Contents

1. Purpose

This Procedure defines Swinburne University’s approach to handling Disclosures and Formal Reports of Gender-based violence, and to ensure compliance with the National Higher Education Code to Prevent and Respond to Gender-based Violence 2025.

This Procedure should be read in conjunction with the Prevention of and Response to Gender-based Violence Policy. 

2. Scope

This Procedure applies to Disclosures and Formal Reports made by, or about, the following: 

  • Staff Members, including full-time, part-time, casual, and fixed-term employees, contractors, third-party providers performing work for the University, honoraries and volunteers; 
  • Students of the University; and 
  • any other person or entity that conducts activities on behalf of the University, who operates on, uses or leases the University's land or facilities, or who has otherwise consented to apply and comply with this Procedure (such as Affiliated organisations).


The Procedure applies whether the conduct occurs during an activity related to the University, on-campus, off-campus, within digital environments, or elsewhere. 

If the incident/s involve children under the age of 18, the matter will be addressed in accordance with this Procedure 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.

3. Definitions

Term Definition
Affiliated organisation an organisation that uses the University's intellectual property in its name, marketing, recruitment, or governance documents.
Authorised Officer As defined in the Student General Misconduct Regulations 2012
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.
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.

4. Procedure

Any person who has experienced Gender-based violence is encouraged to make a Disclosure or Formal Report to the University under Section 5 of this Procedure.  Formal Reports can also be made to external agencies, like the police or the Australian Human Rights Commission.

Responses will be person-centred and trauma-informed, which includes being sensitive and considerate of the Discloser's experience, avoiding re-traumatisation, and genuinely considering the wishes of the Discloser (while doing what is necessary to keep the University community safe).  Responses will also be consistent with procedural fairness.

All parties, including the Discloser and Respondent, are entitled to be accompanied by a support person when they are asked about the matters the subject of a Disclosure or Formal Report.  

The safety and wellbeing of individuals affected is supported by providing clear information throughout the course of the University's response to the Disclosure or Formal Report and providing information about internal and external support services.

A person who has experienced Gender-based Violence has the right to withdraw a Disclosure or Formal Report at any stage of the process. However, the University may continue to act on a Disclosure or Formal Report if it is necessary to ensure the safety of the University community and/or to fulfill legal obligations.

Confidentiality will be maintained as far as legally possible, with clear communication on when sharing of information is required.

5. Disclosure and reporting options

Staff Members who have experienced, witnesses or become aware of an incident/s of Gender-based violence can make a Disclosure or Formal Report (including anonymously) through the following options:

  • Manager or People & Culture Business Partners: Staff Members can raise concerns with their direct manager or People & Culture Business Partner (in person, by email or by phone), who will provide guidance on the process, available support options, and ensure the issue is managed in accordance with University procedures.
  • SwinHelp : Staff Members may choose to make a Disclosure or Formal Report using SwinHelp.
  • Online Incident System – SwinRisk: Staff Members can report an incident through the University’s health and safety incident system, SwinRisk
  • Anonymous Reporting: Staff Members may choose to make an anonymous Disclosure or Formal Report using the designated University online form. However, anonymity may limit the University’s ability to take formal action or provide tailored support.
  • Whistleblower: Staff Members may choose to make an anonymous Disclosure or Formal Report using the Whistleblowers hotline: Improper Conduct and Whistleblowing.


Students who have experienced, witnessed or become aware of an incident/s of Gender-based violence can make a Disclosure or Formal Report (including anonymously) to Safer Community by emailing safercommunity@swin.edu.au or submitting an online report.

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 through the same channels.

Where a Staff Member or Student makes a Disclosure or Formal Report about a person who is not a student or Staff Member of the University:

  • The University will pursue the matter if practicable, for example in accordance with existing participation or affiliation agreements.
  • If a Disclosure or Formal Report about conduct occurring at an affiliated college, club or society where the Respondent is not a member of the University, the University will assist the Discloser to make a Formal Report to the appropriate governing body, which may conduct an investigation or resolution process independently of the University. 
  • Where possible, the University will seek to facilitate the sharing of relevant information with the other body about the conduct and outcomes of any investigation and protect the wellbeing of its own students or Staff Members who are involved in that body’s investigation.
  • The University will ensure that appropriate support is provided to the Discloser, in accordance with Section 6, Support Services, below.


Any other person who has experienced Gender-based Violence by a Staff Member,  student of the University or any other person who has been engaged by the University can make a Disclosure or Formal Report (including anonymously) to Safer Community by emailing safercommunity@swin.edu.au or submitting an online report. 

If a Disclosure is made to an employee of the University outside of the channels outlined above, the employee will take appropriate action to bring the Disclosure to the attention of the relevant person or team described above, ensuring the employee seeks consent from the Discloser before doing so.

All reporting and disclosure options follow a “no wrong door” approach, ensuring that any Disclosure or Formal Report made is directed to the appropriate team for a timely and effective response.

6. Support services

Individuals in immediate danger or requiring urgent medical assistance should contact Emergency Services on 000 and/or Campus Security (available 24/7) on (03) 9214 3333 (all campuses) for on-campus support and coordination with Emergency Services.   

The University will support anyone who makes a Disclosure or Formal Report about Gender-based violence involving a Staff Member, Student of the University or any other person who has been engaged by the University.  The University will ensure that staff with relevant expertise and experience work collaboratively with the Discloser and Respondent to develop a tailored support plan.  The staff assigned to support the Discloser will not be the same Staff assigned to support the Respondent.

Information about supports available to Staff Members is available at Health & Wellbeing Support (staff login), and includes:

  • the University's Employee Assistance Program, which is provided by Sonder on 1800 234 560 or via their app.
  • a tailored safety support plan, developed in conjunction between the impacted Staff Member and a specialised team within People and Culture.


Information about supports available to students is available from Safer Community website and Support for Students Policy and includes:

  • academic supports, including special consideration and extensions;
  • financial and accommodation support;
  • a health service and student counselling; and
  • a 24 hour student wellbeing support crisis line, which can be contacted by phone on 1300 854 144 or text message on 0488 884 145.


Individuals requiring specialist and/or crisis counselling support can also contact the:

  • 1800RESPECT, the national domestic, family and sexual violence counselling, information and support services. (available 24/7): Call 1800 737 732 or visit www.1800respect.org.au
  • Safe Steps (available 24/7): Safe Steps is a confidential and supportive family violence response line for Victoria. Call 1800 015 188 or visit https://safesteps.org.au
  • Victoria Sexual Assault Crisis Line (available after-hours): Call 1800 806 292 or visit www.sacl.com.au
  • Eastern Centre Against Sexual Assault (ECASA; available during business hours and 24/7 for recent incidents): Call 03 9870 7310, email ecasa@easternhealth.org.au or visit https://www.easternhealth.org.au/service/ecasa
  • Men’s Referral Service (available 24/7): Advice for men who use violence. Call 1300 766 491 or visit www.ntv.org.au/mrs
  • 13 Yarn (available 24/7): Crisis support for Aboriginal and Torres Strait Islander people who are feeling overwhelmed or having difficulty coping. Call 13 92 76 or visit https://www.13yarn.org.au
  • Kids Helpline (available 24/7): counselling service for Australian children and young people aged between five and 25 years. Call 1800 551 800 or visit https://kidshelpline.com.au
  • InTouch Multicultural Centre Against Family Violence (available during business hours): InTouch is a specialist family violence service that works with multicultural women, their families, and their communities. Call 1800 755 988 or visit https://intouch.org.au
  • Rainbow Door (available during business hours): Rainbow Door is a free specialist LGBTIQ+ helpline providing information, support, and referral to all LGBTIQ+ Victorians, their friends and family. Call 1800 729 367 or visit https://www.rainbowdoor.org.au

7. Interim measures

Interim measures appropriate to the University’s duty to provide a safe workplace may be implemented while a Disclosure or Formal Report of Gender-based violence is being assessed, managed and/or investigated. 

Where these measures are implemented, they do not indicate or presume the outcome of the process (including any investigation).  They are implemented to protect the health and safety of the University community, while the Disclosure or Formal Report is managed.

The University's policies and procedures concerning staff and student conduct record circumstances in which various interim measures may be imposed.  Such measures should be applied proportionally, with careful considerations.  Without limiting those powers, the Chief People Officer (for Staff) and University Secretary (for Students) may impose interim measures including (but are not limited to): 

  • temporary changes to work duties or location;
  • modifications to workplace access or contact arrangements; 
  • temporary suspension from employment or engagement, or suspension of enrolment;
  • prohibiting a person from approaching, contacting or communicating with another person;
  • in respect of students, restricted access to a particular course, classes or modes of study or facilitating completion of units / courses online (where possible);
  • restricted access to specified buildings or facilities, including University-owned student accommodation; and/or 
  • any other ongoing or temporary restrictions or requirements the University deems necessary, including those set out in the Student General Misconduct Regulations 2012.


When implementing safety measures in response to a Disclosure or Formal Report, the University will engage with, and seriously consider, the views of a Discloser.

The Chief People Officer (for Staff) and University Secretary (for Students) may impose interim measures on an urgent basis for a short period of time without first affording the Respondent procedural fairness.  Where interim measures are imposed without reference to the Respondent, the Respondent will have an opportunity to make submissions and provide material for the Chief People Officer (for Staff) and University Secretary (for Students) to review the interim measures.

8. Managing disclosures

The University will take all reasonable steps to support the individual making a Disclosure, recognising that the first disclosure may be the most important and how it is received may influence a decision to proceed to make a Formal Report.

Where a Disclosure is made under this Procedure, the University will:

  • review the information provided in the Disclosure and contact the person making the Disclosure as soon as possible but not more than one (1) working day of the Disclosure being received by the relevant person or team described in Section 5;
  • provide information in relation to support measures and develop a tailored support plan with the Discloser, including coordinating referrals to external support services as needed; and
  • undertake a preliminary assessment and outline options available to the Discloser to help them determine the next steps they wish to take, including making a Formal Report to the University or report to the police or external agency.


A Disclosure will not always lead to an investigation.  When determining how to manage a Disclosure, including deciding whether an investigation is necessary and appropriate, the University will consult with the Discloser and consider their preferences. 

The University may investigate a Disclosure even when a Formal Report has not been made, and even if the Discloser has expressed a preference that an investigation not be conducted, for example, if:

  • an investigation is necessary to manage a risk to the health or safety of the individual who made the Disclosure or to another person or persons; or
  • if the University considers there is a sufficient basis to warrant an investigation on its own motion, including where the University has a legal duty to investigate; or
  • two or more individuals independently name the same person in separate Disclosures, or the University is concerned the Disclosure may suggest a pattern of behaviour by the person about whom the Disclosures are made; or
  • the individual making the Disclosure is under the age of 18 (child) or persons affected or involved in the Disclosure are likely to include or involve a child; or
  • the Disclosure involves allegations of conduct which could amount to criminal conduct if proven in a court exercising criminal jurisdiction.  The University does not have jurisdiction to determine criminal responsibility and does not make findings in terms of criminal responsibility.  However, the University can and will determine whether alleged conduct breaches the University's policies and procedures. 


Where the University determines to proceed to investigation, the University will provide the individual who made the Disclosure with:

  • an explanation for why the matter is being investigated;
  • information relating to support for the individual who made the Disclosure;
  • the opportunity to be involved in the investigation process if they wish to do so; and
  • an explanation of the record keeping and confidentiality provisions in this Procedure.


Other avenues for managing a Disclosure include:

  • where deemed appropriate, a facilitated discussion or mediation between the Discloser and Respondent (where safe to so do and provided all parties agree to participate);
  • an agreed resolution between the Discloser and Respondent about how they will interact with each other in the future (where safe and appropriate to do so);
  • the implementation of safety measures without progressing to an investigation; or
  • training, coaching or counselling for both the Respondent and Discloser.

9. Managing formal reports

A Formal Report can be made at any time.  It is not necessary to first make a Disclosure.

The University will manage Formal Reports in the following way:

  • For Formal Reports made about a Staff Member: in accordance with the Prevention of Gender-based Violence Policy and this Procedure, together with other relevant policies, legislation and agreements, including the People Culture & Integrity Policy and the People and Culture Manual, and the Enterprise Agreement.
  • For Formal Reports about a Student: in accordance with the Prevention of Gender-based Violence Policy and this Procedure, together with the Complaints Management Guidelines and the Student General Misconduct Regulations 2012.


This Procedure will apply to the extent of any inconsistency with other University policies and procedures.

Where the Respondent is both a Staff Member and a Student, the University will determine the most appropriate process for managing the Formal Report.  Multiple processes may be implemented, where required.

The University will investigate all Formal Reports where the Respondent is a Student or Staff Member regardless of the context in which the Gender-based violence occurs.  If the Formal Report has no connection to the University other than the status of the Respondent, the University will consider the safety and wellbeing of students and Staff Members when determining the scope of the investigation.

Following an investigation, the University will take action to ensure a proportionate and safe response to any findings.  This may include:

  • a resolution that is implemented with the agreement of the Discloser and Respondent;
  • the implementation of safety measures without progressing to a disciplinary process;
  • a decision to progress to a disciplinary process; and/or
  • referral of the matter to an Authorised Officer to determine an appropriate outcome (which may include consultation with Safer Community).


Formal Reports (including any disciplinary processes) will be finalised within 45 business days from Disclosure, however the time for finalisation can be extended (either prospectively or retrospectively) where required by the Vice-Chancellor, including for one of the following reasons:

  • the conduct the subject of the Disclosure or Formal Report is also the subject of a court process;
  • to afford the Discloser and Respondent procedural fairness;
  • to allow the University sufficient time to investigate, consider the relevant material and make a decision, or obtain legal advice;
  • where necessary for the health, safety or wellbeing of participants, including where required to ensure the process is trauma-informed; or
  • to comply with an industrial instrument such as the Enterprise Agreement.


Conduct or a decision of the University is not invalid merely because it occurs outside the 45 business day timeframe.

10. Preliminary assessment and investigation of disclosures and formal reports

In circumstances where a Disclosure or Formal Report is made, a preliminary review will be undertaken to determine the most appropriate means of managing the Disclosure or Formal Report.  The University will also undertake a risk assessment in response to all Disclosures and Formal Reports of Gender-based violence, and will manage and monitor any identified risks on an ongoing basis.

In the course of a preliminary review of a Disclosure or Formal Report, and the resolution and/or investigation of a Disclosure or Formal Report (including when making findings of fact and determining any disciplinary outcome), all parties will be afforded procedural fairness and natural justice.

The University is unable to investigate Disclosures or Formal Reports where the Respondent cannot be identified, but will take other reasonable and proportionate action to address the concerns raised in the Disclosure or Formal Report.  The University will also use these Disclosures and Formal Reports to identify any trends and risks to inform future action to prevent Gender-based Violence.

All Disclosures and Formal Reports will be managed and finalised as quickly as possible. Disclosers and Respondents will be kept informed in writing of the progress of the Disclosure or Formal Report, including being advised of any delays that may arise unless the Discloser has specifically requested not to receive such notifications.

The University will make an initial assessment of a Disclosure or Formal Report to determine risk and next steps, taking account of:

  • the Discloser's needs and wishes;
  • any wider obligations and duties including obligations relating to occupational health and safety, duty of care and any other legal obligations;
  • whether there is a risk to the health or safety of the Discloser or another person;
  • whether the Disclosure or Formal Report relates to a child;
  • what investigative or other actions, if any, are available to the University;
  • whether two or more people independently name the same Respondent in separate Disclosures or Formal Reports, or the University is concerned the Disclosure or Formal Report may suggest a pattern of behaviour by the Respondent;
  • whether the University is required to communicate the nature of the Disclosure or Formal Report to other authorities; and/or
  • any relevant processes or sanctions that are available to the University under the terms of any contract between the individual (or their employer) and the University.


Where an investigation is required, it will be undertaken either internally or by engaging an external expert, and a report prepared. The University will ensure that investigations are undertaken by people with relevant expertise and experience. If an investigation does not proceed, the University will advise the Discloser of the decision and reasons for this immediately and ensure appropriate support is available to them.

The standard of proof applied to the University’s findings is the balance of probabilities. This means that the alleged Gender-based violence is found to be more likely to have occurred than not, based on the available evidence.

The University must not require any person to provide physical evidence relating to a Disclosure or Formal Report.

Unless otherwise requested by the Discloser, the results of the investigation will be communicated to the Discloser and the Respondent on the same day, and may include one or more of the following:

  • a summary of investigation findings and outcomes;
  • the reasons for the outcome;
  • an explanation of behavioural expectations;
  • information regarding internal and external supports, and appeal or complaint options including to the National Student Ombudsman; and
  • action plans to support both the Discloser and Respondent and manage ongoing risks (a breach of which may result in a misconduct process being initiated).

12. Appeals and review process

Both the Discloser and the Respondent have the right to appeal the outcome of an investigation if they believe that procedural fairness was not upheld.

Staff

Appeals by a Staff Member must be submitted pursuant to the Enterprise Agreements and the Fair Work Commission.  

Students

Appeals by a student must be submitted within 21 working days of the date of the notification of the decision in accordance with the Reviews and Appeals Regulations 2012.  An Advocacy Officer at Swinburne Student Association can assist students with their submission.

External complaints can also be made to the National Student Ombudsman.

Appeals will be finalised within 20 business days, however conduct or a decision of the University is not invalid merely because it occurs outside this timeframe.  The time for finalisation can be extended (either prospectively or retrospectively) where required, including for one of the following reasons:

  • the conduct the subject of the Disclosure or Formal Report is also the subject of a court process;
  • to afford the Discloser and Respondent procedural fairness;
  • to allow the University sufficient time to investigate, consider the relevant material and make a decision, or obtain legal advice;
  • where necessary for the health, safety or wellbeing of participants, including where required to ensure the process is trauma-informed; or
  • to comply with an industrial instrument such as the Enterprise Agreement.

13. Confidentiality and record-keeping

The University is committed to maintaining the confidentiality of all parties involved in accordance with its legal obligations. Disclosure of information will be limited to individuals directly involved in the response and support processes. All records will be securely stored in accordance with data protection and privacy legislation, and access will be restricted to authorised personnel. The University may be required by law to produce records to law enforcement agencies and courts.

The Discloser will be entitled to receive written notification of the following (if they wish):

  • the commencement of an investigation (prior to any notification to the Respondent);
  • the outcome of the investigation, including whether a disciplinary process will be commenced (on the same day the Respondent is notified);
  • the outcome of the disciplinary process, including the decision, any relevant sanctions, reasons for the outcome, and the right to make an internal and/or external complaint, including to the National Student Ombudsman (on the same day the Respondent is notified);
  • the lodgement of any appeal (within two business days of lodgement); and
  • the outcome of any appeal, including the decision, any relevant sanctions, reasons for the outcome, and the right to make an internal and/or external complaint, including to the National Student Ombudsman.

14. Reporting to police and/or external agencies

Disclosers may report incidents of Gender-based violence to external authorities, including the Police. The University will support any individual who chooses this path and will cooperate with external agencies in their investigations.

The University will only report instance/s of Gender-based violence to the Police with the consent of the Discloser, except where the University has a duty of care or is legally required to do so (eg. incidents involving individuals under the age of 18). In these cases, the University will inform the Discloser of these requirements and provide support throughout the process.

If a report is made to both the University and the Police or another external agency, the University may be required to suspend its internal investigation until the external process is concluded. The University will continue to provide support to all parties during this period.

15. Review and continuous improvement

The implementation of this Procedure will be regularly monitored to ensure compliance and effectiveness. An annual review will be conducted in line with the University’s commitment to continuous improvement. De-identified data will be analysed to identify trends and inform future policy and procedural updates.

Procedure details

Approval  Vice-Chancellor, Date: 23 December 2025

Procedure owner 

 Vice President, Service & Operations & Chief Operating Officer
Procedure author Director Student Wellbeing and Director Integrity and Compliance
Status Current 
Version V1.0
Review Date October 2026

History

History of approval of the procedure and its amendments.

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

Procedure governance