Working with vulnerable persons

19. Vulnerable Persons, Police Checks and Criminal Offences

19.1 This clause 19 applies if the Activity or any part of the Activity involves working with or contact with Vulnerable Persons.
19.2 Before engaging or deploying any Person (whether as an officer, employee, contractor, or volunteer) in relation to any part of the Activity, you must:

1. conduct a Police Check for that Person or where relevant, confirm a similar check by appropriate authorities has occurred;
2. confirm that no Commonwealth, State or Territory law prohibits that Person from being engaged in a capacity where they may have contact with Vulnerable Persons; and
3. comply with all other legal requirements of the place where the Activity, or part of the Activity, is being conducted in relation to engaging or deploying persons in a capacity where they may have contact with Vulnerable Persons.

19.3 You agree:

1. if a Police Check or other relevant check by authorities indicates that a Person has a Serious Record, or a Criminal or Court Record, not to engage, deploy or redeploy the Person unless you have conducted and documented a risk assessment of that Person;
2. within 24 hours of becoming aware of a Person being charged or convicted of any Serious Offence or Other Offence, to conduct and document a risk assessment in accordance with clauses 19.4 to 19.5 to determine whether to allow that Person to continue  performing the Activity or any part of the Activity; and
3. to document the actions you will take as a result of conducting the risk assessment.

19.4 You will be wholly responsible for conducting any risk assessment, assessing its outcome and deciding to engage, deploy or redeploy a Person with a Serious Record, Criminal or Court Record, to work on any Activity, or any part of an Activity.
19.5 In undertaking your risk assessment under clauses 19.2 to 19.3 you agree to take into account the following factors:

1. whether the Person’s Serious Record, Criminal or Court Record is directly relevant to the role the Person will or is likely to perform in relation to the Activity or any part of the Activity;
2. the length of time that has passed since the Person’s conviction and the Person’s record since that time;
3. the nature of the offence pertaining to the Serious Record, Criminal or Court Record and the circumstances in which it occurred;
4. whether the offence involved Vulnerable Persons;
5. the nature of the Activity and the circumstances in which the Person will or is likely to have contact with Vulnerable Persons;
6. the particular role the Person is proposed to undertake or is currently undertaking in relation to the Activity and whether the fact the Person has a Serious Record, Criminal or Court Record is reasonably likely to impair the Person’s ability to perform or continue to perform the inherent requirements of that role; and
7. the Person’s suitability based on their merit, experience and references to perform the role they are proposed to undertake or are currently undertaking in relation to the Activity or any part of the Activity.

19.6 After taking into account the factors set out in clause 19.5, you agree to then determine whether it is reasonably necessary to:

1.   not engage, deploy or redeploy the Person in relation to the Activity or any part of the Activity; or
2.   remove the Person from working in any position or acting in any capacity in relation to the Activity or any part of the Activity which involves working or having contact with Vulnerable Persons; or
3.   make particular arrangements or impose conditions under which the Person’s role  in relation to the Activity or any part of the Activity and, where relevant, contact with Vulnerable Persons is to occur; or
4.   take steps to protect the physical, psychological or emotional wellbeing of the Vulnerable Persons to whom the Activity relates.

19.7 If we require you must promptly provide evidence, in a form we require, that you have complied with the requirements of this clause 19.
19.8 You agree to reflect your obligations under clause 19 in all subcontracts you enter into in relation to the Activity or part of the Activity.
19.9 In this clause 19:

1. “Child” means an individual under the age of 18;
2. “Criminal or Court Record” means any record of any Other Offence;
3. “Other Offence” means a conviction, finding of guilt, on-the-spot fine for, or court order relating to:
   1. an apprehended violence or protection order made against the Person; or
   2. one or more traffic offences involving speeding more than 30 kilometres over the speed limit, injury to a person or damage to property; or
   3. a crime or offence involving the consumption, dealing in, possession or handling of alcohol, a prohibited drug, narcotic or other prohibited substance;
   4. a crime or offence involving violence against or the injury, but excluding the death of a person; or
   5. a minor crime or offence involving dishonesty, other than those crimes or offences referred to in paragraph (c) of this clause.
4.  “Person” means each of your officers, employees, contractors and volunteers;
5. “Police Check” means a formal inquiry made to the relevant police authority in each Australian State or Territory where you know the Person has resided, designed to obtain details of the Person’s criminal conviction or a finding of guilt in all places (within and outside Australia).
6. “Serious Record” means a conviction or any finding of guilt for a Serious Offence;
7. “Serious Offence” means:
   1. a crime or offence involving the death of a person;
   2. a sex-related offence or a crime, including sexual assault (whether against an adult or Child); Child pornography, or an indecent act involving a Child;
   3. a crime or offence involving dishonesty that is not minor;
   4. fraud, money laundering, insider dealing or any other financial offence or crime, including those under legislation relating to companies, banking, insurance or other financial services.
8. “Vulnerable Person” means:
   1. a Child; or
   2. an individual aged 18 years and above who is or may be unable to take care of themselves, or is unable to protect themselves against harm or exploitation by reason of age, illness, trauma or disability, or any other reason.