Common use of Foundation Skills Approved Provider List Clause in Contracts

Foundation Skills Approved Provider List. To receive Funds for delivery of a Foundation Skills Program (except Literacy and Numeracy Support Units), the Training Provider must be on the Foundation Skills Approved Provider List and have the relevant approval to provide that program. The Department may add or remove the Training Provider from the Foundation Skills Approved Provider List, and/or vary its approvals on the Foundation Skills Approved Provider List at any time, by notification via the SVTS. Additional capability or quality assurance process may be required by the Department The Department may introduce a capability or quality assurance process and require the Training Provider to participate in it, in order to be able to receive Funds for delivery of particular programs or types of training as defined by the Department. If the Training Provider does not participate in a process advised under Clause 5.5, or does not meet the required standard, the Department may notify the Training Provider via the SVTS that it will remove relevant programs from the Funded Scope and/or direct the Training Provider to cease enrolments in particular programs or types of training. SUBCONTRACTING Definition of subcontracting 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: an employee or officer of the Training Provider, acting in their capacity as such an employee or officer; or a Sole Trader engaged directly by the Training Provider (and to avoid doubt, not through an intermediary) in their capacity as a Sole Trader. To avoid doubt, it is considered to be subcontracting to engage: an individual through a franchise, labour hire or other similar arrangement; or any person to undertake Brokering Services. Subcontracting of Pre-Training Review The Training Provider must not subcontract any aspect of the Pre-Training Review. Subcontracting of training and assessment 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. 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. 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. Subcontracting generally 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. The Department may direct the Training Provider to cease, or otherwise vary the scope of, any subcontract arrangement. The Training Provider must ensure that any subcontract arrangement: prohibits further subcontracting by the subcontractor; requires the subcontractor to provide all necessary assistance, documentation and information that is required under this Contract; permits it to immediately suspend the subcontract arrangement if this Contract is suspended; permits it to immediately terminate the subcontract arrangement if this Contract is terminated; and 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 or investigation under Clause 11). The Training Provider: must provide a copy of any executed subcontract agreement to the Department if requested; retains responsibility for all of its obligations under this Contract despite entry into any subcontract arrangement, and is not relieved by any subcontract arrangement of any of its liabilities or obligations under this Contract or to otherwise provide the Training Services; is responsible for ensuring the suitability of the subcontractor and for ensuring that any work performed by the subcontractor meets the requirements of this Contract; is liable to the Department for the acts, or omissions or negligence of any subcontractor (or any employee, officer or agent of the subcontractor) as if they were the acts, or omissions or negligence, of the Training Provider (or the employees, officers or agents of the Training Provider); indemnifies (and must keep indemnified) the Department against any or all Loss arising from any acts or omissions by any subcontractor in connection with, or in the course of, the provision of the Training Services or any breach of this Contract (whether or not the breach is a Material Breach); acknowledges that the Department is not liable for, nor will it become involved in, the internal administration of subcontract arrangements or act as a mediator between the Training Provider and any subcontractor; and must bear all costs associated with any subcontract arrangement. REPORTING AND INFORMATION Reporting generally The Training Provider must: use an electronic Student Management System that complies with the Victorian VET Student Statistical Collection Guidelines; provide accurate and complete Student Statistical Reports and other reports or information to the Department about the Training Services, in accordance with Clauses 10 and 11 of Schedule 1; provide any other information or reports the Department may require from time to time relating to this Contract by the time specified by the Department, or if no time is specified, within a reasonable period of time from the Department’s request; if the Department requires, collect new information and create new documents in a format specified by the Department; and provide any reports to the Department in accordance with Schedule 3 – special initiatives (if applicable to the Training Provider). Reporting of subcontract arrangements for Brokering Services The Training Provider must provide the Department, in a format determined by the Department, details of each subcontract arrangement it has entered into for the delivery of Brokering Services as follows: details of any subcontract arrangements entered into prior to the Commencement Date, within 30 days of the Commencement Date; and details of any further subcontract arrangement, within 30 days of entering into that arrangement. Change in Control The Training Provider must notify the Department via the SVTS immediately upon becoming aware of any proposed Change in Control and, in any event, at least 20 Business Days before the Change in Control takes effect. The Training Provider must provide in its notification details of the Change in Control and when it is to take effect. If the Department receives a notification under Clause 7.3, it may give the Training Provider notification via the SVTS setting out whether or not it approves the proposed Change in Control, and any such approval is at the Department's sole discretion. Notification of events If the Training Provider holds an Other VET Funding Arrangement, it must promptly notify the Department via the SVTS if: any restriction or reduction in scope is imposed on its entitlement to offer or deliver government-subsidised training under such an arrangement, whether or not this affects programs on the Funded Scope (except that this notification requirement does not apply if the restriction or reduction is imposed on a number of registered training organisations and is for reasons not associated with the Training Provider's performance under the Other VET Funding Arrangement); or an Other VET Funding Arrangement Termination Event occurs in relation to the Training Provider, or any other registered training organisation that is a member of the Training Provider Group. The Training Provider must immediately notify the Department via the SVTS of any significant changes to its ownership, CEO or operations (including its financial viability and any intention or decision to cease operations as a registered training organisation in Victoria). The Training Provider must promptly notify the Department via the SVTS if, at any time, any event occurs that may be covered by Clause 17.4(f) or Clause 17.4(i).

Foundation Skills Approved Provider List. To receive Funds for delivery of a Foundation Skills Program (except Literacy and Numeracy Support Units), the Training Provider must be on the Foundation Skills Approved Provider List and have the relevant approval to provide that program. The Department may add or remove the Training Provider from the Foundation Skills Approved Provider List, and/or vary its approvals on the Foundation Skills Approved Provider List at any time, by notification via the SVTS. Additional capability or quality assurance process may be required by the Department The Department may introduce a capability or quality assurance process and require the Training Provider to participate in it, in order to be able to receive Funds for delivery of particular programs or types of training as defined by the Department. If the Training Provider does not participate in a process advised under Clause 5.55.12, or does not meet the required standard, the Department may notify the Training Provider via the SVTS that it will remove relevant programs from the Funded Scope and/or direct the Training Provider to cease enrolments in particular programs or types of training. SUBCONTRACTING Definition of subcontracting 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: an employee or officer of the Training Provider, acting in their capacity as such an employee or officer; or a Sole Trader engaged directly by the Training Provider (and to avoid doubt, not through an intermediary) in their capacity as a Sole Trader. To avoid doubt, it is considered to be subcontracting to engage: an individual through a franchise, labour hire or other similar arrangement; or any person to undertake Brokering Services. Subcontracting of Pre-Training Review The Training Provider must not subcontract any aspect of the Pre-Training Review. Subcontracting of training and assessment 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. 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. 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. Subcontracting generally 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. The Department may direct the Training Provider to cease, or otherwise vary the scope of, any subcontract arrangement. The Training Provider must ensure that any subcontract arrangement: prohibits further subcontracting by the subcontractor; requires the subcontractor to provide all necessary assistance, documentation and information that is required under this Contract; permits it to immediately suspend the subcontract arrangement if this Contract is suspended; permits it to immediately terminate the subcontract arrangement if this Contract is terminated; and 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 or investigation under Clause 11). The Training Provider: must provide a copy of any executed subcontract agreement to the Department if requested; retains responsibility for all of its obligations under this Contract despite entry into any subcontract arrangement, and is not relieved by any subcontract arrangement of any of its liabilities or obligations under this Contract or to otherwise provide the Training Services; is responsible for ensuring the suitability of the subcontractor and for ensuring that any work performed by the subcontractor meets the requirements of this Contract; is liable to the Department for the acts, or omissions or negligence of any subcontractor (or any employee, officer or agent of the subcontractor) as if they were the acts, or omissions or negligence, of the Training Provider (or the employees, officers or agents of the Training Provider); indemnifies (and must keep indemnified) the Department against any or all Loss arising from any acts or omissions by any subcontractor in connection with, or in the course of, the provision of the Training Services or any breach of this Contract (whether or not the breach is a Material Breach); acknowledges that the Department is not liable for, nor will it become involved in, the internal administration of subcontract arrangements or act as a mediator between the Training Provider and any subcontractor; and must bear all costs associated with any subcontract arrangement. REPORTING AND INFORMATION Reporting generally The Training Provider must: use an electronic Student Management System that complies with the Victorian VET Student Statistical Collection Guidelines; provide accurate and complete Student Statistical Reports and other reports or information to the Department about the Training Services, in accordance with Clauses 10 and 11 of Schedule 1; provide any other information or reports the Department may require from time to time relating to this Contract by the time specified by the Department, or if no time is specified, within a reasonable period of time from the Department’s request; if the Department requires, collect new information and create new documents in a format specified by the Department; and provide any reports to the Department in accordance with Schedule 3 – special initiatives (if applicable to the Training Provider). Reporting of subcontract arrangements for Brokering Services The Training Provider must provide the Department, in a format determined by the Department, details of each subcontract arrangement it has entered into for the delivery of Brokering Services as follows: details of any subcontract arrangements entered into prior to the Commencement Date, within 30 days of the Commencement Date; and details of any further subcontract arrangement, within 30 days of entering into that arrangement. Change in Control The Training Provider must notify the Department via the SVTS immediately upon becoming aware of any proposed Change in Control and, in any event, at least 20 Business Days before the Change in Control takes effect. The Training Provider must provide in its notification details of the Change in Control and when it is to take effect. If the Department receives a notification under Clause 7.3, it may give the Training Provider notification via the SVTS setting out whether or not it approves the proposed Change in Control, and any such approval is at the Department's sole discretion. Notification of events If the Training Provider holds an Other VET Funding Arrangement, it must promptly notify the Department via the SVTS if: any restriction or reduction in scope is imposed on its entitlement to offer or deliver government-subsidised training under such an arrangement, whether or not this affects programs on the Funded Scope (except that this notification requirement does not apply if the restriction or reduction is imposed on a number of registered training organisations and is for reasons not associated with the Training Provider's performance under the Other VET Funding Arrangement); or an Other VET Funding Arrangement Termination Event occurs in relation to the Training Provider, or any other registered training organisation that is a member of the Training Provider Group. The Training Provider must immediately notify the Department via the SVTS of any significant changes to its ownership, CEO or operations (including its financial viability and any intention or decision to cease operations as a registered training organisation in Victoria). The Training Provider must promptly notify the Department via the SVTS if, at any time, any event occurs that may be covered by Clause 17.4(f) or Clause 17.4(i).

Foundation Skills Approved Provider List. To receive Funds for delivery of a Foundation Skills Program (except Literacy and Numeracy Support Units), the Training Provider must be on the Foundation Skills Approved Provider List and have the relevant approval to provide that program. The Department may add or remove the Training Provider from the Foundation Skills Approved Provider List, and/or vary its approvals on the Foundation Skills Approved Provider List at any time, by notification via the SVTS. Additional capability or quality assurance process may be required by the Department The Department may introduce a capability or quality assurance process and require the Training Provider to participate in it, in order to be able to receive Funds for delivery of particular programs or types of training as defined by the Department. If the Training Provider does not participate in a process advised under Clause 5.5, or does not meet the required standard, the Department may notify the Training Provider via the SVTS that it will remove relevant programs from the Funded Scope and/or direct the Training Provider to cease enrolments in particular programs or types of training. SUBCONTRACTING Definition of subcontracting 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: an employee or officer of the Training Provider, acting in their capacity as such an employee or officer; or a Sole Trader engaged directly by the Training Provider (and to avoid doubt, not through an intermediary) in their capacity as a Sole Trader. To avoid doubt, it is considered to be subcontracting to engage: an individual through a franchise, labour hire or other similar arrangement; or any person to undertake Brokering Services. Subcontracting of Pre-Training Review The Training Provider must not subcontract any aspect of the Pre-Training Review. Subcontracting of training and assessment 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. 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. 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. Subcontracting generally 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. The Department may direct the Training Provider to cease, or otherwise vary the scope of, any subcontract arrangement. The Training Provider must ensure that any subcontract arrangement: prohibits further subcontracting by the subcontractor; requires the subcontractor to provide all necessary assistance, documentation and information that is required under this Contract; permits it to immediately suspend the subcontract arrangement if this Contract is suspended; permits it to immediately terminate the subcontract arrangement if this Contract is terminated; and 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 or investigation under Clause 11). The Training Provider: must provide a copy of any executed subcontract agreement to the Department if requested; retains responsibility for all of its obligations under this Contract despite entry into any subcontract arrangement, and is not relieved by any subcontract arrangement of any of its liabilities or obligations under this Contract or to otherwise provide the Training Services; is responsible for ensuring the suitability of the subcontractor and for ensuring that any work performed by the subcontractor meets the requirements of this Contract; is liable to the Department for the acts, or omissions or negligence of any subcontractor (or any employee, officer or agent of the subcontractor) as if they were the acts, or omissions or negligence, of the Training Provider (or the employees, officers or agents of the Training Provider); indemnifies (and must keep indemnified) the Department against any or all Loss arising from any acts or omissions by any subcontractor in connection with, or in the course of, the provision of the Training Services or any breach of this Contract (whether or not the breach is a Material Breach); acknowledges that the Department is not liable for, nor will it become involved in, the internal administration of subcontract arrangements or act as a mediator between the Training Provider and any subcontractor; and must bear all costs associated with any subcontract arrangement. REPORTING AND INFORMATION Reporting generally The Training Provider must: use an electronic Student Management System that complies with the Victorian VET Student Statistical Collection Guidelines; provide accurate and complete Student Statistical Reports and other reports or information to the Department about the Training Services, in accordance with Clauses 10 and 11 of Schedule 1; provide any other information or reports the Department may require from time to time relating to this Contract by the time specified by the Department, or if no time is specified, within a reasonable period of time from the Department’s request; if the Department requires, collect new information and create new documents in a format specified by the Department; and provide any reports to the Department in accordance with Schedule 3 – special initiatives (if applicable to the Training Provider). Reporting of subcontract arrangements for Brokering Services The Training Provider must provide the Department, in a format determined by the Department, details of each subcontract arrangement it has entered into for the delivery of Brokering Services as follows: details of any subcontract arrangements entered into prior to the Commencement Date, within 30 days of the Commencement Date; and details of any further subcontract arrangement, within 30 days of entering into that arrangement. Change in Control The Training Provider must notify the Department via the SVTS immediately upon becoming aware of any proposed Change in Control and, in any event, at least 20 Business Days before the Change in Control takes effect. The Training Provider must provide in its notification details of the Change in Control and when it is to take effect. If the Department receives a notification under Clause 7.3, it may give the Training Provider notification via the SVTS setting out whether or not it approves the proposed Change in Control, and any such approval is at the Department's sole discretion. Notification of events If the Training Provider holds an Other VET Funding Arrangement, it must promptly notify the Department via the SVTS if: any restriction or reduction in scope is imposed on its entitlement to offer or deliver government-subsidised training under such an arrangement, whether or not this affects programs on the Funded Scope (except that this notification requirement does not apply if the restriction or reduction is imposed on a number of registered training organisations and is for reasons not associated with the Training Provider's performance under the Other VET Funding Arrangement); or an Other VET Funding Arrangement Termination Event occurs in relation to the Training Provider, or any other registered training organisation that is a member of the Training Provider Group. The Training Provider must immediately notify the Department via the SVTS of any significant changes to its ownership, CEO or operations (including its financial viability and any intention or decision to cease operations as a registered training organisation in Victoria). The Training Provider must promptly notify the Department via the SVTS if, at any time, any event occurs that may be covered by Clause 17.4(f) or Clause any of Clauses 17.4(i) to 17.4(k).

Foundation Skills Approved Provider List. To receive Funds for delivery of a any program on the Foundation Skills Program List (except Literacy and Numeracy Support Units), the Training Provider must be on the Foundation Skills Approved Provider List and have the relevant approval to provide that program. The Department may add or remove the Training Provider from the Foundation Skills Approved Provider List, and/or vary its approvals on the Foundation Skills Approved Provider List at any time, by notification via the SVTS. Additional capability or quality assurance process may be required by the Department The Department may introduce a capability or quality assurance process and require the Training Provider to participate in it, in order to be able to receive Funds for delivery of particular programs or types of training as defined by the Department. If the Training Provider does not participate in a process advised under Clause 5.55.12, or does not meet the required standard, the Department may notify the Training Provider via the SVTS that it will remove relevant programs from the Funded Scope and/or direct the Training Provider to cease enrolments in particular programs or types of training. SUBCONTRACTING Definition of subcontracting 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: an employee or officer of the Training Provider, acting in their capacity as such an employee or officer; or a Sole Trader engaged directly by the Training Provider (and to avoid doubt, not through an intermediary) in their capacity as a Sole Trader. To avoid doubt, it is considered to be subcontracting to engage: an individual through a franchise, labour hire or other similar arrangement; or any person to undertake Brokering Services. Subcontracting of Pre-Training Review The Training Provider must not subcontract any aspect of the Pre-Training Review. Subcontracting of training and assessment 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. 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. 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. Subcontracting generally 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. The Department may direct the Training Provider to cease, or otherwise vary the scope of, any subcontract arrangement. The Training Provider must ensure that any subcontract arrangement: prohibits further subcontracting by the subcontractor; requires the subcontractor to provide all necessary assistance, documentation and information that is required under this Contract; permits it to immediately suspend the subcontract arrangement if this Contract is suspended; permits it to immediately terminate the subcontract arrangement if this Contract is terminated; and 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 or investigation under Clause 11). The Training Provider: must provide a copy of any executed subcontract agreement to the Department if requested; retains responsibility for all of its obligations under this Contract despite entry into any subcontract arrangement, and is not relieved by any subcontract arrangement of any of its liabilities or obligations under this Contract or to otherwise provide the Training Services; is responsible for ensuring the suitability of the subcontractor and for ensuring that any work performed by the subcontractor meets the requirements of this Contract; is liable to the Department for the acts, or omissions or negligence of any subcontractor (or any employee, officer or agent of the subcontractor) as if they were the acts, or omissions or negligence, of the Training Provider (or the employees, officers or agents of the Training Provider); indemnifies (and must keep indemnified) the Department against any or all Loss arising from any acts or omissions by any subcontractor in connection with, or in the course of, the provision of the Training Services or any breach of this Contract (whether or not the breach is a Material Breach); acknowledges that the Department is not liable for, nor will it become involved in, the internal administration of subcontract arrangements or act as a mediator between the Training Provider and any subcontractor; and must bear all costs associated with any subcontract arrangement. REPORTING AND INFORMATION Reporting generally The Training Provider must: use an electronic Student Management System that complies with the Victorian VET Student Statistical Collection Guidelines; provide accurate and complete Student Statistical Reports and other reports or information to the Department about the Training Services, in accordance with Clauses 10 and 11 of Schedule 1; provide any other information or reports the Department may require from time to time relating to this Contract by the time specified by the Department, or if no time is specified, within a reasonable period of time from the Department’s request; if the Department requires, collect new information and create new documents in a format specified by the Department; and provide any reports to the Department in accordance with Schedule 3 – special initiatives (if applicable to the Training Provider). Reporting of subcontract arrangements for Brokering Services The Training Provider must provide the Department, in a format determined by the Department, details of each subcontract arrangement it has entered into for the delivery of Brokering Services as follows: details of any subcontract arrangements entered into prior to the Commencement Date, within 30 days of the Commencement Date; and details of any further subcontract arrangement, within 30 days of entering into that arrangement. Change in Control The Training Provider must notify the Department via the SVTS immediately upon becoming aware of any proposed Change in Control and, in any event, at least 20 Business Days before the Change in Control takes effect. The Training Provider must provide in its notification details of the Change in Control and when it is to take effect. If the Department receives a notification under Clause 7.3, it may give the Training Provider notification via the SVTS setting out whether or not it approves the proposed Change in Control, and any such approval is at the Department's sole discretion. Notification of events If the Training Provider holds an Other VET Funding Arrangement, it must promptly notify the Department via the SVTS if: any restriction or reduction in scope is imposed on its entitlement to offer or deliver government-subsidised training under such an arrangement, whether or not this affects programs on the Funded Scope (except that this notification requirement does not apply if the restriction or reduction is imposed on a number of registered training organisations and is for reasons not associated with the Training Provider's performance under the Other VET Funding Arrangement); or an Other VET Funding Arrangement Termination Event occurs in relation to the Training Provider, or any other registered training organisation that is a member of the Training Provider Group. The Training Provider must immediately notify the Department via the SVTS of any significant changes to its ownership, CEO or operations (including its financial viability and any intention or decision to cease operations as a registered training organisation in Victoria). The Training Provider must promptly notify the Department via the SVTS if, at any time, any event occurs that may be covered by Clause 17.4(f) or Clause 17.4(i).

Foundation Skills Approved Provider List. To receive Funds for delivery of a any program on the Foundation Skills Program List (except Literacy and Numeracy Support Units), the Training Provider must be on the Foundation Skills Approved Provider List and have the relevant approval to provide that program. The Department may add or remove the Training Provider from the Foundation Skills Approved Provider List, and/or vary its approvals on the Foundation Skills Approved Provider List at any time, by notification via the SVTS. Additional capability or quality assurance process may be required by the Department The Department may introduce a capability or quality assurance process and require the Training Provider to participate in it, in order to be able to receive Funds for delivery of particular programs or types of training as defined by the Department. If the Training Provider does not participate in a process advised under Clause 5.5, or does not meet the required standard, the Department may notify the Training Provider via the SVTS that it will remove relevant programs from the Funded Scope and/or direct the Training Provider to cease enrolments in particular programs or types of training. SUBCONTRACTING Definition of subcontracting 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: an employee or officer of the Training Provider, acting in their capacity as such an employee or officer; or a Sole Trader engaged directly by the Training Provider (and to avoid doubt, not through an intermediary) in their capacity as a Sole Trader. To avoid doubt, it is considered to be subcontracting to engage: an individual through a franchise, labour hire or other similar arrangement; or any person to undertake Brokering Services. Subcontracting of Pre-Training Review The Training Provider must not subcontract any aspect of the Pre-Training Review. Subcontracting of training and assessment 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. 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. 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. Subcontracting generally 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. The Department may direct the Training Provider to cease, or otherwise vary the scope of, any subcontract arrangement. The Training Provider must ensure that any subcontract arrangement: prohibits further subcontracting by the subcontractor; requires the subcontractor to provide all necessary assistance, documentation and information that is required under this Contract; permits it to immediately suspend the subcontract arrangement if this Contract is suspended; permits it to immediately terminate the subcontract arrangement if this Contract is terminated; and 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 or investigation under Clause 11). The Training Provider: must provide a copy of any executed subcontract agreement to the Department if requested; retains responsibility for all of its obligations under this Contract despite entry into any subcontract arrangement, and is not relieved by any subcontract arrangement of any of its liabilities or obligations under this Contract or to otherwise provide the Training Services; is responsible for ensuring the suitability of the subcontractor and for ensuring that any work performed by the subcontractor meets the requirements of this Contract; is liable to the Department for the acts, or omissions or negligence of any subcontractor (or any employee, officer or agent of the subcontractor) as if they were the acts, or omissions or negligence, of the Training Provider (or the employees, officers or agents of the Training Provider); indemnifies (and must keep indemnified) the Department against any or all Loss arising from any acts or omissions by any subcontractor in connection with, or in the course of, the provision of the Training Services or any breach of this Contract (whether or not the breach is a Material Breach); acknowledges that the Department is not liable for, nor will it become involved in, the internal administration of subcontract arrangements or act as a mediator between the Training Provider and any subcontractor; and must bear all costs associated with any subcontract arrangement. REPORTING AND INFORMATION Reporting generally The Training Provider must: use an electronic Student Management System that complies with the Victorian VET Student Statistical Collection Guidelines; provide accurate and complete Student Statistical Reports and other reports or information to the Department about the Training Services, in accordance with Clauses 10 and 11 of Schedule 1; provide any other information or reports the Department may require from time to time relating to this Contract by the time specified by the Department, or if no time is specified, within a reasonable period of time from the Department’s request; if the Department requires, collect new information and create new documents in a format specified by the Department; and provide any reports to the Department in accordance with Schedule 3 – special initiatives (if applicable to the Training Provider). Reporting of subcontract arrangements for Brokering Services The Training Provider must provide the Department, in a format determined by the Department, details of each subcontract arrangement it has entered into for the delivery of Brokering Services as follows: details of any subcontract arrangements entered into prior to the Commencement Date, within 30 days of the Commencement Date; and details of any further subcontract arrangement, within 30 days of entering into that arrangement. Change in Control The Training Provider must notify the Department via the SVTS immediately upon becoming aware of any proposed Change in Control and, in any event, at least 20 Business Days before the Change in Control takes effect. The Training Provider must provide in its notification details of the Change in Control and when it is to take effect. If the Department receives a notification under Clause 7.3, it may give the Training Provider notification via the SVTS setting out whether or not it approves the proposed Change in Control, and any such approval is at the Department's sole discretion. Notification of events If the Training Provider holds an Other VET Funding Arrangement, it must promptly notify the Department via the SVTS if: any restriction or reduction in scope is imposed on its entitlement to offer or deliver government-subsidised training under such an arrangement, whether or not this affects programs on the Funded Scope (except that this notification requirement does not apply if the restriction or reduction is imposed on a number of registered training organisations and is for reasons not associated with the Training Provider's performance under the Other VET Funding Arrangement); or an Other VET Funding Arrangement Termination Event occurs in relation to the Training Provider, or any other registered training organisation that is a member of the Training Provider Group. The Training Provider must immediately notify the Department via the SVTS of any significant changes to its ownership, CEO or operations (including its financial viability and any intention or decision to cease operations as a registered training organisation in Victoria). The Training Provider must promptly notify the Department via the SVTS if, at any time, any event occurs that may be covered by Clause 17.4(f) or Clause 17.4(i).