• Section 1 - Purpose
• Section 2 - Application and Scope
• Section 3 - Policy
• Section 4 - Compliance Requirements
• Section 5 - Business Processes
• Treat the Level of Risk
• Monitor the Risk of SEAH
• Section 6 - Background Checks
• Section 7 - Reporting Requirements
• Section 8 - Record Keeping
• Section 9 - Roles and Responsibilities
• Section 10 - Definitions

Section 1 - Purpose

(1) This Procedure supports:

1. the effective management of the risk of sexual exploitation, abuse and harassment (SEAH) in the delivery of the University's business where the Department of Foreign Affairs and Trade (DFAT) is the partner organisation or funding body;
2. compliance with the DFAT - Protection from Sexual Exploitation, Abuse and Harassment Policy. 

Section 2 - Application and Scope

(2) This Procedure applies to all University staff, students, affiliates, third parties, partners and subcontractors engaged by a contractor or civil society organisation to perform any part of a DFAT-funded activity.

(3) DFAT business activities may be funded or unfunded and include but are not limited to:

1. New Colombo Plan Mobility and Scholarship Programs;
2. Australia Award Scholarship Program;
3. DFAT-funded research projects; and
4. DFAT-funded student programs.

Section 3 - Policy

(4) This Procedure should be read in conjunction with:

1. Enterprise Risk Management Policy.
2. Gender-based Violence Prevention and Response Policy.

Section 4 - Compliance Requirements

(5) All individuals within the scope of this Procedure must complete the PSEAH Compliance Statement, comply with the University’s Code of Conduct, Enterprise Risk Management Policy, Gender-based Violence Prevention and Response Policy, Modern Slavery Prevention Policy this Procedure and any relevant University policy documents as well as the DFAT - Protection from Sexual Exploitation, Abuse and Harassment Policy.

(6) Appropriate PSEAH compliance clauses must be included in formal agreements between the University and its downstream partners (e.g., exchange program hosts).

Section 5 - Business Processes

(7) DFAT business activities are supported by appropriate agreements between the University and DFAT and include those listed in clause 3.

(8) The risk of SEAH must be considered as part of the University's existing risk management practices as set out in the Enterprise Risk Management Policy.

(9) Prior to any overseas student mobility program occurring the Office of Global Mobility will coordinate with the relevant division or faculty to undertake a SEAH-specific risk assessment, covering all activities funded by the Department of Foreign Affairs and Trade must be conducted prior to entering into any agreement with DFAT or commencing any DFAT-funded activity. The assessment must:

1. identify the level of risk of SEAH occurring;
2. be conducted in accordance with the DFAT PSEAH Risk Guidance Note;
3. consider factors that heighten likelihood such as gender, age, disability, language, displacement, power differential, sexual preference, education, alcohol, health and poverty;
4. measure likelihood (low, medium, or high) by evaluating the business activity along with organisational and reputational risks.

(10) The Risk assessment applies the PSEAH Minimum Standards commensurate with the level of risk identified as set out in the DFAT - Protection from Sexual Exploitation, Abuse and Harassment Policy .

(11) Risk assessments must be conducted using the Risk, Compliance and Assurance template in consultation with key stakeholders, where applicable, including:

1. UOWGE;
2. program/project participants;
3. Workplace Health and Safety;
4. Safe and Respectful Communities; and
5. third parties, such as exchange program hosts.

(12) Records must be maintained, in accordance with the Records Management Policy and include information about how downstream partners will manage SEAH risk. Risk plans, assessments and details of existing controls and reporting requirements must be kept up to date and reviewed in accordance with the Enterprise Risk Management Procedures.

Treat the Level of Risk

(13) The PSEAH Policy requires the University to take a risk based approach in applying the five PSEAH Standards. 

(14) After determining the level of risk, the following DFAT minimum standards apply:

(15) Essential Standards require the University to have:

1. a policy or statement that seeks to ensure compliance with the PSEAH;
2. a Code of Conduct; and
3. Downstream Partner alignment with the PSEAH and relevant University policy documents.

(16) Comprehensive Standards require the University to have:

1. a comprehensive Child Protection, PSEAH or a Safeguarding Policy;
2.  documented procedures that seek to ensure compliance with the PSEAH;
3. a Code of Conduct; and
4. Downstream Partner alignment with the PSEAH and relevant University policy documents.

(17)  Appropriate options for treating or modifying risk must be selected and documented in a Risk Management Plan.

Monitor the Risk of SEAH

(18)  DFAT activities must be regularly monitored and reviewed, considering:

1. whether the level of risk has increased or new risks have emerged;
2. significant changes to the context, environment or other risk factors.

(19)  Where required, the University will act upon changed circumstances and update Risk Management Plans accordingly.

Section 6 - Background Checks

(20) For activities that are assessed as high risk, all staff, students, affiliates and third parties engaged by a contractor or civil society organisation to perform any part of an activity funded by the Department of Foreign Affairs and Trade(where the appropriate Preventing Sexual Exploitation, Abuse and Harassment minimum standards are applicable) are required to have the following recruitment and screening checks undertaken in accordance with the DFAT - Protection from Sexual Exploitation, Abuse and Harassment Policy :

1. recent Criminal Record Check where possible;
2. verbal Referee Check;
3. documented request for an applicant to disclose whether they have been charged with SEAH-related offences and their response.

(21) The Faculty, Division or Research Institute coordinating Department of Foreign Affairs and Trade funded activity will ensure that the above checks are undertaken (in consultation with the Research Services Office or relevant Division) before the individual is permitted to commence their tasks.

(22) If work is being undertaken in a jurisdiction where Criminal Records Checks are not available, a statutory declaration, or local legal equivalent, outlining efforts made to obtain a foreign police check and disclosing any charges and spent convictions related to SEAH, may be accepted in lieu. For assistance, contact the Office of General Counsel.

(23) No disqualified person or person with a relevant criminal record will be retained in or allowed to commence DFAT-funded activity.

Section 7 - Reporting Requirements

(24) All staff, students, affiliates and third parties engaged by a contractor or civil society organisation to perform any part of an activity funded by the Department of Foreign Affairs and Trade are responsible for reporting any suspected or alleged cases of SEAH or DFAT - Protection from Sexual Exploitation, Abuse and Harassment Policy non-compliance.

(25) Reports must be submitted to the University:

1. in accordance with this Procedure and the Gender-based Violence Prevention and Response Policy and Procedure;
2. the Strategic Partnerships and Mobility Unit if a SEAH incident occur involving an outbound student mobility program or student.

(26) The University must report to DFAT, using their SEAH Incident Notification Form:

1. any alleged incident of sexual exploitation, abuse or harassment related to DFAT funded activities within 24 hours of becoming aware;
2. any alleged non-compliance with DFAT PSEAH Policy within five business days of becoming aware.

(27) Reports of sexual exploitation, abuse and harassment or concerns about the welfare of a vulnerable person should be notified to seah.reports@dfat.gov.au using the SEAH Incident Notification Form if the report is related to DFAT funded activities. Reporting procedures are set out in the PSEAH Policy.

Section 8 - Record Keeping

(28) All documentation including risk assessments, risk management plans, background checks and reports must be maintained in accordance with the Records Management Policy, the Privacy Policy and Privacy Management Plan.

(29) Records of Criminal Records Checks and Verbal Referee Checks must be retained by:

1. the Faculty or Research Institute coordinating DFAT-funded activity;
2. the Research and Innovation portfolio; and
3. the People and Culture Division.

(30) Records must be maintained of how downstream partners will manage SEAH risk, including risk plans, assessments, details of existing controls and reporting requirements.

Section 9 - Roles and Responsibilities

(31) All individuals covered by clause 3 are responsible for:

1. complying with the Gender-based Violence Prevention and Response Policy, this Procedure and the DFAT PSEAH Policy;
2. reporting any suspected or alleged cases of SEAH or DFAT PSEAH Policy non-compliance;
3. immediately disclosing all charges, convictions and other outcomes of an offence related to SEAH that occurred before or during their association with the University.

(32) Program/Project Lead is responsible for:

1. undertaking, documenting and monitoring risk assessments;
2. reporting issues of concern;
3. ensuring Risk Management Plans are maintained and updated as required.

(33) Faculty, Division or Research Institute coordinating DFAT-funded activity is responsible for:

1. ensuring background checks are undertaken (in consultation with the Research Services Office or relevant Division) before individuals commence their tasks;
2. retaining records of Criminal Records Checks and Verbal Referee Checks;
3. ensuring appropriate PSEAH compliance clauses are included in agreements with downstream partners.

(34) Strategic Partnerships and Mobility Unit is responsible for:

1. coordinating with relevant Departments or Faculties to undertake risk assessments for overseas student mobility programs prior to it occuring;
2. receiving notification of SEAH incidents involving outbound student mobility programs or students;
3. ensuring all risk assessments are submitted through SafetyNET and approved by the appropriate WHS delegate.

(35) Research and Innovation portfolio is responsible for retaining records of background checks for DFAT-funded research activities.

(36) The People and Culture Division is responsible for recording background check information for all DFAT-funded activities.

Section 10 - Definitions