Document ID: chunk:federal_register_of_legislation:F2018C00933:reg:35a
Version: federal_register_of_legislation:F2018C00933
Segment Type: reg
Provision Reference: reg 35A
Character Range: 47164–49078

35A  Working with vulnerable persons
 (1) Before engaging a person in relation to any part of administering or using an ISSP grant that may involve contact with a vulnerable person, a higher education provider must confirm that no Commonwealth, State or Territory law prohibits the person from being engaged in a capacity where the person has, or may have, contact with a vulnerable person.
 (2) If:
 (a) a higher education provider has engaged a person in relation to the administration or use of an ISSP grant; and
 (b) the person has, or may have, contact with a vulnerable person in administering or using the ISSP grant; and
 (c) the person is prohibited under a Commonwealth, State or Territory law from having contact with a vulnerable person
the provider must:
 (d) notify an administering officer immediately; and
 (e) take all reasonable steps to ensure the person is no longer engaged by the provider in a capacity where the person has, or may have, contact with a vulnerable person in administering or using the ISSP grant.
 (3) If:
 (a) a higher education provider and an administering officer agree that the provider must undertake additional requirements relating to contact with vulnerable persons, police checks and criminal history checks; and
 (b) the provider and the administering officer agree the additional requirements
the provider must comply with these requirements.
 (4) A higher education provider must include in its performance report under section 17 of these Guidelines a statement regarding the provider's compliance with subsections (1), (2) and (3) for the grant year.
 (5) In this section, vulnerable person means:
 (a) a child, being an individual under the age of 18; or
 (b) an individual aged 18 years and above who is, or may be, unable to take care of himself or herself against harm or exploitation by reason of age, illness, trauma or disability, or any other reason.