1. Summary

Swinburne University of Technology (University) is committed to fostering a safe, respectful, and inclusive environment for all members of its community. Gender-based Violence is unacceptable in any way and in any context.

This Policy sets out the University’s commitment to preventing and responding to Gender-based Violence in our University community.

2. Objectives

This Policy firmly establishes the University’s commitment to actively prevent Gender-based Violence in all forms including physical and online domains.

3. Definitions

Term Definition
Affiliated organisation an organisation that uses the University's intellectual property in its name, marketing, recruitment, or governance documents.
Consent is the voluntary and explicit agreement to engage in a specific activity, such as the use of personal information and images, and physical and sexual interactions. It must be freely given and informed and can be reversible at any point during the interaction. Consent cannot be obtained through coercion, manipulation, or if a person is incapacitated due to alcohol, drugs, or other factors that impair their ability to make an informed decision. 

Discloser

a person who has shared information with the University about an experience of Gender-based Violence under this Policy.

Disclosure

a disclosure occurs when an individual shares their experience of Gender-based Violence with another person at the University for the purpose of seeking support, advice and/or resources. A disclosure is not the same as a formal report, and the person disclosing may not wish to pursue further action at that time.  However, it may be necessary for the University to take action in relation to a disclosure, including conducting an investigation, for example where it is necessary to do so to protect the health and safety of the Discloser or others.
Enterprise Agreement The Swinburne University of Technology - Academic and Professional Employees Enterprise Agreement 2024 or Swinburne University of Technology – Vocational Education or Training Enterprise Agreement 2022 as varied or replaced. 

Formal Report

formal Report refers to a formal notification to the University regarding an incident of Gender-based Violence where there is an expectation for a formal response including but not limited to an investigation or disciplinary action.
Gender-based Violence as defined by the National Code (2025), Gender-based Violence describes violence that is rooted in gender-based power, inequality and discrimination. It includes any form of physical or non-physical violence, harassment (including sexual harassment and sex-based 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. People of all genders can experience gender-based violence. 

Leaders

the Vice-Chancellor and members of the University Council and its committees.
Person-centred  person-centred means ensuring that the Discloser's needs and preferences are at the centre of decisions made in response to the Disclosure, 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 Members.
Prevention prevention describes proactive efforts aimed at stopping Gender-based Violence before it occurs. It includes primary prevention (targeting the underlying drivers of Gender-based Violence), secondary prevention (early intervention to address risks), and tertiary prevention (responding to incidents to provide support and recovery for those affected by Gender-based Violence).
Procedural fairness procedural fairness may also be known as natural justice. Procedural fairness ensures that all parties involved in an investigation are treated justly and without bias, with the right to be heard, to know the case against them and to have decisions made by impartial decision-makers. 
Respondent a person who is alleged to have engaged in behaviour or actions that constitute a violation of the Prevention of and Response to Gender-based Violence Policy.
Sexual harassment sexual harassment describes a circumstance in which a person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, and/or engages in any other unwelcome conduct of a sexual nature to another person. It includes behaviours such as intrusive questions about a person’s private life, and offensive sexual comments or jokes. A full definition can be found in the Sex Discrimination Act 1984 (Cth), s28A. 
Staff Member

Any person who carries out work in any capacity for the University, including:

  • leaders; 
  • employees (whether or not they are employed under the Enterprise Agreement including full-time, part-time, and fixed term employees); 
  • contractors and their employees; 
  • third party providers performing work for the University;
  • employees of a labour hire company assigned to work in the University;
  • apprentices or trainees;
  • academic title holders, visiting academics, emeritus professors, adjunct and honorary title holders, industry fellows and conjoint appointment holders; and 
  • other persons acting in an honorary or voluntary capacity for the University, including work experience students.
Student as defined in the University policy glossary.
Trauma-informed support  trauma-informed support is a strengths-based framework that recognises the impacts of trauma on people who have experienced harm including Gender-based Violence. It focuses on creating physically and psychologically safe environments, trustworthiness, choice, collaboration, empowerment and avoids re-traumatising people who have disclosed or reported their or other people’s experiences.
University-related activity university-related activity includes any activity that is connected to Swinburne University of Technology, including activity occurring on University-owned or controlled property, off-campus events sponsored or organised by the University (such as study tours, placements, or conferences), and interactions in online or digital spaces affiliated with the University.

4. Scope

This Policy applies to all members of the University community, including Staff Members (including leaders, employees and contractors), students, third-party providers, any person or entity that conducts activities on behalf of the University or who operates on, uses or leases the University's land or facilities, or who has otherwise consented to apply and comply with this Policy (such as affiliated organisations), and visitors. 

This Policy is not limited in application to Gender-based Violence occurring at a University location or during a University-related activity.  It allows for Disclosures and Formal Reports of any Gender-based Violence impacting or involving a student or Staff Member. 

Any person covered by this Policy can seek advice and/or support from the University around Gender-based Violence they have experienced.  Third parties can also make a Disclosure or Formal Report of Gender-based Violence by a Student or Staff Member.

Incidents of Gender-based Violence involving a person under the age of 18 will be managed under this Policy in so far as is legally possible, however the University’s Child Safety and Wellbeing Framework will also apply and may require the University to take certain actions (including mandatory notification to external bodies) to comply with its legal obligations.

This Policy is to be read in conjunction with the Prevention of and Response to Gender-based Violence Procedure (Staff and Students), which outlines support for people making a Disclosure or Formal Report, avenues for making a Disclosure or Formal Report, and the actions the University will take when a Disclosure or Formal Report is made.

5. Policy

Gender-based Violence is unacceptable and may also be unlawful.  Members of the University community who engage in Gender-based Violence breach this Policy.

The University recognises that Gender-based Violence is rooted in gender-based power, inequality and discrimination and that some groups are disproportionately affected by Gender-based Violence. These groups include women, people who identify as Aboriginal and Torres Strait Islander, culturally and linguistically diverse communities, people with a disability and people of diverse gender identity and/or sexual orientation.  Some factors that are likely relevant include power imbalances (including staff to student, but also senior staff to more junior staff); vulnerable students due to age, cultural backgrounds and visa status.

The University is committed to providing a safe, respectful, inclusive working and learning environment and culture that is free from all forms of Gender-based Violence.

A Disclosure or Formal Report can be made about a current incident or one that has occurred at any time in the past.  The University will ensure options for reporting incidents of Gender-based Violence are accessible and transparent, to the greatest extent possible.

The University will respond to Disclosures and Formal Reports relating to Gender-based Violence in a trauma-informed and person-centred way and in a manner consistent with the principles of procedural fairness.  The University acknowledges that experiences of Gender-based Violence are often influenced by intersecting factors such as gender, race, sexuality, disability, and socio-economic status. The University is committed to an intersectional approach that recognises these diverse identities and the unique challenges they pose in both the prevention of and response to Gender-based Violence. This approach aims to ensure that all individuals, regardless of their backgrounds, are provided with equitable support and resources. 

More information about who to disclose or report Gender-based Violence to is available in the Prevention of and Response to Gender-based Violence Procedure (Staff and Students).

The University acknowledges that any person who experiences Gender-based Violence has the right to report the incident(s) to the police or an external agency. To avoid prejudicing any such external investigations, the University will take appropriate steps to coordinate with law enforcement when necessary.

In circumstances where the Respondent to a Disclosure or Formal Report of Gender-based Violence is not a member of the University community, the University is committed to providing support to the person who experienced the harm. However, the University may be limited in its ability to investigate and will not be able to impose sanctions on the alleged perpetrator. 

The University will devise prevention and response frameworks complementary to its commitments to comprehensive support and accountability for the prevention of and response to Gender-based Violence. These include; undertaking gender impact assessments, effective responses to Gender-based Violence, achieving educational outcomes through necessary academic adjustments, and physical and psychological safety and wellbeing of students and staff. 
 

The University is committed to continuous education and training of its Staff and Students. Education and training shall be: 

  • evidence-informed and align with current best practice in the prevention of Gender-based Violence,
  • trauma informed in its content and delivery,
  • tailored to the University’s community and context,
  • culturally appropriate,
  • inclusive and accessible to students and staff with disabilities or are neurodiverse,
  • designed to support ongoing learning, and
  • designed to safely manage any Disclosures that may arise in the course of the education and training, including by providing information about the internal and/or external support services and reporting channels available to a person who has experienced Gender-based Violence.
     

The University shall develop prevention education and training through collaboration and engagement with:

  • experts in prevention of Gender-based Violence,
  • Students and Staff Members,
  • people who have experienced Gender-based Violence,
  • groups who are disproportionately affected by Gender-based Violence, including women, people who identify as Aboriginal and Torres Strait Islander, culturally and linguistically diverse communities, people with disability and people of diverse sexual orientation and gender identity.
     

The University will only use non-disclosure agreements in accordance with the National Code and other applicable law.

The University will regularly review and refine prevention and response approaches based on de-identified data trends, community feedback, and best practice guidelines.

6. Roles and responsibilities

Role Responsibilities
Students and Staff Members all University community members are responsible for upholding the principles of this Policy and contributing to a safe, inclusive and respectful environment.
Safer Community safer Community is the primary point of contact for all Disclosures and Formal Reports of Gender-based Violence by students and is responsible for coordinating the University’s response, including assessing and managing risk relating to Student conduct and ensuring that relevant support services and resources are made available. Staff who become aware of, or have concerns about, student related conduct that may involve Gender-based Violence must make a Disclosure to Safer Community.

People & Culture

People and Culture are accountable for the oversight of processes undertaken by the University in respect of Disclosures and Formal Reports of Gender-based Violence by Staff Members.

People Leaders

people leaders are accountable for the safety, inclusivity and respectfulness of the workplaces for which they have responsibility. People leaders may be the first point of contact for Disclosers.

7. Review

The implementation of this Policy will be regularly monitored to ensure compliance and effectiveness, including an annual review. De-identified data will be analysed to identify trends and inform future policy updates.

Delegations

This Policy includes, where indicated at section 6 ‘Roles and Responsibilities’, delegation of power by the Vice-Chancellor under section 26(7) of the Swinburne University of Technology Act 2010.

Policy details

Domain / Subdomain Health, Safety and Wellbeing 
Approval  Vice-Chancellor, Date: 23 December 2025

Endorsement

Vice President, Service & Operations & Chief Operating Officer

Senior Deputy Vice-Chancellor and Chief Academic Officer

Deputy Vice Chancellor Education, Experience and Employability

Policy owner 

Vice President, Service & Operations & Chief Operating Officer
Policy author Director Student Wellbeing and Director Integrity and Compliance
Status Current 
Version V1.0, Date: 23 December 2025
Review Date 2026

History

Version Date Approved by  Change
V1.0 23 December 2025 Vice-Chancellor Initial policy released

Policy governance

Type Document
University Regulations Student General Misconduct Regulations 2012
Supporting procedures  Prevention of and Response to Gender-based Violence Procedure (Staff and Students)

Supporting documents 

(guidelines, manuals frameworks, plans, standards) 

Safer Community

Cyber Safety student factsheet 
Security 
Swinburne Health service

Swinburne Student Charter

Complaints and Feedback

Complaints Management Guidelines

People, Culture & Integrity Policy

Support for Students Policy

Child Safety webpage

Child Safety intranet (staff only)

People & Culture Manual (staff only)

Safer Community wiki (staff only)

Health & Wellbeing Support (staff only)

P&C Business Partner (staff only)

Domestic and Family Violence support (staff only)

Associated policies  N/A
Related legislation and associated documents

Department of Education - Action Plan Addressing Gender-based Violence in Higher Education

Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025 (Cth)

National Higher Education Code to Prevent and Respond to Gender-based Violence 2025

Regulatory Guidance for the National Higher Education Code to Prevent and Respond to Gender-based Violence

Charter of Human Rights and Responsibilities Act 2006 (Vic)

Child Wellbeing and Safety Act 2005 (Vic)

Children, Youth and Families Act 2005 (Vic)

Crimes Act 1958 (Vic)

Education Services for Overseas Students (ESOS) Act 2000 (Cth)

Equal Opportunity Act 2010 (Vic)

Fair Work Act 2009 (Cth)

Gender Equality Act 2020 (Vic)

Higher Education Standards Framework (Threshold Standards) 2021 (Cth)

Occupational Health and Safety Act 2004 (Vic)

Protected Disclosure Act 2012 (Vic)

Sex Discrimination Act 1984 (Cth)

Human Rights and Equal Opportunity Commission Act 1986 (Cth)

Workplace Gender Equality Act 2012 (Cth)

Workplace Injury Rehabilitation and Compensation Act 2013 (Vic)

Department of Foreign Affairs and Trade - Child Protection Policy

Department of Foreign Affairs and Trade - Preventing Sexual Exploitation, Abuse and Harassment Policy

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