Common use of Evidence of Participation audit Clause in Contracts

Evidence of Participation audit. The Department may conduct an Evidence of Participation audit, using a statistically valid sample size it determines. If the audit reveals unsupported subjects (exceptions) without satisfactory Evidence of Participation in accordance with this Contract (including Clause 9 of this Schedule 1) and the percentage of exceptions exceeds a threshold determined by the Department, it may take action under Clause 16 (Enforcement) of this Contract. For the purpose of Clause 12.3 of this Schedule 1, if the Department: applies a monetary amount under Clause 16.2(e), that amount will be 10 per cent of the total Funds claimed and/or paid to the Training Provider across the total population of subjects from which the statistically valid sample has been drawn, multiplied by the percentage of exceptions; and/or requires a refund of the Funds under Clause 16.2(d), the value of Funds sought may be up to the percentage of exceptions above the threshold, multiplied by the total Funds claimed and/or paid to the Training Provider across the total population of subjects from which the statistically valid sample has been drawn. Evidence of Eligibility audit If an Evidence of Eligibility audit reveals that the Training Provider does not have sufficient documentation to demonstrate it has correctly assessed an individual’s Skills First Entitlement (in accordance with Clause 3 of Schedule 1) and the Training Provider has claimed Funds for that individual (exception), then the Department may take action under Clause 16 (Enforcement) of this Contract. For the purpose of Clause 12.5 of this Schedule 1, if the Department applies a monetary amount under Clause 16.2(e), that amount will be 10 per cent of the total Funds claimed and/or paid to the Training Provider for each enrolment for which an exception has been identified. Evidence of Fee Concession/ Fee Waiver audit If an Evidence of Fee Concession/Fee Waiver audit reveals that the Training Provider does not have sufficient documentation to demonstrate that it has correctly assessed a Skills First Student’s entitlement to receive a Fee Concession or Fee Waiver (in accordance with this Contract, including Clause 5 of this Schedule 1), and the Training Provider has claimed Funds for that individual (exception) then the Department may take action under Clause 16 (Enforcement) of this Contract. For the purpose of Clause 12.7 of this Schedule 1, if the Department applies a monetary amount under Clause 16.2(e), that amount will be 10 per cent of the total Fee Concession Contribution or Fee Waiver Contribution claimed and/or paid to the Training Provider for each enrolment where an exception has been identified.