7.2 A Provider must require that a Student Accommodation Provider prepare, implement and publish on its website a Whole-of-Organisation Prevention and Response Plan that: 

(a) records the Student Accommodation Provider's Whole-of-Organisation approach to preventing and responding to Gender based Violence that prioritises the safety and support of Residents and Student Accommodation Staff;  

(b) addresses the factors that drive and contribute to Gender-based Violence, as well as any factors relevant to the Student Accommodation Provider’s context;   

(c) records how the Student Accommodation Provider will implement the requirements in paragraphs 7.2 to 7.8 of the Code; 

(d) includes a Whole-of-Organisation assessment that identifies systemic risks, enablers and barriers to preventing Gender based Violence; 

(e) includes actions that will be taken in response to findings of the assessment;  

(f) reflects the needs, experience and agency of all members of the Student Accommodation Provider’s community, particularly those members who are disproportionally affected by Gender based Violence, including women, First Nations people, culturally and linguistically diverse communities, people with disability and people of diverse sexual orientation and gender identity; and 

(g) is developed through engagement and collaboration with Residents and Student Accommodation Staff, including in its design and implementation, and including those who have experienced Gender based Violence. 

7.4 A Provider must have arrangements in place with a Student Accommodation Provider that: 

(a) in relation to Student Accommodation Staff, require the Student Accommodation Provider to: 

(i) ask Student Accommodation Staff to 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 similar positions, or during the course of any employment or engagement as a contractor, or otherwise in a legal process;  

(ii) consistently with the Student Accommodation Provider's duty of care, take into consideration any declaration made under paragraph 7.4(a)(i) and any risks arising from the declaration in determining the person's suitability for the position;  

(iii) take into consideration any substantiated allegation of Gender based Violence found by the Student Accommodation Provider in the course of the employment or engagement of Student Accommodation Staff, with respect to their promotion or recognition;  

(iv) require Student Accommodation Staff to declare any existing or previous intimate personal relationship with a Resident of the Student Accommodation Provider; and 

(v) where a declaration is made in accordance with paragraph 7.4(a)(iv), implement as necessary any conflict-of-interest or risk management plan that includes any necessary alternative arrangements;  

(b) in relation to Non-disclosure Agreements and Non-disparagement Clauses: 

(i) prohibit the use of a Non-disclosure Agreement, unless requested by the Discloser; 

(ii) if a Discloser requests the use of a Non Disclosure Agreement in relation to Gender based Violence, any such agreement with the Student Accommodation Provider must not stop the Discloser from sharing their experience for the purpose of seeking support and advice or the Student Accommodation Provider from complying with their reporting obligations under the Code; and  

(iii) any settlement terms agreed between the Discloser and the Student Accommodation Provider must not contain a Non-disparagement Clause that could have the effect of requiring the Discloser to keep their experience of Gender based Violence confidential; and  

(c) in relation to Policies and Procedures: 

(i) adopt the Provider's Policies and Procedures on preventing and responding to Gender-based Violence; or 

(ii) have and implement a Policy on preventing and responding to Gender-based Violence that applies to Residents and Student Accommodation Staff, that:  

A. provides information on the factors that drive and contribute to Gender-based Violence, as well as any factors relevant to the Student Accommodation Provider’s context;  

B. is Person centred and Trauma informed in its content and application;  

C. adopts the definition of Gender based Violence as defined in the Code;  

D. clearly states that Gender based Violence is unacceptable;  

E. includes information on available support services in relation to Gender-based Violence; 

F. complies with the applicable obligations under Standard 5, as applicable, as if every reference to Provider was a reference to Student Accommodation Provider; 

G. includes information on procedures in relation to a Disclosure or Formal Report of Gender-based Violence; and 

H. is publicly available, drafted in plain English and able to be translated into different languages; 

(iii) develop and review the Policy referred to at 7.4(c)(ii) at least every three years, following engagement and collaboration with:  

A. Residents;  

B. Student Accommodation Staff; 

C. those groups who are disproportionately affected by Gender based Violence, including women, First Nations people culturally and linguistically diverse communities, people with disability and people of diverse sexual orientation and gender identity;  

D. those who have experienced Gender based Violence; and  

E. subject matter experts on Gender based Violence; and 

(iv) enable the Provider, upon the Provider's request, to review the policies and/or procedures of the Student Accommodation Provider relating to Gender-based Violence and provide feedback for the purposes of ensuring compliance with this Standard 7. 

7.5 A Provider must have arrangements in place with a Student Accommodation Provider in relation to training and education, and prevention initiatives that: 

(a) require all Residents and Student Accommodation Staff to complete prevention and responding to Disclosures education and training, which is delivered or approved by the Provider, meets the requirements in Standard 3 and is tailored to the Student Accommodation environment; 

(b) require Student Accommodation Providers to promote and widely disseminate evidence-informed prevention communication and key messaging tailored to a Student Accommodation environment; and 

(c) require any prevention initiatives, including programs and campaigns, delivered by the Student Accommodation Provider to be evidence-based and evaluated, and evaluation findings must inform future prevention initiatives. 

7.6 A Provider must have arrangements in place with a Student Accommodation Provider to ensure that risk assessments are only undertaken by persons who have the expertise and experience in paragraph 3.14 of Standard 3. Where a Student Accommodation Provider does not have Staff with the necessary expertise and experience to conduct a risk assessment, the Student Accommodation Provider must engage a who has the necessary expertise and experience. 

7.7 A Provider must have arrangements in place with a Student Accommodation Provider that, in relation to Disclosures require the Student Accommodation Provider to: 

(a) ensure that its responses, practices and support services are safe, Person centred and consistent with a Trauma informed approach;  

(b) provide or facilitate access to support services to persons making Disclosures and/or Formal Reports and to Respondents, including explaining the available support services available, including supports relevant to educational outcomes;   

(c) actively promote and make widely available information about how Residents and Student Accommodation Staff can access policies and procedures and internal and/or external support services. This information must be accessible and publicly available, drafted in plain English and able to be translated into different languages; 

(d) undertake a risk assessment in response to all Disclosures and Formal Reports of Gender-based Violence and manage and monitor any identified risks on an ongoing basis; 

(e) in circumstances where a Disclosure relates to conduct that occurred in Student Accommodation or at an event organised by a Student Accommodation Provider: 

(i) take all necessary immediate action proportionate to the risk arising from the Disclosure to ensure the safety of the Discloser or other Residents or Student Accommodation Staff. This may include relocation of the Respondent to alternative accommodation and/or arranging available urgent support services for the Discloser and Respondent; 

(ii) enable a Discloser to elect that the Provider leads the response to the Disclosure, including supports, and any investigation and/or disciplinary process, and if the Discloser so elects, require the Student Accommodation Provider to:  

A. co-operate fully with the Provider in leading the response to the Disclosure, including information sharing; and 

B. implement any outcomes decided by the Provider; and 

(iii) in circumstances where a Discloser elects the Student Accommodation Provider to lead the response to the Disclosure: 

A. undertake a risk assessment within 48 hours of receiving the Disclosure or Formal Report or immediately when required: 

I. which must take into account and seriously consider the views of the Discloser; and 

II. to determine safety measures to be implemented to protect the safety of the Discloser and other Residents, including relocation of the Respondent to alternative accommodation; 

B. immediately implement any safety measures identified by the risk assessment;  

C. manage and monitor any identified risks; and 

D. provide information to the Provider about a Disclosure, including informing the Provider of the outcome of the risk assessment and for assistance with managing and monitoring any identified risks:  

I. with the consent of the Discloser; or  

II. where as a result of the risk assessment in paragraph 7.7(e)(iii)(A), it is reasonably necessary to provide that information to the Provider to protect the wellbeing and safety of Students and/or Student Accommodation Staff; or 

III. where such information is confined to the fact that a Disclosure has occurred and how that Disclosure is being managed by the Student Accommodation Provider consistently with the Code and the affiliation agreement, and is provided in a manner which does not and would not identify the Discloser.  

E. within 48 hours of a Disclosure or Formal Report develop and implement a support plan collaboratively with and as desired by the Discloser in accordance with the relevant requirements in Standard 4; and 

F. within 48 hours of a Disclosure or Formal Report, develop and implement a support plan collaboratively with and as desired by the Respondent in accordance with the relevant requirements in Standard 4.