and we need to ensure they are safe.”
The National Higher Education Code will set strict guidelines for how universities prevent and respond to sexual violence. It will apply across all campuses, including residential colleges, and will mandate staff training to ensure they’re equipped to support victims effectively.
It will also require universities to report back every six months on their efforts to improve campus safety.
Minister for Social Services Amanda Rishworth echoed Clare’s comments, calling gender-based violence “unacceptable in any form” and stressing that everyone on campus deserves to feel safe.
“No one should feel unsafe or unheard when they make a complaint. Ending gender-based violence is everyone’s responsibility,” Rishworth said.
One in two students have felt ignored when they made a complaint, per a national survey on student safety. (Image source: Tinnakorn Jorruang / Getty Images)
A major part of new legislation is a requirement for universities to ask prospective employees if they have previously been accused of or investigated for sexual assault or harassment.
Non-disclosure agreements will also be banned — unless it is requested by a victim-survivor — in a move to ensure transparency and accountability.
The government said it is also setting up a new unit within the Department of Education to monitor compliance with the code. This unit will have the power to issue compliance notices and, if universities fail to meet the standards, will be able to pursue penalties or injunctions.
The code follows shocking statistics from the 2021 National Student Safety Survey, which found that one in 20 students had been sexually assaulted since starting university and one in six had been sexually harassed.
Even more concerning, one in two students reported feeling ignored when they made a complaint.
National gender equity campaigning group Fair Agenda — which was among the key advocates consulted in the formation of the code — said this could now deliver “transformative change” for students if adopted in its current form.
“For too long, student victim-survivors have faced harmful actions from their universities, compounding the harm of their assault. 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,” observed Fair Agenda co-founder Renee Carr in a statement.
“It shouldn’t have taken decades of victim-survivors calling out for reform to make it happen; but we’re glad that Minister Clare and other champions across the parliament have now listened and led the development of this strong reform model.”
The National Student Ombudsman will be a major player enforcing the code. It began accepting complaints earlier this month on February 1 and is tasked with investigating complaints and acting on systemic issues.
It will also have the authority to ensure universities implement recommendations and will provide a crucial platform for students who feel their concerns have been ignored.
“There is a provision in the National Student Ombudsman to act to notify education providers of misconduct – it’s all in the abstract until we get going,” explained First Assistant Ombudsman Sarah Bendall, per the Sydney Morning Herald.
Here’s to universities stepping up to make campuses safer for everyone.
Lead image: Tinnakorn Jorruang and Kokkai Ng / Getty Images
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