Purchasing Secondary Courses and Vocational Training from External Providers

Policy

This policy outlines the requirements for purchasing secondary courses and vocational training from external providers.

Summary

• Schools have primary responsibility for the delivery of senior secondary curriculum to their enrolled students.
• To offer Vocational Education and Training (VET) programs, schools must enter into contractual arrangements with Registered Training Organisations (RTOs) if the school is not a registered RTO themselves, or if the school is a registered RTO but is not registered to provide the particular program it is seeking to offer.
• All government schools entering into arrangements with RTOs must have a valid, signed contract or agreement with the RTO for the delivery of VET programs.
• Refer to the Guidance tab for further information on how to purchase VET from external providers, including template contracts and agreements. These templates are also available on the Resources tab.

Details

To offer VET programs, schools often enter into arrangements with external providers to deliver part, or all, of the Victorian Certificate of Education (VCE), including the VCE Vocational Major or the Victorian Pathways Certificate (VPC). External providers may include:

• TAFE providers
• Private providers (RTOs)
• Registered schools, including both government and non-government that are also RTOs, and
• Learn Local providers that are also RTOs.

Non-government schools

Non-government schools that plan to purchase part of their senior secondary curriculum from external providers may obtain advice from the Catholic Education Commission of Victoria or Independent Schools Victoria.

Re-engagement programs

If it is a re-engagement program, for example a VCE, including the VCE Vocational Major and VPC contract then government schools may purchase all of the secondary curriculum from an external provider. Endorsement by the DE regional officer is required for this.

Where the program is run by another provider there must be a written agreement between the school and the provider detailing the responsibilities of each party and the fee arrangements that are in place.

For further information refer to the Re-Engagement Programs Policy.

Related policies

• School Based Apprenticeships and Traineeships
• Vocational Education and Training Delivered to School Students
• Vocational Education and Training Delivered to School Students (Reference 143 of the Student Resource Package Guide)

Contact

For assistance with queries relating to purchasing VET programs, contact your relevant school sector.

Government schools

Senior Secondary Pathways Reform Taskforce, Department of Education

Email vet.secondary@education.vic.gov.au or phone 03 7022 1580

Catholic schools

Catholic Education Commission of Victoria

Contact: Peter Devery Team Leader, Pathways and Transitions, Catholic Education Melbourne.

Email pdevery@cem.edu.au or phone 03 9267 0237

Independent schools

Independent Schools Victoria

Contact: Pam Hargreaves Education Consultant, Pathways

Email pam.hargreaves@is.vic.edu.au or phone 03 9825 7246

Guidelines for purchasing secondary courses and vocational training from external providers

These Guidelines contain the following chapters:

• Overview
• Context
• Step by step guide for schools
• Roles and responsibilities
• Fees and charges
• Contracts and agreements between the parties
• Accountabilities of schools and RTOs — Safety, wellbeing and engagement
• Students with a disability
• Managing disputes, concerns and issues
• Glossary

Overview

Schools have primary responsibility for the delivery of senior secondary curriculum to their enrolled students.

To offer Vocational Education and Training (VET) programs, schools must enter into contractual arrangements with Registered Training Organisations (RTOs) if the school is not an RTO themselves, or if the school is an RTO but is not registered to provide the particular program it is seeking to offer.

These Guidelines have been developed to assist government schools as they engage with RTOs and schools for the provision of VET.

All government schools entering into arrangements with RTOs must have a valid, signed contract or agreement with the RTO for the delivery of VET programs. Refer to Student Resources Package Guide Reference 143 – Vocational Education and Training Delivered to Secondary School Students.

This guidance has been developed to assist government schools when engaging RTOs to deliver or auspice the delivery of VET as part of a student’s senior secondary program.

RTOs include:

• TAFE providers
• private RTOs
• registered schools, including both government and non-government that are also RTOs and
• Learn Local providers that are also RTOs.

Schools should use these Guidelines to understand their accountabilities and obligations when seeking to engage RTOs. The Guidelines also provide helpful suggestions on how schools should address issues of quality and value for money, duty of care arrangements for students, and the key planning issues that need to be considered when negotiating contractual agreements.

Non-government schools entering into similar purchasing arrangements are encouraged to obtain advice from the Catholic Education Commission of Victoria (CECV) or Independent Schools Victoria (ISV) before entering into a contractual agreement with an RTO.

Critical to establishing beneficial arrangements between schools and RTOs is building respectful and professional relationships between the parties and establishing open and ongoing communication, to support the operation of the contract or agreement. This will ensure that both parties are engaged in ensuring the students’ needs and outcomes are met with the provision of quality VET arrangements.

Context

Schools have primary responsibility for the delivery of curriculum for their students. However in certain circumstances schools may choose to purchase the VET qualification and/or units of competency that are 'fit for purpose', have local industry recognition, and are age appropriate for school students to undertake within a senior secondary or foundation secondary certificate. Government schools may choose a VET qualification or units of competency that make up the VET qualification from a range of RTOs for a nominated group of students.

There are various reasons why schools would purchase a VET qualification and/or units of competency, including:

• the school is not registered to deliver the VET qualification and/or units of competency - the school is not an RTO, or the school is an RTO but does not have the VET qualification and/or units of competency listed on their scope of registration
• teachers do not have sufficient training experience or qualifications to deliver the VET qualification and/or units of competency as required under standards required by VRQA or ASQA
• the school does not have the industry standard facilities and equipment to conduct the training under standards required by VRQA or ASQA

It is important for all schools to ensure that they continue to meet their responsibilities and accountabilities in accordance with Department policy when purchasing VET qualifications and/or units of competency from RTOs.

Delivery of VET by an RTO

Schools can enter into a purchase arrangement with an RTO on a ‘fee for service’ basis for the RTO to directly deliver the training and assessment of the VET qualification and/or units of competency to secondary students.

The RTOs can deliver the VET in a number of different settings:

• at the RTO site
• in the school or Trade Training Centre (TTC) or Trade Skills Centre (TSC)
• a combination of the above

In some circumstances, schools can work collaboratively to develop partnership arrangements where they cluster for the purchasing of VET qualifications and/or units of competency from RTOs.

Auspice Arrangements

In auspicing arrangements, the training and assessment of the VET qualification and/or units of competency are delivered by the school under the supervision of an RTO. The RTO is responsible for the issuing of qualifications and/or the ‘statement of attainment’, and must ensure that the school’s training and assessment meets the requirements of VRQA or ASQA.

Before establishing an auspicing arrangement, schools should consider if they can and want the VET qualification and/or units of competency to be delivered on their premises. It will be important to consider if the school’s premises meet the requirements for the delivery of the relevant certificate and that the RTO is able to auspice the VET qualification and/or units of competency. The RTO may assist in this regard by auditing school staff and facilities to consider opportunities for auspicing of identified units of competency.

Where an RTO auspices the school’s delivery of the VET qualification and/or units of competency, the teachers in the school who will deliver the program must have all of the following:

• hold either registration as a teacher or Permission To Teach (PTT) with the Victorian Institute of Teaching (see Education and Training Reform Act 2006 (Vic))
• hold Certificate IV in Training and Assessment (TAE40116) or an approved equivalent
• have the relevant vocational competencies at least to the level being delivered or assessed
• can demonstrate current industry skills directly relevant to the training/assessment being undertaken and
• continue to develop their VET knowledge and skills as well as their industry currency and trainer/assessor competence (see Standards for NVR Registered Training Organisations Section 15.4 and Australian Quality Training Framework — Essential Conditions and Standards for Continuing Registration Section 1.4)

Where staff are engaged in providing services at a school and are absent due to unforeseen circumstances, replacement staff must be found that satisfy the criteria listed above. If such replacement staff satisfy the above criteria but not the requirement to hold either registration as a teacher or Permission To Teach with the Victorian Institute of Teaching, the replacement staff can be utilised if they are supervised by a VIT registered teacher.

An auspice arrangement can:

• provide sustainable delivery of the VET qualification and/or units of competency in a school’s curriculum, with the teacher delivering within the school’s existing timetable structure
• provide the opportunity to exchange ideas and agree to share expertise, effort, equipment, costs and resources for mutual benefit
• allow schools to host and deliver to students from other schools in their auspiced VET qualification and/or units of competency

Permission To Teach and VET

The Victorian Institute of Teaching (VIT) has developed a category of Permission to Teach (PTT) designated for VET trainers. For more information on PTT, including PTT (VET), visit the VIT website: Applying for Permission to Teach

Written Agreements

All schools entering into direct arrangements with RTOs must have a valid, signed contract. There are four standard Contracts and Agreements that schools must use for the purchase of the VET qualification and/or units of competency.

The four types of templates are:

1. Standard VET Purchasing Contract
2. Standard VET Auspicing Contract
3. School to School VET Purchasing Agreement
4. School to School VET Access Agreement

The Standard Contracts and Agreements for use by schools are available on the Resources tab.

1. Standard VET Purchasing Contract

This contract is to be used by schools when purchasing a VET qualification and/or units of competency from an RTO and the VET program is to be delivered and assessed by the external RTO’s own staff. Site of delivery can be either at the School or RTO (or at an alternative agreed upon site).

The school’s ongoing monitoring of the contract is important to ensure continuing value for money and that deliverables are being met according to the contract.

2. Standard VET Auspicing Contract

This contract is to be used for the purpose of a school entering into an auspicing arrangement with an RTO.

That is where the school is in a position to deliver some or all of the VET qualification and/or units of competency to their students using their own staff and facilities, however, the school is not an RTO, or the school is an RTO but does not have the VET qualification and/or units of competency listed on their scope of registration.

In these arrangements an RTO is engaged to provide oversight and monitoring of the school’s teaching of the program to ensure that registration requirements are met. This may include (but is not limited to):

• professional development
• supervision of staff
• curriculum materials
• validation of assessment

All certification is provided by the RTO and the RTO is responsible for compliance with all requirements of the registering body – either ASQA or VRQA.

3. School to School VET Purchasing Agreement

This agreement is to be used for the purpose of a government school entering into an access arrangement with another government school where the Host School is also an RTO.

This agreement is only applicable when a government school purchases from another government school.

4. School to School VET Access Agreement

This agreement is to be used for the purpose of a government school entering into an access arrangement with another government school where the Host School has an agreement with an RTO for either auspicing or direct delivery of VET qualifications.

This agreement is only valid when a government school purchases from another government school. In these arrangements the Accessing School is required to read and understand the Host School’s contract (the Host School is required to have in place a Standard VET Auspicing Contract or Standard VET Purchasing Contract).

Step by step guide for schools

Setting up Purchasing and Auspicing Contracts with an RTO or Access Agreements with another government school

Step 1: consider your needs for a VET qualification and/or units of competency

• Student career aspirations, student needs and subject selections
• VCAA VCE including the VCE Vocational Major VET Programs and requirements, for example, qualifications/units of competencies which make up the VCAA program or other block credit arrangements
• Local industry needs including alignment with skill shortage areas, and opportunities for future employment
• Structured Workplace Learning (SWL) opportunities
• Existing delivery resources/arrangements, for example opportunities for sharing program delivery across the district/cluster and economies of scale (e.g. facilities, staffing)

Step 2: decide on the delivery mode

• What delivery mode and learning teaching strategies are most suitable for your students? (For example, do you have students with special needs, age of students, geographical considerations?)
• Do you have both the teaching and physical resources that meet the requirements of the VET qualifications you have decided to offer to students? Is it most appropriate to:
  1. deliver and assess the qualification at your school with the RTO providing auspicing services, or
  2. send students to an RTO to access training and delivery, or
  3. access training and assessment from another school that is purchasing VET from an RTO?

Step 3: identify the most appropriate RTO for each VET qualification and/or units of competency

• Use http://www.training.gov.au to search the national register of RTOs and accredited courses to find RTOs registered to deliver the qualifications you require. The Victorian Skills Gateway will identify TAFE Institutes and Government subsidised RTOs and the courses they deliver.
• Ensure that RTOs are registered with VRQA or ASQA and have the VET qualification and/or units of competency you are seeking to purchase on their scope of registration.
• Follow the schools procurement policy and procedure to select a provider that will provide value for money (for example, cost, support services, quality systems, infrastructure).
• Ask if they have experience in delivering VET to senior secondary students.
• Confirm if it is financially viable for both parties to enter into arrangements.
• When the RTO is undertaking scored assessment, ensure that all associated responsibilities are clearly understood.
• Ensure that the RTO has systems, policies, procedures and safeguards in place to ensure students are safe and supported while undertaking the VET qualification and/or units of competency. This includes ensuring the RTO:
  • can provide a suitable and safe premises for students
  • can provide adequate supervision for students
  • has teaching staff that are appropriately qualified
  • has obtained Working With Children Checks for staff that will be supervising students in program delivery
  • implements strategies to prevent workplace discrimination, harassment and bullying
  • can appropriately manage student disabilities, medical needs and welfare issues
  • has appropriate emergency management plans and procedures in place
  • has published their complaints and appeals processes
• Determine if any travel involved is suitable for your students.

Step 4: consider duty of care requirements

• Principals and teachers are held to a high standard of care in relation to students.
• The duty of care requires all principals and teachers to take all reasonable steps to reduce risk.

Step 5: negotiate with the RTO and complete the relevant standard Contract or Agreement

• Ensure the RTO is aware of the key elements of the service to be provided, including deliverables and timeframes, and curriculum requirements (for example, VCE VET Programs and block credit arrangements, scored assessment where available, and the contribution of the VET qualification and/or units of competency to the VCE including the VCE Vocational Major, or the Victorian Pathways Certificate (VPC)).
• Clarify all costs the school will be accountable for, including any costs to students/parents such as a materials levy.
• Establish timelines for reporting student progress and competency achievements.
• Once the school has selected an RTO, a Contract or Agreement should be completed and signed by the school and RTO before delivery commences.

Note that contract variation can be made with the agreement of both parties.

Step 6: establish how the arrangements will be implemented

Assign school contacts to be responsible for:

• student and school administration requirements, including the RTO reporting on the deliverables listed in the Reporting Details schedule within agreed timeframes
• ensuring that the RTO has adequate notice of any issues or problems that may affect the training and assessment environment (for example, known student absence, pupil free days, excursions, or specific student needs such as literacy, numeracy and welfare or other items identified in the contract)
• ongoing student support
• ensuring successful student outcomes in terms of completion of the VET qualification and/or units of competency.

Roles and responsibilities

The following outlines the key roles and responsibilities of parties involved in purchasing VET arrangements but is not an exhaustive list.

Student

• Discusses aspirations, choices and relevance of the VET qualification and/or units of competency to their course of study with parent/carer and career adviser and subject teachers
• Decides, together with their parent/carer and career adviser, which VET qualification and/or units of competency will form part of their course of study
• Attends training as organised by the school and notifies the school and RTO (if applicable) of absences
• Undertakes and completes the appropriate VET qualification and/or units of competency to the best of their ability, including any mandatory work placements

Parent/carer

• Supports and assists their child to make appropriate and informed course and career choices
• Gives permission for the student to undertake the VET qualification and/or units of competency, including any training outside of normal school hours and any required travel arrangements
• Gives permission for the student to undertake and Structured Workplace Learning
• Reports any absences to the school as required
• Maintains communication to support the school and RTO with any issues during the VET qualification and/or units of competency
• In giving permission for the student to undertake the VET qualification and/or units of competency, provides details of any known medical condition which may affect the student and any medication or treatment which may be relevant, and gives consent to the release of any necessary health information in relation to the student by the Principal pursuant to the Health Records Act 2001 (Vic)
• Makes any payments as required by the program which are covered by the Parent Payment Policy

School

Before contracting the VET qualification and/or units of competency:

• Provides advice to the student in developing their career plan, including advice about the VET qualification and/or units of competency, course and RTO details
• Where possible offers the VET qualification and/or units of competency on the basis of student aspirations and demand
• Consider the advantages and disadvantages between purchasing and auspicing arrangements with an RTO for the delivery of the VET qualification and/or units of competency and selects the most optimal option/s
• Checks that the RTO is registered with the VRQA or ASQA and has on their scope of registration the VET qualification and/or units of competency to be delivered
• Negotiates individual arrangements with RTOs ensuring key deliverables can be provided within agreed timeframes
• Chooses an RTO to contract based on market options, value for money and track record of quality delivery
• If the VET qualification and/or units of competency is a VCE VET Program, ensures the subject meets the VCE VET unit requirements
• Checks the contribution towards the VCE including the VCE Vocational Major, or the Victorian Pathways Certificate (VPC) of the VET qualification and/or units of competency on VASS to ensure the student is eligible to complete their chosen senior secondary certificate
• Where the RTO is providing access to scored assessment, ensures the RTO clearly understands the associated responsibilities
• Conducts a risk assessment and takes all reasonable steps to reduce risks in the provision of the VET qualification and/or units of competency
• Informs the RTO of any student issues that need to be addressed to minimise health and safety risk while attending training, including medical information and treatment, and specific student needs
• Provides the student with information on the VET qualification and/or units of competency
• Provides a school staff member to regularly communicate with the student for ongoing pastoral and duty of care requirements
• Develops a sustainable funding model using the Student Resource Package and targeted VET funding
• Complies with the Parent Payments in Victorian Government Schools policy in the delivery of the VET qualification and/or units of competency
• In instances where classes are discontinued and the arrangement with the RTO ceases, the school organises alternative arrangements with the support of the RTO

During delivery of the VET qualification and/or units of competency:

• Arranges for appropriate SWL to match the VET qualification and/or units of competency being undertaken
• Retains core responsibilities for the student including, duty of care, maintenance of records, reporting etc
• Manages the contract and ongoing relationship with the RTO for the delivery of the VET qualification and/or units of competency

Registered Training Organisation (RTO)

Before contracting the VET qualification and/or units of competency:

• Ensures registration with VRQA or ASQA and ensures that the VET qualification and/or units of competency to be delivered is on their scope of registration
• Ensures the packaging of units of competency to be delivered within the VET qualification and/or units of competency are ‘fit for purpose,’ meet training package requirements, and are age appropriate for school students to undertake within a senior secondary certificate
• Negotiates individual arrangements with schools ensuring key deliverables can be provided within agreed timeframes
• Takes all reasonable steps to reduce risk in the provision of the VET qualification and/or units of competency
• Provides a key contact person to regularly communicate with the school
• Meets relevant standards as required by VRQA or ASQA
• Notifies the school of attendance information and absences when there is delivery outside the school site

During delivery of the VET qualification and/or units of competency:

• Engages with the school in an ongoing relationship under the contract
• Delivers the VET qualification and/or units of competency under purchase or auspice arrangements
• Is responsible for the assessment of and reporting on the student for the VET qualification and/or units of competency under purchasing arrangements (not auspicing arrangements) and ensuring assessment and reporting meets contractual obligations
• Is responsible for the supervision of students undertaking VET at the RTO’s site
• Is responsible for issuing VET certificates or statements of attainment in a timely manner as indicated in the contract
• Where the regular trainer is unavailable due to unforeseen circumstances, the RTO is responsible for organising alternative arrangements as follows:
  • where delivery is taking place at the school, RTO has the responsibility to arrange a replacement trainer. The replacement trainer should have the appropriate VIT registration of Permission To Teach. If the replacement trainer does not have VIT registration of Permission to Teach, they may attend class as a guest speaker under the supervision of a school teacher
  • where delivery is taking place at the RTO, the RTO has the responsibility to arrange a replacement trainer to take the class and supervise students

Fees and charges

Parent payments in Victorian government schools

Victorian legislation provides that instruction in the standard curriculum program must be provided free to all students in Victorian government schools. Free instruction includes the provision of learning and teaching activities, instructional supports, materials and resources, and administration and facilities associated with the standard curriculum program. Free instruction applies to VET programs. This is the case for both purchasing and auspicing arrangements.

Parents and carers can be asked to pay for essential education items including:

• items provided by the training provider which students take possession of including learning materials and log books
• materials for learning and teaching where your child consumes or takes possession of the finished articles (e.g. food produced in hospitality, items produced in furnishing and engineering, ownership of music or media items)
• uniform or trade appropriate clothing and equipment (e.g. work boots, protective clothing and tools or equipment such as knives, musical instruments etc.)
• travel costs incurred in the course of receiving the instruction from a teacher or other person (e.g. to TAFE)
• essential services associated with, but not considered to be part of, 'instruction' in the standard curriculum program, such as costs associated with camps and excursions which all students are expected to attend (e.g. work placements, site visits and trade expos)

Optional extras are those that are provided in addition to the ‘standard curriculum program’, and which are offered to all students. These optional extras are provided on a user-pays basis and if you choose to access them for your child you will be required to pay for them:

• instructional supports, resources and administration beyond the provision of the standard curriculum program (e.g. student computer printing for personal use, internet access for recreational or non-school use, and religious education materials)
• extra-curricular programs or activities offered in addition to the standard curriculum program (e.g. instrumental music tuition)
• entry fees for school run performances, productions and events
• materials for subjects where the payment sought is the difference between the basic materials or services required for the standard curriculum program and higher cost alternatives which may be more desirable (e.g. requesting payment for the use of mahogany in woodwork instead of the standard pine)
• materials and services offered in addition to the ‘standard curriculum program’ (e.g. school magazines or school photographs)
• school facilities and equipment not associated with provision of the ‘standard curriculum program’, and not otherwise provided for through the School Resources Package (e.g. student accident insurance, and hire/lease of equipment such as musical instruments or notebook computers)

Payment requests by schools must be clearly itemised within each category.

The RTO must not request any payments from students or parents for or in relation to the provision of a VET qualification and/or units of competency. Only schools may charge fees directly to students.

Once a student has left school, the school will not bear any responsibility for additional costs that may be incurred by the student, for example, printing of replacement certificates or statements of attainment.

For further information on parent payments in Victorian Government schools, refer to Parent Payments.

Contracts and agreements between the parties

The standard contracts and agreements for use by government schools have been created to allow schools and RTOs to fully understand their respective obligations regarding the delivery of a VET qualification and/or units of competency. It provides the framework for both parties to negotiate the specific activities and conditions to be delivered by the external provider.

The standard contracts and agreements can be found in the Resources tab.

The standard contracts and agreements provide schools with the capacity to incorporate additional information or specifications in relation to student needs or other special requirements as agreed by both parties.

Standard contracts and agreements include the following schedules:

• Program Details
• Services
• Training
• RTO Personnel/School Personnel/Host School Personnel/Trainers
• Students’ Details
• Reporting Details
• Template — Request for RTO to contract with a Sub-Contractor
• Template — Contract Variation Notice
• Template — Agreement Variation Notice
• Equipment provided by School Council/Purchasing School
• Fees.

The standard contracts and agreements require that the RTO must provide the School Council with all reports, data or other information that the School Council may request to enable it to adequately assess the performance of the RTO. Additionally the RTO must permit the School Council, its employees, agents or representatives access to any premises where the services are being provided.

The Contracts and Agreements should reflect the range of activities that schools and the RTOs have agreed to be delivered. It also confirms the terms of the relationships between the two parties that schools are obligated to address.

Variations to contracts can be made using the Template — Contract Variation Notice or Template — Agreement Variation Notice, which are attached to the standard Contracts and Agreements.

Accountabilities of schools and RTOs — Safety, wellbeing and engagement

The responsible parties in VET purchasing and auspicing arrangements have different duties in the safe planning and delivery of the VET qualification and/or units of competency. Schools and RTOs need to be aware of these accountabilities.

Duty of care — schools

School staff owe a duty of care in relation to their students. This duty of care requires that school staff take active and reasonable steps to reduce risks of reasonably foreseeable injury to their students.

These steps will include:

• when engaging an RTO to provide a VET qualification and/or units of competency to students, the school principal must undertake due diligence and enquiries to ensure that the provider will deliver a suitable and quality program and has systems, policies, procedures and safeguards in place to ensure students are safe and supported while undertaking the VET qualification and/or units of competency. This includes ensuring that the RTO:
  • is properly registered with the VRQA or ASQA and the VET qualification and/or units of competency is on their scope of registration
  • can provide a suitable and safe premises for students
  • can provide an adequate supervision of students
  • has teaching staff that are appropriately qualified
  • has obtained Working With Children Checks for staff that will be supervising students
  • implements strategies to prevent workplace discrimination, harassment and bullying
  • can appropriately manage student disabilities, medical needs (having been provided by the school with student medical and treatment information) and welfare issues
  • has appropriate emergency management plans and procedures in place
• ensuring that the RTO signs a standard Contract or Agreement
• ensuring that the RTO provides appropriate preparation for students prior to the commencement of the VET qualification and/or units of competency (e.g. requiring that students undertake relevant Occupational Health and Safety training)
• implementing strategies to ensure that school staff can identify and address any incidents or issues that may arise while a student is undertaking the VET qualification and/or units of competency. This should include:
  • regularly checking in with students as to the progress of the VET qualification and/or units of competency and asking if they have any particular concerns
  • nominating a school staff member/s for the student to contact regarding any issues the student may experience with their VET qualification and/or units of competency
  • providing pastoral care and supports to address issues that may arise while undertaking the VET qualification and/or units of competency
• schools should also have a clear understanding of financial requirements and internal delivery of core responsibilities that continue (e.g. reporting, attendance, records management etc.)

RTO responsibilities

The RTO must:

• provide a safe place of training
• provide supervision of the student consistent with the RTO code of conduct
• ensure it understands and complies with its obligations under the Contracts and Agreements
• provide the student with information and support about the training requirements being undertaken
• ensure all trainers providing training services to the school have undertaken a satisfactory police records check and a satisfactory Working With Children Check under the Worker Screening Act 2020 (Vic), unless the RTO is satisfied that such person is exempt under the Act from a check
• ensure all trainers comply with the requirements under the standards for RTOs registered with VRQA or ASQA
• report any student absences to the school in the first hour of training delivery or as agreed between the parties

Anaphylaxis management in schools

Anaphylaxis is a severe and sudden allergic reaction when a person is exposed to an allergen. The most common allergens in children are eggs, peanuts, tree nuts (e.g. cashews), cow's milk, fish and shellfish, wheat, soy, certain insect stings and medications.

Anaphylaxis is a serious health issue for a percentage of the population and the Department recognises the key to preventing an anaphylactic reaction by a student is knowledge, awareness and planning.

Ministerial Order 706: Anaphylaxis Management in Victorian Schools (PDF) is effective from 22 April 2014 and replaces Ministerial Order 90. The new Ministerial Order includes requirements that registered schools must meet if the school has enrolled a student where the school knows, or ought reasonably to know, that the student has been diagnosed as being at risk of anaphylaxis.

These requirements include having an anaphylaxis management policy covering matters described in Ministerial Order 706, and complying with the Anaphylaxis Guidelines, as developed by the Department.

Registered schools must meet these requirements as a condition of registration, in relation to the minimum standards and other requirements for school registration, and under Section 4.3.1(6)(c) of the Education and Training Reform Act 2006 (Vic).

For further information about Ministerial Order 706 or anaphylaxis management refer to the Department policy: Anaphylaxis

Further information can also be obtained by contacting the Royal Children’s Hospital Anaphylaxis Advisory Line on 1300 725 911.

Parent/carer consent

Schools are advised to seek parental/carer approval for student participation in a VET qualification and/or units of competency where the delivery takes place outside the school or under the guidance of external staff.

Student health and engagement

The school should provide the RTO with a copy of the Student Engagement and Inclusion Guidance policy and the RTO should provide the school with its relevant polices relating to health, first aid, wellbeing, welfare and engagement. The school should be satisfied that school policy and RTO policy are in alignment.

Attendance

Students are expected to attend the school in which they are enrolled, during normal school hours every day of each term, unless:

• there is an approved exemption from school attendance for the student or
• the student is registered for home schooling and has only a partial enrolment in a school for particular activities

A student is considered to be in attendance at school when involved in an offsite curriculum program or other activity organised by the school (for example an excursion or camp), or where the student is engaged in a re-engagement program or another school part time to make up full time attendance and the schools or settings have agreed the time fractions, allocation of Student Resource Package (or other funding) and the educational plan for the student.

Where there are arrangements for RTOs to deliver a VET qualification and/or units of competency on behalf of schools, schools should have clear processes in place to manage and respond immediately on the day to absences reported by parents and students, as well as absences that occur without prior notice.

Under purchasing arrangements the RTO must record and monitor the attendances and engagement of the students and report this back to the school.

Under auspicing arrangements, the school must record and monitor the attendances of the students and report this back to the RTO.

In relation to absences, it is recommended that the general process be followed as outlined.

Suggested process for managing explained and unexplained absences in VET qualifications and/or units of competency delivered at the RTO site or a site external to the school (e.g. another school, TTC/TSC etc.):

Explained absences

1. Student or parent reports absence directly to the school.
2. School reports absence to RTO Key Contact person or other nominated individual.
3. RTO notifies relevant personnel.

Unexplained absences

1. RTO/Host School becomes aware student is absent from their VET qualification and/or units of competency.
2. RTO/Host School notifies Key Contact person or other nominated individual at the school.
3. School follows up unexplained absence with student or parent.
4. If absences remain unexplained, school to follow the Department policy on Attendance.

Students and Parents

Students and parents should always report absences directly to the school, not the RTO.

School

Where the school is notified of an absence by students or parents, the school should report the absence to the RTO Key Contact person or other nominated individual.

RTO

Where a student is absent from the RTO premises and the RTO has not been previously notified, the RTO should contact the School Key Contact person or other nominated individual at the school.

Further information on attendance is at: Attendance.

Excursions and Activities

There are a range of documents that have been prepared in relation to excursions and activities for school students. RTOs should speak directly with schools to ensure all policy requirements are met before finalising excursions and activities. Further information is available at Excursions.

Students with a disability

Under section 32 of the Disability Discrimination Act 1992 (Cth), education providers must comply with the Disability Standards for Education 2005 (Cth). The Disability Standards for Education 2005 set standards for education and training providers, including Victorian government schools. To comply with the Standards, education providers must make ‘reasonable adjustments’ to accommodate a student with a disability. RTOs must comply with the Disability Standards for Education 2005.

An adjustment is a measure or action taken to assist a student with a disability to participate in education and training on the same basis as other students. Adjustments may, or may not require additional resources. Some students benefit from small adjustments to the curriculum such as the delivery of instructions in writing rather than verbally, sitting at the front of the classroom, or taking regular breaks to get up and move limbs or stretch their back. Others require more substantial adjustments, such as assistance with self-care or intensive supervision.

The Disability Standards apply to all students with a disability, not just those who are eligible for support under the Program for Students with Disabilities.

Adjustments may involve a combination of:

• Addressing physical barriers, including modifications, to ensure access to buildings and facilities
• Modifying programs and adapting curriculum delivery and assessment strategies
• Providing ongoing consultancy support or professional learning and training for staff
• Specialised technology or computer software or equipment
• Provision of study notes or research materials in different formats
• Services such as sign language interpreters, visiting school teams or specialist support staff
• Additional personnel such as tutors or aides for personal care or mobility assistance

More information supporting students with disability can be found in the Program for Students with a Disability.

Managing disputes, concerns and issues

Disputes

The School Council should seek legal advice from the Department's Legal Division at each stage of dispute resolution, as outlined below. If the dispute remains unresolved, the School Council should seek further legal advice from the Legal Division regarding their options.

Disputes — Standard VET Purchasing Contract and Standard VET Auspicing Contract

The Standard VET Purchasing Contract and Standard VET Auspicing Contract outline a process to manage disputes between the parties.

If any dispute arises under or in connection with the Contract which is not able to be resolved by the School Council and the RTO within 14 days, the nominated senior executive officer (or equivalent) of each of the School Council and the RTO will promptly meet and discuss in good faith with a view to resolving the dispute.

If any dispute is unable to be resolved in accordance within 14 days, the parties have agreed in the contract to endeavour in good faith to settle the dispute by mediation administered by the Australian Commercial Disputes Centre (ACDC) in accordance with ACDC's guidelines, before resorting to arbitration or litigation.

If the parties fail to settle any dispute in mediation, the parties may agree to submit the dispute for resolution to final and binding arbitration under the Rules of Arbitration of the Institute of Arbitrators and Mediators Australia by one or more arbitrators appointed in accordance with those rules.

Disputes — School to School VET Purchasing Agreement and School to School VET Access Agreement

If a dispute arises between two government schools, within 14 days a nominated senior executive officer (or equivalent) of each party will promptly meet and discuss in good faith with a view to resolving the dispute.

If any dispute is unable to be resolved in 14 days, or such other time as the parties may agree, the parties agree to refer the dispute for resolution by the Secretary of DET.

Disputes — Continuing Obligations

The parties to a dispute will continue to perform their respective obligations under the contract or agreement, pending the resolution of the dispute.

Access to Information

The RTO is required under the standard Contracts to provide timely information on both attendance and reporting and assessment.

Where there are issues with obtaining access to information, in the first instance, the school should raise the issues with the RTO Key Contact Person as nominated in the contract as it is a contractual requirement that information listed in the Reporting Details schedule is provided to the school according agreed deadlines.

Complaints and Appeals

There are a range of complaint processes in relation to schools and RTOs.

Government Schools — Parent Complaints

If you are a parent, when making a complaint:

• your child's school should always be your first point of contact
• concerns are best resolved at the school
• the Department expects that most complaints will be resolved by the school

Further information on Parent Complaints – Government Schools is available at: Parent Complaints.

Complaints and Appeals — RTOs

RTOs are required to have a complaints and appeals process that will ensure learners' complaints and appeals are addressed effectively and efficiently. This is required whether the RTO is registered with VRQA or ASQA. This is also required under Part 4.6A.2 of the Education and Training Reform Act 2006 (Vic). Contact the RTO directly for more information about their complaints and appeals processes.

Registration requirements

Where schools are entering into purchase or auspice arrangements with an RTO, the RTO must be:

• registered with either the VRQA or ASQA; and
• the VET qualification and/or units of competency being purchased or auspiced must be listed on the scope of registration of the RTO, which is available at www.training.gov.au

Concerns about any aspects of registration requirements can be raised with either:

• VRQA: Complaints
• ASQA: Complaints

Glossary

AQF

Australian Qualifications Framework

ASQA

Australian Skills Quality Authority

CAPs

Career Action Plans

CECV

Catholic Education Commission of Victoria Ltd

DE

Department of Education

ISCs

Industry Skills Councils

ISV

Independent Schools Victoria

MIPs

Managed Individual Pathways

NRT

Nationally Recognised Training

PTT

Permission To Teach

PAL

Department Policy and Advisory Library for Schools

RPL

Recognition of Prior Learning

RTO

Registered Training Organisation

RTO Standards

Standards for Registered Training Organisations (RTOs) 2015

SBAT

School Based Apprenticeship and Traineeship

SRP

Student Resource Package

SWL

Structured Workplace Learning

TSC

Trades Skills Centre

TTC

Trade Training Centre

VASS

Victorian Assessment Software System

VCAA

Victorian Curriculum and Assessment Authority

VCE

Victorian Certificate of Education

VCE, including the VCE Vocational Major

A program of study within the VCE

VET

Vocational Education and Training

VIT

Victorian Institute of Teaching

VPC

Victorian Pathways Certificate

VRQA

Victorian Registration and Qualifications Authority

WLC

Workplace Learning Coordinator

Resources

Vocational Education and Training template purchasing contracts and agreements

The department has developed a suite of contracts and agreements that government schools must use when purchasing Vocational Education and Training (VET) programs from external providers. The contracts are applicable to a range of purchasing scenarios and provide important details on the responsibilities of each party and the fee arrangements that are in place.

The templates have been designed for the specific use of government schools purchasing services from RTOs and are not recommended for use by other parties. Use of the templates by other parties is subject to the department’s copyright licensing arrangements (refer to Intellectual Property and Copyright).

• Standard VET purchasing contract (DOCX 143.53kb)–This contract is required where a government school engages the services of a registered training organisation (RTO) to provide a VET qualification and/or units of competency to its students.
• School to school VET purchasing agreement (DOCX 142.74kb)– This agreement is required where a government school engages the services of a government school RTO to provide a VET qualification and/or units of competency to its students.
• Standard VET auspiced contract (DOCX 152.9kb)–This contract is required where a government school provides some, or all, of the VET qualification or units of competency to its own students under a third party (auspiced) arrangement with an RTO. The RTO monitors the VET services delivered on its behalf and issues the statement of attainment or certificate accordingly.
• School to school VET access agreement (DOCX 115.59kb)– This agreement is required where a government school engages the services of another government school that is auspiced by an RTO, to provide a VET qualification and/or units of competency to its students.

Checklists for purchasing VET

Checklists have been developed to remind and prompt schools and RTOs of the relevant issues that might need to be considered in the provision of a VET qualification and/or units of competency through purchasing and auspicing arrangements. Refer to: Checklists for purchasing VET.

Know your RTO

The department's Know your RTO intranet site provides information to help schools select a training provider to deliver VET to students.

Know your RTO is an advisory tool that features profiles of RTOs and information about the courses they deliver to school students, supporting schools to source and compare information about RTOs in a single centralised database.

Schools can search and compare information from different RTOs about:

• What training they offer
• How and where it is delivered
• What resources and support they provide to schools.

Information on Victorian Curriculum Assessment Authority (VCAA) Senior Secondary VET programs

VET in the VCE, including the VCE Vocational Major or the Victorian Pathways Certificate (VPC), allows students to include vocational studies within their senior secondary certificate. VCE VET programs are vocational training programs approved by the VCAA which offer students the opportunity to gain the VCE, including the VCE Vocational Major or the Victorian Pathways Certificate (VPC), and a nationally portable VET qualification. Selected VCE VET programs offer scored assessment for Units 3 and 4.

Students who undertake VET or further education (FE) qualifications that are not included in the suite of approved VCE VET programs and school-based apprenticeships and traineeships (SBATs) may be eligible for credit towards their VCE including the VCE Vocational Major, or the Victorian Pathways Certificate (VPC). This credit is called block credit recognition.

To be eligible for credit the student must be enrolled in the VCE including the VCE Vocational Major, or the Victorian Pathways Certificate (VPC). Credit will be available for full or partial completion of a nationally recognised qualification or state accredited curriculum.

For further information, please visit VCAA VET.

Victorian Skills Gateway

The Victorian Skills Gateway is a comprehensive online resource that makes it easier to find training that fits, with information about jobs and courses tailored to the needs of different users, including students, adult learners, careers practitioners, employers and parents.

This information is provided for publicly funded (Skills First) RTOs only.

Training.gov.au

The National register for all nationally recognised qualifications and RTOs. It provides information on:

• VET qualifications, including details of qualification structures, competency requirements and requirements for any pre –requisites.
• RTOs including the qualifications they are registered to deliver, who their registering body is and whether they have any restrictions on their registration.

MySkills

MySkills is a Federal Government initiative to assist in choosing training providers. It provides information regarding both VET qualifications and RTOs.