Working with RTOs to auspice or purchase VET

Transcription

1 VET guidelines for government schools D sulta n tio Con Leaders Tool #3 RA F T Working with RTOs to auspice or purchase VET Vocational Education and Training Teaching and Learning Services 1

2 Leaders Tool #3 Working with RTOs to auspice or purchase VET Contents 2 2 Introduction 3 General arrangements for working with RTOs 4 The basics of auspice and purchase arrangements with RTOs 6 Step by step guide to setting up auspice and purchase arrangements with an RTO Checklists 8 3A : checklist Questions schools should ask when selecting an RTO to auspice or purchase a VET program 10 3B : checklist Factors to consider when establishing an auspice arrangement (with TAFE SA or other RTO) 11 3C : checklist Responsibilities of parties when schools purchase VET programs Templates 12 3D : template VET in schools auspicing partnership agreement for use with non-government RTOs 16 3E : template Memoradum of administrative arrangement to be used where the RTO is a government entity 21 3F : template Purchase contract to be used where the RTO is a private provider/non-government entity 27 3G : template Parent/caregiver consent form for student participation in VET Please note The partnership arrangements in this document do not include: ÒÒ ÒÒ Trade Schools for the Future school-based traineeships and apprenticeships, or the the DFEEST Training Guarantee for SACE Students (TGSS) scheme which are eligible for subsidised training through Skills for All. Further information on these programs and Skills for All is available at Purpose of Leaders Tool #3 Leaders Tool #3 has been developed for schools, educators and registered training organisations (RTOs) to support and enhance partnerships for the delivery of industry-standard, quality-assured VET to secondary school students. Leaders Tool #3 is best read in conjunction with the DECD s Vocational education guidelines document, which provides the framework for the implementation, delivery and assessment of VET for school students including Industry Pathways Programs (IPPs) in government schools. Leaders Tool #3 focuses on partnerships with RTOs that allow students to undertake nationally recognised VET within Industry Pathways Programs (IPPs) through: ÒÒ auspice arrangements with an RTO, or ÒÒ direct purchase from an RTO. This is represented in the training pathways diagram on the right. Context The delivery of vocational education and training (VET) in secondary schools has been driven by skill and labour shortages and increased demand from employers for young people to make informed career choices. As schools, students and their parents respond to increasing training and employment opportunities, it is important to ensure that the VET activity undertaken by students, as part of their SACE, meets industry standards and is nationally recognised. Types of training providers There are two types of training providers or registered training organisations (RTOs): ÒÒ Government entities such as TAFE SA or other government schools public providers ÒÒ Non-government entities private providers There are two types of relationships possible with RTOs: ÒÒ Auspice ÒÒ Purchase (fee for service)

3 General arrangements for working with RTOs Selecting a VET provider Schools can only deliver VET in partnership with an RTO that is registered by the Australian Skills Quality Authority (ASQA). ÒÒ Registered RTOs and the qualifications they are authorised to offer are listed on the national register at ÒÒ A list of providers/rtos approved by the Training and Skills Commission (TaSC) to deliver to school students is provided at While schools are free to select any nationally approved provider to deliver their VET programs, this list provides some assurances that the providers have been assessed for quality and that the courses on scope are appropriate for school students. ÒÒ Also see VET Programs for School Students: A Good Practice Guide for South Australian Secondary Schools available from the TaSC website Entering into an agreement Arrangements made with RTOs must be formalised in written agreements in most cases, using the templates provided. These template agreements have been designed to clearly articulate the respective roles of each partner in the training and assessment services as outlined in the national standards for regulation of RTOs. Written agreements with Schedules detailing the VET program provide the basis of information needed for schools to report student VET outcomes. Marketing Materials produced by the school to market VET programs are to be produced in consultation with the RTO auspicing and/or delivering the program. Marketing materials should include the logos of the parties involved. Once the school has identified an RTO, use checklist 3A to ask questions of the RTO to determine the nature of the relationship and the details of the delivery of an appropriate auspice or purchase VET program. Direct employment DECD Industry Pathways Programs (IPPs) VET/ university Other VET options ASBA Aust School Based Apprenticeships SACE TGSS Training Guarantee for SACE Students Skills for All VET pathways within and beyond SACE 3

4 The basics of auspice and purchase arrangements with RTOs Auspice arrangements In an auspice relationship, the training and assessment is undertaken by the school but the RTO issues the qualifications and/or statements of attainment and has the responsibility to ensure that the training and assessment meets the national registration standards and the requirements of the Australian Skills Quality Authority (ASQA). The teachers/trainers that are engaged by an auspiced partner to deliver a VET course should: hold Certificate IV in Training and Assessment (TAE40110) or be able to demonstrate equivalent competencies or, in the interim, be supervised by a person holding such qualifications be able to demonstrate vocational competencies at least to the level being delivered and assessed be able to demonstrate current knowledge of the industry practices that are being assessed For further details refer to < au/ data/assets/pdf_file/0006/62277/nssc_ Communique_3_-_December_2011.pdf>. An auspice arrangement: is the key to sustainable VET delivery in a school s curriculum, with the teacher delivering within the school s existing timetable structure allows VET courses including Industry Pathways Programs to progress students career pathways and aspirations in conjunction with the SACE can provide students with a substantial VET pathway which contributes to the eligibility criteria for the Training Guarantee for SACE Students (TGSS) exposes students to training, skills and assessment that meet industry standards provides the opportunity to exchange ideas and agree to share expertise, effort, equipment, costs and resources for mutual benefit Use 3B : checklist Factors to consider before establishing an auspice arrangement Complete one checklist for each program to establish whether your site meets the requirements for an auspice VET delivery. There are two ways to auspice VET delivery: Auspice agreement with TAFE SA establishing a VET in Schools Agreement (VISA) Schedule Auspice agreement with a private (non-government) RTO and/or a public education site with RTO status Auspice agreement with TAFE SA A VET in Schools Agreement (VISA) is a negotiated agreement where qualified teachers deliver and assess nationally recognised training within the school environment in partnership with TAFE SA. A separate VISA Schedule must be negotiated for each training area to be delivered and assessed in a school. Before a VISA Schedule can be established, a Memorandum of Administrative Arrangement must be signed between the school and TAFE SA. This overarching document must be in place before individual VISA Schedules are drawn up for different VET qualifications. Procedures The VISA Schedule must be completed by the school and the TAFE SA Youth Pathways and Partnerships (YPP) representatives before the units of competency are delivered to students. The original VISA Schedule is retained by the relevant TAFE SA Youth Pathways and Partnerships Administrative Centre and a copy is provided to the school. The school should provide copies of the VISA Schedule to the school staff named in the VISA Schedule (ie those responsible for the delivery, assessment and quality assurance of the units of competency listed) and to any staff responsible for record keeping and data entry processes. Schools MUST notify YPP if a staff member NOT listed on the VISA Schedule is planned to undertake any delivery and assessment during the life of the VISA Schedule. YPP will advise schools if there is a change in the training package during the life of the VISA Schedule and will work with schools to re-negotiate any required changes to competency units. Contact details Youth Pathways and Partnerships Administrative Centre (YPP) TAFE SA Regency Campus 137 Days Rd Regency Park SA 5010 Phone

5 Further information Refer to the TAFE SA VISA Schedule Operations Manual available from the TAFE SA website < au/apply-enrol/vet-in-schools.aspx> for further details on: establishing a VISA Schedule cluster delivery and assessment registering students with TAFE SA resulting student achievement key timelines for registration and resulting parchment applications quality assurance requirements amending an existing VISA Schedule contact details Auspice agreement with n a private (non-government) RTO or n a public education site with RTO status Schools are strongly advised to set up contractual obligations between the school and a private RTO for the auspicing of VET delivery. Private RTOs and some DECD sites do not have a common agreement template (and in some cases do not have a template) for the establishment of auspicing arrangements with schools. A purchase (or fee for service) arrangement may be entered into for a variety of reasons, for example: to deliver a VET program where the school is unable or not ready to establish a VISA (auspice) arrangement to enable staff to complete VET qualifications as part of a student program which will enable a future VISA (auspice) arrangement to be set up to increase student access to nationally recognised qualifications in specific VET areas, especially in those industry areas where the school does not have the expertise and/or the required equipment/facilities, or where industry has specific training requirements to provide students with the VET needed to meet part of the criteria for a Training Guarantee for SACE Students (TGSS) place to enable a non-tgss student to join a TGSS class to provide a student with a specific pre-apprenticeship program with specific training requirements to allow students to undertake training related to licence arrangements such as Whitecard See 3C : checklist Responsibilities of parties when schools purchase VET programs Use 3D : template VET in schools auspicing partnership agreement for use with non-government RTOs where the RTO does not provide a suitable document. Written agreements Schools must set up written agreements with RTOs in order to purchase VET programs. Purchase arrangements Under a purchase arrangement, the training and assessment is purchased on a fee for service basis by the school (or cluster host school) from an RTO for a student/class (comprising students from one or more schools) where the RTO delivers and assesses: at the RTO site in the school or trade training centre in the workplace or a combination of the above For government RTOs: Use 3E : template Memorandum of administrative arrangement to be used where the RTO is a government entity For private RTOs: Use 3F : template Purchase contract to be used where the RTO is a private provider / non-government entity Caregiver/parental consent Schools are advised to seek caregiver/parental approval for student participation in purchased VET programs where the delivery takes place outside the school or under the guidance of the RTO staff. Use 3G : template Parent/caregiver consent form for student participation in VET 5

6 Step by step guide to setting up auspice and purchase arrangements with an RTO Step 1 Consider your VET needs Talk with other schools Focus on: student career aspirations local industry needs school capacity (staff, resources, facilities, budget) external support needs Share programs across the district/cluster. Step 2 Decide on the delivery mode auspice or purchase? Discuss your VET requirements with RTOs Ask questions of the RTOs use 3A : checklist Questions schools should ask when selecting an RTO If an auspice arrangement is decided, use 3B : checklist Factors to consider when establishing an auspice arrangement If a purchase arrangement is decided, be aware of the responsibilities of both parties in a purchase arrangement see 3C : checklist Responsibilities of parties when schools purchase VET programs Auspice TAFE SA will provide the written agreement (VISA Schedule) Non-government RTOs may have their own written agreement. If not, a sample agreement is included see 3D : template VET in schools auspicing partnership agreement for use with non-government RTOs Purchase Use 3E : template Memorandum of administrative arrangement to be used where the RTO is a government entity Use 3F : template Purchase contract to be used where the RTO is a private provider / nongovernment entity Use 3G : template Parent/caregiver consent form for student participation in VET 6

7 Step 3 Complete the documentation in duplicate copy for school and RTO Once the school has selected RTO/s to auspice or deliver qualifications and units of competency, written documentation should be completed and signed by the school and RTO/s before delivery commences. The contract agreement should be accompanied by a purchase order if there is a cost involved. Step 4 Establish and document contact, accountability and compliance arrangements Schools and RTOs will each provide the name, position and contact details of a designated contact person. The school s contact person will be responsible for: liaising with the RTO regarding student and school administration requirements ensuring that the RTO has adequate notice of any issues or problems that may affect the training and assessment environment (eg known student absence, pupil free days, or specific student needs such as literacy, numeracy and welfare) Maintain the partnership agreement with a continuous improvement strategy Continue the dialogue to ensure: continuous improvement, feedback and review Step 5 successful student outcomes in terms of VET completion and SACE recognition 7

8 3A : checklist Questions schools should ask when selecting an RTO to auspice or purchase a VET program 3A page 1 of 2 COPY BEFORE USE Use this chart to assess an RTO. Record your comments to help your decision. History, scope and articulation Record your comments below 1 Is the RTO registered to deliver the qualification you want? Details of RTOs, their approved scope of registration and training package information can be found at 2 Do the qualifications and units of competency suggested by the RTO and/or school have a clear pathway to further qualifications or employment? 3 Does the RTO have an appointed person who is willing to listen to the needs of schools and students and who has experience in delivering to school students? 4 What are the inherent requirements for successful completion of the course? (eg literacy, numeracy) 5 Are there any students with special learning needs requiring specific support? Has the RTO been informed and are suitable arrangements in place by the school and the RTO? 6 What dispute resolution and grievance processes are available for program participants? 7 Is the RTO willing to enter into a written auspice or purchase contract detailing the course details, and obligations of the RTO and the school individually and collectively? Quality assurance 8 Are the school and RTO aware and can act on obligations under the a Children s Protection Act 1993? b new VET quality framework and the national registration standards for accredited courses (formerly the AQTF Standards)? 9 Will the RTO work with you to evaluate the training? What continuous improvement strategies will be put in place? 10 How often will the RTO visit the school? When will these visits occur? 11 What role can the RTO have in developing teachers capacity to deliver to industry standards? Delivery 12 What ties to industry does the RTO have? 13 Will any of the delivery and assessment take place on the job? 14 Are there opportunities within the program for students to access work placements to gain the experience necessary to work in the vocation? 15 Does the RTO have capacity to select and monitor workplaces in collaboration with the school? 16 Will the RTO audit school staff and facilities to consider opportunities for auspice for some identified units of competency? 17 Is there potential for shared delivery (team teaching) and/or assessment by schools and RTOs, both of competencies and/or elements of competency? 8

9 Questions schools should ask when selecting an RTO for an auspiced or purchased VET program 3A page 2 of 2 Delivery continued Record your comments below 18 What will be the timetable for instruction for the students if they are training at the RTO s premises? 19 What is the age and gender composition of the class of students undertaking the program? 20 Does the trainer have the experience to engage with younger learners and to develop learning and assessment solutions based on school and student needs? (eg project-based delivery) 21 What processes are in place for recording and communicating students non attendance and lack of engagement at the RTO venue or workplace? 22 Is the planned, timetabled duration of the program sufficient to achieve industry competence in the program s listed units of competency? (The guide is approximately 75% nominal duration hours.) For nominal hours see the Victorian Purchasing Guide 23 Are there e-learning opportunities for program delivery (and assessment)? 24 Does the program delivery structure allow for an exit point, eg in cases where a student s circumstances mean that they are unable to continue with the program to completion? 25 What options/arrangements are there for recognition of prior learning (RPL)? 26 Can the program content (units of competency) be packaged successfully as part of a VET qualification to gain recognition as SACE credits? Assessment 27 Will the assessment take place at the school, the RTO or in the workplace (or a combination)? 28 Who will perform the assessment? What is the potential for a split of the delivery and assessment roles? Reporting 29 Can the RTO meet the specified timelines required for reporting by the school? The minimum reporting requirements for schools include: a enrolment information for funding and statistical purposes b SACE deadlines for results c reporting deadlines to students and parents? 30 How and when will the RTO communicate the results (statements of attainment and/or parchments)? 31 Is there any additional record keeping required of schools by the RTO? 32 Can the RTO provide key staff for your school to liaise with and contact regularly? Cost 33 What are the itemised costs involved in each delivery arrangement, professional development and or other nominated services? 34 What is the likely schedule, timing and arrangements for payment? 35 Are there additional costs if students need to repeat assessments? 36 Is there a cost for an auspicing agreement with a non-government entity RTO? 9

10 3B : checklist Factors to consider when establishing an auspice arrangement (with TAFE SA or other RTO) 3B page 1 of 1 COPY BEFORE USE Complete one checklist for each program. This checklist will help to determine whether your site meets the requirements for an auspice VET delivery. There are two ways to auspice VET delivery: (1) with TAFE SA and (2) with a private RTO or public education site with RTO status. 1 The qualification and associated units of competency have been explored, decided and agreed upon by the school for school delivery. 2 Facilities, equipment and other resources needed to support the delivery and assessment of the selected units of competency have been discussed with the RTO and are either identified or can be accessed/purchased. 3 Occupational health, safety and welfare requirements relevant to the selected qualification and associated units of competency have been identified and addressed. 4 Staff involved in delivery and assessment of units of competency: hold a current training and assessment qualification (eg the updated TAE40110 Certificate IV in Training and Assessment or are able to demonstrate equivalence of competencies ) have successfully completed training to be able to demonstrate vocational competencies at least to the level being delivered and assessed have relevant industry experience for the program being delivered, as defined in the relevant training package Use RPL (recognition of prior learning) for gaining necessary vocational competencies/qualifications for staff members who have substantial industry experience but no formal qualifications or for those requiring an update of their past qualifications. 5 The VET program is adequately timetabled and teaching venues have been identified. 6 The current national training package that the qualification comes from needs to be made available for teachers delivering and assessing the auspiced program see 7 An outline of the VET training program needs to be prepared and made available to students. It should provide information on the qualification title, units of competency being taught, codes, the nominal hours of units, packaging rules and total length of the program. 8 Processes need to be put in place to record and report on the VET undertaken by students at: Record your comments below enrolment the qualification title and units of competency completion the student s achievement of units of competency 9 Processes are put in place to identify and address student learning support and case management requirements. 10 The RTO may require a site visit by one of their staff members that is a specialist in the auspiced program to determine if the school can satisfy all national quality requirements and standards. 11 Understand the requirements of the RTO for enrolment and resulting of students and ensure that necessary practices are in place to record the school delivered units of competency. 10

11 3C : checklist Responsibilities of parties when schools purchase VET programs 3C page 1 of 1 COPY BEFORE USE Complete one checklist for each program. Schools must set up written agreements with RTOs in order to purchase VET programs. Use Template 1E or 1F to establish a written agreement with either a government or non-government RTO. School 1 Ensure that both parties complete and sign the relevant purchase contract, detailing the program arrangements in the contract schedules. 2 Generate a local purchase order and attach a copy to the purchase contract. 3 Organise the completion of the parent/ caregiver consent for each student to undertake the VET program. 4 Support the actions of the RTO regarding duty of care, including notification of known student absences. 5 Provide information regarding issues identified that impact upon a student s ability to engage with the training program or which present significant risk. This information will be provided, and must be treated by the RTO, in accordance with the SA government information sharing guidelines, respecting the confidentiality of information. 6 Case-manage the students to support successful VET completion. 7 Notify the RTO in a timely manner of concerns, issues or opportunities relating to services provided, while acknowledging and considering professional advice given by the RTO. 8 Meet the training costs detailed above (possibly through completion of FIN 21A) upon receipt of a Tax Invoice. RTO Registered training provider 9 Deliver, assess and result the competencies as part of the VET qualification listed in the Schedule 1, according to the requirements of the national registration standards (formerly AQTF). 10 Provide an indication of students abilities to successfully engage with the training program, and advise on strategies to support students if required (eg literacy, numeracy). 11 Discipline students during training, including the right of removal for breach of discipline/safety standards. Inform the school prior to the release of a student from the site and provide a written report supporting the action. 12 Provide regular (eg weekly) communication regarding students attendances and participation. 13 Provide official documentation and notification of students achievements in accordance with the national registration standards (statements of attainment) to students and schools to accommodate school/sace reporting requirements. 14 Any additional requirements as determined by the training package to be agreed in the written contract, eg industry placement. Both the RTO and the school 15 Ensure that all participants abide by the regulations and legal requirements for participation that are stipulated for each organisation. 16 Provide information about the program and the career pathways to clients prior to enrolment. 17 Evaluate and review the program to determine its success in meeting the needs of all concerned (collect and analyse client feedback). If appropriate, refine, reconstruct or cease the VET program according the contract procedures. 11

12 3D : template VET in schools auspicing partnership agreement for use with non-government RTOs 3D page 1 of 4 COPY BEFORE USE (use when the RTO does not have a suitable agreement) Parties Minister for Education and Child Development for and on behalf of (school) of and (RTO) of name of school/lead school for regional courses school address full name of RTO address of RTO ACN/ABN of RTO Term start date end date Services This agreement specifies the conditions and operating arrangements for the delivery of VET program/s within qualification title training package code by the school under the auspices of the above named RTO. Both parties agree to work in partnership to maintain quality of delivery and assessment process, according to the national registration standards which is monitored as part of the RTO s registration requirements. Purpose and guiding principles of the training agreement Under this agreement units of competency will be delivered and assessed by teaching staff at the school. The RTO will provide quality assurance and assessment validation and moderation services for the units of competency delivered by the school. Both parties acknowledge that this agreement will be guided by a commitment to quality education and training delivery and assessment practices that lead to successful and beneficial outcomes for students. Both parties will communicate constructively to continuously review and improve the program and to address any issues promptly and in a mutually satisfactory way. Payments to RTO for auspicing agreements Where payment to the RTO is required to establish and/or manage the auspicing arrangement a local purchase order (LPO) should be completed so that RTOs can invoice the school. In most cases schools are advised to negotiate a cost per student amount. Variations to contract It is recommended that major variations to this contract such as changes to teachers delivering or units of competency should be dealt with by the establishment of a new contract. 12 The relationship will be one of cooperative mutual support. The agreement is binding only on the basis of this integrity and mutual respect and does not represent a legally binding commitment.

13 VET in schools auspicing partnership agreement for use with non-government RTOs 3D page 2 of 4 Under this agreement: n (name of RTO) will: Consultation 1 Ensure school teaching staff are advised of national registration standards and training package requirements. 2 Validate the school s capacity to deliver in relation to physical resources, timelines, delivery and assessment processes and qualifications of delivery staff. 3 Undertake at least ONE monitoring/mentoring contact per semester, in addition to the initial consultation. 4 Evaluate and provide feedback on the schools delivery and assessment processes in accordance with national registration standards and training package requirements. Quality assurance 5 Validate assessment undertaken by the school, examining samples of assessment materials and processes used in delivery. 6 Provide opportunities for school trainers and assessors to participate in moderation, validation and evaluation meetings. 7 Ensure that Learning and assessment strategy for the training program has been prepared. Certification 8 Collect and maintain student records as required. 9 Issue statements of academic record and/or qualifications to eligible students as per the national registration standards requirements. General and administration 10 Maintain all documents in accordance with national registration standards requirements. 11 Invoice fees as specified in this agreement. 12 Ensure that this agreement is for qualifications which the RTO is registered to deliver under its scope of registration as an RTO. 13 Ensure that school, RTO, SACE Board and DECD reporting timelines are met. n (name of school) Quality assurance 1 Adhere to all requirements and processes related to maintaining national registration standards and ensure training package delivery and assessment requirements are met. 2 Notify the RTO of any variations to the details of this agreement eg, change of teaching personnel, cancellation of classes. 3 Participate in quality assurance activities including RTO internal audits and the validation and moderation of assessment. 4 Advise the RTO of key dates for submission of results. Delivery and assessment 1 In consultation with the RTO, develop and provide appropriate equipment, learning resources and facilities for the delivery of the agreed program. 2 Provide the RTO with learning and assessment plans program. 3 Ensure that teachers/trainers delivering the units/ modules in this agreement have the relevant training qualifications which meet national registration standards requirements. Where staff do not possess a relevant training qualification the school will ensure that delivery and/or assessment is supervised by a suitably qualified person. will: 4 Provide each student with details of assessments including a copy of an assessment plan for each unit or cluster of units being delivered. 5 Explain to students the role of their RTO in issuing qualifications and/or statements of attainment. 6 Where students may be eligible for recognition of prior learning, they are to liaise with the RTO to ensure appropriate processes are undertaken. 7 Provide the RTO with student results in time for the RTO to then prepare statements of attainment for the school. This must be done in time for the school to meet SACE Board deadlines. General and administrative 1 Ensure that students are registered with the RTO. 2 Organise and manage the on-the-job or workplace components of the agreed programs. 3 Provide assessment results to the RTO for individual units/modules in the areas being delivered. 4 Advise students of the RTO s parchment application processes. 5 Participate in any evaluation activities related to this agreement. 6 Monitor and record nominal hours undertaken by each student so that SACE accreditation can occur at the end of the semester/year. 13

14 VET in schools auspicing partnership agreement for use with non-government RTOs 3D page 3 of 4 Schedule to the agreement for an auspice relationship between the school and a non-government RTO Due dates for the provision of results Results from school to RTO date: Results from RTO to the school date: Services Qualification name and code: Training package name and code: Units of competency NTIS code Title of unit of competency Nominal hours Name of teacher delivering 14

15 VET in schools auspicing partnership agreement for use with non-government RTOs 3D page 4 of 4 Representatives Contact officers nominated by each partner to ensure effective communications: School contact officer name telephone mobile fax address RTO contact officer name telephone mobile fax address Signatures Both parties agree to the terms and conditions in this agreement. Changes to the arrangements specified in this agreement must be in writing and jointly agreed by all signatories as a variation to this agreement. School Signed by the Principal of (school) for and on behalf of the Minister for Education and Child Development: authorised signatory print name position RTO Signed for and on behalf of (RTO) by a person authorised by the RTO to do so: authorised signatory print name position in the presence of: witness signature in the presence of: witness signature print name print name position position on: on: date date 15

16 3E : template Memorandum of administrative arrangement to be used where the RTO is a government entity 3E page 1 of 5 COPY BEFORE USE This Memorandum of Administrative Arrangement is only to be used where the RTO is a government entity (eg TAFE SA or DECD school). Terms and conditions of engagement for VET services 16 The parties to this Memorandum of Administrative Arrangement (MAA) are specified in the attached Schedule. ECD and the RTO acknowledge that this is an administrative arrangement between administrative units or instrumentalities of the Crown in right of the State of South Australia and is not intended to create legal relations. 1 The term of this MAA will be for the period specified in the schedule unless terminated earlier by operation of law or under the provisions of this MAA. 2 The person named in the Schedule as a party s representative may exercise all of the powers and functions of his or her party under this MAA other than the power to amend this MAA. 3 The RTO warrants that: a it is accredited and approved to deliver the Services and, if applicable, is registered for Skills for All delivery; and b all of its employees engaged in providing the Services are qualified and experienced in accordance with AQTF standards. 4 If there is any change to the registration status of the RTO, the RTO must immediately notify ECD s representative of that change. 5 The RTO must provide the Services set out in the Schedule in accordance with this MAA. 6 ECD will consider advice provided by the RTO in relation to student suitability to engage successfully in a program, and, in its sole discretion, determine which of its students, as specified in the Schedule, will be enrolled in a program to be delivered by the RTO. 7 The RTO will be responsible for the supervision of the students enrolled in a program to be delivered under this MAA whilst they are in receipt of the Services, which supervision includes, but is not limited to: a whilst Services are being provided at ECD s premises; b whilst Services are being provided at any premises external to ECD: and c during any travel by the Students organised by the RTO, including but not limited to travel as part of an excursion and travel between premises of the RTO. 8 The RTO must permit ECD, its employees, agents or representatives access to any premises where the Services are being provided and to have contact with ECD students. 9 The RTO must record and monitor the attendances and engagement of the students in receipt of the Services and the RTO must promptly notify ECD of any non-attendance and/or repeated non-engagement in accordance with any directions given by ECD. 10 The RTO must provide the results for the students in receipt of the Services to ECD by the due date specified in the Schedule. 11 The RTO must report to ECD immediately upon becoming aware of any danger to any student in connection with the student s participation in the program being delivered as part of the Services. If a danger to any student has been identified, the RTO must implement or assist in implementing (as the case requires) any arrangements considered necessary by ECD to remove or alleviate that danger or remove the student from that danger. 12 The fees for the Services and the manner of payment are set out in the Purchase Order and/or Schedule and are inclusive of GST. 13 The RTO acknowledges and agrees that each participating DECD school is solely responsible for any payments due to the RTO under this MAA and there is no liability whatsoever by the Minister for Education and Child Development to the RTO to pay for the Services provided to a participating DECD school. 14 Nothing in this MAA affects the ownership of any intellectual property of a party. 15 The RTO warrants that it is entitled to use any intellectual property used by it in the provision of the Services and that in performing its obligations under this MAA the RTO will not infringe the intellectual property of any person. 16 Neither party may use any confidential information of the other party except as genuinely and necessarily required for the purpose of this MAA and neither party may disclose any confidential information of the other party except: a to an employee or agent of that party, on a need to know and confidential basis; b as required by law or a court order; or c in accordance with any parliamentary or constitutional convention. 17 The parties warrant that they are entitled to the benefits of the South Australian Government Insurance and Risk Management arrangements administered by SAICorp, the Insurance Division of the South Australian Government Financing Authority in respect of the operation under this MAA. 18 The parties acknowledge and agree that nothing in this MAA constitutes any relationship of employer and employee, principal and agent, partnership or joint venture between the parties. 19 Any notices to be issued under this MAA must be in writing and be sent to the recipient s address shown in this MAA, and if sent by prepaid post will be deemed to be served on the second business day after posting. 20 The parties will use their best endeavours to ensure that any concerns or disputes arising in connection with this MAA will be resolved amicably and expeditiously by consultation or negotiation between them. 21 ECD may terminate this contract immediately upon giving written notice to the RTO if: a ECD reasonably forms the opinion that the RTO will be unable to perform its obligations under this MAA; or b The RTO is in breach of a material obligation under this MAA and (where the breach is capable of rectification) has not rectified such breach within 14 days of ECD giving written notice to the RTO requiring rectification of the beach. 22 The RTO may terminate this MAA upon giving written notice to ECD if: a ECD is in breach of material obligation under this MAA and (where the breach is capable of rectification) has not rectified that breach within 14 days of the RTO giving written notice to ECD requiring rectification of that breach and provision is made allowing all students to complete the program in which they are then enrolled or alternative programs of vocational education and training acceptable to the students; or b the RTO becomes aware that its staff will not be available to the RTO for the performance of the whole or any part of the RTO s obligations under this MAA.

17 Memorandum of administrative arrangement to be used where the RTO is a government entity 3E page 2 of 5 Schedule to terms and conditions of contract for the provision of VET services in DECD schools Parties Minister for Education and Child Development for and on behalf of (school) of and (RTO) of name of school/lead school for regional courses school address full name of RTO address of RTO ACN/ABN of RTO Term start date end date Services Set out clear details of exactly what the RTO is to provide under this contract. 1 Program description, career pathway and employment potential 17

18 Memorandum of administrative arrangement to be used where the RTO is a government entity 3E page 3 of 5 2 Program details Qualification name and code: Training package name and code: 3 Units of competency NTIS code Title of unit of competency Nominal hours Delivery site: R RTO S School TTC Trade Training Centre Total delivery hours 4 Program delivery Venue address Dates Times Contact hours Fees and payment arrangements Tuition $ Materials and resources $ Total cost $ Payment to be made on invoice (complete details see purchase order): Number and timing of payments (as negotiated by school and RTO): 18

19 Memorandum of administrative arrangement to be used where the RTO is a government entity 3E page 4 of 5 Students Students taking part in the program being provided by the RTO, as outlined in Services. Student name School Student name School Results Date for provision of results: Purchase order Purchase order number: Attach a copy of the purchase order. Representatives Contact officers nominated by each partner to ensure effective communications: School contact officer name telephone mobile fax address RTO contact officer name telephone mobile fax address 19

20 Memorandum of administrative arrangement to be used where the RTO is a government entity 3E page 5 of 5 Signatures School Signed for and on behalf of the Department for Education and Child Development by a person authorised to do so: RTO Signed for and on behalf of (RTO) by a person authorised by the RTO to do so: authorised signatory authorised signatory print name print name position position in the presence of: in the presence of: witness signature witness signature print name print name position position on: on: date date Amendments or variations Record agreed variations that occur within the life of the contract relating to the factors below. Factor variations Specify details Endorsement Endorsement School (sign & date) RTO (sign & date) Student participants (eg withdrawal or additions) names and schools Program content competencies Timelines Delivery arrangements eg location Other specify 20

21 3F : template Purchase contract to be used where the RTO is a private provider / non-government entity 3F page 1 of 6 COPY BEFORE USE This contract is to be used where the RTO is a non-government entity. Terms and conditions of contract for VET services The parties to this contract are those parties specified in the attached Schedule. The following terms and conditions apply to all services provided by the RTO under this contract. These terms and conditions and the Schedule to this contract constitute the entire agreement between the School and the RTO and no variation to them will be binding unless agreed in writing and signed by both parties. 1 The term of this contract will be for the period specified in the Schedule unless terminated earlier by operation of law or under the provisions of this contract. 2 The person named in the Schedule as a party s representative may exercise all of the powers and functions of his or her party under this contract other than the power to amend this contract. 3 The RTO warrants that: a b c it is accredited and approved to deliver the Services and, if applicable, is registered for Skills for All delivery; all of its employees engaged in providing the Services are qualified and experienced in accordance with AQTF standards; and it will provide proof that all persons responsible for or involved in the provision of the Services under this contract and those required by the Children s Protection Act 1993 have a current and satisfactory criminal history assessment from the authorised South Australian Government Department Screening Unit established under the Children s Protection Regulations If there is any change to the registration status of the RTO, the RTO must immediately notify the Minister s representative of that change. 5 The RTO must provide the Services set out in the Schedule in accordance with this contract. 6 The School will consider advice provided by the RTO in relation to student suitability to engage successfully in a program, and, in its sole discretion, determine which of its students, as specified in the Schedule, will be enrolled in a program to be delivered by the RTO. 7 The RTO will be responsible for the supervision of the students enrolled in a program to be delivered under this contract whilst they are in receipt of the Services, which supervision includes, but is not limited to: a b c whilst Services are being provided at the School s premises; whilst Services are being provided at any premises external to the School; and during any travel by the Students organised by the RTO, including but not limited to travel as part of an excursion and travel between premises of the RTO. 8 The RTO must permit the School, its employees, agents or representatives access to any premises where the Services are being provided and to have contact with a student of the School. 9 The RTO must record and monitor the attendances and engagement of the students in receipt of the Services and the RTO must promptly notify the School of any non-attendance and/or repeated non-engagement in accordance with any directions given by the School. 10 The RTO must provide the results for the students in receipt of the Services to the School by the due date specified in the Schedule. 11 The RTO must report to the School immediately upon becoming aware of any danger to any student in connection with the student s participation in the program being delivered as part of the Services. If a danger to any student has been identified, the RTO must implement or assist in implementing (as the case requires) any arrangements considered necessary by the School to remove or alleviate that danger or remove the student from that danger. 12 The fees for the Services and the manner of payment are set out in the Purchase Order and/or Schedule and are inclusive of GST. 13 The RTO acknowledges and agrees that each participating DECD school is solely responsible for any payments due to the RTO under this contract and there is no liability whatsoever by the Minister for Education and Child Development to the RTO to pay for the Services provided to a participating DECD school. 14 Nothing in this contract affects the ownership of any intellectual property of a party. 15 The RTO warrants that it is entitled to use any intellectual property used by it in the provision of the Services and that in performing its obligations under this contract the RTO will not infringe the intellectual property of any person. 16 The RTO will indemnify the School against all costs, expenses and liabilities arising out for a breach of clause Neither party may use any confidential information of the other party except as genuinely and necessarily required for the purpose of this contract and neither party may disclose any confidential information of the other party except: a b c to an employee or agent of that party, on a need to know and confidential basis; as required by law or a court order; or in accordance with any parliamentary or constitutional convention. 18 The obligations in relation to confidential information survive the expiry or termination of this contract. Continues overleaf 21

22 Purchase contract to be used where the RTO is a private provider or non-government entity 3F page 2 of 6 Terms and conditions of contract for VET services continued 19 The RTO must effect and maintain a policy of public liability insurance at its own cost for an amount of not less than $10,000,000 in respect of any one claim for the term of this contract. 20 The RTO acknowledges that the Information Privacy Principles as they relate to the collection, storage, access to, correction, use and disclosure, of personal information, apply to the School. The RTO agrees that in performing its obligations under this contract it will act in a manner that ensures that the School is able to comply with the information Privacy Principles. The RTO must only collect, use and disclose Personal Information for the purpose of fulfilling its obligations under this contract unless otherwise permitted under this contract or the Information Privacy Principles. 21 In performing its obligations under this contract, the RTO must comply with the provisions of any legislative and other requirements of the Commonwealth, State or Local Government, particularly privacy and occupational health and safety requirements. 22 This contract will be governed by the laws of South Australia and both the School and the RTO submit to the jurisdiction of the courts of South Australia. 23 The parties acknowledge and agree that nothing in this contract constitutes any relationship of employer and employee, principal and agent, partnership or joint venture between the parties or between the School and the RTO and the RTO is solely responsible for and liable to pay all wages, salaries, benefits and entitlements and all income, payroll, sales and similar taxes, in relation to all employees of the RTO. 24 Any notices to be issued under this contract must be in writing and be sent to the recipient s address shown overleaf, and if sent by prepaid post will be deemed to be served on the second business day after posting. 26 The School may terminate this contract immediately upon giving written notice to the RTO if: a b c the School reasonably forms the opinion that the RTO will be unable to perform its obligations under this contract; or the RTO is in breach of a material obligation under this contract and (where the breach is capable of rectification) has not rectified such breach within 14 days of the School giving written notice to the RTO requiring rectification of the breach; or the RTO suffers or is, in the School s reasonable opinion, in jeopardy of becoming subject to any form of insolvency administration. 27 The RTO may terminate this contract upon giving written notice to the School if: a b the School is in breach of a material obligation under this contract and (where the breach is capable of rectification) has not rectified that breach within 14 days of the RTO giving written notice to the School requiring rectification of that breach and provision is made allowing all students to complete the program in which they are then enrolled or alternative programs of vocational education and training acceptable to the students; or the RTO becomes aware that its staff will not be available to the RTO for the performance of the whole or any part of the RTO s obligations under this contract. 28 Any termination of this contract under clauses 26 or 27 is without prejudice to any accrued rights of the parties as at the date of termination nor will it affect the coming into force or the continuation in force of any provision of this contract that is expressly or by implication intended to come into force or continue in force on or after the termination. 25 The parties will use their best endeavours to ensure that any concerns or disputes arising in connection with this contract will be resolved amicably and expeditiously by consultation or negotiation between them. 22