Responsibilities for this principle include:

1.1. We are all accountable for our actions and failures to act

As members of the UNSW community, our behaviour and communication must comply with the law and this Code.  Where our behaviour and communication falls short, we will be held accountable.

We comply with reasonable requests, managerial direction and with UNSW policy documents.

All employees, affiliates and contractors/consultants have an overarching responsibility to act in the best interests of UNSW at all times when representing the university.

1.2. We take care for the health, safety and wellbeing of ourselves and others

We take reasonable care for the wellbeing, psychosocial and physical health and safety of ourselves and others.   We report health and safety hazards and concerns promptly. 

We comply with relevant health and safety laws and act to prevent/minimise, report and improve systems to eliminate or minimise (so far as is reasonably practicable) the frequency and duration of psychosocial and physical safety hazards, including in higher risk environments such as laboratories and workshops.

We do not attend work, studies or perform duties or functions for or on behalf of the University while impaired by substances such as drugs or alcohol.  We do not possess, use or bring prohibited or unlawful weapons or substances to UNSW campuses or events.

1.3. We foster a safe environment that is equitable, diverse and inclusive

UNSW fosters a safe, inclusive and respectful environment conducive to connection and the success of all peoples, including Indigenous peoples and our diverse communities. 

UNSW fosters a learning and working environment free from discrimination, harassment and vilification.

Students and staff are encouraged to understand how their cultural experiences impact upon their interactions and must display respect as they seek to understand each other’s perspectives.

Equity, diversity and inclusion are essential to UNSW’s success.  UNSW values diversity of thought, culture, gender, strengths and experience.  We believe that an equitable, accessible, inclusive and collaborative culture underpins the student experience, research and teaching excellence.  The UNSW Equity, Diversity and Inclusion Policy further articulates our commitments.

1.4. We speak up and build an active bystander culture

UNSW supports those who wish to speak up.  If you observe or learn of something that does not align with this Code or the law, you are encouraged to report it. 

We speak up, where it is safe to do so:

• on matters relating to ourselves and
• as a bystander, to respectfully call out inappropriate or unsafe behaviour or communication that impacts members of the UNSW community. 

Your voice matters.  All members of the UNSW community listen actively and respond respectfully (without victimisation) to concerns, regardless of the seniority of the person who raises them, or who the concern is about.

If you are not comfortable to speak directly with the person/s concerned, we encourage you to Speak Up and make a report.  UNSW supports a safe learning, research and work environment and we encourage people to be respectful when raising concerns.

1.5. We support one another

At times, complex experiences can be challenging to navigate.  We care for individuals and their wellbeing, and we encourage you to seek support including if you have:

• been affected by a breach of this Code or
• reported a matter relating to your peers or colleagues or
• are otherwise involved in a University process or investigation.

Responsibilities for this principle include:

2.1. We agree to clear boundaries for respectful interaction

2.1.1. There is no place for bullying

All people are treated with dignity as expressed in UNSW policy documents.  We are reasonable in our expectations of others and, so far as is reasonably practicable, protect the health and safety of ourselves and others. 

2.1.2. There is no place for harassment

We do not intimidate or humiliate people and we comply with UNSW policy documents.  We intervene early to prevent incidents of harassment from happening and reoccurring. 

2.1.3. There is no place for unlawful discrimination

We promote equal opportunity between all people and take active and reasonable steps to maximise access to all opportunities including education, scholarships, work-integrated learning, practicums and work.

We do not engage in unlawful discrimination, harassment, racism or vilification.  We are committed to preventing discrimination, harassment, racism and vilification in practices, policies and ideas.  We embrace and support the rich perspectives and excellence that all kinds of diversity including cultural, linguistic and religious diversity brings to our community, including student and staff experiences, cultural immersion and development.  We do not incite or tolerate hatred or contempt towards any person because of their cultural or religious belief.

Education, research, work, residential and social environments are free of discrimination on the grounds of sex, and we are inclusive of members of LGBTIQA+ communities.  We support a safe learning and work environment for students and research supervisors.  The Principles for Respectful Supervisory Relationships form part of this Code.  A breach of the Principles for Respectful Supervisory Relationships forms a breach of this Code of Conduct and Values.

We expect gender equity and we have a positive duty to act and eliminate sex discrimination, sexual harassment and victimisation as far as possible.

2.1.4. There is no place for violence including gendered violence

We are all accountable for ensuring (so far as is reasonably practicable) learning, research, work and social environments are protected from violence, including physical harm, verbal abuse and gendered violence.

We seek to prevent and reject gendered violence in the UNSW community.  We respond appropriately with a trauma informed approach to reports of gendered violence.

2.1.5. There is no place for victimisation and retaliation

We do not treat people unfairly or engage in retaliatory action because a person has chosen to speak up, make a complaint or raised concern about discrimination or harassment.

2.1.6. There is no place for child exploitation, harassment, neglect or abuse

We are committed to the safety, protection and wellbeing of children involved in UNSW activities.  Children must be treated with respect and we adhere to UNSW policy documents. 

2.1.7. There is no place for modern slavery

We respect and protect human rights by implementing practices to identify and mitigate risks of modern slavery in our supply chains and operations.  We perform due diligence to respond to modern slavery risks, especially where we conduct research or engage research services, invest funds, and manage facilities and contracts.

2.1.8. There is no place for foreign interference

We do not accept foreign interference in our UNSW community and we report any reasonably suspected interference via the National Security Hotline.

2.2. We communicate openly and respectfully

We seek to create high quality learning, research and work environments to improve student experience, promote educational excellence, advance research quality and achieve impact.

• We are inclusive, responsive and collaborative
• We activate and support respectful and vigorous debate
• We engage in critical thought and open discussion, including with respect to controversial ideas within the law and this Code
• We create space for exploring and debating changing perspectives
• We demonstrate respectful disagreement or feedback, expecting that we may be asked to explain or give evidence for our views
• We accept differences amongst each other – both seen and unseen
• We permit others to express disagreement without fear of reprisal
• We engage in respectful and inclusive conversations and debates; appreciation and critique.

We demonstrate respect by not behaving in a way that significantly disrupts or interferes with learning, research and other business activities.

2.3. We practice and protect academic freedom, freedom of speech and freedom of expression

The UNSW community must comply with the Model Code for the Protection of Freedom of Speech and Academic Freedom in Australian Higher Education Providers (Model Code) that forms part of this Code.

We welcome speakers and visitors of all backgrounds, religions and beliefs at UNSW in accordance with the Model Code.

Freedom of speech and academic freedom is a defining value exercised by the UNSW community, restricted only by the law and the Model Code. Where there is a conflict between the Model Code and the other parts of this Code, the Model Code will prevail.

Responsibilities for this principle include:

3.1. We respect intellectual property including moral rights

The ownership and management of Intellectual Property including copyright is outlined in policy documents.  We act lawfully in respecting the Intellectual Property rights, including copyright, of others in teaching, learning, research and work, including in virtual spaces and systems arranged or facilitated by UNSW, and when using UNSW technology assets. We ensure accurate attribution, respecting the moral rights of others in teaching, learning, research, and work.  

3.2. We are accurate, transparent and operate with integrity when we conduct or communicate our studies, research, work and identity

We observe academic and research integrity and our research methodologies are rigorous.  We accurately record and report data and research findings. 

We give appropriate credit for the work of others, including authorship to all significant contributors in our collaborative studies and research.  We do not engage in gift authorship.  We correctly cite and reference academic and research outputs of ourselves and others.  We do not plagiarise or fabricate research, academic work or applications.  We use and acknowledge the use of artificial intelligence appropriately.

We are honest and truthful when we write, edit and submit content including assessments, research, identity documents, enrolment related information, and applications for or related to study, employment or funding.  We do not falsify or misrepresent our own or other people’s research, work, communications, actions or identity.  We do not collude, ghost write or engage in any form of cheating. 

We behave ethically and with integrity, avoiding any action or behaviour that would unfairly advantage or disadvantage either ourselves or another person.  We are honest about our identity and do not share our University login credentials with others.

Students accept and follow the instructions required for each individual task or assessment, including guidelines set by the course or program regarding any use of artificial intelligence. 

3.3. We conduct research responsibly and with integrity

We conduct and manage research in compliance with legislation and industry regulations, codes, principles, guides and resources.  We adhere to the principles and responsibilities as set out in the Australian Code for the Responsible Conduct of Research and we adopt the following guides as amended from time to time:

• Authorship
• Collaborative research
• Disclosure of interests and management of conflicts of interest
• Management of data and information in research
• Peer review
• Publication and dissemination of research
• Supervision and
• Research integrity advisors.

Departures from the standards of conduct outlined in the Australian Code for the Responsible Conduct of Research and adopted guides may constitute a breach of that Code and this Code of Conduct and Values.

3.4. We conduct research ethically and with appropriate approvals

In accordance with the Australian Code for the Responsible Conduct of Research, we ensure that appropriate approvals, licenses, permits and agreements are obtained before the commencement of research, and that they are adhered to during the conduct and dissemination of research.  We comply with legislation, codes and requirements published by UNSW Research Ethics and Compliance including:

• the AIATSIS Code of Ethics for Aboriginal and Torres Strait Islander Research
• the National Statement on Ethical Conduct in Human Research
• the Australian Code for the Care and Use of Animals for Scientific Purposes
• the Animal Research Act
• Biosecurity Act
• Biosecurity Regulation
• Protection from Harmful Radiation Regulation
• Research Export Controls Procedure and
• Remotely Piloted Aircraft Systems Procedure.

3.5. We minimise risk of harm when conducting research

We respect the safety and privacy of research participants, and the impact of research on the wider community and the environment.  We ensure that respect underpins all decisions and actions related to the care and use of animals in research.

We apply ethical principles of research merit and integrity, justice and respect in the conduct of all research and research exports.  We treat human research participants and communities engaged with research with care and respect, giving appropriate consideration to identify the needs of people from diverse or vulnerable backgrounds.  The welfare of research participants is monitored in all research studies and trials.

We adhere to Indigenous data sovereignty and governance.

We use research materials responsibly.  

Responsibilities for this principle include:

4.1. We use and care for all UNSW and third-party resources responsibly and respectfully

We use UNSW technology for educational, research and business purposes in accordance with UNSW policy documents.

We are responsible and respectful online.  We carefully manage our UNSW digital footprint.  We do not impersonate or misrepresent another person.  We keep our login details safe and secure and we must not disclose passwords to anyone else. 

We carefully manage our access credentials including ID cards and restricted keys, we do not share them with others and we report any mislaid, lost or stolen access credentials immediately.

We are mindful that resources are shared and used appropriately by all members of the UNSW community.  We acknowledge that there are consequences for misuse or damage of:

• buildings, equipment and grounds
• the library and the UNSW Library collection
• UNSW and third-party intellectual property, copyright and moral rights in student works, teaching materials, research outputs and information
• UNSW owned, operated and affiliated residential colleges
• technology assets
• the UNSW art collection and
• off-campus venues in diverse contexts, including clinical or work placements, fieldwork, practicums and work-integrated learning. 

We do not use UNSW resources, name or crest for private gain, the gain of a third party, private business, spinout or commercial purposes, without prior written permission.

We do not use University facilities or resources for purposes other than that for which they are intended to be used. This includes, for example, not following instructions for using equipment safely, or sleeping overnight on University grounds (unless it is in designated accommodation).

We are a publicly funded organisation and manage UNSW finances responsibly in accordance with our statutory and contractual responsibilities and UNSW policy documents.

4.2. We maintain independence and accurately disclose and manage conflicts of interest and commitments

Where we have an actual, perceived or potential conflict of interest (whether in relation to disciplinary, professional, commercial or personal matters), are involved in outside work (as an academic or professional staff member), or accept gifts and benefits, these are fully disclosed and managed in accordance with UNSW policy documents. 

4.3. We prevent, detect, report and respond to serious wrongdoing and fraud and corruption risks

We do not engage in serious wrongdoing[1].  We are responsible for reporting suspected serious wrongdoing and acknowledge that specific legal protections apply to us when we report or assist in a serious wrongdoing investigation.

We speak up against corruption which can include fraud, theft, bribery, unreasonably influencing others, acting dishonestly or unethically in a way that constitutes or involves a breach of public trust, and the misuse of intellectual property, resources, information technology, materials and information.

We identify, manage, report and mitigate corruption risks through systems and processes.[2]

4.4. We maintain the University’s positive reputation and good standing

As representatives of UNSW, we conduct ourselves in a way that maintains and does not diminish public trust in the University’s reputation and good standing.  This includes behaving in a manner in compliance with this Code, while engaged by or representing UNSW in any capacity.

4.5. We respect privacy and confidentiality

We manage information, data and records in accordance with legislation and UNSW policy documents.

We ensure lawful protection of individuals’ privacy and maintain confidentiality of information.  We provide reasonable access to records held about you.  We are responsible and accountable to identify, assess, manage and respond to a breach of UNSW-held data.  We take reasonable precautions to prevent unauthorised use or disclosure of confidential or personal information and research data.

[1] Serious wrongdoing means one or more of the following: (1) Corrupt Conduct, (2) a government information contravention, (3) a local government pecuniary interest contravention, (4) Serious Maladministration, (5) a privacy contravention, and (6) a serious and substantial waste of public money.

[2] The University provides a fraud and corruption control ecosystem including cyber security, employment screening, financial audits and anti-bribery systems to prevent, detect and respond to fraud and corruption risks.

Responsibilities for this principle include:

5.1. Our work aligns with the principles and responsibilities of this Code and our legal obligations

The UNSW community complies with:

• all relevant Commonwealth and State laws including specific legislative obligations and standards for tertiary education providers
• this Code and UNSW policy documents
• if you are an employee, the Academic Staff and/or Professional Staff Enterprise Agreements and your employment contract
• managerial directions
• directions of security and emergency responders during incidents and emergencies
• if you are a student, conditions of enrolment and
• if you are a student or employee, eligibility requirements for admission to the University.

We all:

• keep our contact details entered in myUNSW current at all times
• in a timely manner read and, if required, respond to all communications sent by UNSW to our UNSW email address or via Moodle, Microsoft Teams or other university recognised forms of communication during normal work hours
• correctly identify ourselves and produce our student card/staff access card and other forms of photo identification upon request
• complete all mandatory training in a timely manner.

We will engage in regular communications regarding the requirements of this Code.

Breaches of this Code will be managed by the University in accordance with relevant policies and procedures, including:

• Alleged breaches of this Code will be managed in accordance with the definitions, responsibilities and processes outlined in the Complaints Management and Investigations Policy and Procedure. 
• Management of allegations of misconduct and serious misconduct by employees is also detailed in the University’s Enterprise Agreements.
• Reports of serious wrongdoing are managed in accordance with the Public Interests Disclosure (Whistleblowing) Policy and Procedure.
• Reports of plagiarism will be managed in accordance with the Plagiarism Management Procedure.

UNSW has the responsibility to report certain breaches including suspected breaches of this Code to external agencies.

If an individual is unsure about their obligations in any circumstance or situation, they should seek guidance before taking any action.  

(by former High Court Chief Justice the Hon Robert French AC, as modified and adopted by the University Chancellors Council, June 2019)

Objects 

The objects of the Code are: 

(1)    To ensure that the freedom of lawful speech of staff and students of the university and visitors to the university is treated as a paramount value and therefore is not restricted nor its exercise unnecessarily burdened by restrictions or burdens other than those imposed by law and set out in the Principles of the Code. 

(2)    To ensure that academic freedom is treated as a defining value by the university and therefore not restricted nor its exercise unnecessarily burdened by restrictions or burdens other than those imposed by law and set out in the Principles of the Code. 

(3)    To affirm the importance of the university’s institutional autonomy under law in the regulation of its affairs, including in the protection of freedom of speech and academic freedom. 

Application 

(1)    The Code applies to the governing body of the university, its officers and employees and its decision-making organs, including those involved in academic governance. 

(2)    The Code also applies to student representative bodies to the extent that they have policies and rules which are capable of being applied to restrict or burden the freedom of speech of anyone, or academic freedom. 

Definitions 

‘academic freedom’ for the purposes of this Code comprises the following elements: 

• the freedom of academic staff to teach, discuss, and research and to disseminate and publish the results of their research; 
• the freedom of academic staff and students to engage in intellectual inquiry, to express their opinions and beliefs, and to contribute to public debate, in relation to their subjects of study and research; 
• the freedom of academic staff and students to express their opinions in relation to the higher education provider in which they work or are enrolled;
• the freedom of academic staff to participate in professional or representative academic bodies;
• the freedom of students to participate in student societies and associations. 
• the autonomy of the higher education provider in relation to the choice of academic courses and offerings, the ways in which they are taught and the choices of research activities and the ways in which they are conducted. 

‘academic staff’ all those who are employed by the university to teach and/or carry out research and extends to those who provide, whether on an honorary basis or otherwise, teaching services and/or conduct research at the university. 

‘external visiting speaker’ any person who is not an invited visiting speaker and for whom permission is sought to speak on the university’s land or facilities. 

‘imposed by law’ in relation to restrictions or burdens or conditions on a freedom include restrictions or burdens or conditions imposed by statute law, the common law (including the law of defamation), duties of confidentiality, restrictions deriving from intellectual property law and restrictions imposed by contract. 

‘invited visiting speaker’ any person who has been invited by the university to speak on the university’s land or facilities.  For the purposes of this definition, ‘the university’ includes its decision- making organs and officers; its student representative bodies, undergraduate and post-graduate; any clubs, societies and associations recognized by its decision-making organs or student representative bodies; and any entities controlled by the university. 

‘non-statutory policies and rules’ means any non-statutory policies, rules, guidelines, principles, codes or charters or similar instruments. 

‘speech’ extends to all forms of expressive conduct including oral speech and written, artistic, musical and performing works and activity and communication using social media; the word ‘speak’ has a corresponding meaning. 

‘staff’ for the purposes of this Code ‘staff’ includes all employees of the university whether fulltime or part-time and whether or not academic staff. 

‘the duty to foster the wellbeing of staff and students’; 

• includes the duty to ensure that no member of staff and no student suffers unfair disadvantage or unfair adverse discrimination on any basis recognised at law including race, gender, sexuality, religion and political belief; 
• includes the duty to ensure that no member of staff and no student is subject to threatening or intimidating behaviour by another person or persons on account of anything they have said or proposed to say in exercising their freedom of speech; 
• supports reasonable and proportionate measures to prevent any person from using lawful speech which a reasonable person would regard, in the circumstances, as likely to humiliate or intimidate other persons and which is intended to have either or both of those effects; 
• does not extend to a duty to protect any person from feeling offended or shocked or insulted by the lawful speech of another. 

‘unlawful’ means in contravention of a prohibition or restriction or condition imposed by law. 

Operation 

(1)    The university shall have regard to the Principles of this Code in the drafting, review or amendment of any non-statutory policies or rules and in the drafting, review or amendment of delegated legislation pursuant to any delegated law-making powers. 

(2)    Non-statutory policies and rules of the university shall be interpreted and applied, so far as is reasonably practicable, in accordance with the Principles of this Code. 

(3)    Any power or discretion under a non-statutory policy or rule of the university shall be exercised in accordance with the Principles in this Code. 

(4)    This Code prevails, to the extent of any inconsistency, over any non-statutory policy or rules of the university. 

(5)    Any power or discretion conferred on the university by a law made by the university in the exercise of its delegated law-making powers shall be exercised, so far as that law allows, in accordance with the Principles of this Code. 

(6)    Any power or discretion conferred on the university under any contract or workplace agreement shall be exercised, so far as it is consistent with the terms of that contact or workplace agreement, in accordance with the Principles of this Code. 

Principles of the Code 

(1)    Every member of the staff and every student at the university enjoys freedom of speech exercised on university land or in connection with the university subject only to restraints or burdens imposed by: 

• law;
• the reasonable and proportionate regulation of conduct necessary to the discharge of the university’s teaching and research activities; 
• the right and freedom of others to express themselves and to hear and receive information and opinions; 
• the reasonable and proportionate regulation of conduct to enable the university to fulfil its duty to foster the wellbeing of students and staff;
• the reasonable and proportionate regulation of conduct necessary to enable the university to give effect to its legal duties including its duties to visitors to the university. 

(2)    Subject to reasonable and proportionate regulation of the kind referred to in the previous Principle, a person’s lawful speech on the university’s land or in or in connection with a university activity shall not constitute misconduct nor attract any penalty or other adverse action by reference only to its content; nor shall the freedom of academic staff to make lawful public comment on any issue in their personal capacities be subject to constraint imposed by reason of their employment by the university. 

(3)    Every member of the academic staff and every student enjoys academic freedom subject only to prohibitions, restrictions or conditions: 

• imposed by law; 
• imposed by the reasonable and proportionate regulation necessary to the discharge of the university’s teaching and research activities; 
• imposed by the reasonable and proportionate regulation necessary to discharge the university’s duty to foster the wellbeing of students and staff; 
• imposed by the reasonable and proportionate regulation to enable the university to give effect to its legal duties; 
• imposed by the university by way of its reasonable requirements as to the courses to be delivered and the content and means of their delivery. 

(4)    The exercise by a member of the academic staff or of a student of academic freedom, subject to the above limitations, shall not constitute misconduct nor attract any penalty or other adverse action. 

(5)    In entering into affiliation, collaborative or contractual arrangements with third parties and in accepting donations from third parties subject to conditions, the university shall take all reasonable steps to minimise the restrictions or burdens imposed by such arrangements or conditions on the freedom of speech or academic freedom of any member of the academic staff or students carrying on research or study under such arrangements or subject to such conditions. 

(6)    The university has the right and responsibility to determine the terms and conditions upon which it shall permit external visiting speakers and invited visiting speakers to speak on university land and use university facilities and in so doing may: 

(a)     require the person or persons organising the event to comply with the university’s booking procedures and to provide information relevant to the conduct of any event, and any public safety and security issues; 

(b)     distinguish between invited visiting speakers and external visiting speakers in framing any such requirements and conditions; 

(c)     refuse permission to any invited visiting speaker or external visiting speaker to speak on university land or at university facilities where the content of the speech is or is likely to: 

(i)      be unlawful; or 

(ii)     prejudice the fulfilment by the university of its duty to foster the wellbeing of staff and students;

(d)     refuse permission to any external visiting speaker to speak on university land or at university facilities where the content of the speech is or is likely to involve the advancement of theories or propositions which purport to be based on scholarship or research but which fall below scholarly standards to such an extent as to be detrimental to the university’s character as an institution of higher learning. 

(e)     require a person or persons seeking permission for the use of university land or facilities for any external visiting speaker to contribute in whole or in part to the cost of providing security and other measures in the interests of public safety and order in connection with the event at which the external visiting speaker is to speak. 

(7)    Subject to the preceding Principles the university shall not refuse permission for the use of its land or facilities by an external visiting speaker or invited visiting speaker nor attach conditions to its permission, solely on the basis of the content of the proposed speech by the visitor. 

(8)    Consistently with this Code the university may take reasonable and proportionate steps to ensure that all prospective students in any of its courses have an opportunity to be fully informed of the content of those courses.  Academic staff must comply with any policies and rules supportive of the university’s duty to foster the wellbeing of staff and students.  They are not precluded from including content solely on the ground that it may offend or shock any student or class of students.