Respect at work
We are committed creating a safe and respectful culture. We will not tolerate sexual assault, sexual harassment, sex-based harassment, violence, abuse, or disrespect in any form.
The University is committed to providing a safe environment that supports individuals in their study, work, or University endeavours. Everyone in our community has a role to play in creating a culture of respect and helping to change unacceptable behaviour.
Support options
Support is available to all members of the University community who are affected by sexual assault, sexual harassment or sex-based harassment.
Staff may contact staffcare@newcastle.edu.au for confidential advice and assistance in connecting with support services. Services are available to all staff concerned (victim, alleged perpetrator, complainant, respondent, and witnesses).
Support for staff
Employee Assistance Program
The Employee Assistance Program (EAP) is a FREE counselling service for all for University employees. They provide:
- Crisis support: Available 24 hours a day, 7 days per week via phone +61 2 4926 5005
- Face-to-face: In Newcastle CBD or via affiliate rooms regionally
- Via telehealth: Phone or secure telehealth link
Staff may also contact Human Resources on staffcare@newcastle.edu.au
Human Resources can provide referrals, advice, guidance and support through any process for the complainant and respondent.
The Employee Assistance Program (EAP) is a confidential, short-term, solution focused counselling service free for all for University employees and their immediate family members.
The EAP psychology team encompasses clinicians from diverse backgrounds and a wide array of clinical experience. Clinicians use evidence-based psychological strategies for a broad range of clinical issues, including having expertise in supporting clients who have experienced or are impacted by sexual assault, sexual harassment and sex-based harassment.
- All consultations are strictly confidential
- The EAP provider will not share information about you with the University unless you authorise for them to do so
- When making appointments, you may be asked for information about the organisation; This information may be used towards high level reporting on trends and utilisation rates
The choice is yours, however if you are hurt or unsafe you are encouraged to contact emergency services on Triple Zero (000).
You can seek support and/or make a report via any of the channels outlined on this page.
There is no right way to respond if you think you have been sexually assaulted or harassed but the University can provide support.
You can also seek advice and support from external agencies and can also report incidents of sexual assault and/or sexual harassment to NSW Police.
The University is committed to taking a trauma-informed approach to all reports of sexual assault, sexual harassment and sex-based harassment. In line with this, as a leader, you should take a people-centred approach to disclosures or reports of workplace sexual assault, sexual harassment and/or sex-based harassment. This means placing people (victim/survivors or witnesses/bystanders) at the centre of any response. This includes listening to, empowering and supporting people who are impacted by sexual assault, sexual harassment or sex-based harassment.
As a leader, you are obligated to respond to all disclosures or reports of sexual assault, sexual harassment or sex-based harassment. You must contact Human Resources and seek advice on making a formal report. Human Resources will also be able to assist you with connecting to relevant services to support your own and others mental health and wellbeing.
Our EAP provider is able to assist leaders via 1:1 support and also via the Leader Assist Service. Managers and supervisors are able to access immediate, professional and confidential consultation via the Leaders Assist Service for issues that may include assisting staff members whose work performance is affected by emotional or psychological factors, dealing with emotional issues at work and preventing and managing the impact of post-trauma stress following a critical incident.
Support for students
For students, this support includes:
- Face-to-face, phone, and online counselling sessions; health services; after hours support line; and campus security
- Advice in relation to academic processes, if their studies are impacted
To access support:
- Students may contact Campus Care on campuscare@newcastle.edu.au
- Visit this website: Student Support
General support
Respondents will be offered support by the University independent of the support provided to the complainant, witnesses or others who are aware of a report of sexual assault, sexual harassment or sex-based harassment. Members of the University community can also seek advice, information and support from external agencies or raise concerns if they are not content with the University's response.
These external agencies include:
- Police
- Australian Human Rights Commission
- Anti-Discrimination NSW
- Tertiary Education Quality and Standards Agency
- SafeWork NSW
- Fair Work Australia
- Fair Work Ombudsman
- NSW Ombudsman
Reporting concerns to the University
We adopt a person-centred approach to our response that respects the wishes and best interests of the persons impacted. When you make a report, you will be asked questions to obtain specific information so we can provide support and guidance in how you would like those concerns managed.* Your safety and the safety of our community is a priority, so in addition to the reporting below, staff may choose to enter a confidential AIMS notification (hazard or incident).
*It should be noted, the University also owes a duty of care to others to take steps to prevent and address sexual assault, sexual harassment, and sex-based harassment and will work with you through any direction taken to prevent future harm.
There are three ways staff can report:
Online Form
Phone
Under the Sex Discrimination Act, organisations have a positive duty to eliminate, as far as possible, the following unlawful behaviour from occurring:
- Discrimination on the ground 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 ground of sex
- Related acts of victimisation
Work health and safety (WHS) laws also place responsibilities on organisations, workers and others in a workplace to take steps to prevent and address sexual assault, sexual harassment and sex-based harassment.
Sexual assault is any sexual act or touching in circumstances where the person engaging in the act, or the touching does not have the consent of the other person to the act or the touching. Sexual assault is a crime under the Crimes Act 1900 (NSW).
Touching can be ‘sexual’ because of:
- the area of the body that is touched or used in the touching, including (but not limited to) the genital or anal region, the buttocks or the breasts;
- the fact that the person doing the touching seeks or gets sexual arousal or sexual gratification from the touching; or
- any other aspect of the touching, including the circumstances in which it is done.
Sexual harassment is defined in the Sex Discrimination Act 1984 (Cth). Unlawful sexual harassment occurs where a person:
- makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to another person; or
- engages in other unwelcome conduct of a sexual nature in relation to the other person, where a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated, or intimidated.
A person does not need to intend to engage in sexual harassment for it to be unlawful.
Intention (whether good or bad) or poor judgment from the respondent is irrelevant. It does not matter whether the person harassed objected to the behaviour at the time.
Sexual harassment could be a one-off incident or a pattern of behaviour. It can happen in person, over the phone or online (including on social media).
As a staff member you can make an anonymous report of sexual assault, sexual harassment or sex-based harassment. This is set out in the Prevention and Response to Sexual Assault and Sexual Harassment Procedure.
If a report is made anonymously the University will not be able to provide direct support to the complainant as the report will not identify the individual completing the form.
If an anonymous report of sexual assault, sexual harassment or sex-based harassment is made to the University, the process followed will alter based on the circumstances, individuals involved (staff and/or students) and the legal obligations of the University.
The University will respond to disclosures and reports so as to prevent the risk of future harm for the complainant and other University community members.
While the University will be guided by the wishes of the complainant, it also has obligations under law. Support services will be provided, and the University's legal obligations clearly communicated to the complainant and respondent.
Each report will undergo an initial risk assessment. This assessment is to determine:
- If there are any support mechanisms or adjustments required to the complainants work/study
- If there is any immediate or serious threat to any person
- If the University may be required to provide information to a law enforcement agency or regulatory authorities
No matter how you make a report, you will be treated with respect and honesty by staff managing your report. If you make a report via phone or via the online reporting form, regarding yourself or another staff member, you may initially be triaged by our colleagues in Campus Care.
Campus Care will provide you with support for any immediate needs and then connect you with HR Services. Within HR Services we have a very small number of trained and trauma informed staff who are responsible for managing reports of sexual assault, sexual harassment and sex-based harassment.
You can expect that these staff will be able to provide you with guidance around accessing support, as well as what to expect from lodging a report.
If you have any questions about making a report from a HR perspective, you can always contact staffcare@newcastle.edu.au
The Prevention and Response to Sexual Assault and Sexual Harassment Policy and the Prevention and Response to Sexual Assault and Sexual Harassment Procedure are grounded in the principles of harm prevention and prioritising safety.
University staff receiving and assessing reports of sexual assault, sexual harassment and sex-based harassment will create and maintain appropriate and confidential records in accordance with the Records and Information Management Policy and the Privacy Management Plan.
The privacy and confidentiality of all parties to a report will be respected to the extent that the University determines this is practicable and appropriate. However, disclosure of information may be required to respond and manage reports effectively, monitor or report matters, and/or to satisfy regulatory and legal obligations.
The University may determine to review or investigate the circumstances of a report. In these circumstances, the University will try to respect the privacy of the complainant, to the extent this is practicable.
The law protects people against being treated badly because they have, exercise, or seek to exercise a workplace right, such as making a report about workplace sexual assault, sexual harassment or sex-based harassment.
The protections form part of the general protections jurisdiction and treating a person badly is called adverse action.
The University will not tolerate victimisation of individuals involved in reported incidents, those supporting those involved or those providing information about a report of sexual assault, sexual harassment or sex-based harassment.
If you believe you have been subjected to adverse action, please contact Human Resources via email: staffcare@newcastle.edu.au
As a manager or supervisor, you must actively work to prevent, spot, and eliminate any form of sexual assault, sexual harassment or sex-based harassment. You also have a legal responsibility to respond swiftly and appropriately to sexual harassment complaints.
When you are a leader, any indication of sexual assault, sexual harassment or sex-based harassment is to be considered a report and you are obligated to respond to all disclosures or reports of sexual assault, sexual harassment or sex-based harassment. You must contact Human Resources and seek advice on making a formal report and the process of investigation.
It is crucial when doing this, to understand the best approach to care for the people who have been affected by these incidents, this could be the victim/survivor or witnesses/bystanders. In line with this, as a leader, you should take a people-centred approach to disclosures or reports of workplace sexual assault, sexual harassment and/or sex-based harassment. This means placing people (victim/survivors or witnesses/bystanders) at the centre of any response. This includes listening to, empowering and supporting people who are impacted by sexual assault, sexual harassment or sex-based harassment.
Positive duty means taking proactive action to prevent the risk of harm to workers from workplace sexual harassment, rather than waiting for incidents or reports before taking action.
Organisations such as the University are required by law to manage reports of sexual assault, sexual harassment and sex-based harassment and this positive duty may mean that a response is required if you make a report.
For more information see Respect at Work: ‘Positive duties’ (pdf).
Reporting to the NSW police
NSW Police have detailed information about making a report and the processes involved on their website. The reporting process can be upsetting, so we encourage you to engage with support services before, during, or after contacting the NSW Police.
You can decide to provide information to NSW Police and request that the incident is NOT formally investigated. You can do this in person at a police station, or by completing a form call the Sexual Assault Reporting Option (SARO) which you can complete anonymously called the Sexual Assault Reporting Option (SARO) which you can complete anonymously if you choose.
You can decide to provide information to NSW Police and request the incident be formally investigated. This process will involve providing police with a statement and an offender may be arrested and charged. If the matter goes to court then you may be required to attend.
The University of Newcastle acknowledges the traditional custodians of the lands within our footprint areas: Awabakal, Darkinjung, Biripai, Worimi, Wonnarua, and Eora Nations. We also pay respect to the wisdom of our Elders past and present.