Common use of FUNDING AND PAYMENTS Clause in Contracts

FUNDING AND PAYMENTS. 7.1. The VSC will only make payments to the RTO with which it has an Agreement and only for qualifications listed on the RTO’s scope of registration. It will not make payments to a third party. 7.2. Nothing in this Agreement is to be construed as creating an obligation, commitment or undertaking by the VSC to provide additional or further funding or assistance beyond that provided for in this Agreement. 7.3. The VSC may deduct from any payment due to the RTO under this or any other agreement between the VSC and the RTO: a. any amounts due to the VSC under this or any other agreement between the VSC and the RTO; and b. money paid for any Services that the VSC is satisfied have not been provided in accordance with this Agreement; and c. money paid to auditors, or any other authorised persons, to verify the replacement or correction of any of the Services. 7.4. If the RTO is, in the opinion of the VSC or its delegate, non-compliant with any aspect of this, or any other agreement, with the VSC, the VSC may withhold payment under this agreement until such time as the non-compliance is addressed to the satisfaction of the VSC. 7.5. Each payment under this Agreement will be increased by an amount equal to any GST payable with respect to the Taxable Supply for which the payment is made provided that with each relevant claim for payment is accompanied by a valid Tax Invoice. The total amount of monies paid under this Agreement will be increased to include the total amount of GST payable. The RTO is required to maintain a current agreement with the VSC allowing the VSC to issue Recipient Created Tax Invoices in relation to all payments. 7.6. Payments are subject to the RTO having complied in all respects with all prior and current agreements with the VSC. In particular, the RTO must have submitted all reports and complied with the 2010 Victorian VET Student Statistical Collection Guidelines under any prior and current agreement. Payments may be suspended pending completion of prior or current contractual obligations, or pending resolution of prior or current issues of non-compliance. 7.7. For each eligible individual, the RTO must report training delivery consistent with the requirements of the 2010 Victorian Student Statistical Collection Guidelines. Activity Reports must report the Scheduled Hours as at the date that the Activity Report is lodged. 7.8. Subject to this Agreement, the VSC will pay the RTO for training and assessment services provided to eligible individuals. Eligibility requirements for individuals are described in Executive Memorandum 2009-32 “Eligibility for Government Funded Training From 1 July 2009”. 7.9. Apprentices and Trainees under a Training Contract must commence structured training within three months of the commencement of the Training Contract. If more than three months elapses between the date of commencement of the Training Contract and the start of structured training the RTO is ineligible for funding of the Apprentice or Trainee (as applicable). 7.10. The RTO will be paid monthly in arrears on the basis of student statistical data submitted by the RTO. Claims for payment will be calculated at the unit of competency or module level, such that the Scheduled Hours reported will be averaged over the number of months of scheduled delivery. The RTO will be paid in arrears for the monthly Scheduled Hours delivered and reported where the RTO has evidence of participation. 7.11. Subject to this Agreement, the VSC will pay the RTO for training delivered under this Agreement in 2010 at the rate per Scheduled Hour described in the 2010 list of funded courses up to the maximum Nominal Hours per qualification as identified in the relevant Victorian Purchasing Guide or State Accredited Course. The rate of funding for training delivered in subsequent years is encompassed within the Victorian Government policy Securing Jobs for Your Future – Skills for Victoria. 7.12. In the event that an individual withdraws from training prior to achieving competency in an individual module or unit of competency, the enrolment must be reported against outcome code "40" in the "Outcome Identifier - National" field of the NAT120 file in that month's statistical data submission in accordance with the 2010 Victorian VET Student Statistical Collection Guidelines. In these instances, payment for the individual module or unit of competency will be made in accordance with the Hours Attended as reported in the NAT120 file. 7.13. For partial completion of a qualification, the RTO must be able to provide evidence to substantiate provision of training and/or assessment. In the event that training for an individual is discontinued, and there is not sufficient evidence to substantiate the provision of training and/or assessment, any claims made by the RTO for that individual must be reconciled and an appropriate negative claim recorded. 7.14. The RTO must identify all modules/units of competency relevant to the qualification in which an eligible individual is enrolled that have been attained by an individual as a result of previous formal training. The RTO is not eligible for funding for the Scheduled Hours associated with these modules/units of competency, and must report these as Credit Transfer. 7.15. RPL will be paid up to the nominal hours per unit of competency/module. Recognition of Current Competency will not be paid. 7.16. Where the RTO has granted one of the following fee concessions, the RTO will be reimbursed by the VSC for income foregone: a. payment of the minimum fee on the basis of clauses 2.2 and 2.3 of the 2009 Ministerial Directions about Fees; or b. payment of the minimum fee by an Indigenous student under the Indigenous Completions Initiative. 7.17. Reimbursement is on the basis of AVETMISS data including scheduled hours and qualifications for enrolments for which concessions were granted, and data indicating the grounds for the concession. 7.18. In line with clause 7.3 of the 2009 Ministerial Directions about Fees the RTO is required to keep records, including evidence, to support any claim for reimbursement of income foregone as a result of granting fee concessions. 7.19. The reimbursement amount will be calculated on the basis of 80 per cent of the applicable maximum hourly tuition fee, up to the applicable maximum, less the minimum fee. Reimbursement payments will be made in the first quarter of 2011. 7.20. Income foregone on the basis of concessions granted under clause 2.7 of the 2009 Ministerial Directions about Fees will not be reimbursed.

FUNDING AND PAYMENTS. 7.1. The VSC will only make payments to the RTO with which it has an Agreement and only for qualifications listed on the RTO’s scope of registration. It will not make payments to a third party. 7.2. Nothing in this Agreement is to be construed as creating an obligation, commitment or undertaking by the VSC to provide additional or further funding or assistance beyond that provided for in this Agreement. 7.3. The VSC may deduct from any payment due to the RTO under this or any other agreement between the VSC and the RTORTO : a. any amounts due to the VSC under this or any other agreement between the VSC and the RTO; and b. money paid for any Services that the VSC is satisfied have not been provided in accordance with this Agreement; and c. money paid to auditors, or any other authorised persons, to verify the replacement or correction of any of the Services. 7.4. If the RTO is, in the opinion of the VSC or its delegate, non-compliant with any aspect of this, or any other agreement, with the VSC, the VSC may withhold payment under this agreement until such time as the non-compliance is addressed to the satisfaction of the VSC. 7.5. Each payment under this Agreement will be increased by an amount equal to any GST payable with respect to the Taxable Supply for which the payment is made provided that with each relevant claim for payment is accompanied by a valid Tax Invoice. The total amount of monies paid under this Agreement will be increased to include the total amount of GST payable. The RTO is required to maintain a current agreement with the VSC allowing the VSC to issue Recipient Created Tax Invoices in relation to all payments. 7.6. Payments are subject to the RTO having complied in all respects with all prior and current agreements with the VSC. In particular, the RTO must have submitted all reports and complied with the 2010 2009 Victorian VET Student Statistical Collection Guidelines under any prior and current agreement. Payments may be suspended pending completion of prior or current contractual obligations, or pending resolution of prior or current issues of non-compliance. 7.7. For each eligible individual, the RTO must report training delivery consistent with the requirements of the 2010 2009 Victorian Student Statistical Collection Guidelines. Activity Reports must report the Scheduled Hours as at the date that the Activity Report is lodged. 7.8. Subject to this Agreement, the VSC will pay the RTO for training and assessment services provided to eligible individuals. Eligibility requirements for individuals are described in Executive Memorandum 2009-32 “Eligibility for Government Funded Training From 1 July 2009”. 7.9. Apprentices and Trainees under a Training Contract must commence structured training within three months of the commencement of the Training Contract. If more than three months elapses between the date of commencement of the Training Contract and the start of structured training the RTO is ineligible for funding of the Apprentice or Trainee (as applicable). 7.10. The RTO will be paid monthly in arrears on the basis of student statistical data submitted by the RTO. Claims for payment will be calculated at the unit of competency or module level, such that the Scheduled Hours reported will be averaged over the number of months of scheduled delivery. The RTO will be paid in arrears for the monthly Scheduled Hours delivered and reported where the RTO has evidence of participation. 7.11. Subject to this Agreement, the VSC will pay the RTO for training delivered under this Agreement in 2010 2009 at the rate per Scheduled Hour described in the 2010 2009 list of funded courses up to the maximum Nominal Hours per qualification as identified in the relevant Victorian Purchasing Guide or State Accredited Course. The rate of funding for training delivered in subsequent years is will be as encompassed within the Victorian Government policy Securing Jobs for Your Future – Skills for Victoria. 7.12. In the event that an individual withdraws from training prior to achieving competency in an individual module or unit of competency, the enrolment must be reported against outcome code "40" in the "Outcome Identifier - National" field of the NAT120 file in that month's statistical data submission in accordance with the 2010 2009 Victorian VET Student Statistical Collection Guidelines. In these instances, payment for the individual module or unit of competency will be made in accordance with the Hours Attended as reported in the NAT120 file. 7.13. For partial completion of a qualification, the RTO must be able to provide evidence to substantiate provision of training and/or assessment. In the event that training for an individual is discontinued, and there is not sufficient evidence to substantiate the provision of training and/or assessment, any claims made by the RTO for that individual must be reconciled and an appropriate negative claim recorded. 7.14. The RTO must identify all modules/units of competency relevant to the qualification in which an eligible individual is enrolled that have been attained by an individual as a result of previous formal training. The RTO is not eligible for funding for the Scheduled Hours associated with these modules/units of competency, and must report these as Credit Transfer. 7.15. RPL will be paid up to the nominal hours per unit of competency/module. Recognition of Current Competency will not be paid. 7.16. Where the RTO has granted one of the following fee concessions, the RTO will be reimbursed by the VSC for income foregone: a. payment of the minimum fee on the basis of clauses 2.2 and 2.3 of the 2009 Ministerial Directions about Fees; or b. payment of the minimum fee by an Indigenous student under the Indigenous Completions Initiative. 7.17. Reimbursement is on the basis of AVETMISS data including scheduled hours and qualifications for enrolments for which concessions were granted, and data indicating the grounds for the concession. 7.18. In line with clause 7.3 of the 2009 Ministerial Directions about Fees the RTO is required to keep records, including evidence, to support any claim for reimbursement of income foregone as a result of granting fee concessions. 7.19. The reimbursement amount will be calculated on the basis of 80 per cent of the applicable maximum hourly tuition fee, up to the applicable maximum, less the minimum fee. Reimbursement payments will be made in the first quarter of 20112010. 7.20. Income foregone on the basis of concessions granted under clause 2.7 of the 2009 Ministerial Directions about Fees will not be reimbursed.

FUNDING AND PAYMENTS. 7.1. The VSC will only make payments to the RTO with which it has an Agreement and only for qualifications listed on the RTO’s scope of registration. It will not make payments to a third party. 7.2. Nothing in this Agreement is to be construed as creating an obligation, commitment or undertaking by the VSC to provide additional or further funding or assistance beyond that provided for in this Agreement. 7.3. The VSC may deduct from any payment due to the RTO under this or any other agreement between the VSC and the RTO: a. any amounts due to the VSC under this or any other agreement between the VSC and the RTO; and b. money paid for any Services that the VSC is satisfied have not been provided in accordance with this Agreement; and c. money paid to auditors, or any other authorised persons, to verify the replacement or correction of any of the Services. 7.4. If the RTO is, in the opinion of the VSC or its delegate, non-compliant with any aspect of this, or any other agreement, with the VSC, the VSC may withhold payment under this agreement until such time as the non-compliance is addressed to the satisfaction of the VSC. 7.5. Each payment under this Agreement will be increased by an amount equal to any GST payable with respect to the Taxable Supply for which the payment is made provided that with each relevant claim for payment is accompanied by a valid Tax Invoice. The total amount of monies paid under this Agreement will be increased to include the total amount of GST payable. The RTO is required to maintain a current agreement with the VSC allowing the VSC to issue Recipient Created Tax Invoices in relation to all payments. 7.6. Payments are subject to the RTO having complied in all respects with all prior and current agreements with the VSC. In particular, the RTO must have submitted all reports and complied with the 2010 Victorian VET Student Statistical Collection Guidelines under any prior and current agreement. Payments may be suspended pending completion of prior or current contractual obligations, or pending resolution of prior or current issues of non-compliance. 7.7. For each eligible individual, the RTO must report training delivery consistent with the requirements of the 2010 Victorian Student Statistical Collection Guidelines. Activity Reports must report the Scheduled Hours as at the date that the Activity Report is lodged. 7.8. Subject to this Agreement, the VSC will pay the RTO for training and assessment services provided to eligible individuals. Eligibility requirements for individuals are described in Executive Memorandum 2009-32 “Eligibility for Government Funded Training From 1 July 2009”. 7.9. Apprentices and Trainees under a Training Contract must commence structured training within three months of the commencement of the Training Contract. If more than three months elapses between the date of commencement of the Training Contract and the start of structured training the RTO is ineligible for funding of the Apprentice or Trainee (as applicable). 7.10. The RTO will be paid monthly in arrears on the basis of student statistical data submitted by the RTO. Claims for payment will be calculated at the unit of competency or module level, such that the Scheduled Hours reported will be averaged over the number of months of scheduled delivery. The RTO will be paid in arrears for the monthly Scheduled Hours delivered and reported where the RTO has evidence of participation. 7.11. Subject to this Agreement, the VSC will pay the RTO for training delivered under this Agreement in 2010 at the rate per Scheduled Hour described in the 2010 list of funded courses up to the maximum Nominal Hours per qualification as identified in the relevant Victorian Purchasing Guide or State Accredited Course. The rate of funding for training delivered in subsequent years is encompassed within the Victorian Government policy Securing Jobs for Your Future – Skills for Victoria. 7.12. In the event that an individual withdraws from training prior to achieving competency in an individual module or unit of competency, the enrolment must be reported against outcome code "40" in the "Outcome Identifier - National" field of the NAT120 file in that month's statistical data submission in accordance with the 2010 Victorian VET Student Statistical Collection Guidelines. In these instances, payment for the individual module or unit of competency will be made in accordance with the Hours Attended as reported in the NAT120 file. 7.13. For partial completion of a qualification, the RTO must be able to provide evidence to substantiate provision of training and/or assessment. In the event that training for an individual is discontinued, and there is not sufficient evidence to substantiate the provision of training and/or assessment, any claims made by the RTO for that individual must be reconciled and an appropriate negative claim recorded. 7.14. The RTO must identify all modules/units of competency relevant to the qualification in which an eligible individual is enrolled that have been attained by an individual as a result of previous formal training. The RTO is not eligible for funding for the Scheduled Hours associated with these modules/units of competency, and must report these as Credit Transfer. 7.15. RPL will be paid up to the nominal hours per unit of competency/module. Recognition of Current Competency will not be paid. 7.16. Where the RTO has granted one of the following fee concessions, the RTO will be reimbursed by the VSC for income foregone: a. payment of the minimum fee on the basis of clauses 2.2 and 2.3 of the 2009 Ministerial Directions about Fees; or b. payment of the minimum fee by an Indigenous student under the Indigenous Completions Initiative. 7.17. Reimbursement is on the basis of AVETMISS data including scheduled hours and qualifications for enrolments for which concessions were granted, and data indicating the grounds for the concession. 7.18. In line with clause 7.3 of the 2009 Ministerial Directions about Fees the RTO is required to keep records, including evidence, to support any claim for reimbursement of income foregone as a result of granting fee concessions. 7.19. The reimbursement amount will be calculated on the basis of 80 per cent of the applicable maximum hourly tuition fee, up to the applicable maximum, less the minimum fee. Reimbursement payments will be made in the first quarter of 2011. 7.20. Income foregone on the basis of concessions granted under clause 2.7 of the 2009 Ministerial Directions about Fees Xxxx will not be reimbursed.