A new National Higher Education Code to Prevent and Respond to Gender-based Violence has been introduced in Australia, aiming to create safer learning environments for students and staff. The code includes mandatory disclosure requirements for prospective employees, a ban on non-disclosure agreements, and investigations into sexual misconduct at residential colleges.
Federal Education Minister Jason Clare tabled the National Higher Education Code to Prevent and Respond to Gender-based violence in parliament on Thursday. The code aims to create a safer learning environment for students and staff by outlining clear standards and responsibilities for universities regarding sexual misconduct .
It requires universities to implement a range of measures, including mandatory disclosure from prospective employees about any previous allegations or investigations of gender-based violence, a ban on non-disclosure agreements (unless requested by a victim-survivor), and mandatory investigations into sexual misconduct at residential colleges.Published in March 2022, a concerning report revealed that one in 20 students had experienced sexual assault on campus, one in six reported sexual harassment, and half felt unheard when they complained. The new code seeks to address these alarming statistics by empowering students, providing comprehensive support services, and holding universities accountable for fostering a culture of respect and safety. To enforce the code, a new specialist unit will be established within the Department of Education. This unit will have the authority to issue compliance and infringement notices, seek civil penalties, and pursue injunctions through the courts. The code also mandates universities to report on their actions every six months to governing bodies and ensure staff are trained to respond effectively to disclosures of sexual misconduct. The First Assistant Ombudsman, Sarah Bendall, highlighted the code's provision for the National Student Ombudsman to notify education providers of potential harm to students, aiming to address systemic issues and prevent future incidents. Universities Australia welcomed the legislation, stating that it complements existing initiatives aimed at addressing sexual harm within universities
Gender-Based Violence Sexual Assault Sexual Harassment Higher Education Universities Australia National Higher Education Code Mandatory Disclosure Non-Disclosure Agreements Sexual Misconduct
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