D15/134812 Purchase of Training Services Edition. Changes from the November 2014 V2 Edition TRA General Provisions November 2014 V2 Edition TRA GENERAL PROVISIONS (Conditions of Contract) Edition Changed Definitions Apprenticeship Amended to replace ApprentiCentre with Apprenticeship Office (Refer to Page 6) ApprentiCentre Amended to replace ApprentiCentre with Apprenticeship Office (Refer to Page 6) Apprenticeship Policy Guidelines Added Apprenticeship Office website: http://www.dtwd.wa.gov.au/employeesandstudents/apprenticeshipoffice/pages/def ault.aspx (Refer to Page 6) Traineeship Amended to replace ApprentiCentre with Apprenticeship Office. (Refer to Page 16) Added Legislation/Policies (Refer to Page 23) 4.2 (b) Vocational Education and Training (General) Regulations 2009 4.2 (c) The Apprenticeship Policy 4.2 (d) School-based apprenticeship Policy 4.2 (e) Trade Skills Recognition (TSR) Policy: RPL for Class A and Class B qualifications 4.2 (f) Business rules
Changed Clauses Clause 3.3 Variations (refer to Page 21) The Service Agreement may only be varied in writing duly executed by both parties. Clause 4.1 Service Provider s Obligations (refer to Page 23) 4.1 (p) Attend training and education sessions targeted at achieving improved training outcomes and/or contract performance as prescribed by the Corporation. Clause 4.2 Quality Standards/Legislation /Policies (refer to Page 24) 4.2 (i) Training Accreditation Council (TAC) requirements RTOs registered with TAC must comply with the standards of the AQTF. Clause 9.1 Student Eligibility (refer to Page 26) 9.1(b) (vii) Persons under 18 years of age in the year of enrolment unless under a Department of Education (DoE) Notice of Arrangement (Full time) or Section 24 of the School Education Act 1999. Further information is available on the DoE website: http://www.det.wa.gov.au/participation/detcms.po rtal/ Clause 9.5 Invoice or Receipt at Student s Enrolment (refer to Page 28) 9.5 (b) where invoices are provided to a Student s employer, the Service Provider must comply with these requirements as outlined under clause 9.5(a). The student must also be provided with a copy of this information for record purposes. Clause 3.3 Variations The Service Agreement may only be varied in writing duly executed by both parties and will come into effect on the date as written in the variation. Clause 4.1 Service Provider s Obligations 4.1 (p) Attend and/or otherwise undertake training and education sessions targeted at achieving improved training outcomes and/or contract performance as prescribed by the Corporation. Clause 4.2 Quality Standards/Legislation /Policies 4.2 (i) Training Accreditation Council (TAC) requirements RTOs registered with TAC must comply with the standards for Registered Training Organisations (RTOs) 2015. Clause 9.1 Student Eligibility 9.1(b) (vii) Persons under 18 years of age in the year of enrolment unless under a Department of Education (DoE) Notice of Arrangement (Full time) or exempted from the School Education Act 1999. Further information is available on the DoE website: http://www.det.wa.edu.au/participation/detcms/portal/ Clause 9.5 Invoice or Receipt at Student s Enrolment 9.5 (b) Where invoices are provided to a Student s employer, the Service Provider may comply with these requirements as outlined under clause 9.5(a) or provide a single enrolment invoice or receipt which provides aggregated information on their employees enrolment details. Each student enrolled must still be provided with an individual copy of their enrolment invoice/receipt details for record purposes. Nov 2014 V3 Page 2 of 5
Clause 10.2 Online Reporting Requirements (refer to Page 31) 10.2 (a) Use AVETMIS Compliant software standard business rules for reporting purposes. 10.2 (g) All final UoC outcomes for the previous year must be reported by the 31 January of the following year. Payment Table 1: (refer to Page 38) *Non-assessable enrolments are only reported as Outcome 3 or Outcome 4 where the CPS is a Course in Applied Vocational Study Skills. 12.11 Payment Rate for Online or Other Remote Mode of Delivery (refer to Page 39) (a) Where a training program is delivered completely online through other Remote Modes of Delivery and the $/SCH rate for the CPS takes into consideration a Regional Loading, delivery will be funded at the $/SCH rate applicable for the Perth Region and not the rate applicable for the region in which the student resides or works and irrespective of the region in which the RTO is located. (b) Delivery that has an online component will be paid at the regional rate if it can be demonstrated that a component of faceto-face delivery was made in that region. Clause 18.1 Insurance Requirements (refer to Page 44) (a) Public Liability Insurance: covering the legal liability of the Service Provider and the Service Provider s Personnel arising out of the Services for an amount not less than $5 million for any one occurrence and unlimited in the aggregate. (b) Professional Indemnity Insurance: covering the legal liability of the Service Provider and Associates arising out of any act, negligence, error or omission made or done by or on behalf of the Service Provider, or any subcontractor in Clause 10.2 Online Reporting Requirements 10.2 (a) Use AVETMISS for reporting purposes. 10.2 (g) All UoCs commenced in the previous calendar year, irrespective of outcome, must be reported by the last business day in January of the following year. Payment Table 1: *Non-assessable enrolments are only reported as Outcome 3 or Outcome 4 where the CPS is a Course in Applied Vocational Study Skills, underpinning skills for Industry Qualifications or workplace activity in Pre- Apprenticeships. 12.11 Payment Rate for Online or Other Remote Mode of Delivery (a) Where a majority of a training program is delivered online or through other Remote Modes of Delivery and the $/SCH rate for the CPS takes into consideration a Regional Loading, delivery will be funded at the $/SCH rate applicable for the Perth Region and not the rate applicable for the region in which the student resides or works and irrespective of the region in which the RTO is located. (b) Delivery with an online component may be paid at the regional rate if it can be demonstrated that at least 30 to 50% of the SCH face-to-face delivery was in that region. Clause 18.1 Insurance Requirements (a) Public Liability Insurance: covering the legal liability of the Service Provider and the Service Provider s Personnel arising out of the Services for an amount not less than $20 million for any one occurrence and unlimited in the aggregate. (b) Professional Indemnity Insurance: covering the legal liability of the Service Provider and Associates arising out of any act, negligence, error or omission made or done by or on behalf of the Service Provider, or any subcontractor in connection with the Service Agreement for a sum of $5 million for any one claim and in the annual aggregate, with a provision of one Nov 2014 V3 Page 3 of 5
connection with the Service Agreement for a sum of $1 million for any one claim and in the annual aggregate, with a provision of one automatic reinstatement of the full sum insured in any one period of insurance. automatic reinstatement of the full sum insured in any one period of insurance. Clause 18.3 Maintenance of Insurance (refer to Page 45) 18.3 (d) Without limiting clause 18.3(a) 18.3(c) inclusive, promptly reinstate any insurance if it lapses or if cover is exhausted. Clause 18.3 Maintenance of Insurance 18.3 (d) Without limiting clause 18.3(a) 18.3(c) inclusive, promptly reinstate any insurance if it lapses or if cover is exhausted and provide a copy of the current certificate of currency to the Corporation within 10 days of the said insurance been issued. Added Clauses Clause 9.2 Advertising and Marketing (refer to Page 27) 9.2 (c) Promotional material used by the Service Provider for government subsidised training offered under the service agreement must include the indicative fee/s for any course/qualification related to the promotional material, and must include the caveat listed under clause 9.3. Clause 9.12 Participation (refer to Page 31) 9.12 (b) The Service Provider must retain both evidence of commencement and evidence of final assessment in any unit of competency (UoC) for which funding has been claimed, for a period of five (5) years following the end of this agreement. Clause 10.7 Other Reporting (refer to Page 33) 10.7 (d) Service Providers delivering to students under the age of 18 on full time NOAs must report to the Department of Education (DoE) the details of these students if they complete or withdraw from training prior to turning 18 years of age where the student is not otherwise engaged in employment and/or further study. RTOs can notify the DoE of these students by sending an email to: Nov 2014 V3 Page 4 of 5
Participation.CO@education.wa.edu.au with the student name and date of birth. Clause 12.3 Invalid Enrolment (refer to Page 35) 12.3 (b) Clause 9.12 applies for the relation of related records. Clause 9.3 Website (refer to Page 27) 9.3 (a) A copy of its most recent AQTF or NVR Quality Indicators. Clause 9.12 Evidence of Participation (refer to Page 31) 9.12 (c) The Service Provider must retain evidence of Student participation for a period of five (5) years. DELETED CLAUSES. Nov 2014 V3 Page 5 of 5