(1) The purpose of this Policy is to: (2) This Policy is informed by the University’s Gender-based Violence Prevention and Response Plan. (3) The University considers all forms of Gender-based Violence unacceptable. In accordance with the Principles set out in this Policy and the National Higher Education Code to Prevent and Respond to Gender-based Violence 2025, the University is committed, to building and sustaining a culture of safety and respect where all forms of Gender-based Violence is proactively prevented and will not be tolerated. (4) The University acknowledges that gender inequality is a key driver of violence against women. The four (4) gendered drivers are: (5) The University also recognises there are shared drivers between violence against women and violence against LGBTIQA+ people. (6) The University adopts an intersectional and person-centred approach to preventing and responding to Gender-based Violence. This approach recognises that other forms of discrimination and inequality, including but not limited to racism, homophobia, transphobia and ableism, intersect with gender inequality to shape a person’s experience of violence. (7) The University will provide compassionate, confidential and accessible support to those affected by Gender-based Violence that reflects their individual needs and experiences. (8) This Policy applies: (9) As set out in the Controlled Entity Policy, this Policy applies to the University's controlled entities except where they have their own policies and procedures which should align with the Principles set out in this Policy. (10) This Policy applies to Students within the University enrolled in courses delivered by UOW College Australia (including English language, Vocational Education, and non-award courses). (11) The UOW College Australia Gender-based Violence Prevention and Response Procedure provides for the management of, and response to, all disclosures and formal reports of Gender-based Violence made by or in relation to UOW College Staff and Students. This Procedure must also be read in conjunction with related UOW College policies and procedures governing the protection of children, staff and student conduct, complaints, and other relevant documents. (12) The Child Protection Policy outlines additional obligations in relation to the protection of people under 18 years of age. (13) For activities funded by the Commonwealth Department of Foreign Affairs and Trade, the University is also required to comply with the DFAT - Protection from Sexual Exploitation, Abuse and Harassment Policy. Refer to the DFAT Business Activities Risk Management Procedure. (14) This Policy is to be read in conjunction with the Gender-based Violence Prevention and Response Procedure, the DFAT Business Activities Risk Management Procedure, the Student Conduct Rules, the Procedure for Managing Alleged General Misconduct by a Student, Code of Conduct, Professional Staff Misconduct Guidelines, the University’s Enterprise Agreements and any other relevant policy documents. (15) Where permitted by law, this Policy applies to conduct that occurs outside Australia. (16) This Policy is supported by the Gender-based Violence Prevention and Response Procedure and the DFAT Business Activities Risk Management Procedure. (17) The following principles underpin the University’s approach to Gender-Based Violence: (18) Leaders at all levels foster safe and inclusive environments that promote equity, diversity and inclusion. This commitment ensures access, belonging, and opportunity for all, supported by systems that are continuously improved to prevent and respond to Gender-based Violence. The University Council, along with the Vice-Chancellor and President as Principal Executive Officer, hold responsibility for delivering measurable outcomes in this space as set out in section 11. (19) The University provides physical, digital, and social environments that minimise the risk of Gender-based Violence, supported by policies and procedures that promote accessible reporting pathways, equity, inclusion, and wellbeing. (20) The University grows knowledge and capability through comprehensive evidence-informed prevention education to safely and effectively prevent and respond to Gender-based Violence. (21) The University prioritises the safety and wellbeing of all individuals involved in Gender-based Violence incidents by providing specialist trauma-informed, safety-first, inclusive, person-centred and intersectional support and advice, regardless of where or when the violence occurred or whether the individual chooses to make a disclosure or an informal or formal report. (22) The University provides trauma-informed, culturally competent, procedurally fair and inclusive processes that are safe, timely and accord with the principles of procedural fairness. (23) The University adopts an evidence-based and data-informed approach to effectively measure change and contribute to the national evidence-base through ethical data collection, privacy safeguards and regular analysis to identify trends and improvements. (24) The University seeks to ensure that residents are safe and supported in University managed accomodation and that staff safety is upheld. (25) The University seeks to prevent Gender-based Violence through: (26) The Gender-based Violence Prevention and Response Procedure provides further detail on how the University will work towards preventing Gender-based Violence. (27) The University acknowledges that disclosing and reporting Gender-based Violence can be difficult and adopts a confidential trauma-informed and person-centered approach, prioritising the safety and wellbeing of disclosers and recognising individual needs through the provision of tailored support options, including academic and workplace adjustments available within the University and externally. (28) The University may put in place measures, in accordance with its codes, policies and procedures and may also take interim/urgency actions to safeguard all parties involved in disclosures of Gender-based Violence. These include workplace modifications, exclusion orders and academic supports related to education outcomes such as reasonable academic adjustments. (29) The University will ensure support is available regardless of whether a Disclosure or Formal Report is lodged. (30) If Gender-based Violence is disclosed or reported outside the scope of this Policy, the University will provide appropriate support and information about external reporting pathways. (31) Disclosures refer to the sharing of information with another person at the University about an experience of Gender-based Violence. (32) Disclosures can be made to anyone and are usually made to a person who is known and trusted. A person who discloses an experience of Gender-based Violence may be the person who has experienced the incident or a third party. (33) All staff involved in providing support to disclosers will have relevant knowledge, experience and expertise in relation to Gender-based Violence and apply trauma-informed and culturally competent approaches. (34) The purpose of a disclosure is to seek trauma-informed support, information and/or advice. (35) Disclosers may or may not want to make a formal report; the University will, to the extent possible, respect the right of an individual to choose how to take forward a Disclosure. However, there may be some circumstances where the University (via the relevant Specialist Area) may be required to take certain action, including: (36) Disclosures and Formal Reports may be made anonymously. However, the University’s ability to investigate may be limited. (37) The Gender Based Violence Prevention and Response Procedure provides details on how to make a disclosure. (38) The University encourages the reporting of all incidents of Gender-based Violence, either to the University or to an external agency. (39) A Formal Report of a person’s experience of Gender-based Violence may be made to the University through its formal reporting avenues. This requires the University to consider taking steps beyond support services, including (without limitation) the commencement of an investigation and/or disciplinary process in appropriate circumstances. (40) All reports will be handled in accordance with the principles set out in this Policy, with care, respect, and confidentiality. (41) All reports of Gender-based Violence will be taken seriously, investigated promptly, and addressed with appropriate action, consistent with the University’s commitment to creating, promoting, and maintaining a culture in which all forms of Gender-based Violence will not be tolerated. (42) All staff involved in responding to informal and formal reports, conducting an investigation or determining disciplinary proceedings will have relevant knowledge, experience and expertise in relation to Gender-based Violence and apply trauma-informed and culturally competent approaches. (43) The Gender-based Violence Prevention and Response Procedure provides information on how to report an incident of Gender-based Violence. Reports can be made anonymously. (44) The University prohibits the use of Non-disclosure Agreements unless requested by a Discloser. Any such agreement must not: (45) A person who has experienced Gender-based Violence has a right to choose whether or not to make a report to the Police and/or the University. (46) Individuals may also choose to lodge a formal complaint with an external agency, including the NSW Anti-Discrimination Board or the Australian Human Rights Commission. (47) In some circumstances, to ensure safety or to meet legal obligations, the University may be required to take actions, including reporting to external agencies. (48) The University is not obliged to report a matter to the Police if it has a reasonable excuse for not reporting, but must satisfy the conditions set out in s.316(1A) of the Crimes Act 1914. (49) Individuals must not engage in Gender-based Violence, behaviour that induces others to engage in Gender-based Violence, or retaliatory action related to a disclosure or report of Gender-based Violence. (50) Breaches of this Policy may constitute misconduct and may be subject to disciplinary action under the relevant rules, codes, policies and procedures. (51) Members of the University Community who are dissatisfied with the University's handling of a disclosure or report of Gender-based Violence may lodge a formal complaint via the Complaints Management Centre or externally, for student related matters, via the National Student Ombudsman. (52) The University will take all reasonable steps to ensure that information relating to disclosures or reports of Gender-based Violence are handled in a confidential manner and in accordance with its privacy obligations, unless an exception applies under law. (53) The collection and use of an individual’s personal information will be limited, to the extent that is reasonably necessary, in order to manage the matter in line with the University’s relevant rules, codes, policies and processes. (54) All records relating to disclosures and reports of Gender-based Violence will be retained in accordance with the Records Management Policy. (55) Non-identifying information will be used by the University to monitor trends on campus, inform support strategies and design educational and preventative campaigns as required by the National Higher Education Code to Prevent and Respond to Gender-based Violence 2025. (56) The University will publish on its website a Gender-based Violence Prevention and Response Plan as required by the National Higher Education Code to Prevent and Respond to Gender-based Violence. (57) University Council will receive biannual reporting on reports and disclosures of Gender-based Violence and the actions taken by the University to prevent and respond to these reports and disclosures. (58) This Policy will be reviewed on a three (3) year cycle in collaboration with: (59) The Vice-Chancellor and President, as Principal Executive Officer, is responsible for compliance with the National Higher Education Code to Prevent and Respond to Gender-based Violence 2025 and for promoting, through leadership, a whole of institution approach that prioritises safety and support in the prevention and response to Gender-based Violence and aligns with the principles outlined in this Policy. (60) All members of the University community are responsible for: (61) The Vice-Chancellor and President, as Principle Executive Officer, is responsible for developing, implementing and overseeing a whole of institution prevention and response plan and ensuring appropriate governance and reporting lines are in place. (62) The People and Culture Committee is responsible for: (63) The People and Culture Division is responsible for: (64) Safe and Respectful Communities is responsible for: (65) UOW Security is responsible for: (66) Other roles and responsibilities are as detailed throughout this Policy. (67) Where available, definitions and terms have been sourced from NSW legislation, including Crimes Act 1914 and Age Discrimination Act 2004.Gender-based Violence Prevention and Response Policy
Section 1 - Purpose
Section 2 - Application and Scope
Top of PageSection 3 - Procedures
Section 4 - Principles
Accountable and Transparent Leadership and Governance
Safe Environments and Systems
Knowledge and Capability
Safety and Support
Safe and Fair Processes
Data, Evidence and Impact
Safe Student Accommodation
Section 5 - Preventing Gender-based Violence
Section 6 - Responding to Gender-based Violence
Support
Section 7 - Disclosures
Section 8 - Formal Reporting
Section 9 - Non-Disclosure Agreements
Top of PageSection 10 - External Reporting
Section 11 - Breach of this Policy
Section 12 - Compliance and Internal Reporting
Compliance
Internal Reporting
Section 13 - Review
Top of PageSection 14 - Roles and Responsibilities
Top of PageSection 15 - Definitions
Affiliated organisation
Controlled Entity
Controlled Entities are those entities over which UOW has control, as defined in section 15A of the University of Wollongong Act 1989 (as amended) and section 1.2(1) of the Government Sector Finance Act 2018. These include but are not limited to UOW Global Enterprises (UOWGE), UOW College Australia (UOWCA) and UOW Pulse Ltd.
Discloser
A person who has shared information about their experience of Gender-based Violence.
Gender-based Violence
Any form of physical or nonâ€'physical violence, harassment, abuse or threats, based on gender, that results in, or is likely to result in, harm, coercion, control, fear or deprivation of liberty or autonomy.
Intersectionality
An intersectional approach recognises that individuals experience Gender-based Violence in diverse and complex ways, shaped by the intersections of multiple aspects of identity, including gender, race, culture, disability, age, sexual orientation, socio-economic status, and immigration status. This approach is grounded in the understanding that systemic discrimination and structural inequalities compound the risk, impact, and barriers to support for victim-survivors.
Person Centred
Ensuring that the Discloser's needs and preferences are at the centre of decisions made in response to the Disclosure. The response systems, Policies and Procedures affirm the Discloser's dignity and support their healing by genuinely considering their wishes and the impact that decisions may have on them, while at all times ensuring the safety and wellbeing of the Discloser and other Students and Staff.
Sexual Harm
Non-consensual behaviour of a sexual nature that causes a person to feel uncomfortable, frightened, distressed, intimidated, or harmed, either physically or psychologically. Sexual harm includes behaviour that also constitutes sexual harassment, sexual assault and rape.
Sexual Assault
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Word/Term
Definition (with examples if required)
Affiliate
Includes people holding University of Wollongong Honorary Awards as conferred by the University Council, including the awards of Emeritus Professor, Honorary Doctor and University Fellow; people appointed in accordance with the University’s Appointment of Visiting and Honorary Academics Policy; and people engaged by the University as agency staff, contractors,sub-contractors, volunteers and work experience students.
for the purposes of this policy an affiliated organisation has the same meaning as set out in the National Higher Education Code to Prevent and Respond to Gender-based Violence 2025 is an organisation that uses the Provider’s intellectual property in its name, marketing, recruitment, or governance documents. Including but not limited to the University’s controlled entities.
Consent
When a person freely and voluntarily gives permission for something to happen, including a sexual activity (a sexual act, sexual intercourse or sexual touching).
Circumstances in which a person cannot consent freely and voluntarily include if that person:
is substantially intoxicated by alcohol or any drug;
is unconscious or asleep;
is tricked, intimidated, coerced or threatened;
is detained or held against their will;
is placed in a position where there may be abuse of a position of authority or trust;
does not have the capacity to provide consent (such as due to age or cognitive impairment);
is too young;
has mistaken the identity of the other person;
is under the belief it is for a medical or hygienic reason.
(The meaning of Consent is further described in Section 61HI of the Crimes Act 1900.
Disclosure
Where an individual first makes known an incident of gender-based violence. This may or may not lead to a formal report being made.
Formal Report
means the provision through formal reporting channels of information about an experience of Gender-based Violence by a Discloser to a Provider, which requires the Provider to consider taking steps beyond the offer and provision of support services, including (without limitation) the commencement of an investigation and/or a disciplinary process in appropriate circumstances.
Procedural Fairness
Procedural fairness or natural justice requires decisions to be consistent with:
present their case;
and have their response taken into consideration before the decision is made.
Online or Technology-facilitated abuse
Technology-facilitated harm and violence is any harmful act that is committed, assisted, aggravated, or amplified by the use of digital tools or information communication technologies. It includes:
harassing or threatening behaviour online or via digital devices;
sharing, or threatening to share, intimate images or videos without consent (also known as ‘image-based abuse’ or ‘revenge porn’);
cyberstalking, such as tracking activities or movements online;
controlling online communication;
restricting or denying access to devices, online accounts or technology;
claiming to know details about private conversations;
monitoring online activity;
using technology to financially abuse someone;
Retaliatory Action
Any interference with an investigation of alleged Gender-based Violence, victimisation of any parties to a disclosure or report of Gender-based Violence or otherwise subjecting another person to detrimental action in relation to the making of a Disclosure, lodging of a Formal Report, providing support to an individual or disclosing or reporting Gender-based Violence.
Sexual assault occurs when a person is forced, coerced, or tricked into sexual acts against their will or without their consent. Consent must be given freely and voluntarily and may be withdrawn before and during any sexual activity that a person is uncomfortable with. It also matters whether a person was fully able to give or withdraw their consent at the time.
Sexual Assault includes:
sexual intercourse without consent, including the forced penetration of the vagina or anus of any person with any part of the body of another person, or any object, against their will or consent. It also includes oral sex; and
sexual touching, which includes any unwanted touching of a person's body by another person. This can include kissing or inappropriate touching of a person's breasts, bottom, or genitals.
Sexual assault can occur in many different circumstances, and it is still sexual assault if this occurs when you are married to, or in a relationship with, the person.
Sexual assault that occurs within a domestic relationship (e.g., a marriage, de facto partnership, a boyfriend or girlfriend, or flat mates) may be considered a form of domestic violence.
Sexual Harassment
Sexual harassment is unwelcome sexual conduct which makes a person feel offended, humiliated and/or intimidated where that reaction is reasonable in the circumstances.
It includes behaviour that induces another person to carry out sexual harassment and victimisation in relation to an individual’s involvement in incidents of sexual harassment.
Sexual harassment can take various forms. It can involve:
Sexual harassment is not sexual interaction, flirtation, attraction or friendship which is invited, mutual, consensual or reciprocated.
Sexual Offence
An action where a person engages in a sexual activity (including a sexual act, sexual intercourse or sexual touching) with another person without the Consent of the other person and who knows the other person does not consent to the sexual activity.
The meaning of each type of sexual activity is in accordance with Division 10 of the Crimes Act 1914.
Specialist Area
For the purpose of this Policy, the Specialist Area may include:
For Staff and Affiliates, Employment Relations or relevant Staff member in the People and Culture Division;
For Students, the UOW’s Safe and Respectful Communities Team.
Staff
For the purpose of this Policy, has the same meaning as ‘worker’ under the Work Health and Safety Act 2011 (NSW).
Student
For the purposes of this Policy student means a person who is enrolled at the University of Wollongong or is undertaking a course of study or a unit of study with the University. Without limitation, it includes students undertaking higher degrees by research, non-award study, enabling or bridging courses, foundation programs and vocational education and training courses.
Trauma-Informed
An approach that applies the core principles of safety (physical, psychological and emotional), trust, choice, collaboration and empowerment. It should minimise the risk of re-traumatisation and promote recovery and healing to the greatest extent possible.
UOW Community
A collective term to include members of Council, relevant committees, Staff, Affiliates and Students, as well as those who use/have used the University’s campuses or facilities for work, study, living and socialising, or other authorised activity.