Universities to Face Penalties If They Fail to Deal With Gender-Based Violence on Campus

People study on campus at the University of Technology Sydney, in Australia, on April 6, 2016. Brendon Thorne/Getty Images

A new bill will hold universities and their leadership directly accountable for preventing and addressing gender-based violence.

The Universities Accord (National Higher Education Code to Prevent and Respond to Gender-Based Violence) Bill 2025 requires tertiary providers to implement and report on the measures they deploy to tackle sexual violence and harassment.

“We will ensure that vice chancellors and CEOs make a whole-of-organisation plan and report to their governing bodies every six months on the actions they are taking to implement it,” said Education Minister Jason Clare as he introduced the Bill to Parliament on Feb. 6.

New Ombudsman with Royal Commission Powers

The introduction of the bill comes just days after the launch of the National Student Ombudsman, an independent body with powers similar to a royal commission.

Led by Sarah Bendall and Commonwealth Ombudsman Iain Anderson, this new body will investigate complaints, including recent issues with anti-Semitism.

“This gives the findings and recommendations of the Ombudsman real teeth,” Clare said.

Universities must implement recommendations from the Ombudsman.

Australian Education Minister Jason Clare speaks during the Universities Australia Conference dinner at Parliament House in Canberra, Australia, on Feb. 22, 2023. AAP Image/Mick Tsikas

A Focus on Campus Living

The proposed bill mandates universities train staff and students to respond appropriately to gender-based violence, it prohibits non-disclosure agreements unless requested by the victim-survivor, and requires universities to report on the effectiveness of their policies.

Student accommodation—whether on-campus or affiliated with the university—will also need to meet new safety standards, this also extends to third-party providers.

“University is not just a place where people learn. For many students, it’s where they live,” Clare said.

Penalties for Non-Compliance

The government said the bill was created in consultation with victim-survivor advocates, students, and experts in gender-based violence.

To support compliance, a new gender-based violence unit will be established within the Department of Education.

This unit will have significant powers, including the ability to issue compliance notices, impose civil penalties, and enforce recommendations made by the Ombudsman.

“This gives us the ability to measure the changes that their policies are securing, informing compliance, ensuring accountability, and contributing to the national evidence base,” Clare said.

Report Highlights Underreporting of Sexual Violence

A recent report commissioned by Universities Australia reported the prevalence of sexual assault and harassment on campuses, revealing that one in 20 students (4.5 percent) had been sexually assaulted since starting university.

Meanwhile, the National Student Safety Survey found that 48 percent of students had experienced sexual harassment at least once in their lifetime, with one in six (16 percent) reporting such incidents since beginning their studies.

However, only 5.6 percent of students who experienced sexual assault and 3 percent of those who faced harassment made formal complaints to their universities—both lower figures than in 2016.

The situation is further compounded by students’ dissatisfaction with the process.

Only 29.7 percent of those who reported sexual assault in 2021 were satisfied with the university’s response, and satisfaction for those reporting harassment was slightly higher at 41.3 percent.

The report also revealed that more than half of students surveyed were unfamiliar with their university’s policies on sexual assault and harassment, and almost as many did not know where to seek support or assistance.