Common use of Exemption Contribution Clause in Contracts

Exemption Contribution. Where the Training Provider has: granted a fee waiver/exemption to an Eligible Individual in accordance with the requirements set out in the Guidelines about Fees; and reported to the Department that fee waivers/exemption in the applicable Student Statistical Reports in accordance with the fee waiver/exemption reporting requirements outlined in the Victorian VET Student Statistical Collection Guidelines, then (subject to the Training Provider being eligible for the payment of Contact Hour Funds in respect of that course or qualification provided to that Eligible Individual) the Department will also pay a Fee Waiver/Exemption Contribution to the Training Provider. The Fee Waiver/Exemption Contribution payable will be calculated by multiplying: the applicable ‘Fee Waiver/Exemption Contribution per Hour’ (fixed value) for the course (as identified on the Student Tuition Fee Contribution Report); and the number of hours for which the Training Provider is entitled to be paid the Contact Hour Funds in relation to the delivery of the training and assessment for that course to that Eligible Individual. AUDITS OR REVIEWS RELATING TO EVIDENCE OF PARTICIPATION, EVIDENCE OF ELIGIBILITY AND EVIDENCE OF CONCESSION/WAIVER/EXEMPTION Without limiting Clause 11 of this VET Funding Contract, the Department may instigate an audit of any Evidence of Participation, Evidence of Eligibility and/or Evidence of Concession/Waiver/Exemption at any time. Evidence of Participation audit If the audit of Evidence of Participation using a statistically valid sample size as determined by the Department reveals that units of competency audited are not supported by satisfactory Evidence of Participation as required under this VET Funding Contract (including Clause 11 of this Schedule 1), then (without limiting either the Department's other rights under Clauses 17 and 18 of this VET Funding Contract in that event, or any of its rights under Clauses 17 and 18 of this VET Funding Contract in any other circumstance) where the percentage of unsupported units of competency (exceptions) exceeds a threshold specified by the Department, the Department may: apply a monetary amount in accordance with Clause 17 of this VET Funding Contract; require a refund of some or all of the Funds from the Training Provider; and/or cancel some or all of the Funds claimed by the Training Provider. For the purpose of Clause 14.2(a), the monetary amount will be 10 per cent of the total Funds claimed and/or paid to the Training Provider across the total population of units of competency from which the statistically valid sample has been drawn, multiplied by the percentage of exceptions. For the purpose of Clause 14.2(b), the value of Funds sought by the Department 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 units of competency from which the statistically valid sample has been drawn. Evidence of Eligibility audit If the audit of Evidence of Eligibility reveals insufficient documentation to demonstrate that the Training Provider has correctly, and in accordance with this VET Funding Contract (including Clause 3 of this Schedule 1), assessed the eligibility for the Entitlement to Funded Training of individual in respect of whom a claim for Funds has been made by the Training Provider (exceptions), then (without limiting either the Department's other rights under Clauses 17 and 18 of this VET Funding Contract in that event, or any of its rights under Clauses 17 and 18 of this VET Funding Contract in any other circumstance) the Department may: apply a monetary amount in accordance with Clause 17 of this VET Funding Contract; require a refund of some or all of the Funds from the Training Provider; and/or cancel some or all of the Funds claimed by the Training Provider. For the purpose of Clause 14.5(a), the monetary 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 Concession/Waiver/Exemption audit If the audit of Evidence of Concession/Waiver/Exemption reveals insufficient documentation to demonstrate that the Training Provider has correctly, and in accordance with this VET Funding Contract (including Clause 4.7 of this Schedule 1), assessed the eligibility for a fee concession, waiver or exemption of an individual in respect of whom a claim for Funds has been made by the Training Provider (exceptions) then (without limiting either the Department's other rights under Clauses 17 and 18 of this VET Funding Contract in that event, or any of its rights under Clauses 17 and 18 of this VET Funding Contract in any other circumstance) the Department may: apply a monetary amount in accordance with Clause 17 of this VET Funding Contract; require a refund of some or all of the Funds from the Training Provider; and/or cancel some or all of the Fee Concession Contribution or Fee Waiver/Exemption Contribution claimed by the Training Provider. For the purpose of Clause 14.7(a), the monetary amount will be 10 per cent of the total Fee Concession Contribution or Fee Waiver/Exemption Contribution claimed and/or paid to the Training Provider for each enrolment for which an exception has been identified.

Exemption Contribution. Where the Training Provider has: granted a fee waiver/exemption to an Eligible Individual in accordance with the requirements set out in the Guidelines about Fees; and reported to the Department that fee waivers/exemption in the applicable Student Statistical Reports in accordance with the fee waiver/exemption reporting requirements outlined in the Victorian VET Student Statistical Collection Guidelines, then (subject to the Training Provider being eligible for the payment of Contact Hour Funds in respect of that course or qualification provided to that Eligible Individual) the Department will also pay a Fee Waiver/Exemption Contribution to the Training Provider. The Fee Waiver/Exemption Contribution payable will be calculated by: For fee waivers/exemptions granted under the Free TAFE for Priority Courses initiative in accordance with Clause 23 of Schedule 1, by multiplying: the applicable ‘Free TAFE Contribution per Hour’ (fixed value) for the course (as identified on the ‘Free TAFE Fee Waiver Reimbursement Schedule’); and the number of hours for which the Training Provider is entitled to be paid the Contact Hour Funds in relation to the delivery of the training and assessment for that course to that Eligible Individual; or For all other fee waivers/exemptions, by multiplying: the applicable ‘Fee Waiver/Exemption Contribution per Hour’ (fixed value) for the course (as identified on the Student Tuition Fee Contribution Report); and the number of hours for which the Training Provider is entitled to be paid the Contact Hour Funds in relation to the delivery of the training and assessment for that course to that Eligible Individual. AUDITS OR REVIEWS RELATING TO EVIDENCE OF PARTICIPATION, EVIDENCE OF ELIGIBILITY AND EVIDENCE OF CONCESSION/WAIVER/EXEMPTION Without limiting Clause 11 of this VET Funding Contract, the Department may instigate an audit of any Evidence of Participation, Evidence of Eligibility and/or Evidence of Concession/Waiver/Exemption at any time. Evidence of Participation audit If the audit of Evidence of Participation using a statistically valid sample size as determined by the Department reveals that units of competency audited are not supported by satisfactory Evidence of Participation as required under this VET Funding Contract (including Clause 11 of this Schedule 1), then (without limiting either the Department's other rights under Clauses 17 and 18 of this VET Funding Contract in that event, or any of its rights under Clauses 17 and 18 of this VET Funding Contract in any other circumstance) where the percentage of unsupported units of competency (exceptions) exceeds a threshold specified by the Department, the Department may: apply a monetary amount in accordance with Clause 17 of this VET Funding Contract; require a refund of some or all of the Funds from the Training Provider; and/or cancel some or all of the Funds claimed by the Training Provider. For the purpose of Clause 14.2(a), the monetary amount will be 10 per cent of the total Funds claimed and/or paid to the Training Provider across the total population of units of competency from which the statistically valid sample has been drawn, multiplied by the percentage of exceptions. For the purpose of Clause 14.2(b), the value of Funds sought by the Department 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 units of competency from which the statistically valid sample has been drawn. Evidence of Eligibility audit If the audit of Evidence of Eligibility reveals insufficient documentation to demonstrate that the Training Provider has correctly, and in accordance with this VET Funding Contract (including Clause 3 of this Schedule 1), assessed the eligibility for the Entitlement to Funded Training of individual in respect of whom a claim for Funds has been made by the Training Provider (exceptions), then (without limiting either the Department's other rights under Clauses 17 and 18 of this VET Funding Contract in that event, or any of its rights under Clauses 17 and 18 of this VET Funding Contract in any other circumstance) the Department may: apply a monetary amount in accordance with Clause 17 of this VET Funding Contract; require a refund of some or all of the Funds from the Training Provider; and/or cancel some or all of the Funds claimed by the Training Provider. For the purpose of Clause 14.5(a), the monetary 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 Concession/Waiver/Exemption audit If the audit of Evidence of Concession/Waiver/Exemption reveals insufficient documentation to demonstrate that the Training Provider has correctly, and in accordance with this VET Funding Contract (including Clause 4.7 of this Schedule 1), assessed the eligibility for a fee concession, waiver or exemption of an individual in respect of whom a claim for Funds has been made by the Training Provider (exceptions) then (without limiting either the Department's other rights under Clauses 17 and 18 of this VET Funding Contract in that event, or any of its rights under Clauses 17 and 18 of this VET Funding Contract in any other circumstance) the Department may: apply a monetary amount in accordance with Clause 17 of this VET Funding Contract; require a refund of some or all of the Funds from the Training Provider; and/or cancel some or all of the Fee Concession Contribution or Fee Waiver/Exemption Contribution claimed by the Training Provider. For the purpose of Clause 14.7(a), the monetary amount will be 10 per cent of the total Fee Concession Contribution or Fee Waiver/Exemption Contribution claimed and/or paid to the Training Provider for each enrolment for which an exception has been identified.

Exemption Contribution. Where the Training Provider has: granted a fee waiver/exemption to an Eligible Individual in accordance with the requirements set out in the Guidelines about Fees; and reported to the Department that fee waivers/exemption in the applicable Student Statistical Reports in accordance with the fee waiver/exemption reporting requirements outlined in the Victorian VET Student Statistical Collection Guidelines, then (subject to the Training Provider being eligible for the payment of Contact Hour Funds in respect of that course or qualification provided to that Eligible Individual) the Department will also pay a Fee Waiver/Exemption Contribution to the Training Provider. The Fee Waiver/Exemption Contribution payable will be calculated by: For fee waivers/exemptions granted under the Free TAFE for Priority Courses initiative in accordance with Clause 23 of Schedule 1, by multiplying: the applicable ‘Free TAFE Contribution per Hour’ (fixed value) for the course (as identified on the ‘Free TAFE Fee Waiver Reimbursement Schedule’); and the number of hours for which the Training Provider is entitled to be paid the Contact Hour Funds in relation to the delivery of the training and assessment for that course to that Eligible Individual; or For all other fee waivers/exemptions, by multiplying: the applicable ‘Fee Waiver/Exemption Contribution per Hour’ (fixed value) for the course (as identified on the Student Tuition Fee Contribution Report); and the number of hours for which the Training Provider is entitled to be paid the Contact Hour Funds in relation to the delivery of the training and assessment for that course to that Eligible Individual. AUDITS OR REVIEWS RELATING TO EVIDENCE OF PARTICIPATION, EVIDENCE OF ELIGIBILITY AND EVIDENCE OF CONCESSION/WAIVER/EXEMPTION Without limiting Clause 11 of this VET Funding Contract, the Department may instigate an audit of any Evidence of Participation, Evidence of Eligibility and/or Evidence of Concession/Waiver/Exemption at any time. Evidence of Participation audit If the audit of Evidence of Participation using a statistically valid sample size as determined by the Department reveals that units of competency audited are not supported by satisfactory Evidence of Participation as required under this VET Funding Contract (including Clause 11 of this Schedule 1), then (without limiting either the Department's other rights under Clauses 17 and 18 of this VET Funding Contract in that event, or any of its rights under Clauses 17 and 18 of this VET Funding Contract in any other circumstance) where the percentage of unsupported units of competency (exceptions) exceeds a threshold specified by the Department, the Department may: apply a monetary amount in accordance with Clause 17 of this VET Funding Contract; require a refund of some or all of the Funds from the Training Provider; and/or cancel some or all of the Funds claimed by the Training Provider. For the purpose of Clause 14.2(a), the monetary amount will be 10 per cent of the total Funds claimed and/or paid to the Training Provider across the total population of units of competency from which the statistically valid sample has been drawn, multiplied by the percentage of exceptions. For the purpose of Clause 14.2(b), the value of Funds sought by the Department 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 units of competency from which the statistically valid sample has been drawn. Evidence of Eligibility audit If the audit of Evidence of Eligibility reveals insufficient documentation to demonstrate that the Training Provider has correctly, and in accordance with this VET Funding Contract (including Clause 3 of this Schedule 1), assessed the eligibility for the Entitlement to Funded Training of individual in respect of whom a claim for Funds has been made by the Training Provider (exceptions), then (without limiting either the Department's other rights under Clauses 17 and 18 of this VET Funding Contract in that event, or any of its rights under Clauses 17 and 18 of this VET Funding Contract in any other circumstance) the Department may: apply a monetary amount in accordance with Clause 17 of this VET Funding Contract; require a refund of some or all of the Funds from the Training Provider; and/or cancel some or all of the Funds claimed by the Training Provider. For the purpose of Clause 14.5(a), the monetary 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 Concession/Waiver/Exemption audit If the audit of Evidence of Concession/Waiver/Exemption reveals insufficient documentation to demonstrate that the Training Provider has correctly, and in accordance with this VET Funding Contract (including Clause 4.7 of this Schedule 1), assessed the eligibility for a fee concession, waiver or exemption of an individual in respect of whom a claim for Funds has been made by the Training Provider (exceptions) then (without limiting either the Department's other rights under Clauses 17 and 18 of this VET Funding Contract in that event, or any of its rights under Clauses 17 and 18 of this VET Funding Contract in any other circumstance) the Department may: apply a monetary amount in accordance with Clause 17 of this VET Funding Contract; require a refund of some or all of the Funds from the Training Provider; and/or cancel some or all of the Fee Concession Contribution or Fee Waiver/Exemption Contribution claimed by the Training Provider. For the purpose of Clause 14.7(a), the monetary amount will be 10 per cent of the total Fee Concession Contribution or Fee Waiver/Exemption Contribution claimed and/or paid to the Training Provider for each enrolment for which an exception has been identified. ENROLMENTS IN COURSES AND QUALIFICATIONS ON THE FOUNDATION SKILLS LIST The Department will not pay, and the Training Provider must not make a claim for, any Funds in respect any unit of competency undertaken as part of enrolment in a course on the Foundation Skills List, unless that unit of competency is: specified as a core unit of competency in the curriculum for that course; specified and listed as a unit of competency within a specialisation or as an elective unit in the curriculum for that course; or a Literacy and Numeracy Support Unit. This Clause 15 does not apply to the Victorian Certificate of Applied Learning (Foundation).

Exemption Contribution. Where the Training Provider has: granted a fee waiver/exemption to an Eligible Individual in accordance with the requirements set out in the Guidelines about Fees; and reported to the Department that fee waivers/exemption in the applicable Student Statistical Reports in accordance with the fee waiver/exemption reporting requirements outlined in the Victorian VET Student Statistical Collection Guidelines, then (subject to the Training Provider being eligible for the payment of Contact Hour Funds in respect of that course or qualification provided to that Eligible Individual) the Department will also pay a Fee Waiver/Exemption Contribution to the Training Provider. The Fee Waiver/Exemption Contribution payable will be calculated calculated: For fee waivers/exemptions granted under the Free TAFE for Priority Courses initiative in accordance with Clause 23 of Schedule 1, by multiplying: the applicable ‘Free TAFE Contribution per Hour’ (fixed value) for the course (as identified on the ‘Free TAFE Fee Waiver Reimbursement Schedule’); and the number of hours for which the Training Provider is entitled to be paid the Contact Hour Funds in relation to the delivery of the training and assessment for that course to that Eligible Individual; or For all other fee waivers/exemptions, by multiplying: the applicable ‘Fee Waiver/Exemption Contribution per Hour’ (fixed value) for the course (as identified on the Student Tuition Fee Contribution Report); and the number of hours for which the Training Provider is entitled to be paid the Contact Hour Funds in relation to the delivery of the training and assessment for that course to that Eligible Individual. AUDITS OR REVIEWS RELATING TO EVIDENCE OF PARTICIPATION, EVIDENCE OF ELIGIBILITY AND EVIDENCE OF CONCESSION/WAIVER/EXEMPTION Without limiting Clause 11 of this VET Funding Contract, the Department may instigate an audit of any Evidence of Participation, Evidence of Eligibility and/or Evidence of Concession/Waiver/Exemption at any time. Evidence of Participation audit If the audit of Evidence of Participation using a statistically valid sample size as determined by the Department reveals that units of competency audited are not supported by satisfactory Evidence of Participation as required under this VET Funding Contract (including Clause 11 of this Schedule 1), then (without limiting either the Department's other rights under Clauses 17 and 18 of this VET Funding Contract in that event, or any of its rights under Clauses 17 and 18 of this VET Funding Contract in any other circumstance) where the percentage of unsupported units of competency (exceptions) exceeds a threshold specified by the Department, the Department may: apply a monetary amount in accordance with Clause 17 of this VET Funding Contract; require a refund of some or all of the Funds from the Training Provider; and/or cancel some or all of the Funds claimed by the Training Provider. For the purpose of Clause 14.2(a), the monetary amount will be 10 per cent of the total Funds claimed and/or paid to the Training Provider across the total population of units of competency from which the statistically valid sample has been drawn, multiplied by the percentage of exceptions. For the purpose of Clause 14.2(b), the value of Funds sought by the Department 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 units of competency from which the statistically valid sample has been drawn. Evidence of Eligibility audit If the audit of Evidence of Eligibility reveals insufficient documentation to demonstrate that the Training Provider has correctly, and in accordance with this VET Funding Contract (including Clause 3 of this Schedule 1), assessed the eligibility for the Entitlement to Funded Training of individual in respect of whom a claim for Funds has been made by the Training Provider (exceptions), then (without limiting either the Department's other rights under Clauses 17 and 18 of this VET Funding Contract in that event, or any of its rights under Clauses 17 and 18 of this VET Funding Contract in any other circumstance) the Department may: apply a monetary amount in accordance with Clause 17 of this VET Funding Contract; require a refund of some or all of the Funds from the Training Provider; and/or cancel some or all of the Funds claimed by the Training Provider. For the purpose of Clause 14.5(a), the monetary 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 Concession/Waiver/Exemption audit If the audit of Evidence of Concession/Waiver/Exemption reveals insufficient documentation to demonstrate that the Training Provider has correctly, and in accordance with this VET Funding Contract (including Clause 4.7 of this Schedule 1), assessed the eligibility for a fee concession, waiver or exemption of an individual in respect of whom a claim for Funds has been made by the Training Provider (exceptions) then (without limiting either the Department's other rights under Clauses 17 and 18 of this VET Funding Contract in that event, or any of its rights under Clauses 17 and 18 of this VET Funding Contract in any other circumstance) the Department may: apply a monetary amount in accordance with Clause 17 of this VET Funding Contract; require a refund of some or all of the Funds from the Training Provider; and/or cancel some or all of the Fee Concession Contribution or Fee Waiver/Exemption Contribution claimed by the Training Provider. For the purpose of Clause 14.7(a), the monetary amount will be 10 per cent of the total Fee Concession Contribution or Fee Waiver/Exemption Contribution claimed and/or paid to the Training Provider for each enrolment for which an exception has been identified.