Common use of Working with Vulnerable Persons Clause in Contracts

Working with Vulnerable Persons. 5.1 The Contractor must: (1) before engaging, deploying or redeploying a Relevant Person in relation to any part of an Activity that involves working or contact with a Vulnerable Person; and (2) thereafter every three years that the Relevant Person is deployed or redeployed in relation to any part of an Activity that involves working or contact with a Vulnerable Person, do the following: (3) obtain a Police Check for the Relevant Person, except as otherwise agreed by WAPHA; (4) confirm that no applicable Commonwealth, State or Territory Law prohibits the Relevant Person from being engaged in a capacity where they may have contact with Vulnerable Persons; (5) comply with all other applicable Laws of the place in which that part of the Activity is being conducted in relation to engaging or deploying the Relevant Person in a capacity where he or she may have contact with Vulnerable Persons; and (6) comply with any other conditions reasonably required by WAPHA. 5.2 If a Police Check indicates that a Relevant Person has a Serious Record, the Contractor may not deploy or redeploy that Relevant Person in relation to any part of an Activity that involves working or contact with a Vulnerable Person. 5.3 The Contractor agrees: (1) if a Police Check indicates that a Relevant Person has a Criminal or Court Record, not to engage, deploy or redeploy that Relevant Person in respect of any part of an Activity that involves working with Vulnerable Persons unless the Contractor has conducted and documented a risk assessment for that Relevant Person in accordance with clauses 5.5 to 5.7; (2) within 24 hours of becoming aware of any Relevant Person being charged or convicted of any Other Offence, or charged with any Serious Offence, to comply with clause 5.3(1) and conduct and document a risk assessment in accordance with clauses 5.5 to 5.7 to determine whether to allow that Relevant Person to continue performing any part of an Activity that involves working with Vulnerable Persons; (3) on becoming aware of a Relevant Person being convicted of a Serious Offence, to comply with clause 5.3(1) and immediately cease to deploy the Relevant Person in relation to any part of an Activity that involves working or contact with a Vulnerable Person; and (4) to document the actions the Contractor will take as a result of conducting a risk assessment. Contractor : Enter Contractor Name 5.4 The Contractor must promptly notify WAPHA if the Contractor becomes aware of an occurrence specified in clause 5.3 or the Contractor conducts a risk assessment in accordance with clauses 5.5 to 5.7, except to the extent agreed in writing by WAPHA. 5.5 The Contractor is wholly responsible for conducting any risk assessment, assessing its outcome and deciding to engage, deploy or redeploy a Relevant Person who has: (1) a Criminal or Court Record; (2) been charged or convicted of any Other Offence; (3) been charged with a Serious Offence, to work on any part of an Activity that involves working or contact with Vulnerable Persons. 5.6 In undertaking the risk assessment under clause 5.5 in respect of a Relevant Person, the Contractor agrees to take into account the following factors: (1) whether the Relevant Person’s Criminal or Court Record (or the offence that the Relevant Person has been charged with, or convicted of, as specified in clause 5.3(2) is directly relevant to the role that he or she will or is likely to perform in relation to an Activity; (2) the length of time that has passed since the Relevant Person’s charge or conviction and his or her record since that time; (3) the nature of the offence pertaining to the Relevant Person’s charge or conviction and the circumstances in which it occurred; (4) whether the Relevant Person’s charge or conviction involved Vulnerable Persons; (5) the nature of the Activity for which the Relevant Person is employed or engaged and the circumstances in which the Relevant Person will or is likely to have contact with Vulnerable Persons; (6) the particular role the Relevant Person is proposed to undertake or is currently undertaking in relation to an Activity and whether the fact the Relevant Person has a Criminal or Court Record (or has been charged or convicted as specified in clause 5.3(2)) is reasonably likely to impair his or her ability to perform or continue to perform the inherent requirements of that role; and (7) the Relevant 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 an Activity. 5.7 After taking into account the factors set out in clause 5.6 in respect of a Relevant Person, the Contractor agrees to determine whether it is reasonably necessary to: (1) not engage, deploy or redeploy the Relevant Person in relation to an Activity or any part of an Activity; (2) remove the Relevant Person from working in any position or acting in any capacity in relation to any part of an Activity that involves working or having contact with Vulnerable Persons; (3) make particular arrangements or impose conditions in relation to the Relevant Person’s role in relation to an Activity (or any part of an Activity) and, where relevant, his or her contact with Vulnerable Persons; and/or (4) take steps to protect the physical, psychological or emotional wellbeing of the Vulnerable Persons to whom the Activity relates. 5.8 As and when required by WAPHA, the Contractor must promptly provide evidence, in a form WAPHA requires, that the Contractor has complied with the requirements of his clause 5. 5.9 The Contractor agrees to reflect its obligations under this clause 5 in all subcontracts it enters into in relation to any part of an Activity that involves working with Vulnerable Persons. 5.10 Notwithstanding anything else in this Agreement, the Contractor is responsible for all costs associated with compliance with this clause 5.

Working with Vulnerable Persons. 5.1 The Contractor must: (1) before engaging, deploying or redeploying a Relevant Person in relation to any part of an Activity that involves working or contact with a Vulnerable Person; and (2) thereafter every three years that the Relevant Person is deployed or redeployed in relation to any part of an Activity that involves working or contact with a Vulnerable Person, do the following: (3) obtain a Police Check for the Relevant Person, except as otherwise agreed by WAPHA; (4) confirm that no applicable Commonwealth, State or Territory Law prohibits the Relevant Person from being engaged in a capacity where they may have contact with Vulnerable Persons; (5) comply with all other applicable Laws of the place in which that part of the Activity is being conducted in relation to engaging or deploying the Relevant Person in a capacity where he or she may have contact with Vulnerable Persons; and (6) comply with any other conditions reasonably required by WAPHA. 5.2 If a Police Check indicates that a Relevant Person has a Serious Record, the Contractor may not deploy or redeploy that Relevant Person in relation to any part of an Activity that involves working or contact with a Vulnerable Person. 5.3 The Contractor agrees: (1) if a Police Check indicates that a Relevant Person has a Criminal or Court Record, not to engage, deploy or redeploy that Relevant Person in respect of any part of an Activity that involves working with Vulnerable Persons unless the Contractor has conducted and documented a risk assessment for that Relevant Person in accordance with clauses 5.5 to 5.7; (2) within 24 hours of becoming aware of any Relevant Person being charged or convicted of any Other Offence, or charged with any Serious Offence, to comply with clause 5.3(1) and conduct and document a risk assessment in accordance with clauses 5.5 to 5.7 to determine whether to allow that Relevant Person to continue performing any part of an Activity that involves working with Vulnerable Persons; (3) on becoming aware of a Relevant Person being convicted of a Serious Offence, to comply with clause 5.3(1) and immediately cease to deploy the Relevant Person in relation to any part of an Activity that involves working or contact with a Vulnerable Person; and (4) to document the actions the Contractor will take as a result of conducting a risk assessment. Contractor : Enter Contractor Name. 5.4 The Contractor must promptly notify WAPHA if the Contractor becomes aware of an occurrence specified in clause 5.3 or the Contractor conducts a risk assessment in accordance with clauses 5.5 to 5.7, except to the extent agreed in writing by WAPHA. 5.5 The Contractor is wholly responsible for conducting any risk assessment, assessing its outcome and deciding to engage, deploy or redeploy a Relevant Person who has: (1) a Criminal or Court Record; (2) been charged or convicted of any Other Offence; (3) been charged with a Serious Offence, to work on any part of an Activity that involves working or contact with Vulnerable Persons. 5.6 In undertaking the risk assessment under clause 5.5 in respect of a Relevant Person, the Contractor agrees to take into account the following factors: (1) whether the Relevant Person’s Criminal or Court Record (or the offence that the Relevant Person has been charged with, or convicted of, as specified in clause 5.3(2) is directly relevant to the role that he or she will or is likely to perform in relation to an Activity; (2) the length of time that has passed since the Relevant Person’s charge or conviction and his or her record since that time; (3) the nature of the offence pertaining to the Relevant Person’s charge or conviction and the circumstances in which it occurred; (4) whether the Relevant Person’s charge or conviction involved Vulnerable Persons; (5) the nature of the Activity for which the Relevant Person is employed or engaged and the circumstances in which the Relevant Person will or is likely to have contact with Vulnerable Persons; (6) the particular role the Relevant Person is proposed to undertake or is currently undertaking in relation to an Activity and whether the fact the Relevant Person has a Criminal or Court Record (or has been charged or convicted as specified in clause 5.3(2)) is reasonably likely to impair his or her ability to perform or continue to perform the inherent requirements of that role; and (7) the Relevant 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 an Activity. 5.7 After taking into account the factors set out in clause 5.6 in respect of a Relevant Person, the Contractor agrees to determine whether it is reasonably necessary to: (1) not engage, deploy or redeploy the Relevant Person in relation to an Activity or any part of an Activity; (2) remove the Relevant Person from working in any position or acting in any capacity in relation to any part of an Activity that involves working or having contact with Vulnerable Persons; (3) make particular arrangements or impose conditions in relation to the Relevant Person’s role in relation to an Activity (or any part of an Activity) and, where relevant, his or her contact with Vulnerable Persons; and/or (4) take steps to protect the physical, psychological or emotional wellbeing of the Vulnerable Persons to whom the Activity relates. 5.8 As and when required by WAPHA, the Contractor must promptly provide evidence, in a form WAPHA requires, that the Contractor has complied with the requirements of his clause 5. 5.9 The Contractor agrees to reflect its obligations under this clause 5 in all subcontracts it enters into in relation to any part of an Activity that involves working with Vulnerable Persons. 5.10 Notwithstanding anything else in this Agreement, the Contractor is responsible for all costs associated with compliance with this clause 5.

Working with Vulnerable Persons. 5.1 The Contractor must:10.1 This clause applies if the Services or any part of the Services involves working with, or contact with, Vulnerable Persons. 10.2 Before engaging or deploying any Person (1whether as an officer, employee, contractor, or volunteer) before engaging, deploying or redeploying a Relevant Person in relation to any part of an Activity that involves working or contact with a Vulnerable Person; and (2) thereafter every three years that the Relevant Person is deployed or redeployed in relation to any part of an Activity that involves working or contact with a Vulnerable PersonServices, do the followingProvider must: (3a) obtain conduct a Police Check for the Relevant Personthat Person or where relevant, except as otherwise agreed confirm a similar check by WAPHAappropriate authorities has occurred; (4b) confirm that no applicable Commonwealth, State or Territory Law law prohibits the Relevant that Person from being engaged in a capacity where they may have contact with Vulnerable Persons;; and (5c) comply with all other applicable Laws legal requirements of the place in which that where the Services, or part of the Activity Services, is being conducted in relation to engaging or deploying the Relevant Person persons in a capacity where he or she they may have contact with Vulnerable Persons; and (6) comply with any other conditions reasonably required by WAPHA. 5.2 If 10.3 For the purposes of clause 10.2(a) the Provider does not have to conduct a Police Check for a Person where they have a current Working with Children (NSW) check or an equivalent check in another jurisdiction that is current. 10.4 The Provider agrees: (a) if a Police Check or other relevant check by authorities indicates that a Relevant Person has a Serious Record, the Contractor may not deploy or redeploy that Relevant Person in relation to any part of an Activity that involves working or contact with a Vulnerable Person. 5.3 The Contractor agrees: (1) if a Police Check indicates that a Relevant Person has a Criminal or Court Record, not to engage, deploy or redeploy that Relevant the Person in respect of any part of an Activity that involves working with Vulnerable Persons unless the Contractor Provider has conducted and documented a risk assessment for of that Relevant Person in accordance with clauses 5.5 to 5.7Person; (2b) within 24 hours of becoming aware of any Relevant a Person being charged or convicted of any Serious Offence or Other Offence, or charged with any Serious Offence, to comply with clause 5.3(1) and conduct and document a risk assessment in accordance with clauses 5.5 10.5 to 5.7 10.6 to determine whether to allow that Relevant Person to continue performing the Services or any part of an Activity that involves working with Vulnerable Persons; (3) on becoming aware of a Relevant Person being convicted of a Serious Offence, to comply with clause 5.3(1) and immediately cease to deploy the Relevant Person in relation to any part of an Activity that involves working or contact with a Vulnerable PersonServices; and (4c) to document the actions the Contractor Provider will take as a result of conducting a the risk assessment. Contractor : Enter Contractor Name 5.4 The Contractor must promptly notify WAPHA if the Contractor becomes aware of an occurrence specified in clause 5.3 or the Contractor conducts a risk assessment in accordance with clauses 5.5 to 5.7, except to the extent agreed in writing by WAPHA. 5.5 10.5 The Contractor is Provider will be wholly responsible for conducting any risk assessment, assessing its outcome and deciding to engage, deploy or redeploy a Relevant Person who has: (1) with a Serious Record, Criminal or Court Record; (2) been charged or convicted of any Other Offence; (3) been charged with a Serious Offence, to work on any Services, or any part of an Activity that involves working or contact with Vulnerable Personsa Service. 5.6 10.6 In undertaking the risk assessment under clause 5.5 in respect of a Relevant Person, clauses 10.4 and 10.5 the Contractor Provider agrees to take into account the following factors: (1a) whether the Relevant Person’s 's Serious Record, Criminal or Court Record (or the offence that the Relevant Person has been charged with, or convicted of, as specified in clause 5.3(2) is directly relevant to the role that he or she the Person will or is likely to perform in relation to an Activitythe Services or any part of the Services; (2b) the length of time that has passed since the Relevant Person’s charge or 's conviction and his or her the Person's record since that time; (3c) the nature of the offence pertaining to the Relevant Person’s charge Serious Record, Criminal or conviction Court Record and the circumstances in which it occurred; (4d) whether the Relevant Person’s charge or conviction offence involved Vulnerable Persons; (5e) the nature of the Activity for which the Relevant Person is employed or engaged Services and the circumstances in which the Relevant Person will or is likely to have contact with Vulnerable Persons; (6f) the particular role the Relevant Person is proposed to undertake or is currently undertaking in relation to an Activity the Services and whether the fact the Relevant Person has a Serious Record, Criminal or Court Record (or has been charged or convicted as specified in clause 5.3(2)) is reasonably likely to impair his or her the Person's ability to perform or continue to perform the inherent requirements of that role; and (7g) the Relevant Person’s 's suitability based on their merit, experience and references to perform the role they are proposed to undertake, undertake or are currently undertaking, undertaking in relation to an Activitythe Services or any part of the Services. 5.7 10.7 After taking into account the factors set out in clause 5.6 in respect of a Relevant Person10.6, the Contractor Provider agrees to then determine whether it is reasonably necessary to: (1a) not engage, deploy or redeploy the Relevant Person in relation to an Activity the Services or any part of an Activity;the Services; or (2b) remove the Relevant Person from working in any position or acting in any capacity in relation to the Services or any part of an Activity that the Services which involves working or having contact with Vulnerable Persons;; or (3c) make particular arrangements or impose conditions under which the Person's role in relation to the Relevant Person’s role in relation to an Activity (Services or any part of an Activity) the Services and, where relevant, his or her contact with Vulnerable PersonsPersons is to occur; and/oror (4d) take steps to protect the physical, psychological or emotional wellbeing of the Vulnerable Persons to whom the Activity relatesServices relate. 5.8 As and when required by WAPHA10.8 If the Department requires, the Contractor Provider must promptly provide evidence, in a form WAPHA requiresspecified by the Department, that the Contractor Provider has complied with the requirements of his this clause 510. 5.9 10.9 The Contractor Provider agrees to reflect its their obligations under this clause 5 10 in all subcontracts it enters Subcontracts entered into in relation to any the Services or part of an Activity that involves working with Vulnerable Personsthe Services. 5.10 Notwithstanding anything else in this Agreement, the Contractor is responsible for all costs associated with compliance with 10.10 In this clause 5.10:

Working with Vulnerable Persons. 5.1 The Contractor must: (1) before engaging, deploying or redeploying a Relevant Person in relation to any part of an Activity that involves working or contact with a Vulnerable Person; and (2) thereafter every three years that the Relevant Person is deployed or redeployed in relation to any part of an Activity that involves working or contact with a Vulnerable Person, do the following: (3) obtain a Police Check for the Relevant Person, except as otherwise agreed by WAPHA; (4) confirm that no applicable Commonwealth, State or Territory Law prohibits the Relevant Person from being engaged in a capacity where they may have contact with Vulnerable Persons;Persons;‌ (5) comply with all other applicable Laws of the place in which that part of the Activity is being conducted in relation to engaging or deploying the Relevant Person in a capacity where he or she may have contact with Vulnerable Persons; and (6) comply with any other conditions reasonably required by WAPHA. 5.2 If a Police Check indicates that a Relevant Person has a Serious Record, the Contractor may not deploy or redeploy that Relevant Person in relation to any part of an Activity that involves working or contact with a Vulnerable Person.Person.‌‌ 5.3 The Contractor agrees:agrees:‌ (1) if a Police Check indicates that a Relevant Person has a Criminal or Court Record, not to engage, deploy or redeploy that Relevant Person in respect of any part of an Activity that involves working with Vulnerable Persons unless the Contractor has conducted and documented a risk assessment for that Relevant Person in accordance with clauses 5.5 to 5.7; (2) within 24 hours of becoming aware of any Relevant Person being charged or convicted of any Other Offence, or charged with any Serious Offence, to comply with clause 5.3(1) and conduct and document a risk assessment in accordance with clauses 5.5 to 5.7 to determine whether to allow that Relevant Person to continue performing any part of an Activity that involves working with Vulnerable Persons;Persons;‌ (3) on becoming aware of a Relevant Person being convicted of a Serious Offence, to comply with clause 5.3(1) and immediately cease to deploy the Relevant Person in relation to any part of an Activity that involves working or contact with a Vulnerable Person; andand‌ (4) to document the actions the Contractor will take as a result of conducting a risk assessment. Contractor : Enter Contractor Name. 5.4 The Contractor must promptly notify WAPHA if the Contractor becomes aware of an occurrence specified in clause 5.3 or the Contractor conducts a risk assessment in accordance with clauses 5.5 to 5.7, except to the extent agreed in writing by WAPHA. 5.5 The Contractor is wholly responsible for conducting any risk assessment, assessing its outcome and deciding to engage, deploy or redeploy a Relevant Person who has:has:‌ (1) a Criminal or Court Record; (2) been charged or convicted of any Other Offence;Offence;‌ (3) been charged with a Serious Offence, to work on any part of an Activity that involves working or contact with Vulnerable Persons. 5.6 In undertaking the risk assessment under clause 5.5 in respect of a Relevant Person, the Contractor agrees to take into account the following factors:factors:‌‌ (1) whether the Relevant Person’s Criminal or Court Record (or the offence that the Relevant Person has been charged with, or convicted of, as specified in clause 5.3(2) is directly relevant to the role that he or she will or is likely to perform in relation to an Activity; (2) the length of time that has passed since the Relevant Person’s charge or conviction and his or her record since that time;time;‌ (3) the nature of the offence pertaining to the Relevant Person’s charge or conviction and the circumstances in which it occurred; (4) whether the Relevant Person’s charge or conviction involved Vulnerable Persons; (5) the nature of the Activity for which the Relevant Person is employed or engaged and the circumstances in which the Relevant Person will or is likely to have contact with Vulnerable Persons;Persons;‌ (6) the particular role the Relevant Person is proposed to undertake or is currently undertaking in relation to an Activity and whether the fact the Relevant Person has a Criminal or Court Record (or has been charged or convicted as specified in clause 5.3(2)) is reasonably likely to impair his or her ability to perform or continue to perform the inherent requirements of that role; and (7) the Relevant 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 an Activity. 5.7 After taking into account the factors set out in clause 5.6 in respect of a Relevant Person, the Contractor agrees to determine whether it is reasonably necessary to:to:‌ (1) not engage, deploy or redeploy the Relevant Person in relation to an Activity or any part of an Activity; (2) remove the Relevant Person from working in any position or acting in any capacity in relation to any part of an Activity that involves working or having contact with Vulnerable Persons;Persons;‌ (3) make particular arrangements or impose conditions in relation to the Relevant Person’s role in relation to an Activity (or any part of an Activity) and, where relevant, his or her contact with Vulnerable Persons; and/or (4) take steps to protect the physical, psychological or emotional wellbeing of the Vulnerable Persons to whom the Activity relates.relates.‌ 5.8 As and when required by WAPHA, the Contractor must promptly provide evidence, in a form WAPHA requires, that the Contractor has complied with the requirements of his clause 5. 5.9 The Contractor agrees to reflect its obligations under this clause 5 in all subcontracts it enters into in relation to any part of an Activity that involves working with Vulnerable Persons. 5.10 Notwithstanding anything else in this Agreement, the Contractor is responsible for all costs associated with compliance with this clause 5.