Transformation Services Agreement - NSW Department of Education ...

43. Laws and Standards
43.1 [Omitted.]
43.2 Compliance of the Services and Deliverables
Where the Contractor becomes aware that the Services and Deliverables do not comply with,
or provide functionality for DEC to achieve compliance with, the Laws and Standards referred
to in the Specifications, the Contractor will notify DEC within 5 Business Days.
43.3 Definitions
In this clause:
(a)
Laws include:
(i)
(ii)
statutory laws, ordinances, regulations, by-laws and lawful requirements
or directions made under or arising from or through the foregoing (eg the
requirements of a mandatory code arising under a statute); and
the conditions of a licence, permit or the like issued under a statute or
other law; and
(b)
Standards include:
(i)
(ii)
mandatory industry standards applicable to this agreement or the
Services; and
other standards agreed by the parties.
44. Child protection
(a)
(b)
(c)
(d)
The Contractor acknowledges that it is aware of the requirements of the
Commission for Children and Young People Act 1998 and all related legislation
(Child Protection Legislation).
The Contractor will ensure that all its Personnel involved in providing DEC with
Deliverables and who have direct unsupervised contact with children and young
people comply with the requirements of the Child Protection Legislation. For any
of these Personnel, the Contractor must conduct, and ensure that its subcontractors
conduct, a working with children check.
The Contractor must also develop ID cards and provide a sample for review by
DEC. If the Contractor's standard ID cards are not adequate for this purpose, DEC
will pay the Contractor's reasonable expenses in developing ID cards provided the
expenses have been approved in advance by DEC.
Without limiting the generality of clause 44(b), the Contractor's Personnel working
in direct unsupervised contact with children must disclose whether of not they are a
prohibited person under any Child Protection Legislation including the completion
of a prohibited employment declaration form as required by their employer and, if a
prohibited person, must not commence, undertake or remain in child-related
employment (with the expressions in italics being defined in the Child Protection
Legislation).
(e)
At each performance review meeting with DEC, the Contractor must provide an
updated listing of all of its Personnel engaged in child-related employment under
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