VCE Vocational Major and Victorian Pathways Certificate Delivered by Registered External Providers (formerly Community VCAL)

School and NSSSFSP obligations and responsibilities

The following information is based on the obligations and responsibilities outlined in the standard VCE Vocational Major and Victorian Pathways Certificate (VPC) contract.

Admission, enrolment and consent

In partnership with the home school, the non-school senior secondary and foundation secondary provider (NSSSFSP) must have its own processes in place for school applications and acceptance of students into its VCE Vocational Major and VPC program. The NSSSFSP is responsible for collecting all required information in relation to students attending its program.

Enrolment

School staff must:

• ensure that enrolment in the VCE Vocational Major and VPC at a NSSSFSP is in the best interests of the student
• ensure that all students attending the NSSSFSP are enrolled at their home school on CASES21
• if the student is transferring from another government school into the home school, prior to attendance at the NSSSFSP, the home school should ensure all relevant student data has been received from the previous school, including all CASES21 data
• enter enrolment details on the CASES21 database in accordance with the usual processes for enrolling new students
• ensure that enrolment details are entered on the Victorian Assessment Software System (VASS) database
• ensure that appropriate information and documentation about the school is provided to the student/parent/carer and the relevant contact point at the school regarding the NSSSFSP program
• maintain up-to-date records through the CASES21 database and standard school processes for the time the student is enrolled at the home school
• ensure that all students in statutory out-of-home care (OOHC), Koorie students, students receiving funding through Disability Inclusion or the Program for Students with Disabilities (PSD) and youth justice students have an Individual Education Plan (IEP).

Informed consent

School staff must:

• ensure that parents or carers have provided written informed consent (using documentation developed by the NSSSFSP and the school) for the student being enrolled at the school and attending the NSSSFSP, as well as consent to share information
• ensure that the school retains copies of written informed consent for students to be attending the NSSSFSP whilst enrolled at the school
• ensure that the NSSSFSP is complying with department policies in relation to consent forms by requiring the NSSSFSP to provide copies of signed consent for all relevant activities and that consent includes ability to disclose relevant information to the NSSSFSP
• follow up the NSSSFSP if the consent forms are invalid or inadequate so that the NSSSFSP can make necessary amendments and seek fully informed consent.

IEPs are also recommended for students with additional needs and students at risk of disengagement. Refer to the department’s policy on Individual Education Plans.

Career Education Funding

All students in Years 9 to 12 must have access to the department’s suite of career education initiatives. The home school and the NSSSFSP must document in the responsibility matrix (Appendix A) in the VCE Vocational Major and VPC contract (DOCX) (staff login required) who holds the responsibility for delivering the following accountabilities to students:

• an individual annual career action plan which is linked to any personalised learning and support plans (such as IEPs)
• a copy of their career action plan is provided to parents and carers with their child’s report
• careers counselling prior to any subject selection and further education and training courses
• access to targeted support services appropriate to their needs including; student welfare coordinators, students support services and community-based agencies or programs including mentoring and structured workplace learning.

School staff must:

• ensure the school pays an agreed percentage of Career Education Funding (CEF) to the NSSSFSP for each of the ‘home school’ students enrolled with the NSSSFSP, within the term of the contract. The agreed percentage should be reflective of the shared responsibility for delivering the career education initiatives.
• ensure that the NSSSFSP provides the career action plan as required under the CEF policy to the school
• record the student’s initial exit destination on CASES21 if they are unenrolled from or exit the home school
• follow up with all students who leave school early (without completing Year 12) within 6 months of them leaving school. If they are not in education, training or employment schools are required to refer them to an appropriate agency
• comply with the CEF accountability and reporting requirements outlined in Career Education Funding – Accountability and Reporting Requirements and ensure the NSSSFSP compliance with these requirements.

Exits/transitions/transfers

The NSSSFSP does not have the authority to approve the exit of a student from their ‘home school’ (including suspension or expulsion, refer to the below section: Student discipline and management of challenging student behaviours), nor does the NSSSFSP have the authority to approve the transfer of a student from the NSSSFSP setting to a different NSSSFSP, or other post school destination.

The home school is responsible for managing discussions with the student and their family regarding exemption from school attendance and enrolment, or transitions to an alternative Victorian government or non-government school.

School staff must:

• for newly enrolled students at the home school, ensure staff have received transfer information from the student’s last school
• maintain and transfer up-to-date records through the CASES21 database and undertake ordinary school processes in relation to the student’s exit from the school, in the same way that this information would be recorded for all students exiting the school
• comply with the department’s Exemption from School Attendance and Enrolment policy if the student wishes to leave school prior to turning 17 years of age
• ensure that the school complies with 'Withdrawal from Study' requirements in the VPC and/or VCE Administrative Handbook.

Attendance

The NSSSFSP is required to provide the school with attendance records each week, showing twice daily attendance checks, of each of its students enrolled at the NSSSFSP. It must also inform the school as soon as reasonably possible of any student non-attendance.

School staff must:

• check the attendance weekly
• ensure that the NSSSFSP is providing the required attendance records
• check the attendance records provided by the NSSSFSP and follow up any absences which may raise duty of care or welfare issues (for example, prolonged absences, unexplained absences) with the NSSSFSP in the first instance
• follow up on any attendance or learning issues of concern directly with the student or their family/carer if the NSSSFSP does not provide enough information in a timely manner
• report any concerns to the NSSSFSP and the regional office.

Program and staff qualifications

The NSSSFSP must provide details of the VCE Vocational Major and VPC to be delivered to each student enrolled at the school. The NSSSFSP must provide evidence that its staff have the appropriate qualifications as required by the relevant authorities and in compliance with the Standards for Registered Training Organisations (RTOs) 2015 (Cwth) and the Guidelines for non-school providers: Minimum standards for registration to provide an accredited senior secondary or foundation secondary course.

School staff must:

• check the VRQA State Register to ensure the appropriate qualifications are on the NSSSFSP’s scope of registration
• ensure that the NSSSFSP has provided the required documentation regarding each student’s educational program, including for Vocational Education and Training (VET) Delivered to School Students or School Based Apprenticeships and Traineeships (SBATs)
• review the documentation provided by the NSSSFSP to ascertain whether it is suitable in the context of the VCE Vocational Major and VPC being provided, including meeting the requirements for Victorian Curriculum Assessment Authority (VCAA) Quality Assurance
• ensure accurate and timely enrolment on VASS
• review the documentation provided by the NSSSFSP to ensure that staff have the appropriate qualifications as required by the Guidelines for Non-school providers: Minimum standards to provide an accredited senior secondary or foundation secondary course and in compliance with the Standards for Registered Training Organisations 2015 (Cwth) if relevant
• ensure that the NSSSFSP provides evidence that the educational program as developed is being provided to the student
• take reasonable steps to report any concerns to the NSSSFSP and/or the MYPAT and/or the Victorian Registration and Qualifications Authority (VRQA).

Assessment

The NSSSFSP is required to provide parents and carers with twice yearly written reports and provide copies of these reports to the school in addition to providing the school with regular and timely reporting of the student’s educational progress/achievement/outcomes for each of the VCE Vocational Major and VPC course units and VET units of competency delivered by the NSSSFSP as per the requirements of the contract.

School staff must:

• ensure that the NSSSFSP is providing twice yearly written reports to parents and carers of students attending the NSSSFSP
• ensure that the NSSSFSP provides a copy of these written reports to the school when they are issued to parents
• ensure that the NSSSFSP provides ongoing information to the school regarding the student’s educational progress/achievement/outcomes for each of the VCE Vocational Major and VPC course units and VET units of competency
• maintain records of the assessment, reporting and outcomes for each student enrolled at the school and attending the NSSSFSP including enrolment and results in all VCE Vocational Major and VPC course units and VET units of competency in the VASS system (for example, exited the course, failed to complete, completed the course).

Fees and charges

If a student enrolled at the home school is receiving a VCE Vocational Major or VPC provided by an NSSSFSP, the school principal will need to identify and plan for any costs and resources that are associated with discharging the home school’s obligations. For example, the transfer of funding or resources associated with Disability Inclusion or the Program for Students with Disabilities (PSD), or if the principal will need to allocate time for a coordinator at the school to review documentation and evidence provided by the NSSSFSP to demonstrate compliance with the terms of the contract.

Any fees and charges passed on to the student (or their family), including any fees and charges associated with the NSSSFSP, must be explained to the student and their parent/guardian/carer, and must comply with the department’s Parent Payments policy.

The NSSSFSP is required to seek permission from the school council to charge any fees to parents in relation to the student’s program at the NSSSFSP.

School staff must provide students, their parents or carers with information regarding any fees or charges that the school proposes to collect from them.

Duty of care

Schools continue to have a duty of care to each student attending a NSSSFSP. Schools cannot delegate their ongoing duty of care to students and obligations under the Child Safe Standards and Ministerial Order 1359. This means that school staff must take reasonable steps to reduce the risks of injury to students that are reasonably foreseeable in the context of the student attending the NSSSFSP. Schools must also continue to discharge their duty of care to protect students from abuse and discharge their ongoing obligations under Ministerial Order 1359.

The NSSSFSP also has a duty of care to each of the students attending its program and must comply with the department and school policies that relate to duty of care.

The NSSSFSP must comply with the Child Safe Standards and Reportable Conduct Scheme and commit to protect students from abuse or harm, managing the risk of child abuse, providing support to a child at risk of child abuse and responding to incidents or allegations of child abuse in accordance with their legal obligations, including Child Safety Laws.

The primary way in which the school will discharge its duty of care obligations is to ensure that the NSSSFSP is complying with the terms of the contract and following the school and department policies as required. Regular follow up and contact with the student and NSSSFSP will be required to be undertaken by the school.

School staff also need to follow up with the NSSSFSP and, where necessary, the student themselves in relation to any risks. Schools must make direct contact with the NSSSFSP in relation to any critical incident involving a student to ensure that the NSSSFSP has complied with department policies, legislation and Ministerial Order 1359, and is providing appropriate support to the student.

Student welfare

Schools are required to ensure the ongoing care, safety and welfare of students learning with a NSSSFSP and discharge their duty of care and obligations under Ministerial Order 1359 – Implementing the Child Safe Standards – Managing the risk of child abuse in schools and school boarding premises.

The NSSSFSP is required to keep school staff informed in a timely manner about any student with significant welfare issues or significant behavioural concerns and to regularly report on the support or other assistance being provided to that student.

School staff must:

• review the documentation provided by the NSSSFSP in relation to welfare or behavioural concerns
• discuss any concerns and potential supports with the NSSSFSP or student and family directly
• ensure that the NSSSFSP is following the department and the school policies in relation to welfare and other support for the student in the circumstances
• follow up any concerns directly with the student in circumstances where the NSSSFSP is failing to manage the situation in accordance with relevant policies.

Risk assessment and management for all NSSSFSP activities including excursions and offsite activities

The NSSSFSP is required to follow department policies in relation to risk assessments, risk management and emergency management. The NSSSFSP is also required to provide copies of this documentation to the school once per term.

School staff must:

• ensure that the NSSSFSP is familiar with the department’s risk management policy available at Risk Management – Schools
• ensure that the NSSSFSP provides the required documentation once per term
• ensure that the NSSSFSP is conducting risk assessments and developing management plans, including emergency management plans, in accordance with department policies for all excursions or off-site activities.

Excursions and activities

The NSSSFSP is responsible for ensuring that all excursions are planned and managed in accordance with relevant department policies on excursions and activities including venue selection, risk assessment and management strategies, supervision. In accordance with department policy, workplace learning is not considered an excursion. Refer also to the section above on ‘Informed consent’.

School staff must:

• ensure that the NSSSFSP provides required documentation in relation to excursions and activities
• take reasonable steps to report to the NSSSFSP and regional office (MYPAT) if they become aware that an excursion or activity conducted by the NSSSFSP may not be compliant with department policies
• report and escalate relevant risks to stakeholders, for example, school council, regional directors, senior education improvement leaders and so on through appropriate channels.

Managing critical incidents

The NSSSFSP is required to follow department policies and develop its own procedures for managing critical incidents involving students. The NSSSFSP must notify the school of any critical incident involving the student. The school will then put in place processes consistent with departmental policy.

School staff must:

• make direct contact with the NSSSFSP following a critical incident notification by the NSSSFSP to ensure that the critical incident is being appropriately managed and that the NSSSFSP is providing appropriate support to the student
• make an IRIS Report in relation to any incident reported to the school that meets the threshold for reporting on IRIS
• ensure that appropriate information and documentation about the school is provided to the student/parent/carer and, the relevant contact point at the school regarding the NSSSFSP program.

Suitability of School Based Apprenticeships and Traineeships/Structured Workplace Learning arrangements

The NSSSFSP must inform the school of any SBATs or structured workplace learning (SWL) arrangements that the student is undertaking. The NSSSFSP must follow the department guidelines and policies in relation to suitability of employer and supervisors to ensure that the student is placed in a safe and suitable workplace.

In relation to SBATs, the RTO must comply with the Guidelines about apprenticeship/traineeship training delivery Skills First Program.

School staff must:

• ensure that the NSSSFSP is providing required documentation and information regarding these arrangements
• be satisfied that the placement is educationally appropriate and relevant to the student’s educational program
• ensure that the principal signs agreements in relation to SWL and training plans for SBATs (only principals have the authority to sign these documents).

Further advice: Workplace learning: information for RTOs

Supervision

The NSSSFSP is responsible for adequately supervising all students, in accordance with its duty of care and in accordance with the department’s policies on supervision of students.

School staff must report any concerns that they have to the NSSSFSP and to the regional office (MYPATs) if they become aware, or if they reasonably suspect, that students have not been adequately supervised during any NSSSFSP activity or program.

Management of medical conditions or disabilities

The school is responsible for ensuring that relevant NSSSFSP staff working with the student has up-to-date health information for each student. Additionally, the NSSSFSP must have staff with current training in basic first aid, asthma and anaphylaxis.

The NSSSFSP must meet their legal obligations under the Equal Opportunity Act 2010 (Vic), the Disability Discrimination Act 1992 (Cwth) and also the Disability Standards for Education 2005 (Cwth) to make reasonable adjustments to accommodate students with disability. These obligations apply to all students with disability, not just those who are eligible for support under department targeted funding programs.

School staff must:

• ensure that the NSSSFSP is provided with all information regarding any medical condition or disability of the student that the school has in its possession
• ensure that reasonable adjustments are made to accommodate students with disability. This process should apply to all students with disability or additional needs, not just those who are eligible for support under department targeted funding programs.

Related policies

• Health Care Needs
• Students with Disability
• Medication
• First Aid for Students and Staff

Student discipline and management of challenging student behaviours

The NSSSFSP must have its own student inclusion and engagement guidelines that are consistent with the department policy requirements. The NSSSFSP is required to report to the school any significant behavioural or discipline issues.

The NSSSFSP is required to respond to challenging student behaviours in accordance with department policies and procedures. Advice can be found at Behaviour – Schools.

School staff must:

• work directly with the NSSSFSP in relation to any student discipline or behaviour issue
• if the student’s behaviour at the NSSSFSP is of such a nature that it warrants suspension or expulsion under the department’s policies and Ministerial Order 1125 (PDF), this process is to be managed by the school. The school should support the student and their family in any future transition arrangements.

Disability discrimination obligations

The NSSSFSP is responsible for complying with various legal obligations including the obligation to make reasonable adjustments for a student with disability and not to unlawfully discriminate against a student with disability.

The NSSSFSP must meet their legal obligations under the Equal Opportunity Act 2010 (Vic), the Disability Discrimination Act 1992 (Cwth) and also the Disability Standards for Education 2005 (Cwth) to make reasonable adjustments to accommodate students with disability. These obligations apply to all students with disability, not just those who are eligible for support under department targeted funding programs.

School staff must ensure that the NSSSFSP is provided with any information relating to a student’s disability and educational needs.

Koorie students

The NSSSFSP and the school both have responsibility for ensuring that Koorie students have access to cultural support through the Koorie Education Workforce. The Koorie Education Workforce assists students and schools by providing guidance to enhance cultural inclusion practices to support the engagement, attendance, wellbeing and achievement of Koorie Learners. The NSSSFSP and school should liaise with and engage specialist support for Koorie students from their area Koorie Education Coordinator’s and/or Koorie Engagement Support Officers as required to support a culturally inclusive learning environment.

All Koorie students are required to have an IEP, as required by Marrung, Aboriginal Education Plan 2016 – 2026. Schools must ensure the NSSSFSP has established culturally safe environments in which the diverse and unique identities and experiences of Koorie students are respected and valued, as required by Ministerial Order 1359.

Schools must also continue to ensure it complies with Ministerial Order 1359 in relation to ensuring the cultural safety of Koorie students learning with NSSSFSP.

Privacy

The NSSSFSP and the school both have obligations under privacy legislation, and both are required to have privacy policies. However, these obligations do not prevent the NSSSFSP and the school from sharing relevant information about students for the primary purpose for which it was collected (for example. to educate the student and support the student’s social and emotional wellbeing and health at school) and to discharge legal obligations.

School staff must:

• ensure the NSSSFSP is familiar with the department’s Schools’ privacy policy and it is available on their website
• share information with the NSSSFSP that has been collected with consent from the student (or their parents and carers) for the primary purpose for which it was collected
• share information with the NSSSFSP that is necessary to be shared in order to discharge legal obligations such as duty of care, Occupational Health and Safety (OHS) and anti-discrimination obligations
• otherwise comply with the requirements of privacy legislation and the department’s Schools’ privacy policy.

Contracted provider staff Working with Children Clearance and VIT registration

The NSSSFSP is responsible for ensuring staff maintain current Working with Children clearances as per the Worker Screening Act 2020 (Vic).

School staff must:

• ensure that all NSSSFSP staff involved in teaching and assessing enrolled students of the school comply with the Working with Children Clearance or VIT registration requirements outlined in these VCE Vocational Major and VPC guidelines
• refer to advice at Working with Children Checks and other Suitability Checks for School Volunteers and Visitors and Worker Screening Act 2020.

Assessment and reporting

The NSSSFSP must:

• provide the school with all necessary information regarding students’ attendance, assessments and reporting in a timely manner to meet the requirements of the VCAA
• ensure compliance with the Guidelines for non-school providers: Minimum standards to provide an accredited senior secondary or foundation secondary course for VCE Vocational Major and VPC delivery
• use current VCAA study design and assessment guidelines
• ensure study designs and other curriculum requirements of the VCAA are adhered to and that, where relevant, the VCAA is notified of changes to modifications of the program or assessment tasks
• ensure correspondence from the VCAA is received by the appropriate teacher.

School staff must ensure all relevant information is recorded on the VASS database.

The NSSSFSP and the school have joint responsibility to ensure they:

• meet all relevant administrative and assessment requirements in the current VPC and/or VCE Administrative Handbook
• attend relevant department, VCAA and VRQA information and training sessions.

Education resources

The NSSSFSP is responsible for ensuring that education services and learning resources appropriate to the units being delivered are made available to the students, including library and classroom teaching resources, access to external resources including online services, information technology and other resources as applicable.

Premises, facilities and environment

The NSSSFSP is responsible for ensuring that students have access to physical facilities that meet building regulation requirements and occupational health and safety standards. Premises and facilities must be adequate regarding the number of students enrolled, the physical learning space required to cater for a student’s needs and appropriately lit, heated/cooled, furnished and ventilated. The school is responsible for ensuring premises and facilities are appropriate.

Marketing and advertising

The NSSSFSP is responsible for ensuring that any marketing and advertising of courses conforms to government regulations and is consistent with its scope of registration.

Note: the NSSSFSP cannot market itself as a VCE, VCE Vocational Major and VPC course provider of other school education where this education is being provided on behalf of the school or use the school’s name without the written permission of the School Council.

Audits

Education provided by the NSSSFSP may be subject to relevant VCE, VPC and other school audit processes.

Complaints handling

The NSSSFSP must have a documented process for handling parent complaints. Where the complaint is related to the school the matter must be handled in line with the school’s complaint process consistent with the department’s policy at Complaints – Parents.

Student satisfaction

To better measure and assess the performance and satisfaction of students throughout their studies, students may be invited by the NSSSFSP to participate in a satisfaction survey at the end of their course. The survey will be designed and administered by the NSSSFSP and results shared with the school if appropriate.