Bill Debate · Second Reading

Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Bill 2025, Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) (Consequential Amendments) Bill 2025; Second Reading

Senate · Tuesday 29 July 2025

Continued from Monday 28 July 2025.

Official Hansard for this day (APH) · Read this debate on OpenAustralia

At a glance

The Senate debated legislation establishing a national code to prevent and respond to gender-based violence in higher education. Government senators argued the bill addresses systemic failures by creating a standalone regulatory framework with enforceable standards and a new specialist unit within the Department of Education. Opposition senators supported the bill's core purpose but raised concerns about placing regulatory power within the department rather than strengthening the independent regulator TEQSA. They moved a second reading amendment to extend the code to cover antisemitism, citing a crisis of safety for Jewish students, which was not adopted.

Outcome

The bills were passed, and the second reading amendment to include antisemitism was not adopted.

Summary in reported speech - not a transcript. AI-generated, so check the official record before quoting.

How the debate unfolded

Continued the debate

Leah Blyth (SA) (Liberal Party) Liberal

Blyth opposed the bill's mechanism, arguing that delegating the creation of the national code to the Minister via delegated legislation allowed for government overreach and lacked sufficient detail. Briskey questioned the necessity of a new dedicated unit within the Department of Education, suggesting it added bureaucracy when existing bodies like the National Student Ombudsman and TEQSA could be strengthened. Blyth highlighted the absence of measures to address antisemitism on campuses, noting that over half of Jewish students hid their identity due to safety concerns. Blyth criticised the government for delaying action on antisemitism recommendations from the Special Envoy to Combat Antisemitism in Australia pending a separate report on Islamophobia.

Government response

Nita Green (Assistant Minister for Tourism; Assistant Minister for Pacific Island Affairs; Assistant Minister for Northern Australia) ALP QLD

Green supported the bill as a critical step in holding universities accountable for gender-based violence, citing inquiry findings that one in 20 students reported sexual assault and one in six reported harassment. Green explained that the legislation creates a standalone regulatory framework requiring providers to maintain records, report compliance, and implement trauma-informed responses. Green noted that the new specialist unit within the Department of Education would monitor compliance and that annual reports would be tabled in parliament. Green emphasised that the code would apply to all higher education providers, including student accommodation, and would commence for universities on 1 January 2026.

Opposition response

Maria Kovacic (Shadow Assistant Minister to the Leader of the Opposition; Shadow Assistant Minister for Women; Shadow Assistant Minister for Child Protection and the Prevention of Family Violence) Liberal NSW

Kovacic stated that the coalition supported the bill's intent to protect students from gender-based violence, acknowledging the alarming statistics from the 2021 National Student Safety Survey. Kovacic expressed concern that placing regulatory responsibility within the Department of Education risked politicising enforcement and undermining confidence in impartial regulation. Kovacic moved a second reading amendment to establish an additional national code to prevent and respond to antisemitism, citing the need to address the safety of Jewish students and staff. Kovacic argued that universities must ensure all students can debate ideas freely without fear of intimidation based on gender or faith.

Sarah Henderson (VIC) (Liberal Party) Liberal mixed

Henderson indicated coalition support for the bill's purpose but criticised the government for failing to strengthen TEQSA's powers previously. Henderson argued that the creation of a new departmental unit with approximately 16 staff indicated a lack of leadership in holding the existing regulator accountable. Henderson moved a second reading amendment to implement a code preventing antisemitism, citing a surge in hate incidents since October 2023 and the government's failure to act on the Special Envoy's recommendations. Henderson outlined coalition policies including a commission of inquiry, adoption of the IHRA definition, and deportation of visa holders guilty of antisemitic misconduct.
Deborah O'Neill (NSW) (Australian Labor Party) ALP support

O'Neill argued that the bill addressed a decade of neglect by establishing enforceable national standards and ending self-regulation in the higher education sector. O'Neill explained that the national code would require vice-chancellors and chief executives to be personally accountable for compliance and to implement trauma-informed responses. O'Neill defended the establishment of a specialist unit within the Department of Education, stating it had the authority to investigate concerns, issue compliance notices, and pursue civil penalties. O'Neill emphasised that the legislation was part of a broader action plan agreed to by all education ministers in February 2024.
Charlotte Walker (SA) (Australian Labor Party) ALP support

Walker highlighted the prevalence of sexual harassment and assault on campuses, citing survey data and personal accounts from the STOP Campaign's #IDeserveSafety survey. Walker argued that the bill forced universities to take complaints seriously by mandating whole-of-organisation plans and regular reporting to governing bodies. Walker noted that the new specialist unit would monitor compliance and that the secretary could publicly disclose non-compliance to ensure transparency. Walker stated that the legislation addressed systemic cultural issues by requiring evidence-based education and training for staff and students.
Jacinta Nampijinpa Price (NT) (Country Liberal Party) Country Liberal Party mixed

Price stated that the coalition supported the bill's purpose but maintained concerns about regulatory authority residing in the Department of Education rather than an independent body. Price argued that a national code to prevent antisemitism was crucial due to the alarming increase in incidents on campuses since the October 2023 attacks. Price cited the Special Envoy to Combat Antisemitism's report, which recommended withdrawing funding from universities failing to address antisemitic conduct. Price moved the amendment to ensure Jewish students and staff could engage safely and freely within higher education institutions.