1         Introduction

The Protecting Children and the Vulnerable Policy (the Policy) sets out ACU’s commitments to provide a safe environment for children and vulnerable adults.

These procedures outline the processes, procedures and responsibilities to ensure that the University meets the commitments within the Policy.  These procedures are intended to guide the practical application of the Policy in the following areas:

• processes for approval of activities related to children and/or vulnerable adults;
• risk planning and management;
• background checking;
• consent from a parent or guardian for participation in ACU activities;
• reporting and responding to concerning behaviour; and
• roles and responsibilities.

2         Definitions

The meanings of the terms used in these Procedures are provided in Attachment 1.

3         Processes for Approval of Activities Related to Children and/or Vulnerable Adults

The Policy provides descriptions and examples of activities, involving children and vulnerable adults, which are categorised as work, study, research or events. All activities involving children and/or vulnerable adults must be approved by the appropriate authority (refer to the table below). In addition there are matters to consider and actions to take in conjunction with the approval process.

The University Member responsible for the delivery of an activity (to be referred to in these procedures as the Responsible Officer – refer to the table below) will consider whether the activities are related to children or vulnerable adults and, if so, take actions to provide a safe environment for them including by ensuring that the following matters are considered and actions taken:

• the activity is approved as “an activity related to children or vulnerable adults” by the appropriate approval authority;
• a Risk Management Plan specific to the activity is developed, approved and implemented;
• background checks are conducted in accordance with requirements of the relevant state or territory, if required; and
• the consent of parents or guardians is obtained, if appropriate.

Below is a list of Responsible Officers for the different categories of activities involving to children and/or vulnerable adults (i.e. work, study, research or events).  Attachment 2 provides information about the role of the Responsible Officer in providing a safe environment for children and vulnerable adults involved in ACU activities.

4         Risk Planning and Management

The Policy requires the development, approval and implementation of a Risk Management Plan for all activities involving children and/or vulnerable adults to ensure that the risks to their safety and wellbeing are removed or minimised.  Examples of sources of hazards from which risks may arise are listed below (this is not a comprehensive list):

• the age or age range of children and/or nature of the disadvantage of vulnerable adults
• safety of location and facilities;
• nature of the activity;
• the suitability of University Members to engage in activities with children and/or vulnerable people;
• capacity of University Members to predict, respond to and manage the behaviour of the children and/or vulnerable adults, other University Members and others involved in the activity;
• equipment required for the activity and its suitability;
• accessibility of location including the ability to find the location on the way to or during the course of the activity;
• accidents and injury;
• theft, loss or damage of personal property;
• the serving of food and/or alcohol;
• consent of parents or guardians (see section 6) to the participation of the child or vulnerable adult in the activity and/or assent of child or vulnerable adult to be involved in the activity; and
• photography and/or filming of the activity by organisers and/or participants including on personal electronic devices.

The Risk Management Plan will identify the risks associated with each of the hazards and document the likelihood and severity of the risks as well as strategies to mitigate the risk.  The ACU Risk Management Policy and Procedure and ACU WHS Risk Management Guidelines may assist in developing the Risk Management Plan.  The National Child Protection Manager, Human Resources Directorate may be able to assist with risk planning and management.

5         Background checking - WWC/V checks

ACU’s commitments in relation to background checking are outlined in the Policy.  This section sets out how the University will meet its commitments in relation to WWC/V checks.

5.1     When is a WWC/V check required?

The legislation and regulation within each state or territory prescribes the criteria to be met in order for a WWC/V check to be conducted. The criteria are different within each jurisdiction and can be categorised in terms of:

• the nature or type of contact with children or, in the ACT, vulnerable people (e.g. direct contact);
• roles, occupations or sectors which are considered to be related to children (vulnerable people in the ACT); and
• the frequency of contact with children (vulnerable people in the ACT) over a prescribed period(s) (e.g. week, month or year).

The criteria in relation to the above, prescribed by the relevant state or territory government agency, must be met for a WWC/V check to be performed. In other words, if the criteria are not met then the agency may not perform the WWC/V check.  The website for the relevant state or territory government agency should always be consulted when determining whether a WWC/V check is required and an individual should only be required to undertake a WWC/V check if the relevant criteria are met.  A list of websites for these agencies is maintained on the ACU Working with Children and Vulnerable Adults Webpage.

The activities to which legislative requirements in relation to WWC/V checks apply are more narrowly defined than those covered by the Policy and these Procedures.  Where an activity is approved as an activity related to children and/or vulnerable adults by the appropriate approval authority (refer to section 3) but the nature of the activity is such that the state or territory government agency does not require a WWC/V check, the following may authorise a background check in the form of a police check, if considered to be appropriate:

• for students - Executive Dean or relevant Executive member for non-Faculty areas with students (e.g. Executive Education and ACU College),
• for other University Members - the Director Human Resources.

5.2     WWC/V check clearance and identifying an Organisational Contact Officer for ACU

When a University member has undertaken a WWC/V check for another purpose or organisation, their WWC/V clearance may, depending on the nature of the check, be carried over to ACU.  If the University member does not have an existing WWC/V clearance then an application for a WWC/V check will need to be made.

5.2.1  Application process

Each state or territory has a different process for applying for a WWC/V check and information about the process is provided on the website of the relevant state or territory government agency (herein referred to in this section 5 as Agency) (refer to the ACU Working with Children and the Vulnerable Adults Webpage for a list of websites for these Agencies).

When an application for a WWC/V check is lodged, an ACU Organisational Contact Officer should be identified on the application (refer to section 5.2.3).  When the University Member is notified of the outcome of their WWC/V check application by the Agency, the University Member is responsible for providing evidence of the outcome of the application to the relevant ACU Organisational Contact Officer.

5.2.2  Existing WWC/V clearance (portability)

Same state or territory: In most jurisdictions in which ACU operates (South Australia excluded) existing WWC/V clearances are portable across different organisations within the same state or territory provided the “category of clearance” is the same.  The categories of clearance are different in each jurisdiction but generally, a WWC/V clearance as an unpaid person (e.g. volunteer or student) cannot be used for paid employment.

Different state or territory: WWC/V clearances are not always portable across states or territories.  University Members with a WWC/V clearance in one state or territory cannot rely upon that clearance to participate in ACU activities with children or vulnerable people in a different state or territory.  University Members may be required to hold WWC/V clearances in more than one state or territory even though they are performing activities for ACU as one organisation.

5.2.3  ACU Organisational Contact Officers for WWC/V checks

The WWC/V check application process in all states and territories captures:

• the name of the organisation in which the activities with children (vulnerable people in the ACT) are conducted, and
• the name of an Organisational Contact Officer.

This ensures that the relevant state or territory government agency can contact ACU directly to advise of any changes in a University Member’s WWC/V clearance status.  ACU is then in a position to take immediate action if the clearance is suspended or revoked (refer to 5.6 below).

In the case of a University Member with an existing WWC/V clearance, the Agency must be notified that the University Member is with ACU.

The Organisational Contact Officers are:

The ACU Working with Children and the Vulnerable Adults Webpage provides a list of the names of the Organisational Contact Officers.

5.3     Cost

Normally, the University Member is responsible for meeting any cost involved in applying for WWC/V checks.  This also applies to police checks and professional registrations.

5.4     Timeframe for applying for WWC/V checks

For any activity for which a WWC/V check is undertaken, the University Member must not commence that activity until the checking process is concluded and evidence of clearance is provided to and, if required, validated by the relevant Organisational Contact Officer (refer to Attachment 3 for actions required by the Organisational Contact Officer).  This applies to new or existing University Members.

The application process may take up to several weeks, depending on the jurisdiction and this should be accommodated in the planning for the activity (refer to section 5.6).

5.5     Duration and maintaining of WWC/V clearance

Within the jurisdictions applicable to ACU, WWC/V clearances are in place:

• normally for three (3) or five (5) years and until a specified expiry date, depending on the jurisdiction, or
• until the clearance is suspended or revoked by or in accordance with the Agency requirements.

University Members and ACU share responsibility for ensuring that University Members engaged in activities related to children (vulnerable in the ACT) have current and valid WWC/V clearances.  The responsibilities of each are:

• The University Member is responsible for ensuring that their clearance is valid and that they apply for renewal in accordance with the requirements of the relevant state or territory Agency.  They are also responsible for informing ACU of changes to their WWC/V clearance status.
• ACU is responsible for ensuring that anyone involved in an activity related to children (vulnerable in the ACT) has and continues to have clearance to do so.

As stated in the Policy, from time to time the WWC/V clearance status of University Members will be audited, as determined by the Chief Operating Officer.

5.6     Failure to obtain or suspension/removal of WWC/V clearance and subsequent action by ACU

5.6.1  Failure to obtain a WWC/V clearance – new University Members

A University Member who fails to obtain a WWC/V clearance must not engage in activities related to children (vulnerable people in the ACT). Where a WWC/V clearance is a prerequisite for engagement, appointment or enrolment, the person will not commence with ACU until evidence of the clearance is provided.

If an existing University Member is required to undertake a WWC/V check in order to engage in activities related to children (vulnerable people in the ACT) and fails to obtain a WWC/V clearance, then the arrangements set out in section 5.6.2 below will apply.

5.6.2  Failure to obtain, suspension, removal or expiry of WWC/V clearance – existing University Members

This section applies when:

• An existing University member is required to apply for a WWC/V check to obtain a clearance in order to participate in activities related to children or vulnerable adults (e.g. as an outcome of a change to their position or involvement in an event), and then fails to obtain a WWC/V clearance.
• ACU is notified by the relevant Agency or University Member that a University Member’s existing WWC/V clearance has been suspended or removed during the period of the WWC/V clearance.
• A University Member advises ACU of a change to their police information.  In this case, the University Member is not required to disclose any details related to the change to their police information to ACU unless required to do so to comply with the Code of Conduct for All Staff.
• Following routine monitoring or re-validation processes it is found that a University Member’s WWC/V clearance has been suspended or removed, or has expired.

In any of the above circumstances, the University Member will be removed from the activities involving children (vulnerable people in the ACT) immediately (and in accordance with the requirements of the relevant jurisdiction).

Organisational Contact Officers (refer to section 5.2.3) should be the recipients of all notifications of failure to obtain, suspension, removal or expiry of WWC/V clearances, and disclosures regarding changes of police information.  Upon receiving such notifications, the Organisational Contact Officers must act immediately to refer them to the following.

The process for taking action is represented diagrammatically in Attachment 5.

Immediately upon receiving notification of the failure to obtain or suspension or removal of a WWC/V clearance (normally from an Organisational Contact Officer), the DVC(R), Executive Deans/ relevant Executive member for non-Faculty areas or Director Human Resources will, directly or through the relevant manager, advise the University Member that they must be removed from the activities involving children (vulnerable people in the ACT).  Such communication may be verbal, in the first instance, but will be confirmed in writing.

The mechanism for removal of the University Member from the activities will be determined on a case by case basis and may include one or more of those listed below.  Further information about the consideration and actions of the DVC(R), Executive Deans/ relevant Executive member for non-Faculty areas or Director Human Resources is provided in Attachment 4.

• Exclusion or suspension pending the outcome of:
  • the process of consideration by the DVC(R), Executive Deans/ relevant Executive member for non-Faculty areas or Director Human Resources; or
  • an investigation by the police and the relevant state or territory government agency in relation to the matter which has resulted in the suspension of the WWC/V clearance.
• For students, an inability to complete course requirements.
• Redeployment or re-allocation of activities to ensure that the University Member has no involvement in activities or contact with children or vulnerable adults.
• Termination of appointment for University Members other than students.

5.7     Record-keeping, Privacy, Confidentiality and Disposal

5.7.1  Record-keeping

The Organisational Contact Officers are responsible for records relevant to WWC/V checks in accordance with Attachment 3.

5.7.2  Privacy and confidentiality

Reasonable steps must be taken to protect the personal information contained within the documents pertaining to WWC/V checks and other background checks from misuse, loss, unauthorised access, modification or disclosure.  It may be unlawful to disclose information about WWC/V checks to third parties without the permission of the person who is the subject of the check.

5.7.3  Disposal

Documents pertaining to WWC/V checks and other background checks must be retained and disposed of securely and in accordance with ACU Records Retention and Disposal Schedule and Records and Archive Management Policy.

6         Consent from a parent or guardian for participation in ACU activities

There are circumstances where consent is required from a parent or guardian of a child or vulnerable adult.  This should be considered as part of the Risk Management Planning process for activities involving children and/or vulnerable adults.

Consent must be obtained in advance of an activity.  Some examples of activities for which consent may be required are listed below:

• Participation of ACU students who are under 18 in field trips, professional practice placements, community engagement, sporting activities, overseas pilgrimages, conferences, etc.
• Children accessing services through ACU Health Clinics.
• Children involved in research.
• Visits by a school or community group (consent would normally be arranged and managed by the school or community group; however, if not then the Responsible Officer must ensure that consent is obtained).
• Participation of children in ACU hosted or badged forums, conferences, etc.
• Any of the above arrangements for vulnerable adults with a legal guardian.

The consent form should include the following:

Reasonable steps must be taken to protect the personal information contained within the signed consent forms from misuse, loss, unauthorised access, modification or disclosure.  The Responsible Officer will ensure that the signed consent forms are retained for the following period and disposed of securely and in accordance with the ACU Records and Archive Management Policy:

• consent for participation in events and activities - seven (7) years after the activity;
• consent in relation to photographs and video and sound recording - fifteen (15) years after the images or sound recording have stopped being used.

7         Reporting and responding to concerning behaviour

As stated in the Policy, the protection of the safety and wellbeing of children and vulnerable adults relies on every University Member accepting responsibility to report any concerning behaviour towards them.

7.1     What to report

The responsibility to report applies to when a University Member considers that a child or vulnerable adult is at risk of being harmed including by concerning behaviour and/or child abuse and/or neglect as defined in section 2.  This may come to the attention of a University Member by, for example:

• observing or witnessing behaviour towards a child or vulnerable adult; and/or
• a disclosure about behaviour or incidents by a person including by a child or vulnerable adult; and/or
• a child or vulnerable adult exhibiting signs (e.g. behaviour or appearance) which suggests they may not be receiving proper care.

7.2     Making a report

The process of making a report is represented diagrammatically in Attachment 6.  The process is aligned to the ACU Critical Incident Management Policy and Procedures. Reports of concerning behaviour about a University Member or a person on an ACU site or while participating in an ACU activity should be made immediately to the following:

7.3     Emergency response or child abuse and/or neglect (i.e. (i) or (2) above)

When a report is made to the Police or a state or territory child protection statutory authority and ACU National Security Centre or University Officer in accordance with (1) or (2) above, the matter will be handled by activating the ACU Critical Incident Management Policy.  These Procedures may inform the actions of the Incident Response Group or Critical Incident Response Group established under the Critical Incident Management Policy.

7.4     Other concerning behaviour (i.e. (3) above)

Reports to University Officers under (3) above may be made verbally or in writing.  The University Officers will act immediately on all reports of concerning behaviour, whether they are made formally or informally, and in accordance with sections 7.5 and 7.6 of these Procedures.

If an initial complaint of harm and/or child abuse and/or neglect is made to a University Officer under (3), the person reporting (referred to as the “reporter”) will be advised to contact the Police (1) or relevant child protection statutory authority (2).  In any case, the University Officer must refer the reported harm and/or abuse and/or neglect to the following and the matter will then be handled by activating the ACU Critical Incident Management Policy (refer to section 7.3 above):

• the Police and/or relevant child protection statutory authority,

and

• ACU National Security Centre (telephone ext 8888 or 1300 729 452).

7.5     All reports are documented

A report of concerning behaviour will be documented by:

• the reporter, if they make their report in writing; and/or
• the University Officer based on the information communicated verbally by the reporter.  It is the responsibility of the University Officer to record any additional information not recorded in the reporter’s written report.

The written report of the concerning behaviour will include the following information:

• the name and contact details of the reporter;
• time, date and place of the event(s) leading to the report;
• as close as possible to ‘word for word’ account of the reporter’s description of the event(s) including the names or a description of the adult(s) and child(ren) or vulnerable adult(s) involved;
• what was said by both parties (i.e. University Officer and reporter) before and after the reporters account of the event(s);
• any actions that are taken; and
• date of report and signature.

7.6      Action following a report

7.6.1  University Officer

The University Officer will refer the report of concerning behaviour, including the written report, to:

• the Associate Vice-Chancellor or Campus Dean of the ACU site on which the concerning behaviour occurred or on which the University Officer in a position of authority is located, and
• if ACU students are involved, the Deputy Vice-Chancellor (Student, Learning and Teaching), referred to as DVC(SLT), or
• if ACU staff are involved, Director, HR.

7.6.2  Associate Vice-Chancellor or Campus Dean and DVC(SLT) or Director Human Resources

The relevant Associate Vice-Chancellor or Campus Dean and DVC(SLT) (student matters) or Director Human Resources (staff matters) will take immediate action to:

• if required, activate the Critical Incident Management Policy.
• ensure that children and vulnerable adults are safe and supported, through relevant managers, as appropriate.  This may involve action to remove the University Member or member of the public from contact with children or relevant vulnerable adults.

The relevant Associate Vice-Chancellor or Campus Dean or DVC(SLT) or Director Human Resources  will:

• initiate processes for appropriate further action to be taken by the University in response to the report, and ensure that further action is taken by the appropriate area(s) of the University;
• provide or make arrangements to provide appropriate feedback and support to the reporter; and
• ensure that the written report together with records of actions taken are handled in accordance with Accident and Incident Reporting Guidelines and that copies of all records are provided to the National Child Protection Manager.

Further action that may be taken by the University may include but is not limited to:

• in the case of harm and/or child abuse and/or neglect, reporting the matter to the Police or relevant child protection statutory authority;
• suspension or exclusion of the University Member from ACU sites or activities (e.g. on non-ACU sites) pending investigation by ACU or government agencies;
• in the case of research, revoking Human Research Ethics Committee approval;
• investigating the concern reported;
• undertaking risk assessment and implementing strategies to ensure the reported behaviour is managed and eliminated;
• if the reported behaviour occurred at a non-ACU site in the course of undertaking ACU related activities (e.g. students or staff engaged in community activities, professional experience, research, etc) and if appropriate, notifying a relevant officer within the organisation in which the behaviour occurred that a report has been made;
• invoking policies and procedures relevant to the situation (e.g. ACU Staff Enterprise Agreement, Code of Conduct for All Staff, Student Conduct and Discipline Policy and Procedures; Work, Health, Safety and Wellbeing Policy, Critical Incident Management Policy, etc.).

8         Roles and Responsibilities

8.1     All University Members

Refer to the Policy.

8.2     Responsible Officers

The Responsible Officers for different categories of activities involving children and vulnerable adults are identified in section 3.  The role of Responsible Officers includes:

• taking actions to ensure activities involving children and/or vulnerable adults are approved and conducted in a manner which contributes to their safety and wellbeing (refer to Attachment 2).
• in accordance with section 6, ensuring secure retention and disposal of consent forms, signed by parents and guardians, associated with activities for which they are responsible.
• fulfilling the role of a University Officer (for reporting concerning behaviour) (refer to section 8.4).

8.3     Organisational Contact Officers (for WWC/V checks)

The Organisational Contact Officers are identified in section 5.2.3 and a list of names is maintained on the ACU Working with Children and the Vulnerable Adults Webpage.  The responsibilities of Organisational Contact Officers are outlined in Attachment 3.

8.4     ACU National Security Centre (for reporting concerning behaviour)

If a report is received of a child or vulnerable adult being harmed or in imminent danger of being harmed or of child abuse and/or neglect, handle the matter in accordance with the ACU Critical Incident Management Policy and Procedures.

8.5     University Officers (for reporting concerning behaviour)

The University Officers who are contacts for reporting concerning behaviour are identified in section 7.2(3). The responsibilities of University Officers include:

• acting on all reports of concerning behaviour, whether they are made formally or informally.
• if a complaint is made of harm, abuse and/or neglect, advising the person reporting to contact the Police or relevant child protection statutory authority, and reporting the reported harm, abuse and/or neglect to the Police or relevant child protection statutory authorityand ACU National Security Centre (telephone ext 8888 or 1300 729 452) in order to activate the ACU Critical Incident Management Policy and Procedures.
• ensuring that a report of concerning behaviour and any actions that they take is documented in accordance with section 7.5
• referring a report of concerning behaviour to the relevant Associate Vice-Chancellor or Campus Dean and DVC(SLT) (student matters) or Director Human Resources (staff matters) in accordance with section 7.6.2.

8.6     DVC(SLT), Director Human Resources, Associate Vice-Chancellors and Campus Deans

The relevant Associate Vice-Chancellor or Campus Dean or DVC(SLT) or Director Human Resources are responsible for taking immediate action following a report of concerning behaviour from a University Officer, in accordance with section 7.6.2.

The Director Human Resources is also responsible for:

• approving police checks for University Members other than students in the event that a WWC/V check is considered appropriate but the relevant state or territory government agency does not require a check to be undertaken (refer to section 5.1).
• in relation to University Members who are not students, taking immediate action following advice of the failure to obtain or notifications of suspension or removal of WWC/V clearances and disclosures regarding changes of police information in accordance with section 5.6.2 and Attachment 4.

8.7     DVC(R)

In relation to higher degree research students, the DVC(R) is responsible for taking immediate action following advice of the failure to obtain or notifications of suspension or removal of WWC/V clearances and disclosures regarding changes of police information in accordance with section 5.6.2 and Attachment 4.

8.8     Executive Dean and relevant Executive member for non-Faculty areas

The Executive Deans of Faculties and relevant Executive member for non-Faculty areas with students are responsible for:

• appointing nominees for the following purposes:
• to act as Organisational Contact officers for the purposes of WWC/V Checks for students in accordance with section 5.2.3.
• to be responsible for record-keeping in relation to background checks for students in accordance with section 5.7.1.
• in relation to students (excluding higher degree research students), taking immediate action following advice of the failure to obtain or notifications of suspension or removal of WWC/V clearances and disclosures regarding changes of police information in accordance with section 5.6.2 and Attachment 4.

Executive Deans are also responsible for approving police checks for students in their Faculty in the event that a WWC/V check is considered appropriate but the relevant state or territory government agency does not require a check to be undertaken (refer to section 5.1).

8.9     Members of the Executive

Members of the Executive are authorised to approve events involving children and/or vulnerable adults in the area for which they are responsible in accordance with section 3.

9         Procedures Review

The University may make changes to these procedures from time to time to improve the effectiveness of its operation.  In this regard, any staff member who wishes to make any comments about these Procedures may forward their suggestions to the Human Resources Service and Support.

10      Further Assistance

Any staff member who requires assistance in understanding these Procedures should first consult their nominated supervisor or manager who is responsible for the implementation and operation of these arrangements in their work area.  Should further advice be required staff should contact the Human Resources Service and Support, HR@acu.edu.au or extension 4222.

11      Related Policies, Procedures, Guidelines and Templates

ACU Code of Conduct for All Staff

Student Conduct and Discipline Policy and Procedures

Children of Staff and Students on University Premises Procedure

Policy on Course Approval, Amendment and Review (Award Courses)

Guidelines for Course Approval, Amendment and Review (Award Courses)

Recruitment and Selection Policy and Procedures

Acceptable Use of IT Policy

Risk Management Policy and Procedures

WHS Risk Management Guidelines

ACU Staff Enterprise Agreement 2013-2017

Critical Incident Management Policy and Procedures

ACU Bullying Policy (applies to staff)

Bullying in the Working or Learning Environment Statement (applies to students).

Research Code of Conduct

Satellite Centres Policy and Procedures

Procedures

• Procedures - Protecting Children and Vulnerable Adults - Attachment 1 (Procedures, PDF File, 326.5 KB)
• Procedures - Protecting Children and Vulnerable Adults - Attachment 2 (Procedures, PDF File, 703.6 KB)
• Procedures - Protecting Children and Vulnerable Adults - Attachment 3 (Procedures, PDF File, 638.3 KB)
• Procedures - Protecting Children and Vulnerable Adults - Attachment 4 (Procedures, PDF File, 194.7 KB)
• Procedures - Protecting Children and Vulnerable Adults - Attachment 5 (Procedures, PDF File, 202.3 KB)
• Procedures - Protecting Children and Vulnerable Adults - Attachment 6 (Procedures, PDF File, 100.5 KB)
• Procedures - Protecting Children and Vulnerable Adults - Attachment 7 (Procedures, PDF File, 190.8 KB)
• Protecting Children and Vulnerable Adults Procedures (Procedures, PDF File, 5.5 MB)