Leading Expert Sexual Harm and Gender-Based Violence Guidelines
Universities Australia - Primary Prevention of Sexual Harm in the University Sector -Good Practice Guide July 2023
In Australia, many students experience sexual harm and gender-based violence on university campuses, and in the community more broadly. With one in six experiencing sexual harassment and one in 20 experiencing sexual assault at university, tertiary education providers must continue to build on and improve their efforts to prevent sexual harm.
While there are many frameworks guiding primary prevention in Australia, gaps remain. The Primary Prevention of Sexual Harm in the University Sector – Good Practice Guide seeks to fill these gaps by providing primary prevention practitioners with evidence-based approaches in a diverse range of university contexts together with insights into consultation approaches to inform successful interventions.
This guide aims to drive collaboration between primary prevention practitioners and foster a culture of working to dismantle the values, norms, practices, and structures that enable gender-based violence and sexual harm in our university communities.
The guide also summarises primary and secondary research, commissioned by Universities Australia, on how to reduce sexual harm and promote respectful relationships among university students across Australia.
The Positive Duty under the Sex Discrimination Act
Australian Human Rights Commission (the Commission).
Under the Sex Discrimination Act, the University has a positive duty to eliminate, as far as possible, the following ‘relevant unlawful conduct’ from occurring:
- discrimination on the grounds of sex in a work context
- sexual harassment in connection with work
- sex-based harassment in connection with work
- conduct creating a workplace environment that is hostile on the grounds of sex
- related acts of victimisation.
The new positive duty imposes a legal obligation on the University to take proactive and meaningful action to prevent relevant unlawful conduct from occurring in the workplace or in connection to work. The University must actively prevent workplace sexual harassment, sex discrimination and other relevant unlawful conduct.
Choosing robust preventative actions will help UNE to strengthen safety, respect and inclusion while we work, live, study and socialise, at UNE.
On 12 December 2023, the Commission acquired new powers to investigate and enforce compliance with the positive duty. To assist places of work to comply with the positive duty, the Commission developed practical guidance materials to help organisations such as the University, to understand the responsibilities and possible changes that may need to be made to meet these new legal obligations.
- Guidelines for Complying with the Positive Duty
- Information Guide on the Positive Duty
- A quick guide for complying with the positive duty -This guide is also available in Vietnamese, Italian, Punjabi, Greek, Chinese, and Arabic.
- Factsheets.
