DEED OF AGREEMENT
BETWEEN
THE DEPARTMENT OF EDUCATION,
TRAINING AND THE ARTS
AND
1 JULY 2006 – 30 JUNE 2009
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THIS DEED OF AGREEMENT is made
BETWEEN: the STATE OF QUEENSLAND through the Department of
Education, Training and the Arts ("the Principal");
AND: ("the Provider").
RECITALS
(a) Australian Apprenticeships Centres operate within a training and employment
system, which is governed by State legislation and administered in each State by
the relevant state training authority. The state training authority in Queensland is
the Training and Employment Recognition Council. The administration of
apprenticeships and traineeships is undertaken by the Department of Education,
Training and the Arts in accordance with decisions of the Training and
Employment Recognition Council. The obligations of the State, in relation to
training administration, are defined under the Vocational Education, Training and
Employment Act 2000 and the Regulations to the Act.
(b) The State is the only authority in matters relating to the administration of
apprenticeships and traineeships in Queensland. The Commonwealth
Government has no jurisdiction in the administration of the structured training
system.
(c) The Principal's role in relation to employment and training is to promote
employment opportunities through a range of strategies and to regulate and
maintain a quality apprenticeship and traineeship system in accordance with the
provisions of the Act.
(d) The Principal will provide to Australian Apprenticeships Centres services which
will allow them to fulfil relevant administrative obligations to the Commonwealth.
(e) Any Australian Apprenticeships Centre that enters into an agreement with the
Commonwealth Government to provide services to employers, apprentices and
trainees in the State of Queensland must agree to comply with the provisions
and/or requirements of:
- The Vocational Education, Training and Employment Act 2000 and the
regulations to the Act;
- All other legislation relevant to their operations;
- Department of Education, Training and the Arts and any other State
Government policy; and/or
- Department of Education, Training and the Arts administrative
procedures.
(f) A contract the Provider has with the Commonwealth Government does not in
any way obligate the Principal to enter into a formal relationship with a Australian
Apprenticeships Centre, or commit the Principal to any of the interpretations,
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provisions or undertakings made by the Commonwealth in the Request for
Tender.
(g) The Provider must agree to disclose to the Principal information in relation to
conflict of interest and contracted area.
(h) If the Principal identifies a possible conflict of interest which is outside those
specified in the Commonwealth contract, the Principal reserves the right not to
enter into or to review its relationship under this agreement if the matter is not
resolved or managed to the Principal’s satisfaction. Queensland will consult with
the Commonwealth, prior to taking any action in relation to a Australian
Apprenticeships Centre for a conflict of interest.
(i) The Provider who accepts a AASS Contract with the Commonwealth will be
expected to enter into this Agreement with the Principal and adhere to
Confidentiality Conditions as detailed in Schedule F in return for the Principals
services as detailed in Schedule C.
(j) The Department of Education, Training and the Arts internet site provides details
on links to public documents and to other departmental sites. The internet site
can be found at:
http://www.trainandemploy.qld.gov.au/
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THE PARTIES AGREE AS FOLLOWS:
1. DEFINITIONS AND INTERPRETATION
1.1 In this Agreement, unless the context otherwise requires, the following
expressions will have the following respective meanings:
"Act" means the Vocational Education, Training and Employment Act 2000 and
associated regulations.
"Agreement" means the Deed of Agreement (this document) including the
Schedules to this document;
"Code of Conduct" means the Code of Conduct for Australian Apprenticeships
Centres as detailed in Schedule A developed and issued by the Principal from
time to time;"
“Council” means the Training and Employment Recognition Council, also
known as the TERC;
"Confidential Information" means as defined in Schedule E
"DETA" means the Department of Education, Training and the Arts.
“AASS” means Australian Apprenticeships Support Services.
“AASS Contract” means the 2006-2009 Australian Apprenticeships Support
Services Contract between the Commonwealth of Australia as represented by
the Department of Education, Science and Training and the Provider regarding
services for the delivery of Australian Apprenticeships Support Services;
"Policy, Protocols and Procedures Manual" means the Policy, Protocols and
Procedures Manual for Australian Apprenticeships Centres developed and
issued by the Principal from time to time;
"Provider" that has entered into a AASS Contract with the Commonwealth
includes the Provider's employees, agents, principals, owners and directors;
“Registration Number” is the number assigned to the approved training
contract of an apprentice/trainee by the Training and Employment Recognition
Council;
"Registration Date" is the date the apprentice/trainee is registered on the State
Training Authority database;
“RFT” means the Commonwealth’s Request for Tender
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“Training Contract” means the formal written contract in the approved form,
between the parties. The training contract is either registered or refused by the
Council in accordance with the Act.
"User Choice" is the flow of State public funding to contracted Supervising
Registered Training Organisations to meet the training choices made by users.
Users are employers, together with apprentices and trainees.
1.2 In this Agreement:
(a) a reference to a person includes any individual, body corporate or any
other legal entity;
(b) the singular includes the plural and vice versa;
(c) words importing one gender include all other genders;
(d) headings have been inserted for ease of reference only and are not
intended to be part of or to affect the meaning or interpretation of any of the
terms and conditions of this Agreement;
(e) a reference to an Act includes all rules, regulations, ordinances or by-laws
made pursuant to it and any legislation amending, consolidating or
replacing it; and
(f) where a word or phrase is given a particular meaning in this Agreement,
other parts of speech and grammatical forms of that word or phrase have a
corresponding meaning.
2. TERM
2.1 The term of this Agreement shall commence on 1 July 2006 and expires on 30
June 2009.
2.2 Clauses 3.1, 10.1, 10.4 survive the expiration or termination of this Agreement.
3. PROVIDER'S OBLIGATIONS
3.1 In return for the Principal supplying the services provided in clause 4, the
Provider will strictly comply with the provisions of this Agreement and the
requirements of the Principal, including -
(a) the requirements of the “DETA Code of Conduct for Australian
Apprenticeships Support Service Providers” as detailed in Schedule A;
(b) the “Principal’s Requirements” as detailed in Schedule D;
(c) the “Confidentiality Conditions” as detailed in Schedule E;
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(d) the disclosure of conflicts of interest as detailed in Schedule F;
(e) the requirements for marketing as detailed in Schedule G;
(f) the “Defining the Employers Relationship with the Provider” as detailed in
Schedule I; and
(g) compliance with the provisions of the Act.
3.2 The Provider acknowledges that failure to comply with the Act may also carry the
consequences as detailed in Schedule H.
3.3. The obligations of the Provider concerning the Code of Conduct and
Confidentiality Obligations as detailed in Schedules A and E survives the
termination of this Agreement.
4. THE PRINCIPAL’S ROLE AND RESPONSIBILITIES
4.1 The Principal’s role, in relation to this Agreement, is defined in Schedule B.
4.2 The Principal agrees to provide the services described in Schedule C for the
term of this Agreement, and subject to the terms of this Agreement.
4.3 The Provider acknowledges that any validation service to be provided by the
Principal, regarding the Status of Training, is based on the currency of the
Principle’s administration system. The accuracy of the system is dependent on
advice from employers, apprentices and/or trainees, including advice as to
changes to the training contract, completions, and the processing time to update
the system. Whilst all reasonable efforts will be made to ensure the system
reflects current details of training, the Principal is not liable for any incorrect
advice.
5. WITHDRAWAL AND ALTERATION OF SERVICES PROVISION
5.1 The Principal reserves the right to withdraw some or all of the services as
detailed in Schedule C, at any time and without notice, where:
(a) The Provider breaches any part of this Agreement; or
(b) The Provider is convicted of an offence under the Act, or
(c) This is necessitated due to a change in State or Commonwealth policy or
legislation.
6. AUDIT PROVISION
6.1 The Principal has the right to conduct any evaluation, audit or inspection in
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relation to any aspect of the Provider’s business relevant to this Agreement.
6.2 Any evaluation, audit or inspection may include, but is not limited to, an
inspection of any premises of the Provider or any documentation, files, records
or other data in any form (whether electronic or otherwise) relevant to this
Agreement.
6.3 The Provider agrees to procure the consent of any agent for the Principal to
conduct an evaluation, audit or inspection in relation to their respective
businesses in terms of sub-clause 6.1 and 6.2 above.
7. PRIVACY AND DISCLOSURE OF PERSONAL INFORMATION
7.1. In this clause, personal information is any information (fact or opinion) that
readily identifies a person – such as name, address, age, payroll number,
education standards/qualifications, physical characteristics, employment history,
financial status, licence number, religion, health information or relationship
details.
7.2. Where the Provider has access to personal information in order to fulfil its
obligations under this contract, it must:
(a) where the Provider is responsible for holding personal information, ensure
that personal information is protected against loss, unauthorised access,
use, modification or disclosure, and other misuse;
(b) where the Provider is required to collect personal information from any
individual for the purposes of the contract, provide a notice to the individual
in the form and manner advised by the Principal
(c) not use personal information other than for the purposes of the contract,
unless required or authorised by law;
(d) not disclose personal information without the written agreement of the
Principal, unless required or authorised by law;
(e) ensure that only authorised personnel have access to personal information;
(f) immediately notify the Principal if it becomes aware that a disclosure of
personal information is, or may be required or authorised by law;
(g) make its employees and agents aware of the Provider’s obligations under
this clause including, when requested by the Principal, requiring those
employees or agents to promptly sign a Privacy Deed;
(h) indemnify the State for any liability arising from a breach by the Provider of
this clause notwithstanding any other provision of this Contract; and
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(i) comply with such other privacy and security measures as the Principal
reasonably advises the Provider in writing from time to time.
7.3. The Provider must immediately notify the Principal if it becomes aware of any
breach of the above clause.
8. CONFIDENTIALITY
8.1. The Provider acknowledges that the Act prohibits disclosure of information
acquired in the performance of functions or the exercise of powers under the
Act unless authorised.
8.2. The Provider is required under the Act to enter into a confidentiality
agreement with the Principal to operate within the training administration
system in Queensland. For these purposes, the Provider agrees to strictly
comply with the provisions of Schedule E.
8.3. In addition to any other liability arising out of this Agreement, the Provider will
be liable for all losses, damages, costs or expenses suffered by the Principal
for any failure to comply with the obligations as detailed in Schedule E, or any
failure on the part of its employees or agents to comply.
8.4. The Provider acknowledges that the value of confidential information to the
Principal is such that an award of damages or an account of profits may not
adequately compensate the State in the event of a breach of this Agreement
by the Provider. The Provider acknowledges that, without in any way
compromising its right to seek damages or any other form of relief in the event
of a breach of this Agreement, the Principal may seek and obtain an ex parte
interlocutory or final injunction to prohibit or restrain the Provider and/or its
employees and/or agents from any breach or threatened breach of this
Agreement.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 The Provider acknowledges that the Principal is the owner of all intellectual
property rights of confidential information, as defined in Schedule E, that is not
Commonwealth documentation, or any other documents prepared and published
by or under the control of the State, whether those rights arose prior to, during or
subsequent to the provision of the services under the Agreement.
9.2 In addition to any other liability arising out of this Agreement, the Provider will be
liable for all losses, damages, costs or expenses suffered by the Principal for any
breach of the intellectual property rights of the Principal described in Clause 9 by
the Provider, its employees and agents.
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10. RETURN OF CONFIDENTIAL INFORMATION
10.1 The Provider shall return all records containing the confidential information to the
Principal immediately upon -
(a) the termination or expiry of the AASS Contract;
(b) the termination of this Agreement;
(c) closure of the Provider's business; or
(d) the written demand of the Principal.
10.2 Upon the occurrence of any of the events referred to in clause 10.1, the Provider
shall not retain or remove from the premises where the services under the
Contract are performed, any record, representation or reproduction (written,
electronic, photographic or otherwise) of the confidential information.
10.3 The Principal has the right to conduct any evaluation, audit or inspection in
relation to any aspect of the Provider’s business relevant to compliance with the
provisions of Clause 10, including without limitation, any inspection of the
premises of the Provider or any relevant documentation, files, records or other
data in any form (whether electronic or otherwise) that is not Commonwealth
documentation. The Provider agrees to procure the consent of its employees or
agents to any evaluation, audit or inspection of this type.
10.4 If the Provider is required to return the confidential information in accordance
with clause 10.1 and the Provider is aware that the records containing the
confidential information are not in its control, then the Provider shall provide full
particulars to the Principal of the whereabouts of the confidential information and
the identity of the person who has custody.
10.5 If the Provider is required to return confidential information as a consequence of
circumstances detailed in Clause 10.1 (a), (b), (c) or (d), and all or part of the
confidential information relates to the Providers contract with the
Commonwealth, then the Provider will retain or return the confidential information
to the Commonwealth in accordance with the contract.
11. INSURANCE
11.1 The Provider will maintain all insurances as required by its AASS Contract for the
term of this Agreement
11.2 The Provider will upon request by the Principal produce evidence of the
existence and currency of the policies of insurance required under Clause 11.1.
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12. INDEMNITY
12.1 The Provider will indemnify and keep indemnified the Principal (and the
Principal’s servants and agents) from and against all actions, proceedings,
claims, demands, costs, losses, damages, liabilities and expenses which may be
brought against or made upon or which the Principal may be put to in connection
with or arising out of this Agreement, whether in respect of loss of life, personal
injury or damage to property, and the Provider releases and discharges the
Principal from all such actions, proceedings, claims or demands which but for the
provisions of this clause might be brought against or made upon the Principal by
the Provider.
13. ASSIGNMENT
13.1 The Provider will not assign the benefit of this Agreement or any part of this
Agreement except with the prior consent in writing of the Principal which consent
may be given, withheld or granted subject to conditions as the Principal in its
absolute discretion may think fit.
13.2 The Provider will be fully responsible for ensuring that agents adhere to the
terms of this Agreement, including the Act and any other government
requirements, regulations and legislation.
14. COMPLIANCE WITH LAWS
14.1 The Provider will comply with all laws for the time being in force in Queensland
which may in any way relate to the performance of the Provider's obligations
under this Agreement and must not do or permit to be done any act which may
conflict with any such laws.
15. TERMINATION
15.1 The Principal will be entitled to immediately terminate this Agreement by notice in
writing to the Provider if:
(a) the Provider fails to comply with any of its obligations under this
Agreement;
(b) the Provider ceases to carry on business;
(c) the Provider becomes bankrupt; enters into liquidation (other than for the
purpose of reconstruction); an application is made or a resolution is passed
for the winding up of the Provider; a receiver or official manager is
appointed; the Provider enters into a deed of arrangement or composition
with creditors; or any other step in insolvency proceedings is taken by or
against the Provider; and
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(d) the Provider refuses or obstructs a reasonable request by the Principal to
inspect or view records held by the Provider in the process of investigating
a possible breach of this Agreement by the Provider.
15.2 Termination of this Agreement under clause 15.1 will be without prejudice to:
(a) such other rights as the Principal may have against the Provider; or
(b) any rights which may have accrued to either party in respect of any
antecedent breaches.
15.3 This Agreement ceases with the Provider on the termination of the AASS
Contract with the Commonwealth.
15.4 The Principal may terminate this Agreement immediately if this is necessitated
due to a change in State or Commonwealth policy and/or legislation.
16. PROVIDER NOT REPRESENTATIVE OF THE PRINCIPAL
16.1 The Provider is not by virtue of this Agreement the servant, agent, representative
or partner of the Principal.
16.2 The Provider will ensure that its servants and agents will not at any time conduct
themselves in such a manner as to infer to third parties that the Provider is the
servant, agent or representative of the Principal.
17. CLAUSE OF CONVENIENCE
17.1 In the event of changes to State and/or Commonwealth Government policy
and/or legislation, the Principal reserves the right to review and amend any
part of this Agreement and other supporting documentation. Consultation
between the Principal and the Provider and/or the Commonwealth will occur
prior to the review and amendment of this Agreement.
18. VARIATION OF CONTRACT
18.1 No variation to this Agreement will be valid unless it is in writing and signed by
both parties except as otherwise provided for this Agreement.
19. ENTIRE AGREEMENT
19.1 The terms of the Agreement between the parties are those as detailed in this
Agreement and no written or oral agreement, arrangement, or understanding
made between the parties prior to the date of this Agreement will in any way be
read or incorporated into this Agreement.
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20. GOVERNING LAW
20.1 This Agreement will be governed by and construed according to the laws of the
State of Queensland and the parties agree to submit to the jurisdiction of the
courts of Queensland.
21. ENTIRE AGREEMENT
21.1 The terms of the Agreement between the parties are those as detailed in this
Agreement and no written or oral agreement, arrangement, or understanding
made between the parties prior to the date of this Agreement will in any way be
read or incorporated into this Agreement.
22. TIME OF THE ESSENCE
22.1 Time will be of the essence of this Agreement in all respects.
23. WAIVER
23.1 A failure or delay at any time by either party to enforce any clause of this
Agreement will not be interpreted as a waiver of that party's rights under that
clause. A waiver by a party of a breach of a clause of this Agreement on a
particular occasion will not operate as a waiver of:
(a) any subsequent breach of that clause; or
(b) a breach of any other clause.
23.2 No right under this Agreement will be deemed to be waived unless such waiver
is in writing signed by the party waiving the right.
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24. NOTICES
24.1 Any notice, application, request or consent ("notice") required to be made or
given under this Agreement will not be valid unless it is in writing and forwarded
to the following respective addresses:
(a) for the Principal:
General Manager
Training, Quality and Regulation
Department of Education, Training and the Arts
Level 5
Education House
30 Mary Street Locked Mail Bag 527
Brisbane Qld 4000 GPO BRISBANE QLD 4001
Fax: 07 3235 4345
Email: sirt@det.qld.gov.au
(b) for the Provider:
Fax:
Email:
24.2 A notice will be deemed to have been given:
(a) if sent by prepaid mail, on the business day following its posting;
(b) if delivered, on the date of delivery; or
(c) if faxed, upon an apparently successful transmission being noted by the
sender's facsimile machine; or
(d) if emailed, upon a return email advising of delivery of the successful
delivery of the message.
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EXECUTED as an Agreement.
Signed for and on behalf of the STATE OF )
QUEENSLAND )
by Di Orr, A/General Manager, Training, ) ______________________
Quality and Regulation, Department of Education, )
Training and the Arts, a person duly authorised )
this ________ day of __________________ 2006 )
in the presence of: )
)
________________________________________ )
Witness )
)
Signed for and on behalf of the )
)
)
)
Signed by ________________________________ ) ______________________
this ________ day of __________________ 2006 )
in the presence of: )
)
)
_____________________________________ )
Witness )
AGREEMENT ... 15
SCHEDULE A
DETA CODE OF CONDUCT FOR AUSTRALIAN APPRENTICESHIPS SUPPORT
SERVICE PROVIDERS
The Providers' staff, their representatives and/or Agents will at all times:
• Acknowledge to each client that the State, is the only authority in matters relating
to state training administration in Queensland;
• Explain to each client the role, responsibilities and rights of the Principal;
• Not imply or purport to represent, or be agents of, the Principal;
• Place the employer, trainee and/or apprentices as a key client above all other
stakeholders and commercial considerations;
• Exercise a duty of care to properly inform and explain to employers, apprentices
and trainees relevant information concerning current State training and
employment policy, programs, services and responsibilities, including current
State incentives, subsidies, funding arrangements and training fees/charges.
The Provider can refer clients to the Principal for further information on any State
training administration issues;
• Operate in accordance with the Act and its Regulations, and all other relevant
State training and employment legislation including policies, decisions and
procedures which support such legislation;
• In dealings with clients in Queensland, Australian Apprenticeships Centres should
recognise that the terms apprenticeships and traineeships are widely used and
accepted by employers and recognised by the Principal;
• Inform employers, apprentices and trainees of their rights and obligations under
an training contract and training plan; and,
• Work with the State training authority to ensure that a positive reputation and
outlook is promoted to key stakeholders and the community.
Third Party Arrangements
Where the Provider seeks to make payments to a third party undertaking services
contracted by the Commonwealth to Australian Apprenticeships Centres, then this
third party must be formally recognised as an agent as required under Clause 13 of
this Agreement.
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Where the Provider seeks to enter into an agency arrangement with a third party, the
identity (legal and trading name) and area of activity of the third party must be
provided to the Principal. This will require confirmation by the Principal that all
relevant conditions of this agreement will apply to that third party or agent. These
will be dealt with as in Schedule F "Conflict of Interest/Serious Matter of Concern".
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SCHEDULE B
THE PRINCIPAL’S ROLE
Key Objectives:
• A key priority outcome for the Government is more jobs for Queensland – skills
and innovation – the “Smart State”. The Principal contributes to this through
improved access to and opportunity for employment and enhanced quality of life.
Role, Responsibilities and Duties of the Principal:
The role of the Principal includes but is not limited to:
• the delivery of employment and job creation programs;
• accreditation of training programs, courses, etc;
• regulation of structured training arrangements;
• registration of registered training organisations;
• auditing/monitoring training arrangements;
• policy development in relation to administration of public funding;
• monitoring the Provider’s performance in relation to the requirements for
apprenticeship and traineeship administration; and,
• referral to the Commonwealth Department of Education, Science and Training
(DEST) results of investigations into potential fraudulent activity have been found
to have substance
The Principal is responsible for aspects of the administration of the Training System,
which includes:
• electronic receipt of training contracts;
• registration of approved apprentices/trainees;
• monitoring of training contracts;
• purchasing training delivery under User Choice or other contracts;
• administering structured training arrangements;
• protecting the rights of the parties to the training contract; and,,
• approving and processing State incentives and payments.
Under delegation from the Training and Employment Recognition Council, the
Principal has the duty under the Act to consider whether to:
• approve, cancel or repeal training contracts;
• repeal registrations of apprentices/trainees where information contained in the
training contracts are subsequently found to be false or misleading;
• refuse approval of the training contract where the requirements of the Act are not
met;
• undertake any administrative review and/or investigation relating to training
administration and/or the training administration system;
• take action for non-compliance with the Act and its regulations; and,
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• prosecute for breaches of the Act and its regulations;
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SCHEDULE C
PRINCIPAL’S SERVICE
The Principal will provide the following services to the Provider:
• the provision of, or access to, the apprentice’s or trainee’s registration number;
• The validation of the Status of Training;
• advice and information on general training administration matters;
• access to support and professional development in training administration and
the Skilling Queenslanders for Work initiative; and,
• access to relevant documents/publications for dissemination to clients regarding
the apprenticeship and traineeship system
The timing, delivery and extent of the services mentioned above will be at the discretion
of the Principal.
Professional Development
The Principal will provide ongoing professional development via publications,
information briefs, meetings and/or seminars as determined by the Principal in matters
relating to training administration and the Skilling Queenslanders for Work initiative.
The timing, delivery and extent of this service are at the discretion of the Principal.
Issues Resolution
The Principal will provide a resolution process to deal with training contract
administration issues where the Provider has intervened/provided advice and no
resolution between the parties has been obtained. Preference is for matters to be dealt
with at the lowest appropriate organisational level as or when they arise using
established communication channels. If resolution cannot be achieved expeditiously,
issues are to be escalated through the appropriate Assistant Regional Director Training
and/or Manager, Stakeholder and Industry Relations, Training Services. Further
escalation to the General Manager, Training, Quality and Regulation, can occur where
necessary.
Termination of Service
In the instance of this Agreement being terminated or withdrawn, all communication by
the Principal in relation to training administration will be directly with parties to the
training contract.
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SCHEDULE D
PRINCIPAL’S REQUIREMENTS
In accordance with the above statements, the Principal requires the Provider to:
• comply with the Australian Apprenticeships Centres Policy, Procedures and Protocol
Manual as developed by the Principal for the Provider's use.
• comply with the commitments set out in the Code of Conduct, as set out in Schedule
A.
• Be the first point of contact for employers, apprentices and/or trainees during the
term of the training contract
• immediately refer to the Principal full and complete details of any suspected or
actual breach of the Act or this Agreement;
• actively participate with the Principal in seeking to streamline training contract
management processes during the life of the Agreement through representation at
agreed forums and working groups; and
• comply with the Principal’s data management requirements with respect to
processes which support the interface between the Provider and the Principal.
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SCHEDULE E
CONFIDENTIALITY CONDITIONS
The Vocational Education, Training and Employment Act 2000 prohibits disclosure of
information acquired in the performance of functions or the exercise of powers, under
the Act unless authorised.
The Provider is required by the Commonwealth, for administration purposes, to retain a
copy of the training contract submitted for approval, and the following is a summary of
the confidentiality obligations of the Agreement.
Confidential Information includes:
• all information concerning apprentices, trainees and their employers detailed in
training contracts, copies of training contracts and documents attached to those
training contracts including addenda;
• file notes in relation to the training contracts held by the Provider;
• information acquired by the Provider as a result of providing the services under the
contracts; and,
• extends to all forms of storage or representation of that information including, but
not limited to, loose notes, diaries, memoranda, electronic storage, computer print
outs.
Obligation of Provider
The Provider shall not disclose or receive confidential information unless the disclosure
or receipt is:
• approved in writing by the Principal and the parties to the training contract; or,
• Required by law.
The Provider shall:
• use or disclose the confidential information for the purpose of meeting the
Provider's obligations under their Commonwealth contract;
• take all reasonable action to ensure that the confidential information is protected
against loss, theft, unauthorised access, use, modification, disclosure or other
misuse;
• inform the Principal in full detail of any theft or unauthorised disclosure of the
confidential information as soon as the Provider becomes aware of the theft or
disclosure;
• not destroy any copies of the training contracts or other confidential information;
and,
• keep a record of all past and present employees, or agents who are authorised to
have access to confidential information.
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SCHEDULE F
CONFLICT OF INTEREST
Conflict of Interest / Serious Matter of Concern
Where a potential conflict of interest or matter of serious concern is brought to the
attention of the Principal the primary aim is to resolve such through consultation with
stakeholders including the Provider concerned and the Commonwealth. The
following process will be adopted as a means of resolving the issue:
a. The conflict of interest or matter of serious concern will be raised with the
Provider and a right of response inclusive of, where applicable, strategies for the
management of the matter/conflict of interest provided for.
b. Should the issue be of such a serious nature or the Provider fails to respond or
manage the matter, the Principal will immediately bring it to the attention of the
Commonwealth for appropriate consultation and necessary action.
c. Following consultation with the Provider and the Commonwealth, a period of time
will be set for the conflict of interest or matter of concern to be managed or
resolved. The maximum period of time will be three months.
d. Should the Provider fail to manage or resolve the matter and the Commonwealth
be unwilling or unable to act under its contract arrangements, following the lapse
of a set time period, the Principal will initiate action in terms of its business
relationship with the Provider in question and inform the Commonwealth
accordingly. In this respect, such action could include the withdrawal of services
provided to the Provider by the Principal.
e. Should the business relationship between the Principal and the Provider cease, the
Principal will be prepared to review this decision upon further consultation with the
Provider and the Commonwealth in order to resolve the issues of concern.
Examples of Conflict of Interest (NB this is not intended to be an exhaustive
list)
• Provision of information from a training contract to a registered training
organisation in which the Australian Apprenticeships Support Service has an
interest;
• Preferred supplier arrangement with a registered training organisation, which, in
the opinion of the State, compromises User Choice;
• Australian Apprenticeships Support Service agencies or staff who derive
payment, reward or preferred supplier arrangements from other sources,
including but not limited to:
• Industry Training Advisory Bodies (ITABs);
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• Group training organisations;
• Commonwealth or State Government agencies;
• Other Government funded agencies involved in training and employment; and
• Other organisations with a vested interest in training or employment.
Disclosure of Conflict of Interest
Each Australian Apprenticeships Support Services provider must:
• provide to the Principal, at the time the Contracts are signed, information in
relation to conflict of interest;
• advise the Principal of any new or changed relationship with an organisation,
individual or enterprise, which may affect actual or perceived conflicts of interest;
• advise the Principal of the means by which any potential conflict of interest is to
be addressed, such as establishing a separate and discrete legal entity for the
purpose of the Providers activity;
• advise the parties to a training contract of any considerations, which will be made
or received by the Provider, from any person other than the Commonwealth
Government; and,
• declare any actual or perceived conflicts of interest of the Provider to the parties
to a training contract.
The Principal will consult with the Commonwealth prior to taking any action in
relation to a Australian Apprenticeships Centre for a conflict of interest.
AGREEMENT ... 24
SCHEDULE G
MARKETING
The training contract is a form authorised by the Training and Employment
Recognition Council under its delegations. It is the property of the Principal and is
provided to the Provider as part of a streamlined service to employers. The Provider
is not permitted to attach or affix any marketing material which would imply the
training contract is the property of the Provider or that the Provider is an agent of the
Principal.
In dealing with clients, providers should advise employers, apprentices and trainees
that, in Queensland, Australian Apprenticeships are known as apprenticeships and
traineeships.
The Providers' promotional personnel, their representatives or agents are to ensure
that the information provided to employers, apprentices and trainees and other
interested parties, is factual and accurate including industrial relations arrangements.
The Provider must:
• ensure that information provided to employers regarding the Principal's
employment incentives is accurate, current and appropriate to the employer;
• inform employers of the right to choose the registered training organisation to
supervise their training plan from those registered training organisations with a
User Choice contract;
• inform employers of the full range of approved training schemes available for
their industry sector and training needs, including industrial relations
arrangements;
• make appropriate referrals to the responsible authority;
• market Skills Recognition and other Recognition of Prior Learning (RPL)
processes as alternatives to apprenticeships and traineeships where individual
circumstances warrant; and,
• ensure promotional material developed for use in Queensland advises
employers, apprentices and trainees that, in Queensland, "Australian
Apprenticeships" are known as apprenticeships and traineeships.
AGREEMENT ... 25
SCHEDULE H
PENALTIES
The Act and the associated Regulations govern the Training Administration System
in Queensland. The Provider should be aware that a review of the Act and its
Regulations may occur during the contract period with the Commonwealth.
A breach of any section or regulation of the Act carries a financial penalty and may
result in the withdrawal of the Principals services.
It should be noted that to induce others to breach any provision of the Act, by
commission or omission, is likely to be treated as a breach of that Act and/or as a
common law offence and in addition, may give rise to civil action by the Principal, the
employer and/or the apprentice or trainee for any damages arising from improper
interference with any contractual obligations that may exist between or among the
parties. For example, upon repeal of registration, an employer may be asked to
refund state incentive payments. In such a case, the employer may choose to sue
whoever induced them to enter into the arrangement in the first place. The Principal
may also initiate prosecution action against any offending third party in respect to the
same matter.
Please note that the Provider may be called as a witness to give evidence or to
explain their role in the offence.
In addition, the details of any Provider found guilty of an offence under the Act will be
referred to the Commonwealth Department of Education, Science and Training.
Any breach of the Contract or matters of concern, which may compromise the
apprenticeship and traineeship system in Queensland, will be referred to the
Commonwealth for its consideration and action. This referral would be over and
above (may be concurrent or subsequent to) any actions taken independently by the
Principal. At the discretion of the Principal, any breach of matters may be referred to
the Training and Employment Recognition Council and/or the Minister.
Any report of inappropriate or unethical behaviour of the Providers will be cause for
investigation and appropriate action. The Principal will utilise any remedy or avenue,
which is available to it, to manage inappropriate or unethical behaviour.
AGREEMENT ... 26
SCHEDULE I
DEFINING THE EMPLOYER’S RELATIONSHIP WITH THE PROVIDER
The Principal will deem that a relationship exists between the Provider and an
employer, in terms of the requirements and services of the Agreement, upon
notification to the Principal of the Provider’s name and lodgement of the training
contract.
This relationship will be deemed to exist regardless of who marketed the
apprenticeship/traineeship to employer or assisted the employer with the training
contract.
Any formal or informal third party relationship, as mentioned above, will not diminish
the employer's relationship with the Provider.