Common use of Vulnerable Persons Clause in Contracts

Vulnerable Persons. If any part of the Project requires contact with Vulnerable Persons, before engaging or deploying any person in relation to any part of the Project you must: i) conduct a formal police check in each State or Territory where the Enterprise knows the person has resided; ii) confirm that no State or Territory law prohibits that person from being engaged in a capacity where they may have contact with Vulnerable Persons; and iii) comply with all other legal requirements of the place where the activity is being conducted in relation to engaging or deploying Vulnerable Persons. A police check is not required where a current Working with Children (NSW) check or equivalent check in another jurisdiction is current. A risk assessment must be performed by the Enterprise if the relevant checks indicate that a person has a conviction or any finding of guilt for a Serious Offence or any record of any Other Offence before you engage, deploy or redeploy that person. Within 24 hours of becoming aware of a person being charged or convicted of a Serious Offence or Other Offence, the Enterprise must conduct and document a risk assessment to determine whether to continue to allow that person to perform that part of the Project. In undertaking such a risk assessment you agree to take into account: i) the direct relevance the conviction, finding or record has to performing the role; ii) the length of time passed since conviction and the person's record since that time; iii) the nature of the offence and the circumstances in which it occurred; iv) whether the offence involved Vulnerable Persons; v) the nature of the relevant part of the Project and the circumstance that the person will have contact with Vulnerable Persons; vi) the particular role the Person is proposed to undertake or is currently undertaking in relation to the Project and whether the fact the person has the conviction, finding or record is reasonably likely to impair the person's ability to perform or continue to perform the inherent requirements of that role; and vii) suitability of the Person based on their merit, experience and references in that role. A Vulnerable Person is a child, or an individual over the age of 18 who is or may be unable to protect themselves, or is unable to protect themselves against harm or exploitation by reason of age, illness, trauma or disability, or any other reason. A Serious Offence means: i) a crime or offence involving the death of a person; or ii) a sex-related offence or crime, including sexual assault (whether against an adult or child); child pornography, or an indecent act involving a child; or iii) a crime or offence involving dishonesty that is not minor; or iv) 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. An Other Offence means a conviction, finding of guilt, on-the-spot fine for, or court order relating to: i) apprehended violence or protection order made against the Person; or ii) one or more traffic offences involving speeding more than 30 kilometres over the speed limit, injury to a person or damage to property; or iii) a crime or offence involving the consumption, dealing in, possession or handling of alcohol, a prohibited drug, narcotic or other prohibited substance; or iv) a crime or offence involving violence against or the injury, but excluding the death of a person; or v) a minor crime or offence involving dishonesty, other than those crimes or offences referred to above. If IIA requires, you must provide IIA with evidence that you have complied with these requirements. These requirements also apply to subcontractors to which the Enterprise engages.

Vulnerable Persons. If 3.1 Before any person commences performing work on any part of the Project requires Activity that involves working or contact with a Vulnerable PersonsPerson, before engaging or deploying any person in relation to any part of the Project you Grantee must: i(a) conduct obtain a formal police check in each State or Territory where the Enterprise knows the person has residedPolice Check for that person; ii(b) confirm that no State or Territory the person is not prohibited by any law prohibits that person from being engaged in a capacity where they may have contact with a Vulnerable Persons; andPerson; iii(c) comply with all other legal requirements State, Territory or Commonwealth laws relating the employment or engagement of persons in any capacity where they may have contact with a Vulnerable Person; and (d) ensure that the person holds all licences or permits for the capacity in which they are to be engaged, including any specified in the Grant Details, and the Grantee must ensure that Police Checks and any licences or permits obtained in accordance with this clause 2 remain current for the duration of their involvement in the Activity. 3.2 The Grantee must ensure that a person does not perform work on any part of the place where Activity that involves working or contact with a Vulnerable Person if a Police Check indicates that the activity person at any time has: (a) a Serious Record; or (b) a Criminal or Court Record; and the Grantee has not conducted a risk assessment and determined that any risk is being conducted acceptable. 3.3 In undertaking a risk assessment under clause CB7.4, the Grantee must have regard to: (a) the nature and circumstances of the offence(s) on the person’s Criminal or Court Record and whether the charge or conviction involved Vulnerable Persons; (b) whether the person’s Criminal or Court Record is directly relevant to, or reasonably likely to impair the person’s ability to perform, the role that the person will, or is likely to, perform in relation to engaging the Activity; (c) the length of time that has passed since the person’s charge or deploying conviction and his or her record since that time; (d) the circumstances in which the person will, or is likely to, have contact with a Vulnerable Persons. A police check is not required where a current Working with Children Person as part of the Activity; and (NSWe) check or equivalent check in another jurisdiction is current. A any other relevant matter, and must ensure it fully documents the conduct and outcome of the risk assessment. 3.4 The Grantee agrees to notify the Commonwealth of any risk assessment must be performed by it conducts under this clause and agrees to provide the Enterprise if Commonwealth with copies of any relevant documentation on request. 3.5 If during the relevant checks indicate that term a person has involved in performing work on any part of the Activity that involves working or contact with a conviction or any finding of guilt for a Serious Offence or any record of any Other Offence before you engage, deploy or redeploy that person. Within 24 hours of becoming aware of a person being Vulnerable Person is: (a) charged or convicted of with a Serious Offence or Other Offence, the Enterprise Grantee must conduct immediately notify the Commonwealth; or (b) convicted of a Serious Offence, the Grantee must immediately notify the Commonwealth and document a risk assessment to determine whether to continue to allow ensure that that person to perform that part does not, from the date of the Project. In undertaking such a risk assessment you agree to take into account: i) the direct relevance the conviction, finding perform any work or record has to performing the role; ii) the length of time passed since conviction and the person's record since that time; iii) the nature of the offence and the circumstances in which it occurred; iv) whether the offence involved Vulnerable Persons; v) the nature of the relevant part of the Project and the circumstance that the person will have contact with Vulnerable Persons; vi) the particular role the Person is proposed to undertake or is currently undertaking in relation relating to the Project and whether the fact the person has the conviction, finding or record is reasonably likely to impair the person's ability to perform or continue to perform the inherent requirements of that role; and vii) suitability of the Person based on their merit, experience and references in that role. A Vulnerable Person is a child, or an individual over the age of 18 who is or may be unable to protect themselves, or is unable to protect themselves against harm or exploitation by reason of age, illness, trauma or disability, or any other reason. A Serious Offence means: i) a crime or offence involving the death of a person; or ii) a sex-related offence or crime, including sexual assault (whether against an adult or child); child pornography, or an indecent act involving a child; or iii) a crime or offence involving dishonesty that is not minor; or iv) 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. An Other Offence means a conviction, finding of guilt, on-the-spot fine for, or court order relating to: i) apprehended violence or protection order made against the Person; or ii) one or more traffic offences involving speeding more than 30 kilometres over the speed limit, injury to a person or damage to property; or iii) a crime or offence involving the consumption, dealing in, possession or handling of alcohol, a prohibited drug, narcotic or other prohibited substance; or iv) a crime or offence involving violence against or the injury, but excluding the death of a person; or v) a minor crime or offence involving dishonesty, other than those crimes or offences referred to above. If IIA requires, you must provide IIA with evidence that you have complied with these requirements. These requirements also apply to subcontractors to which the Enterprise engagesActivity.

Vulnerable Persons. If 3.1 Before any person commences performing work on any part of the Project requires Activity that involves working or contact with a Vulnerable PersonsPerson, before engaging or deploying any person in relation to any part of the Project you Grantee must: ia) conduct obtain a formal police check in each State or Territory where the Enterprise knows the person has residedPolice Check for that person; iib) confirm that no State or Territory the person is not prohibited by any law prohibits that person from being engaged in a capacity where they may have contact with a Vulnerable Persons; andPerson; iiic) comply with all other legal requirements State, Territory or Commonwealth laws relating the employment or engagement of persons in any capacity where they may have contact with a Vulnerable Person; and d) ensure that the person holds all licences or permits for the capacity in which they are to be engaged, including any specified in the Grant Detail, and the Grantee must ensure that Police Checks and any licences or permits obtained in accordance with this clause 3 remain current for the duration of their involvement in the Activity. 3.2 The Grantee must ensure that a person does not perform work on any part of the place where Activity that involves working or contact with a Vulnerable Person if a Police Check indicates that the activity person at any time has: a) a Serious Record; or b) a Criminal or Court Record and the Grantee has not conducted a risk assessment and determined that any risk is being conducted acceptable. 3.3 In undertaking a risk assessment under clause 3.4, the Grantee must have regard to: a) the nature and circumstances of the offence(s) on the person’s Criminal or Court Record and whether the charge or conviction involved Vulnerable Persons; b) whether the person’s Criminal or Court Record is directly relevant to, or reasonably likely to impair the person’s ability to perform, the role that the person will, or is likely to, perform in relation to engaging the Activity; c) the length of time that has passed since the person’s charge or deploying conviction and his or her record since that time; d) the circumstances in which the person will, or is likely to, have contact with a Vulnerable Persons. A police check is not required where a current Working with Children (NSWPerson as part of the Activity; and e) check or equivalent check in another jurisdiction is current. A any other relevant matter, and must ensure it fully documents the conduct and outcome of the risk assessment. 3.4 The Grantee agrees to notify the Commonwealth of any risk assessment must be performed by it conducts under this clause and agrees to provide the Enterprise if Commonwealth with copies of any relevant documentation on request. 3.5 If during the relevant checks indicate that term a person has involved in performing work on any part of the Activity that involves working or contact with a conviction or any finding of guilt for a Serious Offence or any record of any Other Offence before you engage, deploy or redeploy that person. Within 24 hours of becoming aware of a person being Vulnerable Person is: a) charged or convicted of with a Serious Offence or Other Offence, the Enterprise Grantee must conduct immediately notify the Commonwealth; or b) convicted of a Serious Offence, the Grantee must immediately notify the Commonwealth and document a risk assessment to determine whether to continue to allow ensure that that person to perform that part does not, from the date of the Project. In undertaking such a risk assessment you agree to take into account: i) the direct relevance the conviction, finding perform any work or record has to performing the role; ii) the length of time passed since conviction and the person's record since that time; iii) the nature of the offence and the circumstances in which it occurred; iv) whether the offence involved Vulnerable Persons; v) the nature of the relevant part of the Project and the circumstance that the person will have contact with Vulnerable Persons; vi) the particular role the Person is proposed to undertake or is currently undertaking in relation relating to the Project and whether the fact the person has the conviction, finding or record is reasonably likely to impair the person's ability to perform or continue to perform the inherent requirements of that role; and vii) suitability of the Person based on their merit, experience and references in that role. A Vulnerable Person is a child, or an individual over the age of 18 who is or may be unable to protect themselves, or is unable to protect themselves against harm or exploitation by reason of age, illness, trauma or disability, or any other reason. A Serious Offence means: i) a crime or offence involving the death of a person; or ii) a sex-related offence or crime, including sexual assault (whether against an adult or child); child pornography, or an indecent act involving a child; or iii) a crime or offence involving dishonesty that is not minor; or iv) 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. An Other Offence means a conviction, finding of guilt, on-the-spot fine for, or court order relating to: i) apprehended violence or protection order made against the Person; or ii) one or more traffic offences involving speeding more than 30 kilometres over the speed limit, injury to a person or damage to property; or iii) a crime or offence involving the consumption, dealing in, possession or handling of alcohol, a prohibited drug, narcotic or other prohibited substance; or iv) a crime or offence involving violence against or the injury, but excluding the death of a person; or v) a minor crime or offence involving dishonesty, other than those crimes or offences referred to above. If IIA requires, you must provide IIA with evidence that you have complied with these requirements. These requirements also apply to subcontractors to which the Enterprise engagesActivity.

Vulnerable Persons. If a. Before any person commences performing work on any part of the Project requires Activity that involves working or contact with a Vulnerable PersonsPerson, before engaging or deploying any person in relation to any part of the Project you Grantee must: i) conduct a. obtain a formal police check in each State or Territory where the Enterprise knows Police Check for that person; b. confirm that the person has resided; ii) confirm that no State or Territory is not prohibited by any law prohibits that person from being engaged in a capacity where they may have contact with a Vulnerable Persons; andPerson; iii) c. comply with all other legal requirements State, Territory or Commonwealth laws relating the employment or engagement of persons in any capacity where they may have contact with a Vulnerable Person; and ensure that the place where person holds all licences or permits for the activity is being conducted capacity in relation which they are to engaging be engaged, including any specified in the Grant Details, and the Grantee must ensure that Police Checks and any licences or deploying Vulnerable Persons. A police check is not required where a permits obtained in accordance with this clause remain current Working with Children (NSW) check or equivalent check for the duration of their involvement in another jurisdiction is current. A risk assessment the Activity. b. The Grantee must be performed by the Enterprise if the relevant checks indicate ensure that a person has does not perform work on any part of the Activity that involves working or contact with a conviction or Vulnerable Person if a Police Check indicates that the person at any finding of guilt for time has: a. a Serious Offence Record; or b. a Criminal or Court Record and the Grantee has not conducted a risk assessment and determined that any record risk is acceptable. c. In undertaking a risk assessment under clause w.ii), the Grantee must have regard to: a. the nature and circumstances of the offence(s) on the person’s Criminal or Court Record and whether the charge or conviction involved Vulnerable Persons; b. whether the person’s Criminal or Court Record is directly c. the length of time that has passed since the person’s charge or d. the circumstances in which the person will, or is likely to, have contact with a Vulnerable Person as part of the Activity; e. any other relevant matter, and must ensure it fully documents the conduct and outcome of the risk assessment. d. The Grantee agrees to notify the Commonwealth of any Other Offence before you engage, deploy or redeploy that person. Within 24 hours risk assessment it conducts under this clause and agrees to provide the Commonwealth with copies of becoming aware of any relevant documentation on request. e. If during the term a person being involved in performing work on any part of the Activity that involves working or contact with a Vulnerable Person is: f. charged or convicted of with a Serious Offence or Other Offence, the Enterprise Grantee must conduct immediately notify the Commonwealth; or g. convicted of a Serious Offence, the Grantee must immediately notify the Commonwealth and document a risk assessment to determine whether to continue to allow ensure that that person to perform that part does not, from the date of the Project. In undertaking such a risk assessment you agree to take into account: i) the direct relevance the conviction, finding perform any work or record has to performing the role; ii) the length of time passed since conviction and the person's record since that time; iii) the nature of the offence and the circumstances in which it occurred; iv) whether the offence involved Vulnerable Persons; v) the nature of the relevant part of the Project and the circumstance that the person will have contact with Vulnerable Persons; vi) the particular role the Person is proposed to undertake or is currently undertaking in relation relating to the Project and whether the fact the person has the conviction, finding or record is reasonably likely to impair the person's ability to perform or continue to perform the inherent requirements of that role; and vii) suitability of the Person based on their merit, experience and references in that role. A Vulnerable Person is a child, or an individual over the age of 18 who is or may be unable to protect themselves, or is unable to protect themselves against harm or exploitation by reason of age, illness, trauma or disability, or any other reason. A Serious Offence means: i) a crime or offence involving the death of a person; or ii) a sex-related offence or crime, including sexual assault (whether against an adult or child); child pornography, or an indecent act involving a child; or iii) a crime or offence involving dishonesty that is not minor; or iv) 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. An Other Offence means a conviction, finding of guilt, on-the-spot fine for, or court order relating to: i) apprehended violence or protection order made against the Person; or ii) one or more traffic offences involving speeding more than 30 kilometres over the speed limit, injury to a person or damage to property; or iii) a crime or offence involving the consumption, dealing in, possession or handling of alcohol, a prohibited drug, narcotic or other prohibited substance; or iv) a crime or offence involving violence against or the injury, but excluding the death of a person; or v) a minor crime or offence involving dishonesty, other than those crimes or offences referred to above. If IIA requires, you must provide IIA with evidence that you have complied with these requirements. These requirements also apply to subcontractors to which the Enterprise engagesActivity.