Jonathon Duniam (Tasmania, Liberal Party, Shadow Minister for Environment, Fisheries and Forestry) Share this | Link to this | Hansard source

It's a pleasure to rise to speak to the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Bill 2025 and the related bill, the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) (Consequential Amendments) Bill 2025. The coalition, unsurprisingly, supports this bill and, of course, the purposes of it: to establish a national code to prevent and respond to gender-based violence in higher education. It affirms that everyone on a university campus, be they students or staff—and residents as well—has the absolute right to be safe.

The Universities Australia 2021 National Student Safety Survey reported some very alarming figures for all of us to consume, those being that one in 20 students report being sexually assaulted and one in six, shockingly, report being sexually harassed. Over half of students didn't understand the formal reporting processes available to them, and almost half were unaware of where they would be able to get support.

The bill, of course, is necessary because the Tertiary Education Quality and Standards Agency, TEQSA, failed to hold universities accountable. TEQSA does have existing powers to highlight university failures but did not act, and the minister did not strengthen TEQSA's powers or hold the regulator to account. This will establish a specialist unit within the Department of Education to act as the new regulator.

The coalition does have some concerns about placing regulatory responsibility within the Department of education rather than strengthening the independent regulator, TEQSA. The coalition notes that embedding this function within the department risks politicising regulation and undermining confidence and impartial enforcement. The minister is granted broad powers to set and enforce the code via legislative instrument. However, we are committed to supporting the initiatives in the higher education sector that aim to prevent and respond more effectively to the pervasive issue of gender based violence at university campuses. The coalition again acknowledges the work of advocates like Fair Agenda, End Rape on Campus and the STOP Campaign to improve the safety of students and staff on campus.

However, more action, of course, must be taken by this government to respond not only to the terrible proliferation of this activity but also to the rise of antisemitism on university campuses. That is why we foreshadow a second reading amendment to the bill, which is similar to an amendment that was moved in the last parliament to this bill's predecessor. The coalition's amendment seeks to establish an additional national higher education code to prevent and respond to antisemitism. It responds to the real and urgent circumstances of antisemitism that students are facing at universities. We know that young people under 35 don't recognise the seriousness of antisemitism and don't treat it properly, and that is in part because of what is happening at our universities. Universities should be life-transforming places where people go to get an education. They should help give students more opportunities in life. They should be a place where students can freely debate and engage in ideas. Recently, there has been an attempt to silence and intimidate Jewish academics, Jewish staff and Jewish students.

In addition to creating a code to prevent and respond to antisemitism, this amendment would make it clear to all higher education students, staff and providers that everyone on a higher education campus has a right to feel safe. It would also impose on universities a range of obligations considering student and staff safety, which is very important given the alarming increase in antisemitic incidents on university campuses since 7 October 2023, and it would also ensure that higher education providers must comply with the recommendations of the National Student Ombudsman concerning the national higher education code to prevent and respond to antisemitism. The coalition notes that we moved a similar amendment, as I mentioned before, when this bill was before the House of Representatives, the other place, earlier this year.

No student should have to choose between their safety and their education. An August 2023 national survey found that 64 per cent of Jewish university students experienced antisemitism, 57 per cent hid their identity and 19 per cent avoided campus due to safety fears well before the sickening events of October 7. We've seen clear attempts to silence and intimidate Jewish academic staff and students. That is, frankly, completely unacceptable. University campuses must be safe for everyone, and that includes Jewish Australians. Of course, the government has had years to act, along with universities, but unfortunately to date have failed to provide protection, recourse or cultural change.

The Special Envoy to Combat Antisemitism in Australia, Jillian Segal AO, noted that antisemitism is ingrained and normalised in academia and in cultural spaces. The special envoy has proposed to work with government and grant authorities to withdraw or terminate public funding from universities where antisemitic conduct isn't adequately addressed. The special envoy has recommended:

Should significant problems remain at universities by the start of the 2026 academic year, as assessed by the Envoy's report card, a dedicated judicial inquiry should be undertaken to address systemic issues, including the investigation of foreign sources of funding for antisemitic activities and academics at universities.

This report shows that antisemitism is not just a problem of security or law enforcement; it's a cultural and societal cancer that needs attention through our schools, our universities, our media and indeed even the arts. The report confirms what Jewish Australians have been telling us for months—that antisemitism has surged to crisis levels while our prime minister has refused to act. The report shows that it's not just a problem for security and defence forces; it's much broader than that.

The Prime Minister has failed to commit to the actions required in the plan delivered by the special envoy, and he hasn't been able to indicate which ones he will support and which ones he will not. As the Executive Council of Australian Jewry co-chief executive Alex Ryvchin said:

Ms Segal is the government's expert adviser on addressing the specific problem of anti-Semitism and, after deep consultation, she has produced a clear and practical road map for ending a crisis of more than 21 months and counting. This is something that cannot wait.

So it does beg the question of why we are waiting for the report relating to the activities related to Islamophobia before we act on the special envoy's report. We do commend this second reading amendment to the Senate, and, as I indicated before, the coalition will support this bill.

Marielle Smith (SA, Australian Labor Party) Share this | Link to this | Hansard source

I rise to speak on the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Bill 2025. Too many young people over too many years have had a story to share about feeling or being unsafe on campus. We know that's happening right around the country. I started university 20 years ago this year. It wasn't safe enough then; it's not safe enough now. I and many others can share stories of feeling and being unsafe on campus, and it's a reality lived by too many young women around our country today.

I've met with the National Union of Students many times, and I want to acknowledge their work and advocacy and their fight for student safety on campus. I particularly acknowledge the work of women's officer Ellie Venning from South Australia. The NUS have been fighting every day for safer campuses, and they support the implementation of the code. Through their work, they've highlighted that, even where universities have protocols for addressing harassment and gender based violence, staff often lack specific training and wellbeing counsellors are not equipped to support culturally and linguistically diverse or queer students.

According to the National Student Safety Survey 2021, nationally we know one in two students knew nothing or very little about the reporting processes for harassment. In my home state of South Australia, that number is even higher at 59 per cent. Of course, when we talk about this issue and the many aspects of it, we are not talking just about numbers; we are talking about real people. Our future teachers, our future doctors, our future clinicians, our future engineers—every single one of them is taking up that life-changing opportunity that university can present, many of whom have fought extraordinarily hard to take their place on campus and step into the future they want to create for themselves, too many feeling unsafe, too many being unsafe, who have been fundamentally let down.

We know that when students do report incidents, many believe that police are their only option, and only if there is CCTV footage, otherwise it becomes their word against the perpetrators'. We know the stress and anguish of this when students are making decisions about reporting or about their future actions. We know of students going to great lengths to avoid their perpetrators, including changing tutorials, disrupting their studies or leaving their studies. We see the burden falling on them to adjust. While every university sets its standards, we know we can see perpetrators moving between campuses or moving between universities.

The evidence is abundantly clear that gender based violence, specifically sexual violence and harassment, is occurring in our higher education institutions at significant and unacceptable rates. We know that too many students and too many staff members simply don't know where to go for support. They don't know how to make a complaint. We know they have been fundamentally and thoroughly let down. It simply cannot be left in the too-hard basket any longer. The latest student safety survey showed us that a staggering number of students are being sexually assaulted each year in a university setting—hundreds a week—a third of universities don't have taskforces or committees set up to address sexual violence, and many are not simply meeting the mark when it comes to transparency. This just has to change. I acknowledge that I don't think there is a single person in this chamber who doesn't see that.

This bill is part of our action plan addressing gender based violence in higher education, agreed to by all education ministers last year. The National Student Ombudsman was another key measure of the action plan which kicked off in February. These measures, when taken together, help ensure greater oversight and accountability of higher education providers and will help drive the social change we need to see in the higher education sector to prevent and respond to gender based violence. The ombudsman was a necessary first step towards keeping students safe and ensuring they are heard when they make a complaint. This bill is a crucial next step.

I want to reiterate that many, many people have been calling for these reforms for a long time. Many have advocated and campaigned for them and supported them. This bill will establish a new standalone regulatory framework to reduce the incidence of gender based violence. It's about working with our world-class universities to keep staff and students safe.

We know from the Universities Accord final report that at least 80 per cent of our workforce will need a VET or university qualification by 2050. Currently, 60 per cent of our workforce has a higher education qualification. By the year 2050, 80 per cent will need not just to have completed high school but to have gone to university or TAFE or to have had some other higher education or tertiary studies. What this means is that for our economy to thrive, for states like South Australia to reach their full potential, we need more Australians taking up the opportunities of higher education. Those Australians need to feel safe when they step onto campus. They need to know where to go for support. We shouldn't accept any reality which sees a single Australian, a single young woman, abandon her study, abandon the future she has marked out for herself, abandon every shred of work she has put in to go to university and to set herself on a course to live the future that she desires and sees for herself, because she wasn't safe or didn't feel safe. That is a future we should all reject. This bill is long awaited, especially for students and victims-survivors. I commend it to the Senate.

Larissa Waters (Queensland, Australian Greens) Share this | Link to this | Hansard source

I rise today to speak in strong support of the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Bill 2025. This bill enables the minister to make a national higher education code to prevent and respond to gender based violence—not that you would know that from the contribution from the opposition education spokesperson, but I suppose it's pretty typical of the Liberals to ignore and erase women. The national code is in fact about gender based violence, and it's the next step in responding to the Australian Universities Accord interim report, after we've already had the creation of the National Student Ombudsman and the Action Plan Addressing Gender-based Violence in Higher Education. The Greens support this bill, and we welcome this next step in both preventing and tackling sexual violence on campus.

This bill will create, for the first time, meaningful and detailed standards that universities must meet in relation to gender based violence. These standards will be endorsed by a specialist unit within the Department of Education, and, where universities fail to meet these standards for student safety, this unit will finally have the power to enforce penalties, including financial penalties.

I want to extend a deep and heartfelt thankyou to all of the activists and groups that campaigned for this outcome, including Fair Agenda's Renee Carr, End Rape on Campus Australia's Sharna Bremner, the STOP Campaign's Camille Schloeffel, and Dr Allison Henry, who have been working to shape this code. They have been working on the issue of sexual violence in universities for many years. They have done incredible work. It's their advocacy that has seen us pass this bill tonight.

I would also really like to acknowledge the survivors who've faced harmful actions from their universities, compounding the harm of their assault. Too many people, mostly young women, have been left without support for their safety on campus, on res and in exam rooms. They have been left to drop out or fail, as a result of the failure to prevent that sexual assault on campus and as a result of the failure of universities to take action to keep those students safe on a university campus in that setting. It's unforgiveable and it has life-changing consequences for people.

The code as tabled will be transformative for students. It will finally provide an avenue to shift university practices to improve outcomes for survivors, who've been too often left abandoned by their universities. It will also provide an avenue for the new expert unit in the department to enforce compliance, which TEQSA, the tertiary education regulator, has so roundly failed to do. In the Senate inquiry into sexual consent laws in 2023, which I participated in, along with Senator Scarr and Senator Green, who I understand will speak next, it was abundantly clear that TEQSA had utterly dropped the ball on its responsibilities and that women and young people, who had suffered legions of sexual abuse and harassment, were further damaged and utterly retraumatised by the failure of the regulator, TEQSA, to do its job. I am glad that we're here today—essentially sidelining TEQSA for this matter and setting up a process that there is much hope will deliver accountability. We also need to focus on prevention. Through the course of that inquiry, we delivered a unanimous report that recommended an independent taskforce to hold universities to account on sexual violence, as well as an urgent review into the response to sexual violence on campus by the Tertiary Education Quality and Standards Agency, TEQSA.

The conduct of the universities in covering up sexual assault and harassment on campus, rather than actually addressing student concerns and keeping students safe, which we revealed through that inquiry, was utterly reprehensible. They were more concerned about protecting themselves and their own reputations than they were about protecting student safety, and that's unforgivable. We even learned that Universities Australia went so far as to cancel a student-led $1½ million consent education and sexual assault prevention campaign on campus because a few old dinosaurs, including the then head of Universities Australia, thought it was too risque. It was consent education for adults, student designed so that it would meet students where they were at, and it was cancelled, and that money got unilaterally funnelled into a staff program. I'm really glad that all of that work has culminated in the bill that we are debating and hopefully passing shortly. Repeated examples of universities failing to make real changes to protect students mean that the ombudsman, and now the code, must be equipped to do that.

Universities have to be safe places for students to learn and to thrive. That inquiry and its recommendations wouldn't exist without the work of those courageous advocates, some of whom I've named already. A few additional powerful advocates are Saxon Mullins, Nina Funnell, Grace Tame, Chanel Contos, Sharna Bremner, Camille Schloeffel and many, many more who have consistently pushed for laws and consent education to be informed by the lived experience of sexual assault survivors.

We're really eager to see this code mandated as soon as possible so that no more students have to wait for these safety protections. This is long overdue. These survivors deserve this protection. Those assaults should never have happened in the first place. We've got to work on the cultural changes to prevent them. We've got to make sure that universities don't retraumatise people by utterly failing them when they're most needed. We have great hope that this code, developed by survivors, might get us there.

Paul Scarr (Queensland, Liberal Party, Shadow Minister for Immigration) Share this | Link to this | Hansard source

At the outset, I acknowledge the role that Senator Waters played in the Senate inquiry into current and proposed sexual consent laws in Australia, which went through the Legal and Constitutional Affairs References Committee, and thank her for her role and ongoing advocacy in relation to these issues. I note that Senator Green is going to be speaking after me—

Nita Green (Queensland, Australian Labor Party, Assistant Minister for Tourism) Share this | Link to this | Hansard source

Yeah, I wanted to.

Paul Scarr (Queensland, Liberal Party, Shadow Minister for Immigration) Share this | Link to this | Hansard source

Or maybe somewhat later. But I also acknowledge your role, Senator Green, in relation to the inquiry. I suspect that, when I look back on my time in the Senate, this will be some of the most important work I think I've done. It's hard to imagine anything more important than protecting people on our university campuses.

I want to quote from the report we delivered, and we didn't say this lightly:

… It is a searing indictment of Australia's university sector and the regulator, the Tertiary Education Quality and Standards Agency (TEQSA), that dedicated and courageous advocates for university students who have suffered from sexual violence on campus should hold the view that the process of making complaints and how universities and the regulator deal with such complaints is causing great trauma to the victims of sexual violence. In the strongest terms, this committee says that is a shameful state of affairs. It is unacceptable.

On that basis, I am very, very, very pleased to have the opportunity to speak in favour of the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Bill 2025. In doing so, I also would like to acknowledge all the victims-survivors who have suffered the unbelievable trauma they've suffered on campuses and who have then been retraumatised by the way in which the institutions have responded—in some cases in an absolutely callous and cruel way. I acknowledge each and every one of those victims-survivors.

From the bottom of my heart I would also like to pay tribute to the team at End Rape on Campus. I pay tribute to the founder, Sharna Bremner, who gave evidence to the committee. I also pay tribute to Nina Funnell, who also gave evidence to the committee. I pay tribute to their advocacy and I pay tribute—and I'm not sure words are sufficient in this regard—to the support which they provided victim-survivors. During the course of the committee, I think Senator Green, Senator Waters and I obtained an insight, a small insight, into the toll that that took on Sharna and Nina and, indeed, on other advocates in this space. The support which they gave victims-survivors, to use two terms which are used in the national code, was person-centred, which means that it took into account the needs and preferences of the person at the centre of the incident who suffered traumatic experiences, and also trauma-informed, creating that experience of safety and trust and providing empowerment to the victim-survivor.

Perhaps the best way I can pay tribute to both Sharna and Nina is to say that, when I read the code—and I've read the code—I went back and read their evidence as to some of the issues they were facing. I'll quote from Ms Bremner in this regard:

A really common theme among the students we've supported over the last eight-nine years now is, 'My rape was bad, but the way my university responded was worse.' We hear very often the effects of retraumatisation once students have reported. They feel incredibly unsupported, even if they can find where to report in the first place …

When they are reporting, we are still seeing extensive delays in responses by universities … Once that process starts, students are still finding that simple requests for extensions, because they're dealing with trauma, are being denied or that they have to provide material from a psychologist …

If they make it through all of that, if they get to a point where they file a complaint and the university decides to look into it, they're then told that they can't tell anyone they filed a complaint … Then if they somehow manage to still forge ahead and get through all of it they're often told they can't get an outcome to their complaint because of privacy reasons.

Ms Funnell stated:

… we can do simple things to help students stay engaged with their education, such as allowing them to move tutorials so they don't have to sit with the offender—

It's absolutely astonishing that it requires the implementation of a national code through this place to force all universities to take appropriate action—

allowing them to have flexibility in their timetabling and their exams; not making them disclose afresh to every single one of their lecturers and every single one of their tutors—

that is, disclose what happened to them—

not having to produce medical documentation over and over again; and also allowing them to move bedrooms in residences so they don't have to sleep in the room where the rape happened.

That's the evidence we received, and I'm so pleased that, when I went through the national code, it ticked off all of the issues. Every single issue which Ms Bremner and Ms Funnell raised has been dealt with in the code, and that is tremendous.

Lastly, I want to quote from an announcement which End Rape on Campus actually put up on their website:

End Rape on Campus Australia has now permanently closed.

… Almost 9 years to the day since our founding, we've done the thing that all organisations like ours should be aiming to do—we've advocated ourselves out of business. We're incredibly thankful to everyone who has supported us over the years

Well, we're incredibly thankful to you, Sharna and Nina, for all the work which you've done. Can I just say that, while your job is done, our job continues in terms of making sure that this new system works, analysing and scrutinising disclosures which are made under the new system and holding the university sector to continuous account to make sure they're doing the right thing by our students.

Ellie Whiteaker (WA, Australian Labor Party) Share this | Link to this | Hansard source

It's my absolute pleasure to rise this evening and talk to the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Bill 2025 and the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) (Consequential Amendments) Bill 2025. It's really clear that these bills are the result of a lot of work by a number of senators in this place, and I particularly want to acknowledge Senator Nita Green for her work on bringing these bills here. Everyone deserves to feel safe at work and when they're studying at university, wherever that happens to be around the country, and that's why we've taken this step to ensure that higher education providers are proactive in their efforts in preventing gender based violence on campus, as well as putting in much-needed, better support for the students who need it and for those victims-survivors.

It's clear that, for too long, students and staff have felt let down by convoluted, unsatisfactory reporting processes. Systems that should have offered protection have instead added pressure, forcing victims-survivors to carry the burden of navigating complex complaints pathways just to seek the justice and support that they deserve. We know that inadequate reporting systems and a lack of proper support infrastructure can have serious and long-term consequences not just for the mental and physical health of victims-survivors and the people around them but also for the educational outcomes of students. Many felt they had no choice but to withdraw from their studies altogether. This works against the sole purpose of a higher education provider, which is to provide education to students, so that's why we are taking this action now.

The National Plan to End Violence against Women and Children is the blueprint that underpins this bill. It's agreed to by every government and every education minister across the country. It's an ambitious plan to end gender based violence in a generation. For too long, dealing with gender based violence has been an issue put in the too-hard basket by successive coalition governments. Students, particularly young women, have been let down—let down by institutions who have failed to act, let down by systems and people that didn't listen, and let down by governments who have looked the other way. It's just not good enough. This is a plan grounded in evidence, taking a trauma informed approach and putting the voices of victims-survivors front and centre, because we say enough is enough.

Gender based violence, we know, is driven by inequality, disproportionately impacting women, people of colour, the queer community, First Nations students and students with a disability. This is such an important bill. It aims to protect students vulnerable to systemic oppression and aims to deliver better outcomes, ensuring safety across every element of campus life, whether that be in the classroom, at student accommodation or in university clubs.

I too want to acknowledge the many victims-survivors who participated in the committee processes and shared their stories, which have been really key in putting together the plan that is laid out in this bill. The plan lays out seven actions that will guide implementation and ongoing accountability. The first step is the establishment of the National Student Ombudsman, a truly independent pathway to justice for students and staff impacted by gender based violence on campus. The second is to have all higher education providers embed a whole-of-organisation approach to prevent and report gender based violence within their organisation, led by the most senior executives and governance bodies.

Universities are so often the ground for social movements. For many students, university is the place where they find their voice, share their passions and form their beliefs. These are environments where often we're first challenged and taught to challenge what we know and what we believe. Universities deliver leaders, thinkers and workers. So this is an opportunity to make lasting change not only on campus but for a generation of young people. It's why a whole-organisation approach is so important.

The third action under this bill is to strengthen provider accountability for systemic issues relating to gender based violence by introducing a new National Higher Education Code to Prevent and Respond to Gender-based Violence. This code will be led by a new expert unit, initially sitting within the Department of Education. The purpose of this unit will be to assist higher education providers by building their capacity to prevent and respond to instances of gender based violence, as well as ensuring that the work being undertaken is informed by the latest and evolving evidence. Ensuring there is space for best practice to grow and change with the times is crucial for these programs to become part of real and lasting cultural change.

Another really important area is, of course, student accommodation, a place where we know that safety is particularly important and often, unfortunately, particularly at risk. Safety, of course, doesn't just stop at the classroom door. That's why this plan calls on student accommodation operated both by universities and by other independent providers for more seamless collaboration between those universities and accommodation, including in cases where the university doesn't directly manage that accommodation. This is really important so that victims-survivors don't have to make multiple reports and recounts of what has happened and, if a student does suffer harm in residential housing linked to a university, then the institution, the university itself, will still be expected to respond in the appropriate way.

These are not just one-time initiatives; this is long-term structural change, because we're in it for the long haul. Gender based violence has no place in our lecture halls, our labs, our libraries or our student accommodation. With this plan, with these reforms, with this shared commitment, we are building a future where higher education ensures every person is safe, respected and able to thrive. The evidence is stark, and it bears repeating. One in 20 university students report being sexually assaulted during their studies. One in six has experienced sexual harassment. Half feel they were not heard when attempting to report those experiences. So this legislation is about something that should never be up for debate—that every student and every staff member on every campus across our country should feel safe in their place of study or work. This bill is a critical part of this government's response to those failures.

Part of the Action Plan Addressing Gender-based Violence in Higher Education, agreed to by every education minister across the states and territories earlier this year, sets out some really important objectives: to reduce the incidence of gender based violence in higher education; to establish national standards for prevention and response to gender based violence; and to create a regulatory framework to monitor and enforce compliance. This builds on the establishment of the National Student Ombudsman, which began its work in February, giving students a new independent avenue to escalate complaints, with real powers to investigate, recommend and now, through this bill, see those recommendations enforced.

What this means and why it matters so much is that it moves us from a patchwork of voluntary efforts to a really clear set of national standards, a national code which is underpinned by legislation that all providers must meet. Really critically, accountability will no longer sit within a committee or taskforce or be buried in some report somewhere that just sits on someone's desk and is ignored. Accountability sits at the very top of our universities, with vice-chancellors and governing bodies. They will be required to report on what they're doing not just in responding to gender based violence when it occurs but also in preventing it. There will be an obligation for them to train staff and student leaders so that everyone on campus has an understanding of what they can do to be a part of this change; to provide trauma informed care to victims-survivors who need it; to track and publish data; to provide accountability so we can see the true depth of where and when this is happening; and, importantly, to listen to students, especially those who have lived experiences. In unfortunate circumstances where a university fails to act, the government will now have the tools to intervene, because universities must be responsible for what happens on their campuses. They have an obligation to keep every student and every staff member safe, and that should be a proactive obligation.

I understand that there are some in the sector that have raised concerns about the regulatory burden that this may create. But to them I would say this: the burden of action for too long has fallen on students. For too long, it has fallen on victims-survivors, and those costs, psychological, educational and social, are far greater than the costs of any compliance requirements in this bill and in our broader plan to tackle this issue. That's why the government is establishing this gender-based-violence unit—not just as a watchdog but as a partner, offering guidance, advice and support so that institutions are best able to provide support and meet their obligations. It's not just about punishing institutions for the sake of it. It's about driving cultural change. It's about making sure that no student or staff member is ever made to feel like their problem is being managed away or ignored, like their experiences aren't important and like action won't be taken.

We know that many universities across the country, including in my home state of Western Australia, have already taken steps in the right direction. There is, of course, more work to do. This legislation supports those efforts and provides consistency right across the country to make sure that no-one falls through the cracks simply because of where they study. This bill follows many months of broad consultation within the sector with advocates, victims-survivors, experts, accommodation providers and students. It is not just a project that began in isolation; it was shaped by real experiences. I think that's one of the things that makes this so important and makes it a bill that really will deliver the kind of lasting change that we need.

Why does this matter so much? Why is it so significant? It's the first time that accountability has been clearly assigned to senior leadership at institutions, at universities, with the governing bodies of those universities to receive biannual progress reports. It mandates prevention education built from evidence and lived experience. It brings student accommodation clearly within a university's responsibility, regardless of whether or not they run or own the accommodation. It builds a national database on prevalence and outcomes, so we can measure whether interventions are working and take action if they are not. It provides enforcement powers where voluntary reporting has repeatedly failed. It does this because we believe that students should not have to fight for safety, that they should not have to navigate trauma alone and that they shouldn't be asked to settle for less from the institutions that are meant to support them.

This is about doing better for university students. It's about doing better for young people. It's about doing better for the staff on those university campuses. It's about making our higher education system stronger. It's about making our higher education system better, and it's about making our higher education system one that we can all be proud of.

Mehreen Faruqi (NSW, Australian Greens) Share this | Link to this | Hansard source

I rise to speak on the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Bill 2025, which sets up a code to prevent and respond to gender based violence in higher education. Every year, our nation is shaken by violence against women, and a wave of public outcry happens against this gendered violence. Anger and grief erupt across the country, with thousands of people marching in cities and towns across the country, demanding an end to this epidemic of violence against women and urging our leaders to declare a national emergency and to take strong and meaningful action to end gender based violence—because gender based violence is a scourge on society. No workplace or institution is safe from this violence. It is perpetrated on streets, in homes, in workplaces and in online spaces. Universities are not immune or safe either, but they should be. That's why this bill is an important step in achieving change.

This change is only happening because of activists and advocates who have worked so tirelessly for such a long time to see the national code come to fruition. So many courageous victims-survivors have bravely stepped forward and shared their stories to ensure that, one day, others won't have to face the same pain and trauma that they have had to endure. End Rape on Campus, Fair Agenda, the STOP Campaign, the National Union of Students and many others have campaigned across the country for their universities and leaders to do more to make students and staff safe. I thank you all from the bottom of my heart for doing this very difficult work but work that needed to be done.

The reports of sexual assault in unis are shocking and horrifying. Research conducted in 2021 found that, on average, 275 students were sexually assaulted on Australian university campuses each week. The National Tertiary Education Union's 2023 survey on sexual harassment, sexism and gender based bias in higher education revealed alarming results as well. It showed that the number of staff who personally experienced sexual harassment had increased from 19 per cent in 2018 to 29 per cent in 2023. Women continue to bear the brunt, with 38 per cent of respondents reporting personal experiences of harassment. The number of staff who were aware of others who had experienced sexual assault increased from 36 per cent in 2018 to 50 per cent in 2023. These are devastating statistics. The traumatic experience of the people behind these numbers can totally upend and ruin lives.

The extent of sexual violence at our higher education institutions across the country is a failure of universities and governments. It has taken far too long to implement change. Too many students have experienced sexual harassment and sexual violence at a university, including online, on campus or in university accommodation. We know that it is women, nonbinary people, people with disability, First Nations people and other marginalised groups who have experienced the brunt of this violence.

The 2021 National Student Safety Survey also found that one in six university students had experienced sexual harassment and that one in 20 had experienced sexual assault in a university context. That is truly horrifying. Of those who experienced sexual violence, only very few made reports and almost half of those who reported an assault to their university felt dissatisfied with the process. The situation is similar for staff, where only a small percentage make complaints.

It is beyond clear that expecting universities to act on their own failed. Too many victims-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. The actions of universities in covering up the sexual assaults and harassment, rather than seriously addressing student concerns and keeping students safe, have been reprehensible. Every student has the right to study in a safe environment without fear of being sexually assaulted or harassed. Every student has the right to learn and live in spaces that are respectful, safe and free from violence and discrimination. Every staff member has a right to be safe and free of the fear of harassment and violence while they teach and support students.

This bill has the power to create meaningful change that will make universities safer places for all. Again, I'm so grateful to individuals and organisations who have bravely shone a light on sexual violence, assault and harassment on campus. They have held universities to account for their abject failures, and they have pushed the government to deliver this important legislation. It is because of you all that we are here today voting on this bill, and it is because of you that our universities will become safer places.

The impact of this bill will be that universities must comply with meaningful and detailed standards to prevent gender based violence and sexual violence at universities. The national code will require universities to develop a whole-of-organisation approach to responding to violence and to make their gender based violence prevention plans public. It contains important standards and transparency measures to ensure that that change happens. The code requires universities to ask prospective employees if they have been investigated for an offence of gender based violence and bans the use of non-disclosure agreements in handling reports of gender based violence on campus. It requires high standards of trauma informed response and care where students do experience sexual violence. It is a way of shifting university practices to make them more transparent, to finally start to focus on prevention and to improve outcomes for victims-survivors, who have too often been left unsafe in university spaces.

The Greens are proud to support this bill. We have worked for years with advocates and activists and welcome this step in preventing and tackling sexual violence on campus, something my colleague Senator Waters and I have passionately pushed for for years. We look forward to seeing the code mandated as soon as possible so students don't have to wait any longer for these crucial safety protections.

Gendered violence does not happen in a vacuum; it happens largely against women and is perpetrated by men. Misogyny is actually life and death. We must reckon with that fact. We must go to the heart of tackling inequity and dismantle power imbalances and patriarchy. We must recognise that First Nations women, women of colour, trans women, queer women and disabled women face extra barriers due to lack of appropriate support and services. Most importantly, each and every policy and action must be developed through intersectional feminist and antiracist lenses if we truly want to make sure that no-one is left behind. Otherwise, the untold heartache and sorrow of women being killed and abused will continue.

I will conclude by saying a few words about Senator Duniam's amendment to the motion for the second reading of this bill. The Liberals just last week refused to criticise Pauline Hanson's One Nation for their racism against First Nations people. The Liberals also think Islamophobia does not exist, and here they are again weaponising antisemitism, with the sole purpose of silencing and suppressing criticism of Israel and targeting students and staff who are antigenocide. The People's Inquiry into Campus Free Speech on Palestine is shining a light on Palestine repression at Australian universities, and the methods and tools being used to restrict and crack down on academic freedom and freedom of speech are just horrific. Good on the brave students and staff for speaking up during this inquiry, despite a culture of fear created by the suppression and punishment that they have been subjected to.

The Universities Accord report itself highlighted instances of racism at higher education providers against First Nations staff and students, and a much broader study into all forms of racism across the university sector is being conducted by the Race Discrimination Commissioner. We have a National Anti-Racism Framework waiting to be funded and implemented. But the Liberals and also Labor have created this weird hierarchy of racism which helps no-one. Racism is racism. It needs to be tackled in its horrific entirety and grounded in the reality that, to tackle systemic racism, we must confront our bloody colonial history and the ongoing violence against First Nations people. So, no, the Greens will not be supporting the Liberals' thinly veiled attempt to shut down anyone who speaks up for justice for Palestine.

Matt O'Sullivan (WA, Liberal Party, Shadow Assistant Minister for Fisheries and Forestry) Share this | Link to this | Hansard source

Senator Blyth, I just remind you that we've only got about two minutes before you'll be interrupted for adjournment.

Leah Blyth (SA, Liberal Party, Shadow Assistant Minister for Stronger Families and Stronger Communities) Share this | Link to this | Hansard source

Creating a national code to prevent and respond to gender based violence in universities is, of course, a noble intention, and the coalition is supporting the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Bill 2025. I worked within universities for over two decades, and I support the approach to ensure that all students, staff, residents and visitors at university campuses are safe. It is shocking to learn from the Universities Australia 2021 National Student Safety Survey that one in 20 students reported being sexually assaulted, one in six reported being sexually harassed, over half of the respondents did not understand formal reporting processes and almost half were unaware of where to get support. It is clear that there is much work to be done in communication with staff, students and residents on the support and processes that are available to them.

There are some fundamental questions that must be answered about whether the government's approach is appropriate. This bill empowers the minister to make a national code that can lead to higher education providers losing accreditation and being subject to civil penalties if they do not comply. That is an incredibly serious consequence to threaten tertiary education providers with.

Debate interrupted.