STANDARD TERMS AND CONDITIONS by xJEW4M

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									User Choice Business Rules
     and Service Standards
                    Version 1.0
Contents
History of amendments ........................................................................................................ 1
User Choice and its background .......................................................................................... 2
Funding Criteria for Apprenticeships and Traineeships in Tasmania ................................... 4
User Choice Purchasing Arrangements ............................................................................. 27
User Choice Service Standards ......................................................................................... 34
The TrainingNet Confidentiality Agreement ....................................................................... 45




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History of amendments

Date        Version     Description               Author

25/11/09    1.0         New document introduced   Purchasing and Contract
                                                  Management




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User Choice and its background

User Choice refers to the policies and funding mechanisms that allow
employers, together with the apprentices and trainees they employ, to:

      Choose which registered training organisation (RTO) will provide them
       with structured training services and

      Negotiate key aspects of the training, such as where, how and when it
       is provided.

The choice of RTO may be limited in some cases, such as where there are
small numbers (a "thin market"), but the objectives are the same.

Each State and Territory determines the policies regarding User Choice and
the amount of funds RTOs receive for providing structured training to each
apprentice and trainee. Employers and apprentices/trainees may also be
eligible for government assistance in meeting the costs of the apprenticeship
or traineeship, such as employer incentives travel and accommodation
allowances.

User Choice works in conjunction with the Australian Apprenticeship System,
whereby apprentices and trainees (also known in some jurisdictions as
Australian Apprentices) enter legally binding Training Contracts with their
employers. The apprentice/trainee and employer negotiate with an RTO of
their choice to deliver structured training to achieve a nationally recognised
qualification. Employment may be full time or part time and the structured
training may be delivered at the premises of the RTO, at the workplace, by
various forms of distance education, or by a combination of any of the delivery
modes. To find out more about Australian Apprenticeships, visit the Australian
Apprenticeship website.

All States and Territories offer User Choice, although some do not use the
term.

In May 1997 Ministers endorsed a number of national principles for the
implementation of User Choice. These principles inform the Tasmanian
arrangements for funding of training for apprenticeships and traineeships
(also referred to as Australian Apprenticeships). National principles for User
Choice were subsequently amended by Ministers in November 2000. At that
time Ministers also agreed that States and Territories would publish
information regarding the criteria used to determine the availability of public
funding for apprentices and trainees together with criteria that inform the
decisions as to which qualifications will be funded under User Choice
arrangements.

The Funding Criteria identifies criteria, based on the nationally endorsed
principles referred to above, that inform decisions regarding:
                eligibility of apprentices and trainees to access public funding
                 for their training;

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                which qualifications will become funded apprenticeships and
                 traineeships under User Choice arrangements; and
                funding of training organisations.

Access to State and Commonwealth concessions, incentives and subsidies is
determined elsewhere and is not necessarily related to funding arrangements.




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                                                                                      Schedule 1

Funding Criteria for Apprenticeships and Traineeships in Tasmania

1.         KEY TERMS
           Any interpretation of this document will require familiarity with the
           following terms.
1.1.       Apprentice and Trainee
           An apprentice or trainee is:
               a signatory to a training contract (also signed by an employer) that
                has been approved by the Tasmanian Training Agreements
                Committee;
               involved in paid employment under appropriate industrial
                arrangements; and
               undertaking a structured training program that involves obtaining a
                nationally recognised qualification.
    1.2    Apprenticeships / Traineeships
           An apprenticeship or traineeship is an employment based training
           arrangement where an apprentice or trainee has the opportunity to
           combine practical experience in the workplace with structured training.
           An apprenticeship or traineeship meets conditions recommended or
           required for the achievement of a qualification outcome under a training
           contract. The qualification may be linked to a course or a training
           package and will be recognised within the Australian Quality Training
           Framework.
           NOTE: The availability of a qualification as an apprenticeship or
           traineeship for regulatory purposes does not automatically grant the
           provision of public funds to support that apprenticeship or traineeship
           (see also funded apprenticeships and traineeships at 2.4). Before
           marketing a qualification as a funded apprenticeship or traineeship,
           stakeholders should ensure that it is included in the List of
           Apprenticeships and Traineeships and that funding is available.
    1.3    Existing (Continuing) Employees1
    13.1 Except for those qualifications listed in the Funding for Existing
         Workers in Traditional Trades Initiative existing (continuing) employees
         are generally not eligible for funding as apprentices or trainees. The
         following clarifies the situation regarding existing employees.
    1.3.2 An individual shall be deemed to be an existing employee if he/she has
          been employed for more than 3 months on a full-time basis or more
          than 12 months on a part-time or casual basis by the employer with
          whom he/she is entering into a training contract.
    1.3.3 In cases where there has been a change in the employment basis from
          casual or part-time into full-time, an individual will be deemed to be an
          existing employee if, prior to entering into a training contract:


1
    This term reflects the requirements for access to Commonwealth incentives and subsidies.
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           the period of service as a full time employee exceeds 3 months;
            or
           the period of service as a full time employee is less than 3
            months but the combined period of service as a part time, casual
            and/or full time employee exceeds 12 months.
1.3.4 An individual progressing from one AQF level to another under a
      training contract will not be deemed an existing employee if a new
      training contract is entered into within 12 months of the completion of
      the previous training contract. This applies whether the higher level
      qualification is in the same field or a different field and provided that at
      the time the first training contract was signed the apprentice or trainee
      was a new employee as defined in this section. (For example, a
      person may be recruited by a retail computer shop. The employer
      requires the employee to have some basic IT skills and signs the
      person to a Certificate II in Information Technology. As the position
      also involves retailing, upon completion of the Certificate II contract the
      employer progresses the trainee to a Certificate III in Retail Operations.
      However, User Choice funding would not be available if the employer
      signed this person into a Certificate II in Retail Operations.)
     NOTE: If the previous training contract was cancelled the sign up in the
     higher level qualification is not regarded as a progression.
1.3.4 This term excludes any employment undertaken by an individual while
      an enrolled school student. A school student is as defined under the
      Education Act 1994 (Tasmania) on The Tasmanian Legislation
      Website.
1.3.5 For the purposes of these guidelines, “existing employee” has the
      same meaning as “existing employee” as outlined in Section 5 of the
      Long Service Leave Act 1976 on The Tasmanian Legislation Website.
     An example of what this can mean, is that, where a business is
     transferred from one owner to another and a person who at the time of
     the transfer was an employee in that business the employee becomes
     an employee of the new owner of the business, and:
     (a)    the continuity of the employment of that employee is deemed not
     to have been broken by reason of the transmission; and
     (b)    the period of employment of the employee with the new owner of
     the business includes the period of employment with the former owner.
     For the purposes of this, if a break in employment is 6 months or more
     then an apprentice or trainee is deemed to be a new employee.
     In implementing User Choice in Tasmania, this situation will also apply
     when a contract of employment is transmitted to a new employer,
     although the business does not change hands, and the employee
     continues to work in that business (as in a group training arrangement).
1.3.6 An existing worker who wishes to undertake an apprenticeship in a
      traditional trade area is eligible for funding under User Choice if the
      qualification is listed on the Funding for Existing Worker Initiative
      schedule of Funded Qualifications.
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      In cases where existing workers are required to gain trade
      qualifications arising from an enterprise policy or licensing requirement,
      funding will not generally be provided.
1.4   Funded Apprenticeships and Traineeships
      A funded apprenticeship or traineeship is an apprenticeship or
      traineeship that has been approved, by the General Manager, Skills
      Tasmania, as meeting the requirements for funding under User Choice
      arrangements in Tasmania. When approved, these are listed on the
      List of Apprenticeships and Traineeships.
1.5   Part-time Apprenticeship or Traineeship
      For the purposes of eligibility for funding of structured training, an
      apprentice or trainee may also be employed on a part time basis.
      Unless otherwise approved by the Tasmanian Training Agreements
      Committee (TTAC), the following conditions apply to part time training
      contracts:
       the maximum term of the contract is no more than twice the original
          term;
       the minimum term is no less than the original term plus half the
          original term;
       employment is for a minimum of 20 hours per week and can only be
          varied by application to TTAC;
       training time is paid employment time;
       appropriate industrial arrangements must be in place; and
       all other conditions specific to the pathway must be fulfilled.
       structured training must be completed in a time which does not
          exceed twice the nominal time allocated to complete an equivalent
          full-time apprenticeship or traineeship.
      Not all apprenticeships/traineeships are available on a part-time basis.
      The availability of a traineeship or apprenticeship on a part-time basis
      is indicated on the List of Apprenticeships and Traineeships.
1.6   School based Traineeship
      School based traineeships have been designed to allow young people
      to commence employment based training while completing year 11 and
      12 of their education.
      A Tasmanian school based trainee must meet all of the following
      criteria concurrently:
         a school student under the Education Act, 1994; and
         a party to a training contract (also signed by the employer) that has
          been approved by the Tasmanian Training Agreements Committee
          (TTAC) and undertaking paid work with structured training under
          that training contract; and
         must be undertaking between 600 and 800 annual hours of
          combined off-the-job education and training. The off-the-job hours
          of education and training cannot be less than 600 hours and must
          not exceed 800 hours annually. This incorporates TCE study and

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          the structured training required to achieve a nationally accredited
          VET qualification and must include the TCE syllabus 11/12 VS708C
          Vocational Placement.
      The availability of a traineeship as a school based traineeship is
      indicated on the List of Apprenticeships and Traineeships.
1.7   Structured training
      Structured training comprises training and assessment activities:
          recommended or required for the achievement of a qualification
           outcome recognised within the Australian Quality Training
           Framework whether linked to a course or training package; and
          defined as part of the course documentation or training package.
1.8   Training Contract
      This is a legally binding contract between an employer and an
      employee. The training contract allows the employee to undertake
      training which leads to a nationally recognised qualification. The
      training contract specifies an indicative term which is an indication of
      the time required to complete the training required to be awarded the
      qualification. Under the contract, the employee and employer agree to
      fulfill their obligations in undertaking or supporting the training. The
      obligations of both parties to a training contract are detailed in the Code
      of Good Practice which can be accessed at the Australian
      Apprenticeships website. The training contract must be approved by
      the Tasmanian Training Agreements Committee.
1.9   Training Package
      This is the endorsed national specification of training and assessment
      outcomes required by a particular industry to gain a qualification in a
      specific occupational area.
      Training packages make available a range of pathways to qualifications
      under the Australian Qualification Framework. Apprenticeships and
      traineeships are specific pathways to a qualification.
      For the purposes of apprenticeships and traineeships, where training
      packages are not available, a qualification outcome recognised within
      the Australian Quality Training Framework linked to a course can be
      utilised.
1.10 Training Program
      A training program is a structured approach to the development and
      attainment of competencies for a particular qualification by an
      apprentice or trainee. The program documents the on-the-job training,
      off-the-job training and assessment requirements.
1.11 Training Program Outline
      The training program outline indicates the training program to be
      undertaken by the apprentice or trainee. It must be signed by the
      registered training organisation which will issue the qualification, and
      attached to the training contract.


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 1.12 Training Plan
       The training plan details the specific training arrangements for an
       individual trainee or apprentice and is agreed between the enterprise,
       trainee or apprentice and the registered training organisation. It must
       meet the minimum requirements laid out in the User Choice Service
       Standards.
2.     TASMANIAN APPRENTICESHIP & TRAINEESHIP FUNDING
       CRITERIA
    These funding criteria will be kept under review as issues, which may
    arise from the implementation of User Choice arrangements, are resolved
    at State and national levels.
2.1    Funding of Training for Apprentices and Trainees
     The criteria below apply to full-time and part-time apprentices and
     trainees.
     Access by apprentices/trainees to public funding for structured training
     which leads to a nationally recognised qualification and which is delivered
     by or under the auspices of a registered training organisation will be at the
     discretion of the State
     The following criteria define a person’s eligibility for funding of their
     training while under a training contract as an apprentice or trainee:
Criterion AT1
     Individuals who meet all of the following defining characteristics are
     eligible for funding as apprentices or trainees. An apprentice or trainee is:
      signatory to a training contract (approved by, the Tasmanian Training
       Agreements Committee) which will facilitate the objectives of the
       training program, and is employed under an award, registered
       agreement or other contract of employment recognised by State or
       Commonwealth legislation;
      involved in paid work and structured training which may be delivered on
       and off the job; and
      undertaking a negotiated training program responsive to client choice
       that involves obtaining a nationally recognised qualification (meeting a
       specified package of endorsed standards).
     Apprentices/trainees who meet the defining characteristics under this
     criterion are “Australian Apprentices”, irrespective of the industrial
     relations arrangements under which the apprentice/trainee is employed,
     and whether the training program is based on a qualification from an
     accredited course or training package.
Criterion AT2
     Subject to Criterion AT3, eligibility for a publicly funded place as an
     apprentice or trainee will be based on an individual:
        falling within the definition of an apprentice or trainee;
        not being an existing employee, as defined at 2.3, in the enterprise
         in relation to which the training will take place; or
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           being an out-of-trade apprentice/trainee.
Criterion AT3
      For individuals meeting the definition of an apprentice or trainee and who
      are existing employees of the enterprise in relation to which the training
      will take place, the State may, at its discretion, negotiate to fund the
      structured training delivery for that individual where:
          training has not traditionally been available for an industry or
            occupation;
          such funding is consistent with the priorities set by the State; or
          any other extenuating circumstances exist.
      Funding referred to in this criterion may not extend to payment of State
      concessions and subsidies but, will include payment of prescribed travel
      and accommodation allowances, where relevant.
Criterion AT4
      For individuals meeting the definition of an apprentice or trainee and who
      hold a prior, higher- (or same) level qualification that has been publicly
      funded within the past five years, either in whole or in part, which is in a
      related field2, are not eligible to receive funding for training in an
      apprenticeship or traineeship.
      However, individuals who hold any qualification that has been publicly
      funded, either in whole or in part, in an unrelated field are eligible to
      receive public funding for training in an apprenticeship or traineeship.
Criterion AT5
      Only Tasmanian residents who are employed in Tasmania are eligible for
      funding. For the purposes of this criterion, 'Tasmanian resident' includes
      refugees who hold a temporary protection visa, but not other persons who
      are not Australian citizens or do not have permanent residence status.
NOTE: Apprenticeships & Traineeships for School Students
      As far as possible, the criteria relating generally to apprenticeships and
      traineeships will also apply to apprenticeships and traineeships in schools.
      Funding for structured training for school based apprenticeships and
      traineeships will be in accordance with the published User Choice funded
      apprenticeships and traineeships list. The funding provided by Skills
      Tasmania will be for the delivery of the vocational qualification only. It will
      be paid to the registered training organisation (RTO) provided the school
      at which the student is enrolled is not the RTO. Where the school is also
      the RTO it is expected that the vocational training will be funded through
      the school’s normal resourcing mechanisms as if the apprentice/trainee
      was a full-time school student.
      Funding for structured training, either part-time or full-time, relating to
      apprenticeships and traineeships in schools will be at the discretion of the
      State and be consistent with the approved guidelines for school based
      apprenticeships and traineeships.

2
 For the purposes of these Funding Criteria, related field means a qualification at the same level from the same
National Training Package or an accredited course that achieves a similar training outcome.
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2.2 Funding of Qualifications
    The Tasmanian Government is committed to supporting the training of
    apprentices and trainees by making a contribution towards the cost of
    purchasing their training. The funds provided for each qualification are a
    contribution only and do not necessarily represent the full cost of delivery.
    Where the cost of delivery is in excess of the funds provided by the
    Government, training organisations are entitled to seek the balance from
    the employer of the apprentice or trainee.
    The following are criteria used to evaluate whether a qualification is to be
    funded for delivery as an apprenticeship or traineeship under User Choice
    arrangements:
Criterion Q1
    Certificate I qualifications will not be funded on a stand-alone basis except
    where special circumstances apply.
Criterion Q2
    All Certificate II and Certificate III qualifications will be funded where there
    is a demonstrated market need for the funding of that qualification and it
    has been approved by the Tasmanian Training Agreements Committee
    for delivery as an apprenticeship or traineeship under a training contract.
Criterion Q3
    Certificate IV, Diploma and Advanced Diploma qualifications will be
    eligible for funding where applicants can demonstrate that the qualification
    provides the minimum level of technical skills required to work in an
    occupation, or that there are other compelling circumstances that require
    the funding of the qualification. Certificate IV, Diploma and Advanced
    Diploma qualifications that relate to supervisory rather than technical skills
    will not normally be funded.
Criterion Q4
    Priority will be given to qualifications for occupations/industries of high
    strategic importance to the State of Tasmania.
Criterion Q5
    Funding approval (either initial or continuing) for a qualification will depend
    on the impact such an approval may have on the resources available for
    funding apprenticeships and traineeships in Tasmania.




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2.3 Funding of Registered Training Organisations (RTOs)
    The following criteria apply to training providers, or other enterprises,
    wishing to access public funding for apprentice and trainee training in
    Tasmania.
Criterion R1
       In order to be eligible to access funding to deliver funded apprenticeship
       and traineeship qualifications, a training provider must be a RTO,
       registered in accordance with the requirements of the Australian Quality
       Training Framework, to deliver the relevant qualification/s.
       A RTO must request funding each calendar year to deliver structured
       training for apprentices and trainees who commence training in a
       qualification or stage of training in that calendar year or stage of training
       in that calendar year.
Criterion R2
       Skills Tasmania reserves the right to negotiate prices for RTOs wishing
       to train 20 or more apprentices or trainees, in a particular qualification,
       for individual enterprises3. This includes enterprise-based RTOs4. In
       these cases enquiries should be directed in writing to:
       Manager (Purchasing and Contract Management)
       Skills Tasmania
       GPO Box 169
       HOBART TAS 7001
Criterion R3
       The State reserves the right to negotiate prices for certain
       apprenticeships or traineeships. These are indicated on the list of
       funded apprenticeships and traineeships.
NOTE 1:
       Commencing from 1 January 2010 the Tasmanian Government has
       determined that previous restrictions on access to publicly funded
       training for qualifications at Certificate II to IV levels in the following
       industry areas:
             agriculture;
             automotive;
             building and construction;
             furniture; and
              metal trades.
       will be progressively withdrawn.
       From 1 January 2010 new commencements in these qualifications will
       be able to select a training provider from those registered training
       organisations listed on the Skills Tasmania Preferred Provider List which


3
 Individual enterprises include businesses operating in multiple geographic locations with a common ownership .
4
 An enterprise based RTO is defined as an RTO which is wholly owned by a trading enterprise and whose sole
purpose is to deliver training to the employees of that enterprise
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     is available at:
     http://www.skills.tas.gov.au/providers/purchasing/userchoice
     RTOs wishing to be placed on the preferred provider list must participate
     in the annual tender process. Information regarding the preferred
     provider Tender can be found on the Skills Tasmania Web Page at:
     http://www.skills.tas.gov.au/providers/purchasing/userchoice
NOTE 2:
      For RTOs wishing to deliver training for qualifications other than those
      identified in Note 1 above, and in accordance with Criterion 1, it is the
      RTO’s responsibility to follow the process for obtaining funding as
      described at Skills Tasmania’s User Choice website
      A RTO can access funding throughout the calendar year for additional
      apprenticeship and traineeship qualifications, not included in their
      original contract, provided the RTO meets the criteria outlined above.
      CONTRACTS WILL ONLY APPLY TO COMMENCEMENTS AFTER
      THE DATE OF ISSUE AND WILL NOT BE ISSUED
      RETROSPECTIVELY.
4. GRIEVANCE PROCEDURES
   Grievance appeals related to funding may arise from decisions relating to:
         approval of qualifications to become funded apprenticeships and
          traineeships;
         contract arrangements with Skills Tasmania; and
         eligibility of apprentices or trainees for User Choice funding.
General Criteria
   Skills Tasmania will:
         attempt to resolve all grievances internally;
         comply with natural justice criteria;
         resolve all grievances within a reasonable time; and
         maintain client confidentiality at all times.
   The attached flow chart outlines the steps involved in resolving a
   grievance.




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                       GRIEVANCE PROCEDURES RELATED TO FUNDING



                                                                 GRIEVANCE PROCEDURE

Complaint about User                                                            Provides information
      Choice                                              Step 1                to resolve issue or
                                                          Operational officer   refers to Manager.
                                                                                Provides information
                                                          Step 2                to resolve issue or
  Resolved directly     No                                Manager               refers to Director.
                                Referred to contact
                                      officer
                                                                                Mediates, arbitrates.
                                                          Step 3                If necessary refers
                                                          Documentation to      to appropriate
        Yes                                               higher                external authority.
                                                          decision maker         Options
                                                                                 Government Prices
                                                                                 Oversight
                                                                                 Commission,
 Continue to provide                                      Step 4                 Ombudsman.
       service                                            External review




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                                                                                Schedule 2

Standard Terms and Conditions for the Purchase of Vocational Education and
Training

DEFINITIONS

 In this Agreement unless the contrary intention appears:
 ‘Authority’ means Skills Tasmania, a statutory authority established under section 6
       of the Vocational Education and Training Act 1994.
 ‘Authority's Authorised Officer’ means a person authorised in writing by the
       General Manager, Skills Tasmania.
 ‘Business Day’ means any day on which Banks as defined in the Banking Act 1959
       (Commonwealth) are open for business in Hobart.
  ‘Funds’ means the sum of money specified in the Schedule or in any Supplemental
       Agreement as the payment price for purchased under this agreement and is
       subject to any limitations which may be specified in the schedule.
 “Recipient Created Tax Invoice” or “RCTI” has the same meaning given to the
       term in the A New Tax System (Goods and Services Tax) Act 1999 including all
       amendments made to the Act and any other regulations and other instruments
       made under the Act, and means an invoice that belongs to a class of tax
       invoices that the Commissioner for Taxation has determined may be issued by
       the recipient of a taxable supply.
 ‘Schedule’ means all Schedules to this Agreement.
 ‘Training Facility’ means the place or places in which the Training Program is
        conducted.
 ‘Recipient’ includes a Registered Training Organisation (RTO) nominated as the
       primary RTO on approved training contracts lodged with Skills Tasmania.
 ‘Information’ means information that:
     (a)   is by its nature confidential;
     (b)   the Recipient knows or ought to know is confidential; or
     (c)   is designated by Skills Tasmania as confidential in Schedule 1 of this
           Agreement.
 ‘Record’ means information that:
     (a)   may be referred to as a ‘document’ in this agreement;
     (b)   may be in electronic form either in the original format supplied, or extracted and
           placed in other databases or information sources;
     (c)   is stored in any form, whether visible to the eye or not.
Unless the contrary intention appears:
     (a) the clause headings are for convenient reference only and have no effect in
         limiting or extending the language of the provisions to which they refer;
     (b) a cross reference to a clause number is a reference to all its subclauses;
     (c) words in the singular number include the plural and vice versa;

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         (d) words importing a gender include any other gender;
         (e) a reference to a person includes a partnership and a body whether corporate or
             otherwise;
         (f)    a reference to a clause or subclause is a reference to a clause or subclause of
                this Agreement; and
         (g) where a word or phrase is given a particular meaning, other parts of speech
             and grammatical forms of that word or phrase have corresponding meanings.
 ‘RTO’ means a training organisation which has been registered by the relevant state
       or territory registering authority to provide nationally recognised training
       services.
 ‘Scope of Registration’ means the qualifications which the RTO has been registered
      by the relevant state or territory registering authority to deliver.
 ‘Training’, ‘Training Program’ or ‘Vocational Education and Training’ means the
        delivery of an accredited tertiary education course which, consistent with
        Schedule 3 of the Determination of Education Institutions and Courses made
        under the Commonwealth Student Assistance Act 1973, is defined as a
        vocational education and training program being a structured approach to the
        development and attainment of competencies for a particular Australian
        Qualifications Framework (AQF) qualification to meet the endorsed
        components of Training Packages or a sequence of training consisting of one
        or more units of competency that provides direct credit towards a qualification
        as described in the Schedule/s, or where there is no Training Package, a
        sequence of training consisting of one or more modules from an accredited
        vocational education and training course that provides direct credit towards a
        qualification as described in the Schedule/s.

1.         INTERPRETATION

 1.1           In this Agreement unless the contrary intention appears:
 (i)           words importing the singular include the plural and vice versa;
 (ii)          words importing a gender will include the other gender;
 (iii)         words importing persons include all bodies and associations, corporate,
               unincorporated or governmental and vice versa.
 (iv)          headings are included for convenience only and are not to be taken into
               account in the interpretation of any clause to which they refer;
 (v)           any terms and conditions specified in the Schedule will be terms and conditions
               of this Agreement.

2.         DURATION OF AGREEMENT

 2.1           This Agreement is for a term commencing on the date of signing this
               Agreement and continuing for a period of three months after the completion of
               the training outcomes which are the subject of this Agreement or until
               terminated by either party pursuant to their respective powers of termination as
               described in Clause 16.


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3.     AGREEMENT TO PURCHASE TRAINING PROGRAMS

 3.1    The Authority agrees to pay the RTO the Funds upon the terms and conditions
        contained in this Agreement.
 3.2    The Authority will pay the Funds in accordance with the Schedule.
 3.3    Where the Schedule provides that the RTO is to be paid by progressive
        instalments the Authority will be entitled to defer payment of any instalment
        until the RTO has completed to the satisfaction of the Authority the training to
        which the instalment relates.

4.     USE OF THE FUNDS

 4.1    The RTO will ensure that the Funds are used for the purpose of providing the
        Training Program and for no other purposes.

5.     SCOPE OF REGISTRATION OF TRAINING ORGANISATION

 5.1    It is a condition precedent to the release of Funds by the Authority under this
        Agreement that the RTO ensures that the Training Program is contained within
        the RTO’s Scope of Registration.

6.     GST

 6.1    The primary purpose of this agreement is the purchase of vocational education
        and training as listed in the Schedule and other taxable supplies, such as
        reporting requirements, are merely incidental.
 6.2    The parties agree that unless expressly stated otherwise all fees or other sums
        payable or any other consideration provided or to be provided under or in
        connection with this Agreement do not include GST.
 6.3    Unless expressly stated otherwise, the RTO may recover from the Authority
        and the Authority shall pay, the amount of any GST (“the Additional Amount”)
        payable under the GST Act on or for any taxable supply made by the RTO to or
        for the benefit of the Authority under or in connection with this Agreement,
        subject to the RTO issuing a valid tax invoice in respect of that taxable supply
        and subject also to the sum being decreased by an amount (if any) having
        regard to S75AU of the Trade Practices Act 1974 (C’wth) and any guidelines
        on price exploitation issued by the Australian Competition and Consumer
        Commission.
 6.4    The Additional Amount must be paid at the same time when payment of the
        monetary consideration for the taxable supply is due.
 6.5    Subclauses 7.2 and 7.3 shall also operate as if references to the RTO are
        references to the Authority and vice versa.
 6.6    Terms and expressions used in this clause 7 which are defined in the GST Act
        have the same meaning given to those terms and expressions in that Act.
        “GST Act” means the A New Tax System (Goods and Services Tax) Act 1999
        including all amendments made to the Act and any other regulations and other
        instruments made under the Act.


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7.      RECIPIENT CREATED TAX INVOICES

 7.1     The RTO and the Authority agree that the Authority will issue a recipient
         created tax invoice in respect of any taxable supply made by the RTO to the
         Authority.
 7.2     The Authority agrees that it will notify the RTO in writing should it elect to act
         under Subclause 8.1.
 7.3     The RTO warrants that it is registered with an Australian Business Number
         (ABN) and GST registration and will supply evidence of that when requested.
 7.4     The RTO agrees that it will notify the Authority should it cease to be registered
         for the GST.
 7.5     The Authority warrants that it is registered with an ABN and for the GST.
 7.6     The Authority agrees that it will notify the RTO should it cease to be registered.
 7.7     The RTO agrees that the Authority shall issue a recipient created tax invoice
         for each taxable supply that the RTO has or will make to the Authority under
         this Agreement.
 7.8     The RTO agrees that it will not issue any document that may be considered a
         tax invoice for any taxable supply made under this agreement after the date
         this Agreement is signed.
 7.9     The Authority agrees that it will issue the RTO with a recipient created tax
         invoice within 28 days of determining the value of the supply.
 7.10    The Authority will supply an adjustment note should the value of the supply
         change at any stage. A copy of that adjustment note will be supplied to the
         RTO within 28 days of that adjustment being determined.




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8.     INDEMNITY

 8.1    The RTO will at all times indemnify and hold harmless the Authority, its officers,
        employees and agents (‘those Indemnified’) from and against any loss
        (including legal costs and expenses on a solicitor/own client basis) or liability
        incurred or suffered by any of those Indemnified arising from any claim, suit,
        demand, action, or proceeding by any person against any of those Indemnified
        where such loss or liability was caused by any wilful, unlawful or negligent act
        or omission of the RTO, its officers, employees, agents or sub-agents in
        connection with this Agreement and the provision of the Training Program.

 8.2    The RTO's liability to indemnify the Authority will be reduced proportionally to
        the extent that any act or omission of the Authority or its officers, employees or
        agents contributed to the loss or liability.
 8.3    This indemnity will survive the expiration or termination of this Agreement.
 8.4    The Authority agrees to indemnify the RTO in respect of any liability for GST
        and any penalty which may arise from an understatement payable on any
        supply that the RTO makes to the Authority in respect of the GST and for which
        a recipient created tax invoice shall be issued.

9.     INSURANCES

 9.1    Before commencing the Training Program the RTO will take out and maintain
        throughout the term of this Agreement the following insurance:
 (a)    public risk insurance to cover liability for personal injury or death or property
        damage arising from the conduct of the Training Program under this
        Agreement for an amount not less than five million dollars for any one claim
        or series of claims arising out of one single occurrence;
 (b)    workers' compensation insurance to cover the RTO against any liability
        imposed by statute.
 9.2    The RTO will ensure that the Authority is noted on the insurances of the
        provider, taken out in accordance with Clause 10.1, as Principal Only.
 9.3    On request the RTO will supply the Authority with certified copies or other
        satisfactory evidence of all insurance required to be taken out herein.
 9.4    The RTO will not do or permit to be done or suffer any thing to be done
        whereby any insurance or any part thereof may become vitiated or rendered
        void or voidable or whereby any rate or premiums of any insurance will be
        liable to be increased or whereby the Authority may be put at risk.
 9.5    The effecting of insurance as described in clause 10.1 will not in any way limit
        the liabilities or obligations of the RTO under other provisions of this
        Agreement.
 9.6    The RTO will, as soon as practicable, inform the Authority in writing of the
        occurrence of an event that may give rise to a claim under a policy of insurance
        effected as required by clause 9.1 and will ensure that the Authority is kept fully
        informed of subsequent action and developments concerning the claim.



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10.      INSPECTION OF THE TRAINING FACILITY

 10.1      The RTO agrees to allow the Authority's officers and agents to enter upon the
           Training Facility at any reasonable time upon two days’ written notice to inspect
           the Training Facility and anything on the Training Facility related to this
           Agreement.
 10.2      The Authority's authorised officers may copy any document concerning this
           Agreement.

11.      ASSIGNMENT OF BENEFITS

 11.1      The RTO will not assign the benefit of this Agreement to any other person
           unless written approval is first sought and obtained from the Authority.
 11.2      If the RTO forms an intention to dispose of the Training Facility or any interest
           therein then the RTO will immediately notify the Authority in writing of such
           intention, seeking the approval required under clause 12.1.
 11.3      The notification referred to in clause 12.2 also will be at least one month prior
           to the actual disposal of any interest referred to in clause 12.2 to enable the
           Authority, if it so desires, to negotiate a new Agreement with the new owner of
           the said interest.

12.      FINANCIAL VIABILITY

 12.1 The RTO warrants that:
      12.1.1 it is solvent and able to pay its debts as they fall due; and
      12.1.2 there are no material facts or circumstances of which it is currently aware,
             or are likely to arise in the foreseeable future, which could have a significant
             impact on its financial viability.
 12.2 Where the RTO becomes aware that it is insolvent and no longer able to
      continue its operations it will:
      12.2.1 immediately notify the Authority of this fact; and
      12.2.2 fully cooperate with the Authority in the transfer of students to an alternative
             RTO.

13.      KEEPING OF BOOKS OF ACCOUNT

 13.1      The RTO agrees to keep books of account in accordance with accepted
           Australian Accounting Standards as published by the Australian Society of
           Certified Public Accountants and therein make true and full entries of all
           dealings and transactions concerning the use of the Funds and will ensure that
           the same will at all reasonable times be open for inspection by the officers of
           the Authority.
 13.2      The RTO also agrees to provide to the Authority on request copies of its
           financial statements and such other information as it will require relating to the
           use of the Funds, which information is to be supplied within five Business Days
           of a written request being received by the RTO from the Authority.


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 13.3    The RTO will retain all receipts and books of account referred to in clause 13.1
         for at least 4 years subsequent from the year which they were attributable to.
 13.4    The Authority may from time to time notify the RTO in writing of any changes to
         the format or the type of information required by clauses 13.1 and 13.2.

14.     NEGATION OF EMPLOYMENT, PARTNERSHIP AND AGENCY

 14.1    The RTO will not represent itself, and will ensure that its officers, employees,
         agents and sub-contractors do not represent themselves as being an officer,
         employee, partner or agent of the Authority, or as otherwise able to bind or
         represent the Authority.
 14.2    The RTO will not by virtue of this Agreement be or for any purpose be deemed
         to be an officer, employee, partner, or agent of the Authority, or have any
         power or authority to bind or represent the Authority.

15.     TERMINATION

 15.1    Where the Authority has given written notice to the RTO to remedy a default
         under this Agreement within five Business Days and the RTO fails to do so, the
         Authority may immediately terminate this Agreement and the Funds or so much
         of the Funds that remain unexpended at the date of the notice shall be
         refunded immediately by the RTO to the Authority and be recoverable
         accordingly.
 15.2    Where the RTO wishes to terminate this Agreement it shall do so by giving the
         Authority’s Authorised Officer five business days notice in writing.
 15.3    In the event that this Agreement is terminated pursuant to clause 16.1 the
         Funds that have been paid to the RTO and that remain unexpended at the time
         of the termination shall be refunded immediately by the RTO to the Authority
         and shall be a debt due to the Authority and recoverable accordingly.

16.     COMPLIANCE MONITORING

 16.1    The Authority has the right to conduct any type of audit of the RTO and any
         organisation in a sub-contracting arrangement with the RTO. The purpose of
         any audit conducted is to ensure compliance with the terms and conditions of
         this contract or any preceding contract.
 16.2    Where the Authority reasonably believes the RTO may have breached this
         contract by failing to comply with the Australian Quality Training Framework
         Standards for Registered Training Organisations, the Authority reserves the
         right to request an Australian Quality Training Framework audit at its discretion.
 16.3    If the primary registration of the RTO is in a jurisdiction other than Tasmania,
         the Authority has the right to inform the primary registering authority of the
         belief formed pursuant to clause 17.2.
 16.4    Breaches identified through the contract audit process may, at the discretion of
         the Authority, result in the suspension or cancellation of this agreement.
 16.5    The RTO will provide the Authority with access to all premises and all records
         needed to substantiate compliance with the terms and conditions of this
         contract immediately on request.
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 16.6    The RTO must comply with any and all written directions from the Authority in
         relation to the obligations of the RTO under this contract.
 16.7    The RTO acknowledges that the Authority has the right, exercisable at any
         time, to interview all directors, managers, owners and employees of the RTO,
         employers, students and/or sub-contractors receiving or assisting with the
         provision of services and materials under this agreement.
 16.8    Should the RTO fail to comply with any request from the Authority to provide
         any information in relation to the RTO’s compliance with this agreement or
         hinder the Authority in the exercise of its rights under Clause 17.7, the Authority
         may suspend this agreement and any payments to the RTO until such requests
         for information have been provided or hindrance removed.
 16.9    The RTO grants the Authority an irrevocable licence to enter and remain on
         any premises where records relating to this agreement are kept and stored.
 16.10 The RTO must ensure that it and its employees and sub-contractors or
       persons, enterprises or other organisations, including schools, in a partnering
       arrangement with the RTO make available proper access to all physical and
       electronic records and answer completely and accurately any request for
       information necessary for the Authority to perform any of the activities referred
       to in Clause 17 of this agreement
 16.11 For the purpose of Clauses 11 and 17.9, the RTO will grant access at any time,
       during normal business hours, requested by the Authority.

17.     AUDIT METHODOLOGY

 17.1 Where possible, contract compliance audits undertaken under the provisions of
      Clause 17 of this agreement will be integrated with the RTO’s regular AQTF
      compliance audits. Other audits may occur as the result of strategic industry
      audits or in response to a specific complaint or a series of complaints.
 17.2 The auditing of contracts for the purchase of training will use the same
      methodology as AQTF audits in that observations will be raised for minor matters
      found during the audit. Where whole standards, or a significant aspect of a
      standard is not being observed a non-compliance will be raised.
 17.3 Following the audit, the auditor will provide verbal feedback to the RTO and a
      written report to the Manager (Purchasing & Contract Management), Skills
      Tasmania. The report will then be reviewed and appropriate action taken as
      follows:
      17.3.1 Where no observations or non-compliances were noted, a copy of the
             audit report will be forwarded to the RTO acknowledging its compliance
             with the standards.
      17.3.2 Where observations have been noted, the RTO will be expected to
             include these in its continuous improvement process. Observations noted
             in one audit may be followed up at a following audit to determine what
             action has been taken to rectify them.
      17.3.3 If a non-compliance has been identified, the Manager (Purchasing &
             Contract Management) will contact the RTO to negotiate an action plan to
             clear the non-compliance.

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      17.3.4 Pending clearance of the non-compliance, the Authority may elect to
             impose one or all of the following sanctions:
                    no payments will be made under existing contracts
                    no new contracts will be issued;
                    no invoices for new commencements will be paid; and
                    in the case of User Choice, no new Training Contracts
                       nominating the RTO will be registered
      17.3.5 If the non-compliance is not cleared in the agreed timeframe and the RTO
             has made no attempt to re-negotiate the action plan, all payments to the
             RTO will be suspended until the matter is resolved.
 17.4    The Authority reserves the right to impose further sanctions against the RTO if
         it is considered the situation warrants further action; this may include
         cancellation of all or any contracts between the RTO and the Authority.
 17.5    The RTO will retain all documentation relevant to this Agreement for at least
         seven years subsequent from the year to which they pertain.

18.     RECOGNITION OF PRIOR LEARNING (RPL)

 18.1 The Council of Australian Governments has resolved that by 1 January 2007, all
      RTOs and assessment centres in receipt of government funding will have a
      contractual obligation to offer all workers entering training, who are not new
      entrants to the labour market, a quick and simple process to recognise their
      existing skills.

 18.2 For the purposes of Clause 19.1, workers who are not new entrants to the labour
      market are defined as those workers who have been working continuously for 12
      months full time or two years part time.

 18.3 Unless specifically excluded by the program guidelines or in another schedule to
      this agreement, in order to meet the obligations outlined it clause 19.1, the RTO
      will offer RPL to all students upon enrolment and prior to commencement of
      formal training delivery. For the purposes of this clause, students includes
      apprentices and trainees.

 18.4 The RTO must be able to demonstrate that it has undertaken processes to:
       i)  encourage the uptake of RPL; and
       ii) streamline its RPL processes;
           during the term of this agreement.

19.     DISCLOSURE OF INFORMATION

 19.1    The RTO acknowledges that the information pertaining to this agreement and
         all information about a RTO’s performance under the agreement, other than
         personal information, is public information.
 19.2    The Authority reserves the right to communicate or publish in any way or
         medium, any and all information relating to this contract, other than personal
         information. This includes, but is not limited to, qualifications, contract values,
         student enrolments, completion rates, withdrawals, non-completions, non-
         results of training.

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20.      AUTHORITY TO COLLECT INFORMATION

 20.1     The RTO authorises the Authority to seek information from any organisation
          which may have information relevant to the RTO’s capacity to perform its
          obligations under this contract.

 20.2     The RTO expressly authorises those organisations referred to in clause 21.1 to
          release information to the Authority regarding the RTO’s performance or its
          capacity to perform its obligations under this agreement. This includes but is
          not limited to the Tasmanian Qualifications Authority and may include
          information regarding the results of audits undertaken against the Australian
          Quality Training Framework standards.

21.      ETHICAL MARKETING AND ADVERTISING

 21.1     If the RTO undertakes marketing of the training purchased under this
          agreement, it must market and advertise the training purchased in a way so as
          to ensure that all persons and organisations associating with the RTO are
          aware of the obligations of the RTO under this agreement.

22.      SUB-CONTRACTING

 22.1     The RTO may enter into a sub-contracting agreement, however it may be
          described, or partnering agreement with another organisation or individual, in
          this clause referred to as the sub-contractor.
 22.2     This clause does not apply to persons engaged by the RTO as casual or
          sessional employees.
 22.3     Under a sub-contracting arrangement the RTO is fully responsible for the
          compliance of its sub-contractors with the Australian Quality Training
          Framework Standards for Registered Training Organisations and the terms and
          conditions contained in this agreement.
 22.4     The RTO must notify the Authority of its intention to utilise sub-contractors for
          the delivery of any training purchased by the Authority under this agreement
          including the name and qualifications of the sub-contractor and the
          qualifications the sub-contractor will be responsible for delivering and
          assessing.
 22.5     The RTO must provide to the Authority all records of the sub-contractor relating
          to performance of services under this agreement, on request by the Authority.
 22.6     The RTO is responsible for all reporting requirements pursuant to this
          agreement.
 22.7     The Authority accepts no liability for sub-contracting arrangements and will not
          become involved in the internal administration of any sub-contracting
          arrangement, or act as mediator between the parties.

23.      NOTICES

 23.1 Any notice demand consent in writing or other communication will be deemed to
      have been duly served:
      23.1.1   In the case of hand delivery when delivered;
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      23.1.2   If sent by prepaid post on the fifth business day after the date of posting;
      23.1.3   If sent by facsimile transmission (provided that the sending machine
               produces a print out of the time date and uninterrupted transmission
               record of the sending of the notice) upon completion of sending if such
               completion is within ordinary business hours in the place where the
               recipient's facsimile machine is located but if not then at 9.00 a.m. On the
               next following business day in such place.
      23.1.4   If sent by email, upon receipt of acknowledgement from the receiver.
 23.2     Any notice demand consent in writing or other communication requiring to be
          given or made pursuant to this Agreement will be sufficient if:
 23.2.1 in the case of the Authority it will be under the hand of the Authority or its
        authorised agent or solicitors;
 23.2.2 in the case of the RTO under the hand of the RTO or its agent or solicitors.
 23.3     A printed or copied signature will be sufficient for the purposes of sending any
          notice demand consent in writing or other communication by facsimile
          transmission.

24.      DISPUTE RESOLUTION

 24.1     Where a dispute arises under this Agreement either as to a matter of
          interpretation or to the extent of a duty obligation or right then:
 24.1.1 the party alleging a dispute will give a written notice within five business days’
        to the other party outlining the matter in dispute;
 24.1.2 through discussions between the Authority's Authorised Officer and a
        representative of the RTO the parties will try to resolve the dispute having
        arisen;
 24.2     If after ten business days the discussions referred to in clause 25.1.2 have not
          resolved the dispute then the dispute may be the subject of court proceedings
          or may be submitted to some alternative dispute resolution mechanism as may
          be agreed in writing between the parties.

25.      FORCE MAJEURE

 25.1     Either party may terminate this Agreement by the giving of 10 business days’
          notice thereof to the other party where the performance of that party's
          obligations hereunder has become impossible due to an Act of God meaning
          for the purpose of this Agreement any natural event not being within the power
          of man to prevent or an event of Force Majeure being for the purposes of this
          Agreement any event beyond the control of the party seeking to rely on it and
          which renders it impossible for that party to perform including fire, explosion,
          accident, industrial dispute, civil commotion or impossibility of obtaining
          materials but not an obligation to pay money.
 25.2     If this Agreement is so terminated the Authority will only be liable to make
          payments pursuant to the provisions of clause 4 hereof for services rendered
          as part of the Training Program before the effective date of termination. The
          Authority will not be liable to make any other payments whatsoever.

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26.     ENTIRE AGREEMENT AND VARIATION

 26.1    This Agreement constitutes the entire Agreement between the parties and
         supersedes all communications, negotiations, arrangements, whether oral or
         written, between the parties with respect to the subject matter of this
         Agreement.
 26.2    No agreement or understanding varying or extending this Agreement, including
         in particular the amount of the Funds, will be legally binding upon the parties
         unless in writing and signed by both parties.

27.     WAIVER

 27.1    A waiver by any party in respect of any breach of a condition or provision of this
         Agreement will not be deemed to be a waiver in respect of any continuing or
         subsequent breach of that provision, or breach of any other provision.
 27.2    The failure of any party to enforce at any time any of the provisions of this
         Agreement will in no way be interpreted as a waiver of such provision.

28.     APPLICABLE LAW

 28.1    This Agreement will be governed by the law for the time being in force in the
         State of Tasmania and the parties submit to the jurisdiction of the Courts of the
         State of Tasmania.

29.     AUTHORITY'S RIGHTS

 29.1    Any express statement of a right of the Authority under this Agreement is
         without prejudice to any other right of the Authority expressly stated in this
         Agreement or arising at law.

30.     CONFIDENTIALITY

 30.1 Despite any confidentiality or intellectual property right subsisting in this
      agreement or a schedule, appendix, annexure or attachment to it, either party
      may publish all or any part of this agreement without reference to the other.
 30.2 Subject to clause 31.1, the RTO must not publicly disclose, or use for a purpose
      other than this Agreement, any information or material acquired or produced in
      connection with, or by performing, this Agreement, including Authority Material or
      Contract Material (“Confidential Material”), without the Authority’s prior written
      consent, except to the extent that:

        30.2.1 the Confidential Material is available to the public generally, other than by
               breach of this Agreement;

        30.2.2 a law requires the RTO to disclose, file, record or register something that
               includes Confidential Material;

        30.2.3 disclosure is necessary or advisable to get a consent, authorisation,
               approval or licence from a governmental or public body or authority;


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      30.2.4 it is necessary or advisable to disclose the Confidential Material to a
             taxation or fiscal authority;

      30.2.5 the Confidential Material is disclosed confidentially to professional
             advisers:

            a)   to get professional advice about this Agreement; or

            b)   to enforce this Agreement; or

            c)   the parties agree otherwise in writing.

 30.3 The RTO must ensure that employees who have access to Confidential Material,
      are aware of, and comply with, all confidentiality obligations affecting it.

 30.4 Nothing in this clause derogates from a party’s obligations under the Personal
      Information Protection Act 2004 (Tas) or the Privacy Act 1988 (Cwlth).

32.   PERSONAL INFORMATION PROTECTION

 31.1 This clause 32 applies only if the RTO deals with Personal Information in the
      course of delivering the Contracted Services.

 31.2 If the RTO is a Personal Information Custodian then the RTO must:

      32.2.1 notify the Authority immediately if the RTO becomes aware of a breach, or
             possible breach, of the PIP Act; and

      32.2.2 ensure that the RTO’s employees, agents or subcontractors who are
             required to deal with Personal Information in the course of delivering the
             Contracted Services are aware of, and comply with, the RTO’s obligations
             under this clause.

 31.2 A breach of the PIP Act by the RTO is a breach of this Agreement that entitles
      the Authority to terminate it under clause 16.1.

 31.4 In this clause, “Personal Information” and “Personal Information Custodian” have
      the same meanings as in the Personal Information Protection Act 2004 (Tas)
      (“PIP Act”).

33.   WAIVER UNDER PROFESSIONAL STANDARDS ACT 2005

 32.1 No scheme in force under the Professional Standards Act 2005 applies to the
      RTO.

 32.2 The RTO waives all present and future rights, as against the Authority, to claim
      any limitation of liability provided by any future scheme under the Professional
      Standards Act 2005, in relation to future legal liability, claims or proceedings
      arising from, or attributable to, the RTO carrying out the Contacted Services
      including a wrongful (including negligent) act or omission.



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                                                                                    Schedule 3

User Choice Purchasing Arrangements

1.0 TRAINING TO BE PURCHASED
  1.1 The Schedule of Purchased Apprenticeships and Traineeships lists all training programs
      purchased under this Agreement.
  1.2 The prices listed for each apprenticeship and traineeship, unless otherwise indicated,
      assume a commencement with no previous relevant qualifications in the area.
  1.3 Where previous relevant qualifications exist, the RTO will grant appropriate credit transfer
      and the price payable will be adjusted in accordance with the procedure outlined in
      paragraph 8.0 (Application of Credit Transfer Discount).
2.0 RECOGNITION OF PRIOR LEARNING
  2.1 In accordance with Clause 19 of the Standard Terms and Conditions for the Purchase of
       Vocational Education and Training, where an apprentice/trainee has relevant prior training
       or experience but does not have an AQF qualification as evidence of competency, the RTO
       will offer assessment through recognition of prior learning (RPL) (also sometimes referred
       to as recognition of current competency or RCC).
  2.2 If the apprentice/trainee elects to be assessed using a RPL methodology, no adjustment will
       be made to the price paid for the qualification as listed in the schedule of purchased
       apprenticeships/traineeships in respect of that apprentice/trainee.
3.0 FEES AND CHARGES
  3.1 The price paid by Skills Tasmania to the RTO for the delivery of training purchased under
      this agreement is only intended to be a contribution towards the full cost of delivery of the
      training and is not necessarily reflective of the full cost.
  3.2 The RTO may charge the employer a fee to assist with the costs associated with the
      delivery of training, to apprentices/trainees.
4.0 PAYMENT ELIGIBILITY
  4.1 No payments for an apprentice or trainee will be made until a purchasing agreement is in
      place and a training contract is approved and recorded on the training contract database.
  4.2 Purchasing agreements will not be issued retrospectively unless the RTO can prove
      extenuating circumstances. An application, in writing, outlining reasons is to be submitted
      to the Manager, Purchasing and Contract Management.
5.0 PAYMENT STRUCTURE
  5.1 There will usually be three payments per qualification, or stage of training, for each
      apprentice or trainee.
  5.2 The first payment will consist of 50% of the purchase price and will be payable on:
   5.2.1 approval of the training agreement by the Tasmanian Training Agreements Committee,
         its recording on the Skills Tasmania database and the issuing of a registration number;
   5.2.2 completion of a training plan, as required in the User Choice Service Standards;
   5.2.3 commencement by the RTO of the training and/or assessment identified in the training
         plan for the relevant qualification or stage of training. For the purposes of determining
         eligibility of RTOs to claim this payment, commencement has the same meaning as
         “valid enrolment” which is defined in the Australian Vocational Education and Training
         Management Information Statistical Standard (AVETMISS) as a student having
         participated in a module or unit of competency. For examples of valid enrolments,
         please refer to: http://www.skills.tas.gov.au/providers/rtos/status/avetmiss Further
         information about these or the AVETMISS guidelines can be obtained from the Skills
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                                                                                             Schedule 3

            Tasmania website http://www.skills.tas.gov.au/providers/rtos/status/avetmiss or from
            the Co-ordinator (VET Statistics), Skills Tasmania (telephone 03 - 6233 8398).
     5.2.4 completion of a minimum of four (4) weeks employment under the current training
           contract; and
     5.2.5 the submission of a tax invoice together with the list of claims as per the template, which
           can be found at http://www.skills.tas.gov.au/providers/purchasing/userchoice, listing
           names of commenced apprentices or trainees
    5.3   The second payment will consist of 25% of the purchase price and be payable following:
     5.3.1 successful completion of the assessment of 50% of the units of competency identified
           in the training plan (where the number of competencies is an odd number the 50%
           calculation will be rounded to the next highest whole number); and
     5.3.2 the submission of a tax invoice together with the list of claims as per the template, which
           can be found at http://www.skills.tas.gov.au/providers/purchasing/userchoice , listing
           names of apprentices or trainees who have successfully completed 50% of the units of
           competency identified in the training plan.
    5.4   The final payment will consist of 25% of the purchase price and will be payable following:
     5.4.1 successful completion of the training contract5 and issuing of the qualification, or
           successful completion of the stage of training, whichever is appropriate; and
     5.4.2 the submission of a tax invoice together with the list of claims as per the template, which
           can be found at http://www.skills.tas.gov.au/providers/purchasing/userchoice, listing
           names of completed apprentices or trainees certifying that:
                    the apprentice/trainee has successfully completed all units of competency
                     identified in the training plan,
                    the training contract or stage of training has been completed; and
                    the qualification has been issued.
             Invoices for the final payment where the training contract is not recorded as completed,
             will be adjusted to exclude the final payment for that apprentice/trainee. If this occurs,
             the RTO must re-invoice Skills Tasmania when the training contract is recorded on the
             training contracts database as being completed.
    5.5    Where a RTO commences delivery of training prior to the approval of the training
           contract it does so at its own risk. However, if it does commence training, and through
           no fault of the RTO, the contract is subsequently not approved, the RTO may apply, in
           writing for pro-rata payment of the purchase price to cover its expenses. Any payment
           will be at the discretion of Skills Tasmania. It should be noted that the RTO is advised
           by Skills Tasmania when a training contract, nominating it as the RTO, has been
           approved.
    5.6    Where an apprentice or trainee does not successfully complete the training contract or
           stage of training in accordance with the training plan and the RTO:
                    has delivered all training and
                    undertaken a valid assessment of all units of competency identified in the
                     training plan;




5
  Completion of the training contract means that all administrative procedures have been completed and the
training contract is recorded on Skills Tasmania’s training contracts database as being completed.
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        the RTO may apply, in writing to Skills Tasmania, for all or part of the final payment to be
        made. It will be the responsibility of the RTO to provide sufficient evidence to justify the
        making of this payment.
  5.7   Applications in relation to payments should be addressed to:
                  The Manager
                  Purchasing and Contract Management
                  Skills Tasmania
                  GPO Box 169
                  HOBART TAS 7001

6.0 TRANSFER PAYMENTS AND REBATES (Including where there is a change of employer
   and registered training organisation)
  6.1   This provision recognises that the funds paid to the RTO under this agreement represent
        the Tasmanian Government’s contribution towards the cost of delivering the training and
        may not necessarily be the full cost of delivery.
  6.2   Funds paid to RTOs under this agreement will therefore be deemed to be progressively
        expended on a pro-rata basis. This means that they will be deemed expended when the
        apprentice/trainee is assessed as competent in each unit of competency.
  6.3   If an apprentice/trainee transfers to another RTO under the provisions of Service
        Standards F or G of this agreement, any unexpended funds paid by the Crown to the
        relinquishing RTO will need to be transferred to the new RTO on a pro-rata basis as
        outlined in Clause 7.0 – Rebate Calculation.
7.0 REBATE CALCULATION
  7.1   This will be calculated on the basis of the number of units of competency in which the
        apprentice/trainee has been assessed as competent at the date of transfer, divided by
        the total number of units of competency for which the RTO has received payment. For
        example, if the relinquishing RTO has received payment for 10 units and the
        apprentice/trainee has been assessed as competent in 8 units, the relinquishing RTO
        will be entitled to retain 80% of the payment and will need to transfer the remaining 20%
        to the new RTO.
  7.2   Where the number of units completed is greater than that to which payments relate, the
        relinquishing RTO will be entitled to a pro-rata payment from the next instalment. For
        example, if the relinquishing RTO has received payment for 10 units and the
        apprentice/trainee has been assessed as competent in 12 units, there are 2 units that
        the RTO has not been paid for. Assuming the next payment is for 5 units, the
        relinquishing RTO will be entitled to receive 2/5ths (40%) of that payment.
8.0 APPLICATION OF CREDIT TRANSFER DISCOUNT
  8.1   Where credit transfer has been granted, the price paid will be discounted proportionally.
  8.2   To calculate the adjusted purchase price:
           multiply the number of units of competency identified in the training plan, after credit
            transfer has been granted, by the purchase price (listed in the Schedule of
            Purchased Apprenticeships and Traineeships in your User Choice Purchasing
            Agreement with Skills Tasmania);
           divide the result by the number of units of competency listed in the Schedule of
            Purchased Apprenticeships and Traineeships for the relevant qualification or stage
            of training; and
           then multiply the result by the relevant percentage for the payment to be claimed.

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                                                                                    Schedule 3

        Example:
        An employer in the retail sector employs a trainee in a Certificate II in Retail Operations.
        The trainee had previously been undertaking a Certificate I in Retail Operations as part
        of a VET in schools program. The trainee had successfully completed three of the five
        units of competence required to achieve the Certificate I qualification.
        In order to successfully complete the Certificate II qualification, the trainee must achieve
        competency in ten units of competence. The price listed on the Schedule of Purchased
        Apprenticeships and Traineeships for the Certificate II is $1,640. After allowing for credit
        transfer, the adjusted payments made to the RTO would be as follows:

                    1st Payment = 7 x $1640 x 50% = $574
                                  10
                     nd
                    2 Payment = 7 x $1640 x 25% = $287
                                  10
                     rd
                    3 Payment = 7 x $1640 x 25% = $287
                                  10
9.0 INVOICES
  9.1   Tax invoices should be submitted monthly together with the list of claims as per the
        template at: http://www.skills.tas.gov.au/providers/purchasing/userchoice) and must bear
        an RTO invoice number. The training program for which an RTO submits an invoice,
        under this Agreement, should correspond to that recorded with funding source “11”
        (Commonwealth and State recurrent funding) in the AVETMISS collection.
  9.2   Payment of correctly completed invoices, including training contract registration
        numbers, will be made within 30 days of receipt, where possible. Where appropriate,
        this will also include a statement as described in Clause 5.4.3.
  9.3   Skills Tasmania will withhold payments to the RTO when the RTO has not submitted its
        annual AVETMISS data report in accordance with the requirements of Clause 11 of this
        Schedule.
  9.4   Incomplete or incorrect invoices may be returned to the RTO for amendment. Delay in
        payment may also occur should invoices be incomplete.
  9.5   Final invoices must be submitted within two months of completion, cancellation or
        termination of the training contract and issuing the qualification or statement of
        attainment for an apprentice or trainee unless other arrangements have been negotiated
        with Skills Tasmania.
  9.6   In the case of apprenticeships and traineeships where multiple stages exist, RTOs must
        submit invoices quoting the Skills Tasmania reference number (from the Schedule of
        Purchased Apprenticeships and Traineeships) for the year in which that stage of training
        commenced.
  9.7   Invoices should be forwarded to:
                          Executive Officer, Invoicing and Contract Services
                          Purchasing and Contract Management Section
                          Skills Tasmania
                          GPO Box 169
                          HOBART TAS 7001
                          Fax: (03) 6234 4358
                          Email address: purchasing@skills.tas.gov.au



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                                                                                                                    Schedule 3

10.0 REPLACEMENT QUALIFICATIONS
       10.1   During the term of this agreement, qualifications listed in the Schedule of Purchased
              Apprenticeships and Traineeships may be replaced as a result of the review of the
              relevant National Training Package or, through the continuous improvement process,
              resulting in the implementation of a replacement qualification.
       10.2   When this occurs, Skills Tasmania may issue an amendment to the contract, where
              relevant, this amendment may specify a transition period where both the old and new
              qualification may be delivered. Otherwise it is the RTO’s responsibility to submit an
              additional contract once the new qualification is included on its scope of registration.
       10.3   If, when a replacement qualification becomes available, the RTO or client elects to
              transfer to the new qualification the following payment arrangements will apply:
          10.3.1 If a payment has already been made for an apprentice or trainee against the old
                 qualification and the apprentice is not transferred to the new qualification, then all
                 further payments will continue to be made against the old qualification (i.e. The RTO
                 will invoice against the same Skills Tasmania reference number used on previous
                 invoice/s for the apprentice/trainee).
          10.3.2 If no payment has been made for an apprentice or trainee against the “old”
                 qualification and the apprentice/trainee has been transferred to the new qualification
                 before an invoice has been submitted then all invoices for that apprentice/trainee
                 will be against the new qualification (i.e. the RTO will invoice against the new Skills
                 Tasmania reference number).
          10.3.3 If a payment has been made against the old qualification and the apprentice/trainee
                 is transferred to the new qualification, then the payments made, will be offset
                 against the price payable for the new qualification. Total payments will not exceed
                 the price payable for the new qualification and the RTO will use the reference
                 number applicable to the new qualification.
11.0 REPORTING
       11.1   In order to facilitate Skills Tasmania’s reporting obligations to the Commonwealth, the
              RTO is be required to report, in accordance with the AVETMIS Standard6[1], on its
              activity, to Skills Tasmania annually at the conclusion of each calendar year in
              accordance with Clause 11.3.
       11.2   If submissions are not received by the due date payments to the RTO will be withheld, in
              accordance with the provisions of Clause 9.3 of this Schedule, until correct and validated
              data has been submitted by the RTO.
       11.3   The data set provided by the RTO, in accordance with this clause, must have National
              Training Information System (NTIS) consistent qualification codes and correct national
              and state funding sources. The data files should be validated utilising the AVETMISS
              validation software. This software is available from:
              http://www.ncver.edu.au/statistics/avetmiss60/avet2.htm
       11.4   Reports required in Clause 1.1, the RTO must submit a set of complete, compliant and
              validated AVETMISS data files to Skills Tasmania by the 31 January each year for the
              previous year’s enrolments.
       11.5   Skills Tasmania is under no obligation to provide assistance in meeting these reporting
              requirements but may do so to the extent that resources will allow.
6[1]
    The AVETMISS Collection is a collection of statistical information for each client (student), course or qualification, and unit of
competency/module. There are student management databases available that produce the AVETMISS reports. Further information
about these or the AVETMISS guidelines can be obtained from the Skills Tasmania website:
http://www.skills.tas.gov.au/providers/rtos/status/avetmiss or from the Co-ordinator (VET Statistics), Skills Tasmania telephone (03)
6233 8398, email avetmiss@skills.tas.gov.au
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                                                                                      Schedule 3

12.0 SCHOOL BASED APPRENTICESHIPS AND TRAINEESHIPS
  Where the RTO enrols an apprentice or trainee who is classified as a School Based Apprentice
  or Trainee, as defined in Clause 2.6 of the Funding Criteria for Apprentices and Trainees in
  Tasmania, the RTO must:
 12.1       Send a progress report to the apprentice or trainee’s school, for each apprentice or
            trainee whose enrolment was current at 1 May in each year, no later than 10 July each
            year.
 12.2       For each apprentice or trainee whose enrolment is still current at 31 October in each
            year, issue a statement of attainment and forward a copy to:
                   the apprentice or trainee;
                   the apprentice or trainee’s school; and
                   the Tasmanian Qualifications Authority:
                                   Phil Geeves
                                   Manager TQA
                                   6233 6354
                                   phil.geeves@tqa.tas.gov.au
 12.3.1     For each apprentice or trainee who has completed their apprenticeship or traineeship
            prior to 31 October in each year and the qualification has not been issued in
            accordance with the requirements of Service Standard D – Issuing of Qualifications,
            issue the qualification.
 12.3.2     Following the issuing of the qualification and no later than 10 November each year,
            forward a copy of the qualification to:
                   the apprentice or trainee;
                   the apprentice or trainee’s school; and
                   the Tasmanian Qualifications Authority.
 12.4 Where an apprentice or trainee withdraws from their apprenticeship or traineeship or the
      apprenticeship, or the traineeship is cancelled for any reason, the RTO is to issue a
      Statement of Attainment, in accordance with the requirements of Service Standard D –
      Issuing of Qualifications, and provide a copy to:
                   the apprentice or trainee;
                   the apprentice or trainee’s school; and
                   the Tasmanian Qualifications Authority
         within 30 days of the withdrawal or cancellation and no later than 10 November each year.
13.0 VOCATIONAL EDUCATION AND TRAINING RESEARCH AND EVALUATION
  13.1     In accordance with the requirements of Skills Tasmania, the RTO will provide assistance
           for national surveys managed by the National Centre for Vocational Education Research
           Ltd. These surveys will include, as a minimum, the Student Outcomes Survey. The
           main requirement for the survey is the completion of the Client Postal file [NAT00085] as
           part of the annual AVETMISS VET Provider Collection. This file must be included in the
           set of AVETMISS files returned to Skills Tasmania. Any questions concerning this file
           should be directed to the Co-ordinator (VET Statistics) on 03 6233 8398.
  13.2     The RTO will cooperate in research and evaluation activities conducted by Skills
           Tasmania, the Department of Education, Science and Training, NCVER or such
           research projects that may be endorsed by Skills Tasmania or undertaken on behalf of
           the Skills Tasmania by duly authorised third parties. Such activities may include the
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                                                                                       Schedule 3

           collection of quantitative and qualitative information in a range of forms, including
           surveys, client and activity databases, personal interviews, and focus groups and will be
           consistent with the requirements of any privacy legislation that may apply during the term
           of this Agreement.
  13.3     The RTO will adhere to specified quality standards and timetables for the supply of data,
           and will be contacted by Skills Tasmania for this data at the appropriate times.
  13.4     Further information regarding the requirements outlined in this section, please contact
           the Manager, (Information and Research) Skills Tasmania on telephone (03) 6233 4616.
14.0 TRAINING DELIVERY
         Training delivery is to be strictly in accordance with the competency statements/learning
         outcomes identified in the relevant National Training Package for the Training Program
         recognised within the Australian Quality Training Framework, and with registration
         requirements.




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                                                                                                       Schedule 4

User Choice Service Standards
These are minimum standards for the delivery                                                      of     training        to
apprentices/trainees under User Choice arrangements.

SERVICE STANDARD A. – TRAINING AND ASSESSMENT PLANNING
General Statement:
The purpose of this service standard is to provide RTOs with guidance as to
the minimum requirements required in negotiating a training plan with its
“clients”7. when delivering training under User Choice arrangements in
Tasmania.
The training plan is a flexible document; it is expected that, when necessary,
RTOs will monitor, review and amend the plan to reflect changing needs of
the client.
                                          Service Requirements:
A.1       Prior to the commencement of the delivery of structured training and
          assessment, a training plan must be devised for each apprentice or
          trainee8. The training plan must be for the full qualification listed in the
          training contract and for each stage, or intermediate qualification, of the
          funded apprenticeship or traineeship9.
A.2       When the training plan is being prepared, clients will be provided with a

          full list of elective options that the RTO is able to offer, for all stages of

          the qualification.

A.3       The training plan will be reviewed with the client periodically to ensure
          its continuing relevance to the needs of the client.
A.4       In the initial two months following commencement of the training
          agreement, jointly with the employer, develop and record on the
          training plan a preliminary on-the-job training and assessment
          schedule.
A.5       Facilitate increased employer responsibility for quality outcomes by
          developing and documenting an initial training and assessment plan
          with the client.




7
  For the purpose of this Standard, client has the same meaning as defined in the National User Choice principles
endorsed by ANTA Ministerial Council in 1997; i.e. the employer and apprentice/trainee acting together.
8
  Approval of the training contract is dependent on a training program outline being submitted with the agreement.
Those preparing the training plan should ensure that the training program outline has been completed.
9
  It is expected that the training plan will initially be structured for the indicative duration of the training contract but
timing of delivery and assessment activities may be amended to reflect the progress of individual
apprentices/trainees during periodic reviews of the training plan.
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A.6   A training plan should contain the following minimum information:
             the qualification title and national code;
             a list of all units of competency to be completed to satisfy the
              requirements of that qualification or, where these do not exist,
              a list of all relevant modules required to complete the
              qualification ;
             a list of the units of competency or list of modules required to
              be completed during the applicable year of the structured
              training or to reach an intermediate qualification outcome
              where that exists;
             provision for recording which units of competency or modules
              where credit transfer has been granted;
             the delivery methodologies and location of training delivery
              negotiated with the client in respect of the qualification
              outcome, [including off-job, on-site, on-job and other (to be
              specified)];
             indicative delivery dates, where relevant to the delivery
              options selected;
             indicative arrangements in relation to planned assessment,
              methodology and timing.
             provision for detail of any other arrangements in relation to
              nominated trainer and/or facilitator (where this is different from
              the RTO’s normal contact person).
             negotiated reporting arrangements between the RTO, the
              employer and employee (this includes method of providing
              feedback and frequency); and
             signatures of      employer,     employee      and     the     RTO’s
              representative.
A.7   Copies of the training plan are to be provided to the employer and
      apprentice/ trainee.
                           Performance Criteria
  Training plans consistent with the requirements of this Standard and are
     developed for each apprentice/trainee prior to the commencement of
     the delivery of structured training and assessment.
  Periodic reviews of the training plan are conducted with the client.
                              Evidence Guide
     Documented procedures for the development of training plans are in
      place, applied and available to all relevant staff.
     Signed training plans are in place for each apprentice/trainee that
      comply with this standard.
     Reviews of the training plan are documented.

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SERVICE STANDARD B - DELIVERY AND SUPPORT OF STRUCTURED TRAINING AND
ASSESSMENT
General Statement:
The purpose of this Service Standard is to establish a minimum service level
for the support of the delivery of structured training and assessment services
to apprentices and trainees under User Choice arrangements in Tasmania.
Service Requirements:
B.1     Deliver the training and assessment services in accordance with the
        training plan through the appropriate mode as identified in that plan.
B.2     Assist employers to access appropriate materials to                                    record
        achievements of the apprentice or trainee in the workplace.10
B.3     Provide workplace support to the client comprising a minimum of three
        workplace contacts11 for each agreement year;
B.4     Monitor the progress of the apprentice or trainee throughout the
        program including assessing the needs of the apprentice or trainee for
        additional support, for example the need for any additional literacy,
        numeracy or study skills support, and how this will be provided.
B.5     Review progress of the apprentice or trainee at the three month point,
        and at least once more before completion of any program or stage of
        the training plan;
B.6     Provide additional support or apply for tutorial support funding, as
        outlined in Schedule 1, if necessary.
                                     Performance Criteria
             Training and assessment services are provided in accordance with
              the requirements of the negotiated training plan.
             Appropriate support is provided to the client.
             Training delivery and assessment is monitored and reviewed with
              the client.
             Additional literacy, numeracy or study skills support is accessed or
              provided when the need has been identified with the client.
                                        Evidence Guide
             Documented procedures for the delivery, monitoring and review of
              training delivery and assessment are in place and available to all
              relevant staff.
             Copies of completed workplace training records are available.
             Workplace contacts are documented.
             Reviews are documented and implemented.

10
   This is especially important where the employer or workplace supervisor is identified in the training
plan as being responsible for undertaking training and assessment of the apprentice / trainee in the
workplace.
11
   For the purpose of this standard, “contact” means a physical visit.
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            Arrangements for the provision of additional support are
             documented.

SERVICE STANDARD C - FINAL ASSESSMENT

     NOTE: THIS STANDARD ONLY APPLIES TO APPRENTICES AND TRAINEES WHOSE
     TRAINING CONTRACT COMMENCES ON OR AFTER 1 JANUARY 2007

General Statement:
The Council of Australian Governments (COAG) has determined that
apprentices and trainees will be certified as competent when they have
demonstrated competency to industry standards without the need to make
special application to their respective state training authority.
The Tasmanian Training Agreements Committee (TTAC) has established a
policy to give effect to the COAG resolution.
The policy requires registered training organisations (RTOs) delivering
training to Tasmanian apprentices /trainees to inform TTAC through Skills
Tasmania when all requirements for the qualification have been assessed as
being met. The qualification must be issued in accordance with the
requirements of Section 32Q of the Vocational Education and Training Act
1994.
This means that when the apprentice/trainee can apply their knowledge and
skills in the workplace to the standards developed and agreed by industry and
as assessed by the RTO, they will have successfully completed the
requirements of their training agreement and the agreement will be completed
irrespective of the agreement’s nominal completion date12.
RTO’s are required to maintain ongoing contact with employers about
apprentice/trainee progress and to inform the employer of the intention to
undertake final assessments before the assessments are made. Any dispute
regarding assessments should be pursued through the RTO’s grievance
procedures. Unresolved concerns about completion may be referred to
TTAC.
The purpose of this standard is to facilitate RTOs meeting of their obligations
to their clients as outlined in the TTAC policy and these service standards.
Service Requirements:
Where the training plan negotiated by the RTO with the client specifies:
     1. holistic assessment, incorporating the assessment of multiple units of
        competency;
        or
     2. sequential assessment of individual units of competence, as they are
        completed;

12
  Where an apprentice/trainee has not achieved competence within the nominal term,
TTAC’s Policy 12 - Extension of Training Agreements will continue to apply. Skills Tasmania
will follow up cases where the nominal date has been reached and no application for
extension has been received.
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        or
     3. the undertaking of a summative or keystone assessment;
and the planned assessment task is the final assessment task which will
establish the apprentice/trainee’s competence to the industry standard and
lead to the issuing of the qualification, the RTO will:
C.1     undertake a final review of the apprentice/trainee’s progress 13 with the
        employer and the apprentice trainee
C.2     advise the employer and apprentice/trainee, in writing, of its intention to
        undertake the final assessment task at least 21 days prior to the
        planned date of that assessment.
C.3     inform the employer and apprentice/trainee of its grievance procedure
        at the time of giving the notice specified in C.2 above.
C.4     ensure that the assessment result is consistent with and does not
        undermine the integrity of the qualification or any other requirements to
        practice the occupation in the industry to which the qualification relates.
C.5     notify TTAC within 21 days of the date on which the apprentice/trainee
        was assessed as competent14.
C.6     where an apprentice/trainee has not reached the appropriate level of
        competency for the issue of the qualification within the nominal duration
        of the training agreement, the RTO must notify Skills Tasmania as soon
        as it becomes aware of the situation.
                                 Performance Criteria
             Final assessment services are provided in accordance with the
              requirements of the Training Package or course curriculum and
              the negotiated training plan.
             Ongoing communication about apprentice/trainee progress is
              maintained with the employer and apprentice/trainee
             Appropriate support is provided to the client.
             TTAC notified within the nominated timeframe.
             Disputed assessments are resolved effectively utilising the RTO’s
              grievance procedures.
            Extensions of training agreements are applied for in a timely
             manner.
                                    Evidence Guide
            Documented procedures for the delivery, monitoring and review of
             training delivery and assessment are in place and available to all
             relevant staff.



13
  Service Standard A.3 requires the RTO to undertake periodic reviews of the
apprentice/trainee’s progress jointly with the employer.
14 In accordance with the TTAC policy, this date is deemed the completion date.
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               Training plans provide for ongoing communication with employers
                and apprentices/trainees
               Copies of completed workplace training records are in place.
               Workplace contacts are documented.
               Reviews are documented and implemented.
               Arrangements for the provision of additional support are
                documented.

SERVICE STANDARD D – ISSUING OF QUALIFICATIONS

      NOTE: THIS STANDARD ONLY APPLIES TO APPRENTICES AND TRAINEES WHOSE
      TRAINING CONTRACT COMMENCES PRIOR TO 1 JANUARY 2007

General Statement:
The purpose of this Service Standard is to establish a minimum service level
for the issuing of qualifications to apprentices and trainees under User Choice
arrangements in Tasmania.
Service Requirements:
D.1       A qualification or a statement of attainment (where one or more
          modules/units of competency, i.e. less than a full qualification, have
          been achieved) is issued within one month of completion of the training
          contract15.
D.2       Skills Tasmania is notified of the certification outcome.

D.3       All qualifications issued must acknowledge ‘Skills Tasmania’ and bear

          the Nationally Recognised Training logo – any relevant protocols

          regarding the use of these logos must be observed.

D.4       Where an Apprentice/Trainee has been assessed as competent prior to

          the completion of the training agreement and the RTO wishes to claim

          the final payment, the RTO must complete a Notification of completion

          of training under a training contract and send it to Skills Tasmania. No

          payment will be made until receipt of this form has been noted on the

          Skills Tasmania.



15
   Other than provided for in Service Standard C, it should be noted that the qualification should not be issued before
completion of the training contract without the agreement of the employer that the apprentice/trainee is competent in
all aspects of the qualification and with the consent of all parties.
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                                          Performance Criteria
               Qualifications are issued consistent with the requirements of the
                AQF, the relevant national Training Package and this standard.
               Completions are notified to Skills Tasmania in a timely manner.
                                              Evidence Guide
               Documented procedures for the issuing of qualifications,
                notification of completions and application for early completion are
                in place, applied and available to all relevant staff.
               Records of qualifications issued are available.
               Copies of completion notifications are available.

SERVICE STANDARD E - FEES AND CHARGES

General Statement:
The purpose of this Service Standard is to establish a minimum service level
for the levying and management of fees and charges applying to apprentices
and trainees for training and assessment services delivered under User
Choice arrangements in Tasmania.
This Standard applies to fees and charges directly associated with the
delivery of structured training and assessment to the trainee such as materials
levies, first aid training etc16.
Service Requirements:
E.1       Prior to commencement of delivery, all clients must be provided with a
          clear statement of any fees and charges to be levied, in relation to the
          structured training and assessment covered by the training plan.
E.2       An undertaking that no additional charges will be imposed during the

          period covered by the training plan must be given to all clients.

E.3       Payment options, including any instalment payment plan, must be
          published.
E.4       Any exemptions that may apply must be consistent with the standard
          exemptions list published on the Skills Tasmania web site.
                                          Performance Criteria
               Fees and charges are consistent with the requirements of this
                standard.
               Payment options and exemptions policies are published.




16
     Note: the standard exemptions list does not apply to charges such as the cost of materials or first aid training.
This does not preclude the RTO from providing an exemption from these types of charges to an apprentice or trainee
if it deems it appropriate to do so.
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                                 Evidence Guide
          Documented procedures for the application of fees and levies are
           in place, applied and available to all relevant staff.
          Published policies relating to fees and charges, payment plans and
           exemptions are available.

SERVICE STANDARD F - RIGHTS OF CLIENTS UNDER USER CHOICE

General Statement:
The purpose of this Service Standard is to ensure that clients are aware of
their rights under User Choice arrangements in Tasmania. These rights are
drawn from the National User Choice Principles endorsed by the ANTA
Ministerial Council in 1997.
Service Requirements:
F.1   The RTO must provide clients with a statement of their rights under
      User Choice, that is, that the aspects of delivery open to negotiation
      are:
              selection, content and sequencing of units of competency
               and/or modules
              timing, location and mode of delivery
              trainer/facilitator
              how assessments are to be conducted
              how the training is evaluated.


F.2   The RTO must clearly outline what options are available to clients,

      including additional charges for:

              customisation; and
              training above that required for the qualification outcome.
F.3   The RTO must make clear which options it can provide or what
      alternative delivery options it can arrange.
                              Performance Criteria
          clients are made aware of their rights under User Choice.
          clients are made aware of the options available to them in respect
           of the chosen qualification.
                                 Evidence Guide
          Documented procedures for making clients aware of their rights
           under User Choice arrangements are in place, applied and
           available to all relevant staff.
          Printed statement of rights provided to clients.
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SERVICE STANDARD G - NON DELIVERY OF STRUCTURED TRAINING AND ASSESSMENT

General Statement:
The purpose of this Service Standard is to facilitate the transfer of an apprentice/trainee to
another RTO17 if, for any reason, it becomes apparent that the RTO first nominated by the
client is unable to deliver the structured training and assessment services identified in the
training plan.
Service Requirements:
G.1      If the RTO, prior to commencing delivery of the structured training and assessment,
         is unable to deliver the structured training and assessment identified in the training
         plan, it will:
                   assist the client to identify an alternative RTO;
                   manage the transfer of that client to the new RTO with all appropriate
                    records18;
                   in accordance with the RTO’s refund policy, refund any fees paid by the
                    client;
                   notify Skills Tasmania that it will no longer be providing training relating to
                    that particular qualification outcome and provide information showing which
                    clients have been transferred to other RTOs.
G.2      Where the RTO is unable to complete its training obligations under this Agreement
         with Skills Tasmania as outlined in the training plan, it should:
                   notify Skills Tasmania as soon as possible;
                   identify an alternative supplier19 of these services;
                   transfer all relevant records20 of training and assessment to that new
                    supplier;
                   provide a financial statement in relation to unexpended Skills Tasmania
                    funds and client fees and charges; and
                   return any uncommitted funds to Skills Tasmania and the client.
                                                   Performance Criteria
          The RTO assesses and/or reviews its capacity to deliver the training identified in the
          training plan when it is completed and, where appropriate, manages the transfer of
          apprentices and trainees in an efficient and timely manner in accordance with this
          standard.
                                                       Evidence Guide
                       Documented procedures for assessing and reviewing the RTO’s capacity
                        to deliver qualifications listed in the schedule to the User Choice
                        Purchasing Agreement are in place and made known to staff21.

17
   “Service Standard G – Transfer of Registered Training Organisation” addresses the situation where the transfer of RTO is initiated by
the client after commencement of the delivery of structured training and assessment.
18
   Written consent from the client to release these records may be required to ensure any privacy rights of the client are not breached.
19
   Skills Tasmania reserves the right to negotiate completion of the training for affected individuals with the new RTO if circumstances
warrant this action.
20
   Written consent from the client to release these records may be required to ensure any privacy rights of the client are not breached.
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                        Documented procedures for managing the transfer of apprentices and
                         trainees between RTOs are in place and made known to staff.
                        Documents effecting transfers in accordance with documented procedures
                         are available.

SERVICE STANDARD H - TRANSFER OF REGISTERED TRAINING ORGANISATION

General Statement:
Under User Choice guidelines, the employer and apprentice/trainee may choose to
change training organisations (RTO) during the term of the training contract. However, the
total funding provided for the qualification will not exceed the amount listed on the List of
Funded Apprenticeships and Traineeships. This provision will also apply where the
apprentice/trainee ceases employment with one employer and recommences employment
in the same apprenticeship/traineeship with a new employers and RTO within a 12 month
period.
The purpose of this standard is to facilitate an effective transfer of an apprentice or trainee
from one RTO (the Relinquishing RTO) to another (the Receiving RTO). The standard
applies to transfers either during a stage of training or, where applicable, at the completion
of a stage of training.
Service Requirements:
The Relinquishing RTO
H.1       The relinquishing RTO will:
                   ensure all training and assessment records (including the training plan) are
                    completed and provide copies to the receiving RTO within fourteen (14) days22
                    of receipt of notification from the receiving RTO that it has accepted the
                    enrolment of the apprentice/trainee;
                   invoice Skills Tasmania for any unclaimed payments for which it may be
                    eligible within thirty (30) days from the effective date of transfer [for the
                    purposes of this standard, the effective date of transfer is the date of transfer
                    approved by the Tasmanian Training Agreements Committee (TTAC)] or
                    forward any unused funds to the receiving RTO (see Clause 6.0 Transfer
                    Payments and Rebates and Clause 7.0 Rebate Calculation, in Schedule 1);
                    and
                   Upon request provide Skills Tasmania with a list of the units of competency for
                    which it holds a valid enrolment (for the purposes of this standard, valid
                    enrolment have the same meaning as for AVETMISS reporting purposes).
The Receiving RTO
H.2       The receiving RTO will:
                     notify the relinquishing RTO that it has accepted the enrolment of the
                      apprentice/trainee within seven (7) days of accepting the enrolment;



21
   This may be satisfied by a procedure that provides more generally for regular review of the RTO’s capacity to deliver training covered
by its scope of registration.
22
   For the purposes of this standard, days means calendar days not working days.
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                     notify Skills Tasmania that it has accepted the enrolment of the
                      apprentice/trainee within seven (7) days of accepting the enrolment by
                      ensuring a “Transfer of RTO Application” is lodged for approval by TTAC23;
                     liaise with the relinquishing RTO, in writing, regarding the balance of funding
                      remaining available for the provision of training and assessment services to
                      the apprentice/trainee; and
                     negotiate with the relinquishing RTO the transfer of any unexpended funds it
                      has received, from Skills Tasmania, in relation to the provision of training and
                      assessment services to the apprentice/trainee.
                                       Dispute Resolution / Non Compliance
H.3         The following will apply in cases where a dispute arises over the transfer of an
            apprentice/trainee between RTOs or there is a non-compliance with this standard.
                         In the event that the transfer of RTO is proposed as a result of a dispute
                          between the employer or apprentice/trainee and the relinquishing RTO, it
                          is expected that every effort will be made to resolve these issues using the
                          RTO’s internal grievance procedure.
                         In the event Skills Tasmania receives formal written notification of a
                          dispute or non-compliance, Skills Tasmania reserves the right to defer
                          further payments to the RTO in dispute or non-compliance, until such time
                          as the matter is satisfactorily resolved. Such resolution to be in
                          accordance with Clause 18 of the Standard Terms and Conditions for the
                          Purchase of Vocational Education and Training.
                                                    Performance Criteria
The RTO manages the transfer of apprentices and trainees in an efficient and timely
manner in accordance with this standard.
                                                        Evidence Guide
           Documented procedures for managing the transfer of apprentices and trainees
            between RTOs are in place and made known to staff.
           Documents effecting transfers in accordance with documented procedures are
            available.




23
     No payment will be made to the receiving RTO until the transfer has been approved by TTAC.
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                                                                                  Schedule 5

The TrainingNet Confidentiality Agreement
The TrainingNet Confidentiality Agreement allows access to certain Information held by
Skills Tasmania. Skills Tasmania is responsible for administering training contracts under the
Vocational Education and Training Act 1994 and maintains the Direct Entry Level Training
Administration (DELTA) database to assist with validation of apprenticeship and traineeship
information.
DELTA database contains confidential information regarding employers, apprentices,
trainees and their training contracts.
The parties agree that any disclosure of Information shall be in accordance with the terms
and conditions of this Agreement.
1.    Disclosure
1.1 Subject to the terms and conditions of this Agreement, Skills Tasmania agrees to
    disclose Information to the Recipient upon execution of this Agreement.
1.2 The parties agree that this Agreement is to cover each and every disclosure of
    Information to the Recipient by Skills Tasmania.
2.    Obligations of Recipient
2.1   In consideration for the disclosure of Information by Skills Tasmania, the Recipient
      agrees:-
      (a) to take all reasonable action to ensure that all Information supplied is protected
          against loss, theft, and unauthorised access, use, modification, disclosure or other
          misuse;
      (b) not to disclose or permit to disclose the Information to any third party without the
          prior written consent of Skills Tasmania;
      (c) to use the Information only for the purpose described in this Schedule and for
          absolutely no other purpose whatsoever;
      (d) not to copy or assist or authorise any person to copy, reproduce or store in any
          data storage or retrieval system any of the Information without first obtaining the
          written permission of Skills Tasmania;
      (e) to immediately inform Skills Tasmania of any unauthorised disclosure of the
          Information by any person at any time which comes to the knowledge of the
          Recipient;
      (f) to immediately inform Skills Tasmania of any records identified where the
          Recipient no longer provides a service;
      (g) to take all reasonable action to ensure that registered training organisation staff
          are made aware of this agreement together with state and commonwealth
          privacy legislation.
2.2 If the Recipient is provided on-line access to information in the DELTA database the
    Recipient agrees to protect access to the information through the use of a confidential
    password which is to be changed at regular intervals when a staff member who has
    access to the password leaves the organisation.
3.    Powers of Skills Tasmania
3.1 Skills Tasmania may demand (without needing to reduce the demand to writing) the
    delivery up to Skills Tasmania of all records of information and all documents in the
    possession or control of the Recipient containing the Information.
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3.2 The Recipient must immediately comply with a demand under this clause 3.
3.3 If Skills Tasmania makes a demand under this clause 3, and the Recipient has placed
    or is aware that documents containing the Information are beyond his or her possession
    or control, then the Recipient must provide full particulars of the whereabouts of the
    documents containing the Information, and the identity of the person in whose custody
    or control they lie.
3.4 In this clause 3, "documents" includes any form of storage of information, whether
    visible to the eye or not.
3.5 The Recipient acknowledges that Skills Tasmania may take legal proceedings
    against the Recipient or third parties if there is any actual, threatened or suspected
    breach of this Agreement, including proceedings for an injunction to restrain such
    breach.
3.6 Skills Tasmania may conduct audits of the Recipient as may be reasonably required
    by Skills Tasmania to ensure compliance with the Agreement;
     (b)   The Recipient shall provide all reasonable assistance to Skills Tasmania in the
           conduct of such audits;
     (c)   The Recipient acknowledges that ‘reasonable assistance’ includes access to
           appropriate information and personnel to allow the conduct of such;
     (d)   The Recipient consents and shall procure the necessary consent in respect of
           its employees, agents and sub-contractors to such audits as may be reasonably
           required by Skills Tasmania under this clause.
4.   Refusal of Access and Return of Information
4.1 Skills Tasmania may refuse the Recipient access to Information in the Delta
    Database and may also require the Recipient to return all records containing the
    Information or any representations or reproductions of the Information to Skills
    Tasmania immediately upon:-
     (a)   closure of the Recipient’s business;
     (b)   the written demand of Skills Tasmania.
4.2 If the Recipient is required to return the record of Information in accordance with
    Clause 4 1) above, and the Recipient is aware that the records containing the
    Information are not in its control, then the Recipient shall provide full particulars to
    Skills Tasmania of the whereabouts of the Information and the identity of the person
    who has custody.
4.3 The Recipient consents and shall procure the necessary consent in respect of its
    employees, agents and sub-contractors to ensure compliance with this clause.
5.   Indemnity
The Recipient hereby indemnifies and saves harmless Skills Tasmania from and against all
    loss, claims, actions, suits, proceedings, demands and costs of whatever nature or
    howsoever occurring as a result of the breach by the Recipient of any of the provisions
    of this Agreement.
6.   Ownership of Information
The Recipient acknowledges that Skills Tasmania is the owner of the Record and that
    property in the Information shall not pass to the Recipient.

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7.   Non-waiver
     The failure by Skills Tasmania to insist upon a strict performance of any of the terms
     and provisions of this Agreement shall not be deemed to be a waiver of any such
     breach or default of this Agreement.
8.   Amendments in Writing
     This Agreement may not be amended or varied except in writing signed by both parties.
9.   Governing Law
     The parties agree that this Agreement shall be governed by and construed in
     accordance with the law in force in the State of Tasmania and the parties submit to the
     exclusive jurisdiction of the Courts of Tasmania.
10. Notices
10.1 Notice or other communication which may be given to or served on the Recipient under
     this Agreement shall be deemed to have been duly given or served if it is in writing
     signed by Skills Tasmania and is either delivered by hand, posted or a copy transmitted
     electronically to the Recipient at the address set out herein or such other address as
     may be notified in writing to Skills Tasmania from time to time.
10.2 Notice or other communication which may be given to or served on Skills Tasmania
     under the Agreement shall be deemed to have been duly given or served if it is in
     writing, signed by or on behalf of the Recipient and is either delivered by hand, posted
     or a copy transmitted electronically to Skills Tasmania at the address set out herein or
     such other address as may be notified in writing to the Recipient from time to time.
10.3 Notice sent by post shall be deemed to have been given at the time when, in due
     course of post, it would have been delivered at the address to which it is sent.
10.4 Notice sent by facsimile transmission or transmitted electronically shall be deemed to
     have been given when the machine on which the notice is sent reports that the notice
     has been transmitted satisfactorily.
11. Survival of Agreement
11.1 The Recipient acknowledges and agrees that the undertakings given in relation to the
     Information shall survive termination or expiry of this Agreement and shall continue in
     force until such time as the Information becomes public knowledge other than by
     breach of this Deed.
11.2 The Recipient acknowledges that the Information will not be deemed to be public
     knowledge solely by virtue of the fact that it is embraced by more general information
     which may have become public knowledge.
Information to be Supplied
     Information defined in the list below can be used for the following purpose only:
    To assist Registered Training Organisations in the provision of training under the
     National Training Contract.
Extract of registered training contracts
 Full name of apprentice/trainee
 Date of Birth of apprentice/trainee
 Name and level of qualification

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   Qualification code (national and state)
   Training Contract - Registration Number
   Training Contract - Type (apprenticeship or traineeship)
   Training Contract - Mode (full-time, part-time, school based)
   Training Contract - Date of commencement
   Training Contract - Date of nominal completion (if active)
   Training Contract - Date of completion or termination
   Training Contract - Date registered
   Training Contract - Status (active, active-recommenced, completed, cancelled, expired,
    withdrawn, suspended)
   Training Contract – Sub-Status (for selected statuses only)
   State Funding Approval status (Yes or No)
   Employer legal name
   Employer ABN
   Employer trading name
   Employer workplace address
   Employer contact telephone number
   Employer contact facsimile number
   Name of school (if school based apprenticeship/traineeship)
   Name of New Apprenticeships Centre
   New Apprenticeships Centre contact telephone number
   Name of Registered Training Organisation
   Name of closest Skills Tasmania Regional Office
   Change since last extract (No change or updated)




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