Purchasing Vocational Education and Training

Managing delivery, including payments and complaints

The school and registered training organisation (RTO) must work together when delivering the program.

This chapter summarises the main activities schools must manage under direct and auspice delivery arrangements. Schools must check their contract or agreement and any schedules that go with it. The contract or agreement is the key source for information.

How responsibilities differ by delivery model

Responsibilities differ based on who delivers and checks the training. They also differ based on where the training happens and what contract is used.

This section shows the main differences in delivery arrangements. It explains attendance, student support and safety, and training and assessment.

Direct RTO delivery

General

In direct RTO delivery, the RTO runs the training. It uses its own trainers and assessors for delivery and assessment.

Under this arrangement, the RTO manages the delivery environment. They ensure student safety and wellbeing. This includes attendance reporting, training delivery, assessment, and certification.

The school is responsible for:

• sharing relevant information about students with the RTO (where given permission)
• checking attendance, engagement and wellbeing
• following up absences and behavioural concerns
• offering pastoral support
• communicating with students and parents/carers
• monitoring the arrangement under the contract.

When the RTO works at a school or host site, everyone must follow the plans in the contract. These plans include safety, wellbeing, communication, and incident management.

Attendance

Under a direct RTO delivery arrangement:

• the RTO records and monitors attendance and engagement.
• the RTO shares attendance information and concerns with the school on time as outlined in the contract
• the school follows up on unexplained absences and ongoing attendance or engagement concerns.

Explained absences

In the case of explained absences an example of how the roles and responsibilities might look in practice is:

• the student or parent/carer reports the absence directly to the home school
• the home school notifies the nominated RTO contact or delivering/host school contact
• the RTO records the absence and notifies relevant staff as required.

Unexplained absences

In the case of unexplained absences an example of how the roles and responsibilities might look in practice is:

• the RTO or host school finds out that the student is absent from the VET program without an explanation
• the RTO or host school tells the key contact person, or another nominated individual
• the school follows up the absence with the student or parent/carer
• if the absence isn’t explained, the school must act. They must follow the department’s attendance policy.

Student support and safety

Schools and RTOs both have responsibilities for the safety and wellbeing of students. The specific tasks depend on the delivery arrangement. They are outlined in the relevant contract or agreement.

Sharing student information

Schools must share relevant key information with the RTO. This helps students succeed in VET. They must get parent or carer consent to share student information.

This includes:

• medical information and management plans
• disability information and reasonable adjustment needs
• behaviour or engagement information
• literacy, numeracy or other learning support needs.

Both the school and RTO must store student information securely and only share it with those who need to know.

Incidents and emergencies

The RTO or host school must quickly notify the school of:

• injury or medical incidents
• child safety concerns
• serious behavioural incidents
• bullying, discrimination or harassment
• emergency affecting the student
• other significant wellbeing or safety concern.

The RTO delivering VET must have emergency management processes. These must match the delivery site. They should also fit the activities being done.

The school must follow the relevant department policies, including:

• Managing and Reporting School Incidents (Including Emergencies)
• Child Safe Standards
• Behaviour – Students
• Bullying Prevention and Response
• Emergency and Critical Incident Management Planning
• Student Support Services.

The school must also communicate with parents or carers when needed. Additionally, the school must work with the RTO to handle ongoing risks or support needs.

Off-site delivery

In direct RTO delivery, when schools send students off-site, they must follow extra rules. These relate to:

• student safety
• emergency management
• attendance alerts, incident updates
• transport
• sharing information.

Where the RTO delivers the training offsite, it must:

• provide a safe training environment
• have an onsite safety liaison officer
• have a clear student code of conduct
• set up safety and wellbeing processes
• manage incidents as the contract states
• make sure staff meet the qualification and registration checks
• have processes to prevent and respond to discrimination, harassment and bullying
• respond to student medical, disability and wellbeing needs
• alert the school of incidents and concerns in line with the contract
• ensure clear bus management processes to help students board and exit buses safely
• have clear emergency management processes
• contact a student’s parents/carers in case of an emergency and notify the school in a timely way.

All school staff working with students owe a duty of care to those students. School staff must take reasonable steps to reduce the risk of reasonably foreseeable harm to students. The requirement to take reasonable steps to reduce the risk of reasonably foreseeable harm, continues even when another party is involved.

Training and assessment

Schools must check if training and assessment are done as stated in the contract.

The RTO is responsible for:

• delivering and assessing the qualification or units of competency
• maintaining attendance, progress and assessment records
• reporting enrolment, progress, achievement, and other needed information to the school on time
• meeting agreed requirements for scored assessment, where applicable
• issuing qualifications or statements of attainment within the required timeframe.

The school is responsible for:

providing accurate student enrolment information

checking reports and following up concerns about progress

completing school-based reporting and VASS requirements

making sure reported results contribute correctly to the student’s senior secondary certificate.

Manage changes and disruptions

Schools and RTOs must quickly share any planned or sudden changes to delivery. This includes changes to:

• trainers, delivery sites, facilities and equipment
• timetables
• units of competency
• student numbers
• fees or payment arrangements
• reporting or assessment arrangements.

If an RTO trainer isn’t available, the RTO must find a qualified replacement. This replacement should meet the qualifications and checks, including WWCC, as stated in the contract.

Auspice delivery

General

In an auspice arrangement, school staff deliver training. This happens under the supervision of an RTO.

The school takes care of daily tasks. It ensures student safety and wellbeing. It tracks attendance and manages facilities and equipment. The school also oversees its trainers’ work.

The RTO oversees the arrangement. It checks the quality of training and assessment. It makes sure everything is compliant with VET regulations. It issues qualifications or statements of attainment.

The contract must clearly state how the school and RTO will manage quality assurance. It should cover reporting, site visits, and other oversight tasks.

Attendance

Under an auspice arrangement:

• the school records and monitors attendance and engagement
• the school sends attendance information to the RTO, as stated in the contract
• the school follows its usual processes for responding to absences and engagement concerns.

Explained absences

If the student or parent/carer reports the absence directly to their school:

• the school notifies the nominated RTO contact or delivering/host school contact
• the RTO records the absence and notifies relevant staff as required.

Unexplained absences

If the school finds out that the student is absent from the VET program without an explanation:

• the school tells the key contact person at the RTO, or another nominated individual
• the school follows up the absence with the student or parent/carer
• if the absence isn’t explained, the school must act. They should follow the department’s attendance policy.

If the auspice arrangement is at a separate host school, the host school should notify the students’ school and RTO contact person when the host school becomes aware that a student is absent without explanation. The student’s school must follow its usual processes for responding to unexplained absences.

Student support and safety

Schools and RTOs both have responsibilities for the safety and wellbeing of students. The specific tasks depend on the delivery arrangement. They are outlined in the relevant auspice contract or agreement.

In auspice delivery, the school is directly responsible for daily operations. It must also set up the right processes to ensure student safety and wellbeing.

The school must ensure that:

• facilities and equipment remain safe
• there are arrangements for safe delivery
• risks are managed
• relevant supervision ratios are in place
• relevant school safety and wellbeing policies are followed
• school trainers understand student medical, disability and support needs
• incidents are managed and reported as required.

The RTO manages the arrangement. It must ensure training and assessment meet regulatory and contract rules.

Training and assessment

Schools must check if training and assessment are done as stated in the contract.

In an auspice arrangement, the school must check that:

• school-based trainers and assessors still meet the needs for qualifications, vocational skills, and industry currency (this is a regulatory requirement for RTO)
• the approved training and assessment requirements are followed
• facilities, equipment and learning resources continue to meet training package requirements
• attendance, assessment and other required evidence are maintained and reported to the RTO
• any quality or compliance issues identified by the RTO are addressed quickly.

The RTO must:

• keep oversight of delivery and assessment
• confirm the ongoing competence and currency of school-based trainers and assessors
• provide or approve current training and assessment materials
• undertake agreed site visits, validation, moderation and quality-assurance activities
• provide feedback and ask for corrective action where necessary
• keep evidence of its oversight
• issue qualifications or statements of attainment.

Schools and RTOs should agree on how often they will do quality assurance activities. They should also decide the way these activities will be done in the contract.

Schools are encouraged to set clear expectations for:

• the frequency of RTO site visits and quality-assurance reviews
• validation and moderation schedules
• professional learning for school-based trainers
• administrative processes and responsibilities.

The RTO must keep proof of oversight for auspice delivery. This means they should document validation and quality assurance reviews. They should also document any feedback to the school and suggestions for improvement.

Manage changes and disruptions

Schools and RTOs must quickly share any planned or sudden changes to delivery. This includes changes to:

• trainers, delivery sites, facilities and equipment
• timetables
• units of competency
• student numbers
• fees or payment arrangements
• reporting or assessment arrangements.

Under an auspice arrangement, the school and RTO must ensure any new school trainer meets regulatory rules. They must also follow the contract requirements.

If a class is cancelled, the school must work with the RTO. They need to minimise disruption and find alternative options for affected students to catch up on the class.

Changes to materials need to be documented. Use the contract or agreement variation process for this.

Relevant to direct and auspice delivery

Students with disability and additional needs

Schools and RTOs must follow the Disability Standards for Education 2005. They need to work together to make reasonable adjustments.

The school and RTO should:

• involve the student and, where appropriate their parent or carer
• agree on the adjustments and supports needed
• document who will provide them
• put supports in place as early as possible
• monitor whether the supports remain suitable and effective.

Anaphylaxis management

All schools have anaphylaxis management requirements. Schools with students diagnosed as being at risk of anaphylaxis must meet additional requirements set out in Ministerial Order 706. These include planning, prevention and response to the individual student’s health care needs. Refer to the Anaphylaxis policy for further information on these requirements.

Maintain communication and monitor delivery quality

Schools should keep in contact with the RTO and the host school during the program.

Schools should:

• update contact details for people responsible for attendance, student support, administration, reporting and incident management
• check attendance, progress, and assessment reports on time
• check if the RTO or host school is meeting the contract or agreement requirements
• regularly check-in with students about their progress, experience, and any concerns
• make sure students know which school staff member to contact for support
• seek student feedback in relation to quality, safety, or support.

Schools and RTOs must share important information right away. This includes anything that might affect delivery, like:

• changes and disruptions as outlined above (timetable, trainers, facilities)
• student absences
• pupil-free days and school events
• excursions or workplace learning
• student learning and support needs
• wellbeing or safety concerns.

The RTO must give attendance details. It should also provide progress and assessment information. This is required by the contract. If the school doesn't have the required information, it should first contact the RTO key contact listed in the contract.

Changes to the agreed arrangement need to be documented. Use the relevant agreement variation process for this as outlined in the relevant contract.

Structured Workplace Learning

If Structured Workplace Learning (SWL) is needed for the program, the school and RTO should talk about what to expect before starting. This includes each party’s roles and how SWL will help with the certificate.

Schools must organise suitable SWL when needed or relevant to the certificate. RTOs should talk with the school about expectations. If possible, they need to show how SWL fits into the program.

For more guidance go to Structured Workplace Learning.

Delivery through another school

Where students access VET through a ‘host’ school:

• the student’s home school is still responsible for supporting and monitoring its students. It must also communicate with parents or carers
• the host school handles delivery. It ensures student safety and wellbeing at its site.

The RTO’s responsibilities vary. They depend on whether the RTO delivers training directly or through an auspice arrangement.

The contract and school-to-school agreement must list each party's duties. They should be clear and easy to understand.

Fees, payments and parent charges

Schools need to know their financial responsibilities when an RTO delivers VET.

Students in Victorian government schools are entitled to free instruction in the curriculum, consistent with the Education and Training Reform Act 2006.

This legal obligation is operationalised in the department’s Parent Contributions policy.

This policy applies to delivery of VET programs under both direct and auspice delivery arrangements. RTOs should be made aware of the requirements of the Parent Contributions policy.

Schools cannot itemise voluntary contribution requests by subject, and this applies to VET subjects.

Schools must make sure that all costs associated with delivery are clear before entering an agreement or contract with an RTO.

RTOs must not request any payments from students or parents for the delivery of VET qualification and/or units of competency.

Once a student has left school, they are responsible for any additional costs like replacing certificates or Statements of Attainment.

For further information on parent contributions in Victorian Government schools, go to Parent Contributions.

Complaints and disputes

There are different complaint pathways depending on the issue:

• student complaints should be raised with the school first, before the RTO directly
• parent complaints should be raised with the school first
• delivery issues or contract disputes should be raised with the RTO or through the RTO’s complaints and appeals process
• concerns about registration and regulatory requirements can be raised with VRQA or ASQA.

Contractual disputes between schools and RTOs

When there is a contract dispute, schools and RTOs should seek to resolve this at a local level first. VET contracts and agreements set out formal dispute resolution processes.

For the Standard VET purchasing and auspicing contracts, if a dispute cannot be resolved within 14 days, nominated senior executive officers of each party must meet to try to resolve it. If still unresolved, the matter may proceed to mediation and arbitration.

If the dispute involves two government schools and remains unresolved, it may be referred to the department.

The parties must continue to perform their obligations under the contract or agreement while the dispute is being resolved.

Schools should seek advice from the department’s Legal Division at each stage of dispute resolution.

For more information, please refer to the contract and agreement templates in the Resources tab.

Child safety concerns

Complaints and contractual dispute processes do not replace child safety reporting requirements.

School staff have a vital role in protecting students, they must:

• use the 4 Critical Actions to identify and respond to child abuse, including grooming, based on the source of abuse
• be aware of, and comply with, their reporting and legal obligations, including mandatory reporting and reportable conduct obligations, to protect the safety and wellbeing of children and young people.

Access to information

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

If this information is not provided, the school should first raise the issue with the RTO Key Contact Person named in the contract.