• Section 1 - Purpose
• Section 2 - Authority
• Section 3 - Scope
• Section 4 - Procedure
• Curfew Requirements
• Curfew Exemption
• Curfew Reporting
• Managing Curfew Breaches
• Responsibilities
• Section 5 - Definitions
• Section 6 - Appendix

Section 1 - Purpose

(1) The purpose of this procedure is to establish the processes by which RMIT University protects the personal safety and social well-being of students in accordance with Standard 5 of the National Code of Practice for Providers of Education and Training to Overseas Student 2018 and the Education Services for Overseas Students Act 2000 (ESOS Act).

(2) The procedure:

1. ensures students are aware of their obligations whilst subject to a Confirmation of Appropriate Accommodation and Welfare (CAAW)
2. enables RMIT University to monitor student attendance at the approved accommodation, and
3. details the procedures for curfew reporting by accommodation providers and for student breach of curfew. 

(3) This procedure should be read in conjunction with RMIT’s Child Safe Policy and Student Safety Measures Procedure.

Section 2 - Authority

(4) Authority for this document is established by the Child Safe Policy.

Section 3 - Scope

(5) This procedure applies to:

1. international students under the age of 18 years enrolled at RMIT University or RMIT University Pathways, for the duration of their RMIT CAAW arrangements, hereafter referred to as ‘students subject to RMIT CAAW’ or ‘students’
2. parents or legal guardians of students subject to RMIT CAAW
3. accommodation providers approved by RMIT University to host international students under the age of 18, and
4. caregivers who have agreements with RMIT to provide welfare services.

Section 4 - Procedure

Curfew Requirements

(6) All students subject to an RMIT CAAW are required to abide by a curfew of 10pm.

(7) Students subject to an RMIT CAAW who are accommodated in purpose built student accommodation (PBSA) must register curfew attendance and show ID every night in person before 10pm. Once curfew attendance has been registered or the student has returned to their home-stay, students are expected to remain at the approved accommodation provider until 6am the next morning.

(8) The curfew sign-in process must be supervised by a PBSA staff member. Sign in must be conducted in a common area of the accommodation facility.

(9) A curfew breach occurs when one (or more) of the following occurs:

1. a student subject to RMIT CAAW leaves the approved accommodation after 10pm or after having registered curfew attendance
2. a student subject to RMIT CAAW nominates a third party or proxy to register curfew attendance, or
3. a student subject to RMIT CAAW arrives at accommodation after 10pm or fails to check-in without having first secured an RMIT approved Curfew Extension (refer to clause 11).

(10) If a student subject to RMIT CAAW knows they will arrive at their accommodation later than 10pm, they must contact their accommodation provider and caregiver to explain the reason for a breach of curfew.

Curfew Exemption

(11) Students subject to an RMIT CAAW who wish to return to their approved accommodation after 10pm must secure an RMIT University approved Curfew Extension Request (CER). A CER may be approved if the following conditions have been met: 

1. evidence of parental or guardian consent has been submitted
2. the assigned caregiver has acknowledged the CER
3. the accommodation provider has been provided CER details
4. event details, including transport to and from, have been provided to RMIT
5. the student has provided emergency contact details
6. the CER does not exceed 01:00am.

(12) Students who wish to reside with a visiting parent, relative, or legal guardian overnight, or over a series of nights, and not at their approved accommodation, must secure an RMIT University approved Temporary Welfare Waiver (TWW). A Temporary Welfare Waiver may be approved if the following conditions have been met:

1. evidence of parental or guardian consent has been submitted
2. the assigned caregiver has acknowledged the TWW
3. the accommodation provider has been provided TWW details
4. RMIT has received the flight and accommodation details of the parent, relative, or legal guardians.

(13) Students who wish to return to their home-country for a holiday must secure an RMIT University approved Holiday Request. A Holiday Request may be approved if the following conditions have been met:

1. evidence of parental or guardian consent has been submitted
2. the requested dates do not unreasonably impose on relevant study periods
3. the assigned caregiver has acknowledged the Holiday Request
4. the accommodation provider has been provided Holiday Request details
5. RMIT has received students outbound and returning flight details. 

(14) Applications for exemptions detailed under (11) and (12) should be submitted at least three business days prior to the planned absence from their approved accommodation. Applications for exemptions detailed under (13) should be submitted at least two weeks prior to the planned absence from the approved accommodation.

1. Applications submitted later than these deadlines are not guaranteed to be considered in time for the period in the request.
2. Applications for curfew exemptions submitted on weekends, during public holidays, university closure, or after university operating hours, will not be assessed until the next business day.
3. Same day processing and approval of submissions for CER received after 3pm may not be guaranteed.

(15) RMIT University may reject a CER if:

1. the propose arrangements are deemed inadequate;
2. the CER application is incomplete;
3. the CER application is submitted after the nominated curfew extension time;  
4. the student has previously breached curfew without former authorised approval; 
5. the student has a recorded history of behaviours of concern or; 
6. if the exemption is believed to expose the student to undue risk.

(16) If a student can provide evidence of exceptional circumstances for a late check-in, absence, or failure to submit a CER, a formal curfew breach notice may be waived. Exceptional circumstances may include, but are not limited to:

1. illness (with supporting medical documentation);
2. an emergency (with relevant supporting evidence);
3. compelling or compassionate circumstances (with relevant supporting documentation).

Curfew Reporting

(17) PBSAs must report the daily curfew register to RMIT University the following day. 

(18) All breaches and curfew exemptions must be included in curfew report. Exemptions and breaches of curfew may include, but are not limited to:

1. curfew register signed by 10.30pm with valid reason for late signature
2. failure to sign register but is independently confirmed by accomodation provider to be on residence before 10pm
3. any exemption granted by an approved CER, TWW, or Holiday Request, as outlined in clauses (11), (12) and (13).

(19) Homestay hosts are not required to submit a curfew report but are required to comply with Curfew Exemption clauses (11), (12, and (13) and Curfew Breach clauses (21) – (29).

Managing Curfew Breaches

(20) RMIT University will notify accommodation providers with contact details of caregivers assigned to (term for students) and the 24 hour emergency phone line. These details must be maintained and used by accommodation providers. 

(21) If a student subject to RMIT CAAW is moving into new accommodation and does not arrive within an hour of the expected date and time, the accommodation provider must notify the caregiver, the parent or legal guardian, and RMIT University.

(22) The accommodation provider must provide details of the curfew breach to RMIT University no later than the next day and at minimum include the following details:

1. Student name
2. Student RMIT ID number
3. Date of birth
4. Student phone number
5. Time and details of last contact with student
6. Time of last sighting of student
7. Confirmation of actions undertaken to confirm the whereabouts of the student
8. Observations of student behaviour when last sighted or contacted
9. Reported welfare concerns from third parties, where applicable

(23) If a student subject to RMT CAAW is in breach of curfew at their approved accommodation, the accommodation provider must undertake the following actions within 30 minutes of 10pm:

1. Call the student’s mobile phone to confirm student location, movement and safety;
2. If the student does not answer the phone call, conduct onsite check of the student’s room;
3. If the student does not answer the door, the accommodation provider must open the door to conduct a physical welfare check in accordance with house rules.
4. If the student is not onsite or contactable by phone, the accommodation provider must contact the caregiver immediately.
5. If the caregiver is uncontactable, the accommodation provider must immediately contact emergency services and RMIT Security.

(24) When the caregiver is notified that a student has not signed in for curfew, is not present in their room, and is not answering their mobile phone, the following actions are taken:

1. Caregiver staff to attempt to communicate with student within 30 minutes of notification from accommodation.
2. If student answers, check student is safe, confirm location, and confirm how student will safely travel back to accommodation.
3. Notify accommodation provider that student is returning to approved accommodation.
4. Accommodation provider to note time student returns and email details to caregiver and RMIT University (see (22)). 

(25) If the caregiver is unable to contact the student, the sequence of actions between the caregiver and the parent or legal guardian is:

1. Caregiver to immediately contact student’s parents or legal guardians, advise them of breach of curfew, and that they have been unable to contact the student.
2. Caregiver to request the parents or legal guardians attempt to contact the student to confirm exact location, how student will travel safely back to accommodation, and estimated time of arrival.
3. If the parent or legal guardian makes contact with student, they must update the caregiver.
4. Caregiver to update accommodation provider of student's location, travel plans, and proposed time of return to accommodation.
5. Accommodation provider to note time student returns and email caregiver and RMIT University (see (22)). 

(26) Caregiver must provide a written report of the incident to RMIT University by the following morning and at minimum include the following details:

1. Student name
2. Student RMIT ID number
3. Date of birth
4. Student phone number
5. Time and details of last contact with student
6. Time of last sighting of student
7. Confirmation of actions hereto undertaken to confirm the whereabouts of the student
8. Observations of student behaviour when last sighted or contacted
9. Reported welfare concerns from third parties, where applicable

(27) If caregiver or parents or legal guardian cannot establish contact with the student, the following actions occur:

1. caregiver immediately contacts emergency services, RMIT University Security and the student’s 24-hour emergency contact
2. caregiver continues trying to establish contact
3. RMIT University Security advises Critical Incident Management Team (CIMT)
4. RMIT University initiates Missing Student Protocol
5. RMIT University and caregiver consider submitting a police report together. Report will need to show basis for concern in accordance with the following considerations:
   1. Is this out of character?
   2. Is there a history of curfew breach?
   3. Are there any concerns for safety? What is the basis?
   4. Are there any cultural holidays or festive celebrations?

(28) RMIT Under 18 International Student Welfare must report all curfew breaches with welfare concern to Wellbeing Case Management (urgent.studentsupport@rmit.edu.au) as soon as the notification is received.

(29) Repeated breach of curfew or curfew breaches that present unacceptable risk to RMIT University or the student may result in the cancellation of a student’s CAAW in accordance with s9.3 of the ESOS Act (2000). A student may appeal the cancellation of their CAAW in accordance with s9.6 of the ESOS Act (2000).

Responsibilities

(30) RMIT University, approved accommodation providers, and caregiver services are responsible for the provision of curfew information to students upon confirmation of CAAW, accommodation contract, caregiver contract, and upon a student’s arrival in Australia.

(31) RMIT University is responsible for:

1. the provision of the assigned caregiver details to the contracted accommodation provider
2. monitoring and recording curfew reporting and curfew breaches and for issuing curfew breach notices.

(32) Students and parents or legal guardians are responsible for ensuring they are familiar with curfew requirements and all other conditions of a CAAW.

(33) Accommodation providers and caregivers are responsible for the timely reporting of student curfew registration, curfew breaches, welfare concerns, or other activities that may impact a student CAAW.

(34) RMIT Under 18 International Student Welfare is responsible for maintaining curfew breach and curfew register records in accordance with the s.6.8 of the ESOS Act (2000) and for the issuance of curfew penalties, where applicable. The Curfew Breach Penalties table is available in the Appendix below.

(35) The RMIT Youth Wellbeing Senior Advisor and RMIT Under 18 International Student Welfare are responsible for assessing risk thresholds associated with non-critical curfew breaches and determining appropriate action.

(36) The RMIT Youth Wellbeing Senior Advisor and student caregiver are responsible for organising and attending a meeting with students who have been issued a curfew breach notice.

(37) The RMIT Youth Wellbeing Senior Advisor and the RMIT Associate Director Student Services are responsible for:

1. initiating critical incident response when a student cannot be contacted
2. the issuance of final curfew breach notifications and for organising and attending a meeting with the student.

(38) RMIT Under 18 International Student Welfare is responsible for notifying RMIT Enrolment Services of the cancellation of a CAAW and for notifying the Department of Home Affairs of the cancellation of a CAAW via PRISMS.

(39) The Executive Director, Students is responsible for monitoring compliance with this procedure and reviewing the procedure every three years. 

Section 5 - Definitions

Section 6 - Appendix