Gender-based Violence Prevention and Response Policy

Content warning notice 

This policy talks about gender-based violence, which may be distressing to read. If you would prefer to discuss the content of this policy with support, please contact the Safe and Respectful Communities team (refer Respect at UTS).

Immediate help and emergency support 

If you are in immediate danger, risk of harm or require medical attention:

• Call 000 for emergency services.
• Call 1800 249 559 or 6 from any campus phone for UTS Security and Emergency Management.

Reporting or disclosing an incident 

If you want to find out how to make a gender-based violence complaint to UTS, you may go directly to the Gender-based Violence Response Procedure or you can make a complaint directly via the portal (available at Respect at UTS). 

Notice on use of language

In this policy, UTS aims to support all individuals who choose to make a gender-based violence complaint through their lived experience. The policy adopts the neutral labels of ‘complainant’ and ‘respondent’. These terms are collective nouns used to encompass a variety of individuals who make and respond to a claim of gender-based violence, and ensure that no person to such a claim is unfairly prejudiced.

‘Complainant’ includes any person disclosing or reporting an incident of gender-based violence, including any person with them or making a complaint on their behalf (including family, friends, safety caseworkers and legal professionals, as appropriate). The term is not intended to, and does not seek to, minimise an experience of gender-based violence.

‘Respondent’ on the other hand includes any person responding to allegations put forward by a complainant, including the individual who is the subject of the complaint, an alleged perpetrator and/or any person working on their behalf (including family, friends, counsels, safety caseworkers and legal professionals, as appropriate). 
 

1. Purpose

1.1 UTS is committed to the reduction, prevention and elimination of gender-based violence. This policy supports UTS’s compliance with the: 

1. Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025 (the Act)
2. National Higher Education Code to Prevent and Respond to Gender-based Violence 2025 (the national code) established under the Act, and
3. Work Health and Safety (Sexual and Gender-based Harassment) Code of Practice 2025 (Cth).

1.2 The Gender-based Violence Prevention and Response Policy (the policy) forms part of a suite of policies and procedures that: 

1. describe the university’s values, behavioural expectations and commitments to equality and social justice (refer the Equity, Inclusion and Respect Policy, the Code of Conduct and the Student Rights and Responsibilities Policy), and
2. provide a safe learning and working environment under the Higher Education Standards Framework (Threshold Standards) 2021, the Health, Safety and Wellbeing Policy and the ESOS Compliance Policy. 

2. Scope

2.1 This policy applies to the UTS community, including:

1. students, staff and affiliates (current and former)
2. UTS College and any other UTS entity with a student body
3. short forms of learning participants and enterprise learning students and participants
4. members of the UTS Council and its committees
5. visitors to the university
6. the UTS Housing Service, and
7. any other entity conducting activities on behalf of UTS and/or operating on or using the UTS campus.  

2.2 In this policy: 

1. references to staff include any staff, affiliates, UTS Housing Service staff and volunteers, members of Council and its committees, as well as the staff of any UTS controlled entity, and
2. references to students include all UTS students and residents of UTS Housing Service (irrespective of whether they are enrolled in a UTS course), short forms of learning and enterprise learning participants and any other UTS entity with a student body.

2.3 This policy applies to all UTS physical and virtual spaces, and UTS activities, including but not limited to: 

1. the UTS campus and facilities, student housing, specialist spaces or any other spaces owned or used by UTS as part of its teaching, learning, research and business activities
2. online forums, communities and platforms, and
3. activities organised by or on behalf of UTS, its controlled entities or any student club, society or association, on or off campus, including but not limited to outreach activities, fieldwork, internships, exchanges, social functions, group learning and assignments, university travel, competitions, work opportunities and sporting events.

2.4 UTS will work with offshore partners to address legal requirements and provide advice on culturally appropriate prevention and response approaches. 

3. Principles

3.1 UTS is committed to a future that is free from gender-based violence. In working towards this future, UTS will: 

1. adopt the definition of gender-based violence as outlined in the national code (refer Definitions)  
2. prioritise needs of the UTS community in implementing effective prevention and response activities
3. work proactively to provide a safe community with a culture of empathy, integrity and understanding
4. take a whole-of-university approach that is prevention-led and evidence-based, and
5. be person-centred and trauma-informed in the management, response and support provided to complainants to help them achieve their professional and educational outcomes.

3.2 It is recognised that gender-based violence can take many forms and:

1. may be constituted by a single act or circumstance or a combination or pattern of acts or circumstances over a period of time
2. can occur between strangers or people who are known to each other (including people involved in a consensual sexual or romantic relationship and/or domestic relationship)
3. can be physical, verbal, sexual, emotional or psychological, socio-cultural, spiritual, financial or economic
4. can include forced marriage, trafficking for the purpose of sexual exploitation, indecent assault, stalking and sexual assault
5. removes the option for free and/or informed consent, and/or
6. may take place in person and/or may be facilitated through technology, for example, stalking or image-based abuse using social media, artificial intelligence, apps and personal devices. 

4. Policy statements

Acknowledging the impact of gender-based violence 

4.1 UTS recognises that gender-based violence is a pervasive and complex social problem with wide negative social impacts. It also has negative consequences on an individual’s mental and physical health, impacting educational and work outcomes and the ability to participate in a wider social life or to foster and retain personal relationships.

4.2 Gender-based violence often begins with the normalisation of disrespectful words and actions. The elimination of gender-based violence requires everyone to consciously choose not to tolerate, overlook or downplay even minor acts of aggression (also called microaggressions).  

4.3 It is further recognised that the risk of gender-based violence is increased where a power imbalance exists, noting the following:

1. While overwhelmingly perpetrated against women, female-identifying individuals and LGBTQIA+ people, it is not solely confined to these groups and may be experienced and perpetrated by any person of any gender or sexual orientation against any other person.
2. UTS acknowledges that violence and harm are not solely rooted in gender and are often shaped by intersectionality. Some groups may be more vulnerable to gender-based violence due to intersectional factors (such as cultural background, age, disability, neurodiversity, gender-identity, sexual orientation and/or English proficiency) and their experience of harm is unique or more complex due to the mix of these experiences. UTS recognises how overlapping identities and experiences shape the nature, impact and visibility of harm. This includes acknowledging female-identifying individuals, Aboriginal and Torres Strait Islander people, trans and gender-diverse people, people with a visible and invisible disability, and cultural and linguistically diverse communities who may experience violence differently and face unique barriers to support. 

Whole-of-university approach

4.4 UTS’s whole-of-university commitment to the national goal of eliminating gender-based violence (in line with the National Plan to End Violence Against Women and Children) is prevention-led and includes:

1. governance oversight
2. a community-wide rejection of disrespectful behaviour, and
3. continual improvement of prevention and response activities based on evidence, feedback and engagement. 

4.5 The UTS Gender-based Violence Prevention and Response Action Plan (the action plan) outlines UTS’s prevention and response initiatives that implement the whole-of-university approach. The action plan: 

1. is informed by evidence-based practice (both internal and external)
2. is continually updated, with a full systematic review and analysis every 3 years informed by UTS’s ongoing analysis of data in line with the national code
3. incorporates the Gender-based Violence Outcomes Framework (the outcomes framework) (refer Definitions)
4. aligns with the UTS Gender Equality Action Plan, and
5. forms part of wider sectoral and national change projects, contributing to the national evidence base where possible. 

4.6 Gender-based violence risks for UTS will be continually assessed in line with the Risk Management Policy, the Gender-based Violence Response Procedure (the procedure) and the national code. This forms part of the university’s ongoing commitment to the health, safety and wellbeing of its staff, students and visitors (refer Health, Safety and Wellbeing Policy) and is in addition to risk assessments undertaken in response to individual cases (refer the procedure).

Accountable leadership and governance 

4.7 UTS Council retains governance oversight of UTS’s gender-based violence prevention and response activities and, in doing so, will:

1. act as approval authority for this policy, the action plan and the Gender Equality Action Plan
2. be assured to their satisfaction that the level of resources dedicated to prevention and response activities enable compliance with the national code
3. delegate responsibilities for the implementation of this policy, the action plan and the whole-of-university approach to the Vice-Chancellor in line with the national code (including responsibility for the approval of any associated procedures)
4. ensure that the Audit and Risk Committee of Council has expertise in student and staff wellbeing and an understanding of gender-based violence risks within its membership
5. receive, via the Audit and Risk Committee of Council, gender-based violence risk assessments
6. receive, via the Governance Committee of Council, regular reports as outlined in this policy and the action plan
7. receive dedicated training every 2 years, and
8. approve the annual report on gender-based violence (in line with the national code). 

4.8 The Safe and Respectful Communities Steering Committee (the steering committee) provides advice to the Vice-Chancellor on implementing this policy, the action plan and the whole-of-university approach. The steering committee’s membership and terms of reference is approved by the Vice-Chancellor and published in Appendix 1. 

4.9 UTS recognises the role of the Secretary of the Department of Education (hereafter the secretary) in administering the national code and will work with the secretary and the National Student Ombudsman to ensure continued governance and process improvements.

Community responsibility and active bystanders 

4.10 In addition to the behavioural requirements outlined in the Code of Conduct, the Student Rights and Responsibilities Policy, the Equity, Inclusion and Respect Policy and the Child Protection Policy, all members of the UTS community must:  

1. act with respect to avoid any behaviour that may constitute gender-based violence or inappropriate, unwelcome and/or non-consensual behaviour
2. complete any mandatory or targeted training (including, but not limited to, Consent matters training, prevention and/or workplace health and safety) as required, and
3. behave with empathy and be respectful of the lived experiences of others.

4.11 Where it is reasonable and safe to do so, UTS encourages all members of the UTS community to be active bystanders and come forward to disclose instances of gender-based violence (refer the procedure and Speak up at UTS). 

4.12 Disclosure and reporting options, as well as support and advice, are available to all members of the UTS community as outlined in the procedure and Respect at UTS. 

4.13 Academic staff must create a learning environment that rejects gender-based violence in all its forms, including microaggressions. UTS will provide support and advice to academic staff in how to create a safe and welcoming learning environment and how to manage negative and harmful interactions. 

4.14 UTS accommodation will be safe for residents and staff. This includes accommodation provided by UTS Housing Service and any affiliated student accommodation providers. Affiliated student accommodation providers must meet the requirements of the national code as part of any agreement with UTS. Non-compliance with the national code will be reported to the secretary. 

Gender-based violence declarations

4.15 As required by the national code, all staff, student leaders and affiliates, including UTS Housing Service staff and members of UTS Council, must declare whether they have been investigated for an allegation of gender-based violence, or determined to have engaged in conduct that constitutes gender-based violence, in their previous employment or otherwise in a legal process. These declarations must be made in line with the Conflicts of Interest Disclosure Policy. 

4.16 UTS will evaluate all declarations and determine any potential safety concerns for the UTS community. Where appropriate, support may be provided to help individuals safely join the UTS community. This may include risk mitigation strategies and/or training to learn how to constructively contribute to the elimination of gender-based violence. 

4.17 Current or previous sexual or romantic relationships (referred to as intimate relationships in the national code) between members of staff or between staff and students relevant to the operations of the national code must be declared in line with the Conflicts of Interest Disclosure Policy. Further requirements for personal relationships are outlined in the Equity, Inclusion and Respect Policy.

Prevention-led approach 

4.18 UTS’s gender-based violence prevention activities are coordinated by the Pro Vice-Chancellor (Social Justice and Inclusion) or nominee and the Respect.Now.Always (RNA) Program Manager on behalf of the Vice-Chancellor. The RNA Program: 

1. coordinates awareness, engagement and communication activities (overseeing campaigns and building relationships)
2. supports UTS in accessing and providing training and education for both prevention and response activities that are evidence-based, trauma-informed and guided by leading practice
3. collaborates with the government, peak bodies and other external stakeholders to identify and implement emerging trends, evidence-based outcomes and leading practice, and
4. seeks feedback from staff and students to inform improvements as part of ongoing education and communication evaluation strategies.

4.19 Relevant staff, affiliates, student leaders and others involved in providing a safe and respectful community will have the necessary training and/or experience and must comply with this policy. 

4.20  UTS can mandate training for both students (refer Rule 3.2.5) and staff. Staff whose substantive role is in connection with student and staff support activities must undertake training as outlined in the action plan and/or their individual workplans. 

Responding with empathy 

4.21 UTS’s gender-based violence response activities (refer the procedure) are coordinated by the Pro Vice-Chancellor (Social Justice and Inclusion) or nominee. In responding to disclosures and reports UTS will: 

1. provide support to and work with complainants to determine appropriate action and next steps
2. provide support to and work with respondents throughout the case management process
3. ensure data is collected in a safe, trauma-informed and person-centred manner and held securely
4. inform the university’s insurer as soon as possible, ensuring personal information is protected, and
5. support the university’s reporting requirements under the national code.

Non-disclosure and non-disparagement agreements 

4.22 UTS may only use non-disclosure agreements if requested by the complainant. Any requested non-disclosure agreement must comply with the conditions outlined in the national code. 

4.23 UTS will not include any non-disparagement clauses that could require the complainant to keep their experience of gender-based violence confidential in any settlements agreed between UTS and a complainant. 

Obligation to report to the police 

4.24 UTS respects the complainant’s needs and wishes in making a police report. In some instances, where an incident of gender-based violence may constitute a serious indictable offence, UTS has an obligation to make a report to the police under section 316 of the Crimes Act 1900 (NSW). Reports to the police are coordinated by the Head of Security and Emergency Management in line with the Campus Policy and the procedure. 

Privacy, records and data management

4.25 Disclosures and reports of gender-based violence are captured in UTS’s gender-based violence portal and are managed in a safe and confidential manner in line with the Privacy Policy, the Records Management Policy, the Gender-based violence privacy notice and any requirements under the national code. 

4.26 Data will be used or shared in line with the Privacy Policy: 

1. to respond to a disclosure or report (refer the procedure)
2. to understand the nature and prevalence of gender-based violence (for example, to measure progress, identify trends and inform governance, prevention and response activities)
3. to provide any required information or reports to the secretary as requested, and
4. in line with legal obligations. 

Internal and external reporting 

4.27 A Gender-based Violence Report will be provided to Council via the Audit and Risk Committee at least every 6 months in line with the national code. The report will: 

1. include anonymised or de-identified data (as guided by the secretary) on disclosed or reported incidents of gender-based violence and the responses to these disclosures and reports (case data and case progression data)
2. be assessed against the outcomes framework (refer the action plan) to inform the continued improvement of governance, prevention, response, reporting and management processes to support the whole-of-university response
3. identify any trends in the data, responses or any feedback from complainants or respondents, and
4. form the basis for the annual and biennial reporting requirements. 

4.28 A Gender-based Violence Prevention and Response Annual Report (annual report) will be approved by Council and published on the UTS website by 30 June each year from June 2027 (refer the action plan). An annual case management statement will be developed by the Pro Vice-Chancellor (Social Justice and Inclusion) or nominee to ensure compliance with the code. 

4.29 The Vice-Chancellor will provide a report to the secretary on the action plan and the outcomes framework every 2 years after the initial reporting date as directed by the secretary. Any feedback provided by the secretary will be addressed within the agreed timeframe. 

4.30 Every 3 years, UTS will undertake a systematic review of the effectiveness of its policy, procedure, action plan and outcomes framework informed by the ongoing monitoring and evaluation of data, making any necessary changes as directed by the findings. This review:

1. is informed by the annual report
2. will include an impact assessment (refer Policy Framework)
3. will inform systemic or process improvements, and  
4. will be provided to the secretary when completed and at any other time on request. 

4.31 UTS will provide any other information or reports against any of the national code’s standards on request of the secretary. 

Policy breaches and legislative non-compliance 

4.32 Breaches of this policy must be reported to the Pro Vice-Chancellor (Social Justice and Inclusion) or nominee for management and/or escalation to the Vice-Chancellor. Breaches will be managed on a case-by-case basis under the applicable Enterprise agreements, the Code of Conduct or section 16, Student Rules as appropriate. 

4.33 Confirmed acts of victimisation are considered a breach of this policy and individuals will face disciplinary action.

4.34 Suspected and actual data breaches must be responded to immediately and managed in line with the Data Breach Policy.

4.35 Any breach of this policy that results in non-compliance with the national code may be subject to civil penalties. Non-compliance with this policy and/or an equivalent policy under the national code by any person or entity in scope of this policy will be reported to the secretary.

Complaints and appeals 

4.36 Complaints related to the implementation of this policy or the procedure may be made via one of UTS’s complaints policies as follows:  

1. Students should refer to the Student Complaints Policy or make a complaint directly to the National Student Ombudsman (NSO)
2. Staff should refer to the Staff Complaints Policy. 

4.37 Appeals processes that form part of staff and student disciplinary processes are outlined in the procedure.

5. Roles and responsibilities

5.1 Policy owner: The Vice-Chancellor is responsible for implementation, enforcement of and compliance with this policy, ensuring that its principles and statements are observed. The Vice-Chancellor is also responsible for ensuring UTS’s compliance with the national code and approving: 

1. resources to support UTS’s whole-of-university approach
2. the Safe and Respectful Communities Steering Committee terms of reference, and
3. the Gender-based Violence Response Procedure. 

Council is responsible for approving and overseeing the implementation of this policy, the UTS Gender-based Violence Prevention and Response Action Plan and for supporting gender-based violence prevention and response. 

5.2 Policy contact: The Pro Vice-Chancellor (Social Justice and Inclusion) or nominee is responsible for the Safe and Respectful Communities team, the day-to-day implementation of this policy and acting as the primary point of contact for advice on fulfilling its provisions.

The Pro Vice-Chancellor (Social Justice and Inclusion) or nominee, in consultation with relevant internal and external experts, will oversee a full evaluation of UTS support services, including the integrated care model (refer the procedure), as part of a triennial review.  

5.3 Implementation and governance roles:

Council is responsible for governance oversight of UTS’s gender-based violence prevention and response activities together with the Audit and Risk Committee and the Governance Committee.

The Safe and Respectful Communities team is responsible for coordinating and managing disclosures and reports of gender-based violence (refer the procedure). 

The RNA Project Manager is responsible for coordinating gender-based violence prevention activities. 
The Pro Vice-Chancellor (Social Justice and Inclusion) is responsible for implementing UTS’s Gender Equality Action Plan.

6. Definitions

The following definitions apply for this policy and all associated procedures. These are in addition to the definitions outlined in Schedule 1, Student Rules. Definitions in the singular also include the plural meaning of the word.

Active bystander is defined in the procedure. 

Affiliate is defined in the Code of Conduct. Any references to staff in this policy mean both staff and affiliates.

Affiliated student accommodation provider is defined in the national code and means a provider of accommodation to students that is not a student accommodation provider or a provider of higher education, but is nevertheless affiliated with UTS, including (without limitation) by: 

1. any statute, constitution or similar legal instrument
2. having a service agreement or other agreement
3. operating on UTS owned lands (including the UTS campus)
4. being authorised by UTS to use UTS’s intellectual property in its recruitment or marketing materials or on its website, or
5. being listed on the UTS website as ‘student accommodation’ or being promoted by UTS in its recruitment or marketing material.

Anonymised data means data that has been altered to remove any links to an individual and cannot be reversed. 

Complainant (also discloser in the national code) is defined in the procedure. 

Consent means a situation where an individual freely, voluntarily and with the necessary capacity (that is conscious and free of influence or intoxication) and knowledge agrees (as understood within the relevant legislation) to any sexual activity. An individual may withdraw consent at any time (including during a sexual act) and for any reason. Consent is covered by NSW legislation that requires each participant to do or say something to find out if the other person freely and voluntarily agrees to a sexual act. 

De-identified data means data that has been altered to remove personal identifiers but may allow for re-identification when combined with other data sources. 

Disclosure is defined in the procedure.  

Gender-based violence (GBV) is defined in the national code and means ‘any form of physical or non-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’. This definition applies for this policy and for UTS more broadly and incorporates the definition of gendered violence under the UTS Staff Agreement. Examples of gender-based violence include, but are not limited to, sexual harassment, sexual assault, any non-consensual sexual acts, stalking, image-based abuse, some forms of child abuse, some forms of modern slavery and coercive control. 

Gender identity is defined in the Equity, Inclusion and Respect Policy. 

Intersectionality is defined in the Equity, Inclusion and Respect Policy and for the purpose of this policy also takes into account a person’s gender identity and sexual orientation.  

Outcomes framework means the document that forms part of the Gender-based Violence Prevention and Response Action Plan that allows UTS to track progress against stated initiatives that are informed by relevant national and international evidence and best practice. The framework includes benchmarks and expectations and enables quality assurance.

Participant is defined in the Short Forms of Learning Policy. 

Person-centred is defined in the procedure. 

Report is defined in the procedure.   

Respondent is defined in the procedure. 

Sexual assault means a form of gender-based violence where a person is forced, coerced (including the use of threats) or tricked into sexual acts against their will and/or without their consent. Sexual assault may also be referred to as rape or sexual intercourse without consent. Sexual assault is a crime (refer Crimes Act 1900 (NSW)) and should be reported to the police. 

Sexual identity is defined in the Equity, Inclusion and Respect Policy. 

Staff is defined in the Code of Conduct.

Student is defined in the Student Rights and Responsibilities Policy. 

Student leader is defined in the Student Rights and Responsibilities Policy.

Trauma-informed is defined in the procedure. 

UTS campus (or campus) is defined in the Campus Policy. 

Victimisation is defined in the Equity, Inclusion and Respect Policy. 

Visitor is defined in the Campus Policy.