Definition of subcontracting. 6.1 The Training Provider will be considered to have subcontracted any part of the Training Services if they are carried out by an individual other than:
a) an employee or officer of the Training Provider, acting in their capacity as such an employee or officer; or
b) a Sole Trader engaged directly by the Training Provider (and to avoid doubt, not through an intermediary) in their capacity as a Sole Trader.
6.2 To avoid doubt, it is considered to be subcontracting to engage:
a) an individual through a franchise, labour hire or other similar arrangement; or
b) any person to undertake Brokering Services.
6.3 The Training Provider must not subcontract any aspect of the Pre-Training Review.
6.4 The Training Provider must not subcontract training and/or assessment without the Department’s written approval, which approval will only be granted through a process determined by the Department.
6.5 The Training Provider must ensure that each Skills First Student who receives training and assessment under a subcontract arrangement is aware that they are enrolled with the Training Provider, not the subcontractor.
6.6 Where a subcontract arrangement under Clause 6.4 is between the Training Provider and another registered training organisation that holds a VET Funding Contract, it must be on terms that allow the Training Provider to immediately terminate it if the subcontractor’s VET Funding Contract with the Department is suspended or terminated.
6.7 The Training Provider represents and warrants to the Department that on every day during the Term, all subcontractors it uses have appropriate qualifications and skills and are suitably experienced and capable of providing Training Services as required by this Contract.
6.8 The Department may direct the Training Provider to cease, or otherwise vary the scope of, any subcontract arrangement.
6.9 The Training Provider must ensure that any subcontract arrangement:
a) prohibits further subcontracting by the subcontractor;
b) requires the subcontractor to provide all necessary assistance, documentation and information that is required under this Contract;
c) permits it to immediately suspend the subcontract arrangement if this Contract is suspended;
d) permits it to immediately terminate the subcontract arrangement if this Contract is terminated; and
e) otherwise permits it to comply with its obligations under this Contract (including its obligations to ensure that any subcontractor cooperates and assists with any audit, review ...
