Common use of OBJECTIVES OF THIS VET FUNDING CONTRACT Clause in Contracts

OBJECTIVES OF THIS VET FUNDING CONTRACT. The objectives of the Parties in entering into this VET Funding Contract are that: Training Services subsidised through the Skills First Program will be of high quality and relevant to industry and employers; access to high quality courses and qualifications will be provided to Eligible Individuals so as to: enable Eligible Individuals to obtain the required skills to make them job-ready; assist Eligible Individuals to undertake further education; and/or promote/enable participation in training for disadvantaged learners; the Training Provider will provide Training Services in the best interests of Eligible Individuals; the Department is only liable to pay government subsidies through the Skills First Program in relation to Training Services that it is satisfied meet the requirements of this VET Funding Contract; and the Training Provider will maintain, and provide to the Department as required, all of the necessary information to satisfy the Department under sub-clause (d). The Training Provider acknowledges and agrees that: the performance of this VET Funding Contract imposes significantly more onerous obligations on the Training Provider than apply by virtue of its status as a registered training organisation, on the basis that it will seek government subsidisation of the Training Services as contemplated by this VET Funding Contract; it has carried out all relevant investigations to acquaint itself with the requirements of this VET Funding Contract; and it applied to participate in the Skills First Program on the basis that it will be able to comply with all of its obligations under this VET Funding Contract. Where there is ambiguity in the interpretation of this VET Funding Contract, the objectives in Clause 3.1 will be applied to aid in the resolution of the interpretation of this VET Funding Contract, provided that the objectives must not be applied to limit any of the Training Provider's obligations or the Department's rights or powers under this VET Funding Contract. The Training Provider must perform its obligations under this VET Funding Contract consistently with, and in a manner that promotes the achievement of, the objectives in Clause 3.1, except to the extent that such performance would limit or be inconsistent with any other obligation of the Training Provider under, any right or power of the Department under, or any other provision of, this VET Funding Contract. The Training Provider acknowledges and agrees that the Department may take account of the Training Provider’s performance under this VET Funding Contract (including as assessed through any audit, review or investigation) in any calendar year when considering future contractual arrangements with the Training Provider. GENERAL OBLIGATIONS OF TRAINING PROVIDER Maintain registration and standards The Training Provider must: as applicable to and for the Training Provider: maintain registration as a registered training organisation under the Act; or maintain registration as a registered training organisation under the National Act and maintain a principal place of business with a physical site in Victoria, unless otherwise agreed in writing by the Department; maintain at least one nationally recognised qualification for delivery on its scope of registration as referred to in paragraph (a); maintain and use AVETMISS compliant software for reporting purposes; deliver training within its Funded Scope: in accordance with the requirements of the accredited course or Training Package; having regard to course/qualification descriptions, pathways information, entry requirements and outcomes; and consistent with any applicable Victorian Purchasing Guides; and in compliance with Regulatory Standards as applicable. Comply with Laws The Training Provider must: provide the Training Services in compliance with the requirements of all Laws in any way affecting or applicable to the provision of the Training Services, including Laws relating to occupational health and safety and the Australian Consumer Law; comply with the requirements of, and pay all fees and bear all costs connected with all applicable Laws, including all relevant privacy, anti-discrimination and equal opportunity legislation, the Disability Act 2006 (Vic) and the Working With Children Act 2005 (Vic); comply with the requirements of the Charter and not act in a way that is incompatible with a human right protected by the Charter or when making a decision in relation to the performance of the Services, fail to give proper consideration to such a human right, as though it was a public authority within the meaning of section 4(c) of the Charter; and comply with the requirements of the Child Safe Standards as made under the Child Wellbeing and Safety Act 2005 (Vic). Comply with Department directions and policies The Training Provider must, in providing the Training Services and otherwise performing its obligations under this VET Funding Contract, comply with: the Quality Charter; and any other applicable directions, guidelines, policies or procedures issued by the Department and/or the State from time to time (including as set out in any Contract Notifications), whether or not expressly referred to in this VET Funding Contract. Act ethically The Training Provider must: demonstrate the highest ethical standards in its dealings and conduct in the provision of the Training Services and in otherwise performing its obligations under this VET Funding Contract; not do or omit to do anything which may damage, ridicule, bring into disrepute or be detrimental to the Department, the VET sector, the Skills First Program, the Victorian government subsidised training market, or the Department's or the State’s name or reputation; behave honestly and in a way that upholds the objectives and values of the Skills First Program; not behave in a manner that damages the public confidence in the integrity of the Skills First Program; be aware of the existence and requirements of, and comply with, all directions, policies, procedures and guidelines that are binding on the Training Provider under, or otherwise relate to the performance by the Training Provider of its obligations under, this VET Funding Contract; not make improper use of the position of trust placed in the Training Provider in the appropriate expenditure of substantial amounts of public moneys for VET; not harass, intimidate, threaten or seek to improperly influence the exercise of any powers or functions by any person exercising powers on behalf of the Department under this VET Funding Contract; not pay, provide or offer, either directly or indirectly, Incentives to undertake training subsidised through the Skills First Program, whether to any prospective student or to any other person (such as an employer or social organisation); and not engage, employ, contract or otherwise deal with any Disallowed Person. Be accountable The Training Provider must: at all times be accountable to the Department for its performance under this VET Funding Contract and demonstrate its compliance, or report its non-compliance, with the terms of this VET Funding Contract; ensure that it delivers a Volume of Learning in line with recommendations in the AQF; ensure that the Amount of Training is in accordance with Standard 1 of the National RTO Standards, and the Training Provider must justify and document any deviation when it occurs; upon request, demonstrate to the Department the appropriateness of training Duration and Intensity at any time and/or as part of any audit, review or investigation conducted under Clause 11; ensure that all persons employed or engaged by the Training Provider to provide the Training Services to Eligible Individuals are aware of all obligations under this VET Funding Contract as appropriate; unless this VET Funding Contract otherwise provides, provide the Training Services in respect of each Eligible Individual, and otherwise perform its obligations under this VET Funding Contract, at its own cost; use the Funds reasonably for the purpose of providing the Training Services to the relevant Eligible Individual to whom such Funds apply; ensure that appropriate compliance, reporting and auditing frameworks, controls and systems are in place, including the appropriate Segregation of Duties, with respect to the provision of the Training Services and receipt of the Funds from the Department; not, in providing the Training Services, do any act or undertake any process which would infringe an Intellectual Property right of the State or any other person or body; and participate in: any performance improvement initiatives as reasonably determined by the Department, including the introduction of performance targets to be met by the Training Provider over a reasonable time period; and the National Student Outcomes Survey managed by NCVER. The Training Provider acknowledges and agrees that the Department (or persons authorised by the Department) may from time to time contact persons in relation to whom the Training Provider has made a claim for Funds, for any reason the Department sees fit, including for any audit, review, investigation, monitoring, or evaluation, or to otherwise confirm and assess the Training Provider's compliance with and performance under this VET Funding Contract. Comply with Schedule 1 In performing the Training Services, the Training Provider must at all times comply with the requirements set out in Schedule 1, regardless of whether or not a particular clause of this VET Funding Contract refers to Schedule 1 in relation to any aspect of the Training Services. SCOPE AND PROVISION OF THE TRAINING SERVICES Provision of Training Services The Training Provider must deliver high quality Training Services in accordance with this VET Funding Contract. The Training Provider must: deliver student attraction activities, including marketing and advertising, in relation to any aspect of this VET Funding Contract in accordance with Clause 1 of Schedule 1; provide information to prospective students about course offerings, fees, support and the impact on the individual's Entitlement to Funded Training in accordance with Clauses 4.1 and 6 of Schedule 1; test any individual’s eligibility for training subsidised through the Skills First Program and any relevant concession or exemption/waiver of tuition fees in accordance with Clauses 2, 3 and 6 of Schedule 1 and the Guidelines about Determining Student Eligibility and Supporting Evidence; conduct Pre-Training Reviews in accordance with Clause 5 of Schedule 1; conduct enrolment processes required including in accordance with Clause 4 of Schedule 1; develop and document Training Plans in accordance with Clause 7 of Schedule 1; levy fees, including applying any concessions, exemptions or waivers, including in accordance with Clause 6 of Schedule 1; collect and maintain evidence relating to sub-clauses (a) to (g) above as required under this VET Funding Contract; make all reasonable efforts to work and communicate effectively with, and maintain the confidence of, all stakeholders affected by this VET Funding Contract, including maintaining strong links to industry; provide support to Eligible Individuals; and report data and other information to the Department including in accordance with Clause 12 of Schedule 1. Where training and/or assessment is provided to an Eligible Individual under this VET Funding Contract, the Eligible Individual must be physically present in the State of Victoria at all times at which they are undertaking the training and/or assessment. Notwithstanding the requirement in Clause 5.3 for an Eligible Individual to be physically present in the State of Victoria at all times at which they are undertaking the training and/or assessment, where an Eligible Individual is temporarily located interstate or overseas for a defined period as part of an industry or practical placement associated with their training, up to 50% of the total scheduled hours applying to the training and/or assessment in which the Eligible Individual is enrolled may be delivered online during the period the Eligible Individual is interstate or overseas. Funded Scope The Training Provider acknowledges and agrees that: the Training Provider's Funded Scope is as described in Schedule 2 from time to time; no courses or qualifications will be added to the Funded Scope during the Term, subject only to the Department conducting a process at a time and in a manner as the Department sees fit, which allows the Training Provider to apply for the Department's approval to increase its Funded Scope, taking into consideration issues such as labour market needs; and the Department may add or remove a course or qualification from the Training Provider’s Funded Scope or may otherwise alter Schedule 2 (including as result of conducting a process under Clause 5.5(b)).

OBJECTIVES OF THIS VET FUNDING CONTRACT. The objectives of the Parties in entering into this VET Funding Contract are that: Training Services subsidised through the Skills First Program will be of high quality and relevant to industry and employers; access to high quality courses and qualifications will be provided to Eligible Individuals so as to: enable Eligible Individuals to obtain the required skills to make them job-ready; assist Eligible Individuals to undertake further education; and/or promote/enable participation in training for disadvantaged learners; the Training Provider will provide Training Services in the best interests of Eligible Individuals; the Department is only liable to pay government subsidies through the Skills First Program in relation to Training Services that it is satisfied meet the requirements of this VET Funding Contract; and the Training Provider will maintain, and provide to the Department as required, all of the necessary information to satisfy the Department under sub-clause (d). The Training Provider acknowledges and agrees that: the performance of this VET Funding Contract imposes significantly more onerous obligations on the Training Provider than apply by virtue of its status as a registered training organisation, on the basis that it will seek government subsidisation of the Training Services as contemplated by this VET Funding Contract; it has carried out all relevant investigations to acquaint itself with the requirements of this VET Funding Contract; and it applied to participate in the Skills First Program on the basis that it will be able to comply with all of its obligations under this VET Funding Contract. Where there is ambiguity in the interpretation of this VET Funding Contract, the objectives in Clause 3.1 will be applied to aid in the resolution of the interpretation of this VET Funding Contract, provided that the objectives must not be applied to limit any of the Training Provider's obligations or the Department's rights or powers under this VET Funding Contract. The Training Provider must perform its obligations under this VET Funding Contract consistently with, and in a manner that promotes the achievement of, the objectives in Clause 3.1, except to the extent that such performance would limit or be inconsistent with any other obligation of the Training Provider under, any right or power of the Department under, or any other provision of, this VET Funding Contract. The Training Provider acknowledges and agrees that the Department may take account of the Training Provider’s performance under this VET Funding Contract (including as assessed through any audit, review or investigation) in any calendar year when considering future contractual arrangements with the Training Provider. GENERAL OBLIGATIONS OF TRAINING PROVIDER Maintain registration and standards The Training Provider must: as applicable to and for the Training Provider: maintain registration as a registered training organisation under the Act; or maintain registration as a registered training organisation under the National Act or an equivalent to the Act in another Australian State or Territory, as applicable to and maintain a principal place of business with a physical site in Victoria, unless otherwise agreed in writing by for the DepartmentTraining Provider; maintain at least one nationally recognised qualification for delivery on its scope of registration as referred to in paragraph (a); maintain and use AVETMISS compliant software for reporting purposes; deliver training within its Funded Scope: in accordance with the requirements of the accredited course or Training Package; having regard to course/qualification descriptions, pathways information, entry requirements and outcomes; and consistent with any applicable Victorian Purchasing Guides; and in compliance with Regulatory Standards as applicable. Comply with Laws The Training Provider must: provide the Training Services in compliance with the requirements of all Laws in any way affecting or applicable to the provision of the Training Services, including Laws relating to occupational health and safety and the Australian Consumer Law; comply with the requirements of, and pay all fees and bear all costs connected with all applicable Laws, including all relevant privacy, anti-discrimination and equal opportunity legislation, the Disability Act 2006 (Vic) and the Working With Children Act 2005 (Vic); comply with the requirements of the Charter and not act in a way that is incompatible with a human right protected by the Charter or when making a decision in relation to the performance of the Services, fail to give proper consideration to such a human right, as though it was a public authority within the meaning of section 4(c) of the Charter; and comply with the requirements of the Child Safe Standards as made under the Child Wellbeing and Safety Act 2005 (Vic). Comply with Department directions and policies The Training Provider must, in providing the Training Services and otherwise performing its obligations under this VET Funding Contract, comply with: the Quality Charter; and any other applicable directions, guidelines, policies or procedures issued by the Department and/or the State from time to time (including as set out in any Contract Notifications), whether or not expressly referred to in this VET Funding Contract. Act ethically The Training Provider must: demonstrate the highest ethical standards in its dealings and conduct in the provision of the Training Services and in otherwise performing its obligations under this VET Funding Contract; not do or omit to do anything which may damage, ridicule, bring into disrepute or be detrimental to the Department, the VET sector, the Skills First Program, the Victorian government subsidised training market, or the Department's or the State’s name or reputation; behave honestly and in a way that upholds the objectives and values of the Skills First Program; not behave in a manner that damages the public confidence in the integrity of the Skills First Program; be aware of the existence and requirements of, and comply with, all directions, policies, procedures and guidelines that are binding on the Training Provider under, or otherwise relate to the performance by the Training Provider of its obligations under, this VET Funding Contract; not make improper use of the position of trust placed in the Training Provider in the appropriate expenditure of substantial amounts of public moneys for VET; not harass, intimidate, threaten or seek to improperly influence the exercise of any powers or functions by any person exercising powers on behalf of the Department under this VET Funding Contract; not pay, provide or offer, either directly or indirectly, Incentives to undertake training subsidised through the Skills First Program, whether to any prospective student or to any other person (such as an employer or social organisation); and not engage, employ, contract or otherwise deal with any Disallowed Person. Be accountable The Training Provider must: at all times be accountable to the Department for its performance under this VET Funding Contract and demonstrate its compliance, or report its non-compliance, with the terms of this VET Funding Contract; ensure that it delivers a Volume of Learning in line with recommendations in the AQF; ensure that the Amount of Training is in accordance with Standard 1 of the National RTO Standards, and the Training Provider must justify and document any deviation when it occurs; upon request, demonstrate to the Department the appropriateness of training Duration and Intensity at any time and/or as part of any audit, review or investigation conducted under Clause 11; ensure that all persons employed or engaged by the Training Provider to provide the Training Services to Eligible Individuals are aware of all obligations under this VET Funding Contract as appropriate; unless this VET Funding Contract otherwise provides, provide the Training Services in respect of each Eligible Individual, and otherwise perform its obligations under this VET Funding Contract, at its own cost; use the Funds reasonably for the purpose of providing the Training Services to the relevant Eligible Individual to whom such Funds apply; ensure that appropriate compliance, reporting and auditing frameworks, controls and systems are in place, including the appropriate Segregation of Duties, with respect to the provision of the Training Services and receipt of the Funds from the Department; not, in providing the Training Services, do any act or undertake any process which would infringe an Intellectual Property right of the State or any other person or body; and participate in: any performance improvement initiatives as reasonably determined by the Department, including the introduction of performance targets to be met by the Training Provider over a reasonable time period; and the National Student Outcomes Survey managed by NCVER. The Training Provider acknowledges and agrees that the Department (or persons authorised by the Department) may from time to time contact persons in relation to whom the Training Provider has made a claim for Funds, for any reason the Department sees fit, including for any audit, review, investigation, monitoring, or evaluation, or to otherwise confirm and assess the Training Provider's compliance with and performance under this VET Funding Contract. Arrangements with National Enterprises The Training Provider must: have in place at all times during the Term a legally binding agreement with each National Enterprise for a term comprising or including the 2018 and 2019 calendar years under which: over each of the 2018 and 2019 calendar years, the Training Provider will deliver accredited training to: at least 50 Victorian Employees of that National Enterprise per calendar year; and at least 50 employees of that National Enterprise in Australian States or Territories other than Victoria per calendar year; and the National Enterprise agrees that the Department may contact the National Enterprise at any time and the National Enterprise must verify the details of the legally binding agreement, including confirmation of the number of employees identified to be trained by the Training Provider in Victoria and in any other Australian jurisdiction; notify the Department if any agreement relevant to Clause 4.7(a) is suspended, cancelled, terminated, expired or is otherwise no longer in effect, within two weeks after that suspension, cancellation, termination, expiry or ceasing to be in effect; not take any new enrolments under this VET Funding Contract for Victorian Employees of the relevant National Enterprise where the agreement with that National Enterprise referred to in Clause 4.7(a) is suspended, cancelled, terminated, expires or is otherwise no longer in effect; and ensure that the quantum of accredited training delivered under each agreement referred to in Clause 4.7(a) meets the requirements set out in Clause 4.7(a)(i). Comply with Schedule 1 In performing the Training Services, the Training Provider must at all times comply with the requirements set out in Schedule 1, regardless of whether or not a particular clause of this VET Funding Contract refers to Schedule 1 in relation to any aspect of the Training Services. SCOPE AND PROVISION OF THE TRAINING SERVICES Provision of Training Services The Training Provider must deliver high quality Training Services in accordance with this VET Funding Contract. The Training Provider must: deliver student attraction activities, including marketing and advertising, in relation to any aspect of this VET Funding Contract in accordance with Clause 1 of Schedule 1; provide information to prospective students about course offerings, fees, support and the impact on the individual's Entitlement to Funded Training in accordance with Clauses 4.1 and 6 of Schedule 1; test any individual’s eligibility for training subsidised through the Skills First Program and any relevant concession or exemption/waiver of tuition fees in accordance with Clauses 2, 3 and 6 of Schedule 1 and the Guidelines about Determining Student Eligibility and Supporting Evidence; conduct Pre-Training Reviews in accordance with Clause 5 of Schedule 1; conduct enrolment processes required including in accordance with Clause 4 of Schedule 1; develop and document Training Plans in accordance with Clause 7 of Schedule 1; levy fees, including applying any concessions, exemptions or waivers, including in accordance with Clause 6 of Schedule 1; collect and maintain evidence relating to sub-clauses (a) to (g) above as required under this VET Funding Contract; make all reasonable efforts to work and communicate effectively with, and maintain the confidence of, all stakeholders affected by this VET Funding Contract, including maintaining strong links to industry; provide support to Eligible Individuals; and report data and other information to the Department including in accordance with Clause 12 of Schedule 1. Where training and/or assessment is provided to an Eligible Individual under this VET Funding Contract, the Eligible Individual must be physically present in the State of Victoria at all times at which they are undertaking the training and/or assessment. Notwithstanding the requirement in Clause 5.3 for an Eligible Individual to be physically present in the State of Victoria at all times at which they are undertaking the training and/or assessment, where an Eligible Individual is temporarily located interstate or overseas for a defined period as part of an industry or practical placement associated with their training, up to 50% of the total scheduled hours applying to the training and/or assessment in which the Eligible Individual is enrolled may be delivered online during the period the Eligible Individual is interstate or overseas. Funded Scope The Training Provider acknowledges and agrees that: the Training Provider's Funded Scope is as described in Schedule 2 from time to time; no courses or qualifications will be added to the Funded Scope during the Term, subject only to the Department conducting a process at a time and in a manner as the Department sees fit, which allows the Training Provider to apply for the Department's approval to increase its Funded Scope, taking into consideration issues such as labour market needs; and the Department may add or remove a course or qualification from the Training Provider’s Funded Scope or may otherwise alter Schedule 2 (including as result of conducting a process under Clause 5.5(b)).

OBJECTIVES OF THIS VET FUNDING CONTRACT. The objectives of the Parties in entering into this VET Funding Contract are that: Training Services subsidised through the Skills First Program will be of high quality and relevant to industry and employers; access to high quality courses and qualifications will be provided to Eligible Individuals so as to: enable Eligible Individuals to obtain the required skills to make them job-ready; assist Eligible Individuals to undertake further education; and/or promote/enable participation in training for disadvantaged learners; the Training Provider will provide Training Services in the best interests of Eligible Individuals; the Department is only liable to pay government subsidies through the Skills First Program in relation to Training Services that it is satisfied meet the requirements of this VET Funding Contract; and the Training Provider will maintain, and provide to the Department as required, all of the necessary information to satisfy the Department under sub-clause (d). The Training Provider acknowledges and agrees that: the performance of this VET Funding Contract imposes significantly more onerous obligations on the Training Provider than apply by virtue of its status as a registered training organisation, on the basis that it will seek government subsidisation of the Training Services as contemplated by this VET Funding Contract; it has carried out all relevant investigations to acquaint itself with the requirements of this VET Funding Contract; and it applied to participate in the Skills First Program on the basis that it will be able to comply with all of its obligations under this VET Funding Contract. Where there is ambiguity in the interpretation of this VET Funding Contract, the objectives in Clause 3.1 will be applied to aid in the resolution of the interpretation of this VET Funding Contract, provided that the objectives must not be applied to limit any of the Training Provider's obligations or the Department's rights or powers under this VET Funding Contract. The Training Provider must perform its obligations under this VET Funding Contract consistently with, and in a manner that promotes the achievement of, the objectives in Clause 3.1, except to the extent that such performance would limit or be inconsistent with any other obligation of the Training Provider under, any right or power of the Department under, or any other provision of, this VET Funding Contract. The Training Provider acknowledges and agrees that the Department may take account of the Training Provider’s performance under this VET Funding Contract (including as assessed through any audit, review or investigation) in any calendar year when considering future contractual arrangements with the Training Provider. GENERAL OBLIGATIONS OF TRAINING PROVIDER Maintain registration and standards The Training Provider must: as applicable to and for the Training Provider: maintain registration as a registered training organisation under the Act; or maintain registration as a registered training organisation under the National Act and maintain a principal place of business with a physical site in Victoria, unless otherwise agreed in writing by the Department; maintain at least one nationally recognised qualification for delivery on its scope of registration as referred to in paragraph (a); maintain and use AVETMISS compliant software for reporting purposes; deliver training within its Funded Scope: in accordance with the requirements of the accredited course or Training Package; having regard to course/qualification descriptions, pathways information, entry requirements and outcomes; and consistent with any applicable Victorian Purchasing Guides; and in compliance with Regulatory Standards as applicable. Comply with Laws The Training Provider must: provide the Training Services in compliance with the requirements of all Laws in any way affecting or applicable to the provision of the Training Services, including Laws relating to occupational health and safety and the Australian Consumer Law; comply with the requirements of, and pay all fees and bear all costs connected with all applicable Laws, including all relevant privacy, anti-discrimination and equal opportunity legislation, the Disability Act 2006 (Vic) and the Working With Children Act 2005 (Vic); comply with the requirements of the Charter and not act in a way that is incompatible with a human right protected by the Charter or when making a decision in relation to the performance of the Services, fail to give proper consideration to such a human right, as though it was a public authority within the meaning of section 4(c) of the Charter; and comply with the requirements of the Child Safe Standards as made under the Child Wellbeing and Safety Act 2005 (Vic). Comply with Department directions and policies The Training Provider must, in providing the Training Services and otherwise performing its obligations under this VET Funding Contract, comply with: the Quality Charter; and any other applicable directions, guidelines, policies or procedures issued by the Department and/or the State from time to time (including as set out in any Contract Notifications), whether or not expressly referred to in this VET Funding Contract. Act ethically The Training Provider must: demonstrate the highest ethical standards in its dealings and conduct in the provision of the Training Services and in otherwise performing its obligations under this VET Funding Contract; not do or omit to do anything which may damage, ridicule, bring into disrepute or be detrimental to the Department, the VET sector, the Skills First Program, the Victorian government subsidised training market, or the Department's or the State’s name or reputation; behave honestly and in a way that upholds the objectives and values of the Skills First Program; not behave in a manner that damages the public confidence in the integrity of the Skills First Program; be aware of the existence and requirements of, and comply with, all directions, policies, procedures and guidelines that are binding on the Training Provider under, or otherwise relate to the performance by the Training Provider of its obligations under, this VET Funding Contract; not make improper use of the position of trust placed in the Training Provider in the appropriate expenditure of substantial amounts of public moneys for VET; not harass, intimidate, threaten or seek to improperly influence the exercise of any powers or functions by any person exercising powers on behalf of the Department under this VET Funding Contract; not pay, provide or offer, either directly or indirectly, Incentives to undertake training subsidised through the Skills First Program, whether to any prospective student or to any other person (such as an employer or social organisation); and not engage, employ, contract or otherwise deal with any Disallowed Person. Be accountable The Training Provider must: at all times be accountable to the Department for its performance under this VET Funding Contract and demonstrate its compliance, or report its non-compliance, with the terms of this VET Funding Contract; ensure that it delivers a Volume of Learning in line with recommendations in the AQF; ensure that the Amount of Training is in accordance with Standard 1 of the National RTO Standards, and the Training Provider must justify and document any deviation when it occurs; upon request, demonstrate to the Department the appropriateness of training Duration and Intensity at any time and/or as part of any audit, review or investigation conducted under Clause 11; ensure that all persons employed or engaged by the Training Provider to provide the Training Services to Eligible Individuals are aware of all obligations under this VET Funding Contract as appropriate; unless this VET Funding Contract otherwise provides, provide the Training Services in respect of each Eligible Individual, and otherwise perform its obligations under this VET Funding Contract, at its own cost; use the Funds reasonably for the purpose of providing the Training Services to the relevant Eligible Individual to whom such Funds apply; ensure that appropriate compliance, reporting and auditing frameworks, controls and systems are in place, including the appropriate Segregation of Duties, with respect to the provision of the Training Services and receipt of the Funds from the Department; not, in providing the Training Services, do any act or undertake any process which would infringe an Intellectual Property right of the State or any other person or body; and participate in: any performance improvement initiatives as reasonably determined by the Department, including the introduction of performance targets to be met by the Training Provider over a reasonable time period; and the National Student Outcomes Survey managed by NCVER. The Training Provider acknowledges and agrees that the Department (or persons authorised by the Department) may from time to time contact persons in relation to whom the Training Provider has made a claim for Funds, for any reason the Department sees fit, including for any audit, review, investigation, monitoring, or evaluation, or to otherwise confirm and assess the Training Provider's compliance with and performance under this VET Funding Contract. Comply with Schedule 1 In performing the Training Services, the Training Provider must at all times comply with the requirements set out in Schedule 1, regardless of whether or not a particular clause of this VET Funding Contract refers to Schedule 1 in relation to any aspect of the Training Services. SCOPE AND PROVISION OF THE TRAINING SERVICES Provision of Training Services The Training Provider must deliver high quality Training Services in accordance with this VET Funding Contract. The Training Provider must: deliver student attraction activities, including marketing and advertising, in relation to any aspect of this VET Funding Contract in accordance with Clause 1 of Schedule 1; provide information to prospective students about course offerings, fees, support and the impact on the individual's Entitlement to Funded Training in accordance with Clauses 4.1 and 6 of Schedule 1; test any individual’s eligibility for training subsidised through the Skills First Program and any relevant concession or exemption/waiver of tuition fees in accordance with Clauses 2, 3 and 6 of Schedule 1 and the Guidelines about Determining Student Eligibility and Supporting Evidence; conduct Pre-Training Reviews in accordance with Clause 5 of Schedule 1; conduct enrolment processes required including in accordance with Clause 4 of Schedule 1; develop and document Training Plans in accordance with Clause 7 of Schedule 1; levy fees, including applying any concessions, exemptions or waivers, including in accordance with Clause 6 of Schedule 1; collect and maintain evidence relating to sub-clauses (a) to (g) above as required under this VET Funding Contract; make all reasonable efforts to work and communicate effectively with, and maintain the confidence of, all stakeholders affected by this VET Funding Contract, including maintaining strong links to industry; provide support to Eligible Individuals; and report data and other information to the Department including in accordance with Clause 12 of Schedule 1. Where training and/or assessment is provided to an Eligible Individual under this VET Funding Contract, the Eligible Individual must be physically present in the State of Victoria at all times at which they are undertaking the training and/or assessment. Notwithstanding the requirement in Clause 5.3 for an Eligible Individual to be physically present in the State of Victoria at all times at which they are undertaking the training and/or assessment, where an Eligible Individual is temporarily located interstate or overseas for a defined period as part of an industry or practical placement associated with their training, up to 50% of the total scheduled hours applying to the training and/or assessment in which the Eligible Individual is enrolled may be delivered online during the period the Eligible Individual is interstate or overseas. Funded Scope The Training Provider acknowledges and agrees that: a course or qualification will be automatically added to the Training Provider's Funded Scope if that course or qualification is as described in Schedule 2 from time to time; no courses or qualifications will be added to the Funded Scope during the TermTraining Provider's scope of registration as a registered training organisation, subject only to the Department conducting a process at a time and in a manner as the Department sees fit, which allows the Training Provider to apply for provided that (unless otherwise agreed by the Department's approval to increase its ) the course or qualification is listed on the Funded Scope, taking into consideration issues such as labour market needsCourse Report; and the Department may add or remove a course or qualification from the Training Provider’s Funded Scope or may otherwise alter Schedule 2 (including as result 2. Delivery of conducting Training Services to Eligible Individuals that meet characteristics defined by the Department The Training Provider acknowledges and agrees that: to deliver Training Services to Eligible Individuals that meet characteristics defined by the Department, the Training Provider may be required to participate in a capability or quality assurance process under determined by the Department; and without limiting Clause 5.5(b), if the Training Provider does not participate in a process advised under Clause 5.6(a) or does not meet the required standard, the Department may, by giving Notice to the Training Provider, remove relevant courses from the Training Provider’s Funded Scope and/or direct the Training Provider to cease enrolments in respect of Eligible Individuals that meet characteristics defined by the Department. Foundation Skills Approved Provider List The Training Provider acknowledges and agrees that: in order to receive Funds in respect of Eligible Individuals undertaking courses/qualifications from the Foundation Skills List (except Literacy and Numeracy Support Units), the Training Provider must be on the Foundation Skills Approved Provider List and have the relevant approval(s) to provide that course or qualification; and the Department may add or remove the Training Provider from the Foundation Skills Approved Provider List, and/or vary the Training Provider’s approvals on the Foundation Skills Approved Provider List, at any time by giving Notice to the Training Provider.

OBJECTIVES OF THIS VET FUNDING CONTRACT. The objectives of the Parties in entering into this VET Funding Contract are that: Training Services subsidised through the Skills First Program will be of high quality and relevant to industry and employers; access to high quality courses and qualifications will be provided to Eligible Individuals so as to: enable Eligible Individuals to obtain the required skills to make them job-ready; assist Eligible Individuals to undertake further education; and/or promote/enable participation in training for disadvantaged learners; the Training Provider will provide Training Services in the best interests of Eligible Individuals; the Department is only liable to pay government subsidies through the Skills First Program in relation to Training Services that it is satisfied meet the requirements of this VET Funding Contract; and the Training Provider will maintain, and provide to the Department as required, all of the necessary information to satisfy the Department under sub-clause (d). The Training Provider acknowledges and agrees that: the performance of this VET Funding Contract imposes significantly more onerous obligations on the Training Provider than apply by virtue of its status as a registered training organisation, on the basis that it will seek government subsidisation of the Training Services as contemplated by this VET Funding Contract; it has carried out all relevant investigations to acquaint itself with the requirements of this VET Funding Contract; and it applied to participate in the Skills First Program on the basis that it will be able to comply with all of its obligations under this VET Funding Contract. Where there is ambiguity in the interpretation of this VET Funding Contract, the objectives in Clause 3.1 will be applied to aid in the resolution of the interpretation of this VET Funding Contract, provided that the objectives must not be applied to limit any of the Training Provider's obligations or the Department's rights or powers under this VET Funding Contract. The Training Provider must perform its obligations under this VET Funding Contract consistently with, and in a manner that promotes the achievement of, the objectives in Clause 3.1, except to the extent that such performance would limit or be inconsistent with any other obligation of the Training Provider under, any right or power of the Department under, or any other provision of, this VET Funding Contract. The Training Provider acknowledges and agrees that the Department may take account of the Training Provider’s performance under this VET Funding Contract (including as assessed through any audit, review or investigation) in any calendar year when considering future contractual arrangements with the Training Provider. GENERAL OBLIGATIONS OF TRAINING PROVIDER Maintain registration and standards The Training Provider must: as applicable to and for the Training Provider: maintain registration as a registered training organisation under the Act; or maintain registration as a registered training organisation under the National Act and maintain a principal place of business with a physical site in Victoria, unless otherwise agreed in writing by the Department; maintain at least one nationally recognised qualification for delivery on its scope of registration as referred to in paragraph (a); maintain and use AVETMISS compliant software for reporting purposes; deliver training within its Funded Scope: in accordance with the requirements of the accredited course or Training Package; having regard to course/qualification descriptions, pathways information, entry requirements and outcomes; and consistent with any applicable Victorian Purchasing Guides; and in compliance with Regulatory Standards as applicable. Comply with Laws The Training Provider must: provide the Training Services in compliance with the requirements of all Laws in any way affecting or applicable to the provision of the Training Services, including Laws relating to occupational health and safety and the Australian Consumer Law; comply with the requirements of, and pay all fees and bear all costs connected with all applicable Laws, including all relevant privacy, anti-discrimination and equal opportunity legislation, the Disability Act 2006 (Vic) and the Working With Children Act 2005 (Vic); comply with the requirements of the Charter and not act in a way that is incompatible with a human right protected by the Charter or when making a decision in relation to the performance of the Services, fail to give proper consideration to such a human right, as though it was a public authority within the meaning of section 4(c) of the Charter; and comply with the requirements of the Child Safe Standards as made under the Child Wellbeing and Safety Act 2005 (Vic). Comply with Department directions and policies The Training Provider must, in providing the Training Services and otherwise performing its obligations under this VET Funding Contract, comply with: the Quality Charter; and any other applicable directions, guidelines, policies or procedures issued by the Department and/or the State from time to time (including as set out in any Contract Notifications), whether or not expressly referred to in this VET Funding Contract. Act ethically The Training Provider must: demonstrate the highest ethical standards in its dealings and conduct in the provision of the Training Services and in otherwise performing its obligations under this VET Funding Contract; not do or omit to do anything which may damage, ridicule, bring into disrepute or be detrimental to the Department, the VET sector, the Skills First Program, the Victorian government subsidised training market, or the Department's or the State’s name or reputation; behave honestly and in a way that upholds the objectives and values of the Skills First Program; not behave in a manner that damages the public confidence in the integrity of the Skills First Program; be aware of the existence and requirements of, and comply with, all directions, policies, procedures and guidelines that are binding on the Training Provider under, or otherwise relate to the performance by the Training Provider of its obligations under, this VET Funding Contract; not make improper use of the position of trust placed in the Training Provider in the appropriate expenditure of substantial amounts of public moneys for VET; not harass, intimidate, threaten or seek to improperly influence the exercise of any powers or functions by any person exercising powers on behalf of the Department under this VET Funding Contract; not pay, provide or offer, either directly or indirectly, Incentives to undertake training subsidised through the Skills First Program, whether to any prospective student or to any other person (such as an employer or social organisation); and not engage, employ, contract or otherwise deal with any Disallowed Person. Be accountable The Training Provider must: at all times be accountable to the Department for its performance under this VET Funding Contract and demonstrate its compliance, or report its non-compliance, with the terms of this VET Funding Contract; ensure that it delivers a Volume of Learning in line with recommendations in the AQF; ensure that the Amount of Training is in accordance with Standard 1 of the National RTO Standards, and the Training Provider must justify and document any deviation when it occurs; upon request, demonstrate to the Department the appropriateness of training Duration and Intensity at any time and/or as part of any audit, review or investigation conducted under Clause 11; ensure that all persons employed or engaged by the Training Provider to provide the Training Services to Eligible Individuals are aware of all obligations under this VET Funding Contract as appropriate; unless this VET Funding Contract otherwise provides, provide the Training Services in respect of each Eligible Individual, and otherwise perform its obligations under this VET Funding Contract, at its own cost; use the Funds reasonably for the purpose of providing the Training Services to the relevant Eligible Individual to whom such Funds apply; ensure that appropriate compliance, reporting and auditing frameworks, controls and systems are in place, including the appropriate Segregation of Duties, with respect to the provision of the Training Services and receipt of the Funds from the Department; not, in providing the Training Services, do any act or undertake any process which would infringe an Intellectual Property right of the State or any other person or body; and participate in: any performance improvement initiatives as reasonably determined by the Department, including the introduction of performance targets to be met by the Training Provider over a reasonable time period; and the National Student Outcomes Survey managed by NCVER. The Training Provider acknowledges and agrees that the Department (or persons authorised by the Department) may from time to time contact persons in relation to whom the Training Provider has made a claim for Funds, for any reason the Department sees fit, including for any audit, review, investigation, monitoring, or evaluation, or to otherwise confirm and assess the Training Provider's compliance with and performance under this VET Funding Contract. Comply with Schedule 1 In performing the Training Services, the Training Provider must at all times comply with the requirements set out in Schedule 1, regardless of whether or not a particular clause of this VET Funding Contract refers to Schedule 1 in relation to any aspect of the Training Services. SCOPE AND PROVISION OF THE TRAINING SERVICES Provision of Training Services The Training Provider must deliver high quality Training Services in accordance with this VET Funding Contract. The Training Provider must: deliver student attraction activities, including marketing and advertising, in relation to any aspect of this VET Funding Contract in accordance with Clause 1 of Schedule 1; provide information to prospective students about course offerings, fees, support and the impact on the individual's Entitlement to Funded Training in accordance with Clauses 4.1 and 6 of Schedule 1; test any individual’s eligibility for training subsidised through the Skills First Program and any relevant concession or exemption/waiver of tuition fees in accordance with Clauses 2, 3 and 6 of Schedule 1 and the Guidelines about Determining Student Eligibility and Supporting Evidence; conduct Pre-Training Reviews in accordance with Clause 5 of Schedule 1; conduct enrolment processes required including in accordance with Clause 4 of Schedule 1; develop and document Training Plans in accordance with Clause 7 of Schedule 1; levy fees, including applying any concessions, exemptions or waivers, including in accordance with Clause 6 of Schedule 1; collect and maintain evidence relating to sub-clauses (a) to (g) above as required under this VET Funding Contract; make all reasonable efforts to work and communicate effectively with, and maintain the confidence of, all stakeholders affected by this VET Funding Contract, including maintaining strong links to industry; provide support to Eligible Individuals; and report data and other information to the Department including in accordance with Clause 12 of Schedule 1. Where training and/or assessment is provided to an Eligible Individual under this VET Funding Contract, the Eligible Individual must be physically present in the State of Victoria at all times at which they are undertaking the training and/or assessment. Notwithstanding the requirement in Clause 5.3 for an Eligible Individual to be physically present in the State of Victoria at all times at which they are undertaking the training and/or assessment, where an Eligible Individual is temporarily located interstate or overseas for a defined period as part of an industry or practical placement associated with their training, up to 50% of the total scheduled hours applying to the training and/or assessment in which the Eligible Individual is enrolled may be delivered online during the period the Eligible Individual is interstate or overseas. Funded Scope The Training Provider acknowledges and agrees that: a course or qualification will be automatically added to the Training Provider's Funded Scope if that course or qualification is as described in Schedule 2 from time to time; no courses or qualifications will be added to the Funded Scope during the TermTraining Provider's scope of registration as a registered training organisation, subject only to the Department conducting a process at a time and in a manner as the Department sees fit, which allows the Training Provider to apply for provided that (unless otherwise agreed by the Department's approval to increase its ) the course or qualification is listed on the Funded Scope, taking into consideration issues such as labour market needsCourse Report; and the Department may add or remove a course or qualification from the Training Provider’s Funded Scope or may otherwise alter Schedule 2 (including as result of conducting a process under Clause 5.5(b))the Training Provider’s Funded Scope.

OBJECTIVES OF THIS VET FUNDING CONTRACT. The objectives of the Parties in entering into this VET Funding Contract are that: Training Services subsidised through the Skills First Program will be of high quality and relevant to industry and employers; access to high quality courses and qualifications will be provided to Eligible Individuals so as to: enable Eligible Individuals to obtain the required skills to make them job-ready; assist Eligible Individuals to undertake further education; and/or promote/enable participation in training for disadvantaged learners; the Training Provider will provide Training Services in the best interests of Eligible Individuals; the Department is only liable to pay government subsidies through the Skills First Program in relation to Training Services that it is satisfied meet the requirements of this VET Funding Contract; and the Training Provider will maintain, and provide to the Department as required, all of the necessary information to satisfy the Department under sub-clause (d). The Training Provider acknowledges and agrees that: the performance of this VET Funding Contract imposes significantly more onerous obligations on the Training Provider than apply by virtue of its status as a registered training organisation, on the basis that it will seek government subsidisation of the Training Services as contemplated by this VET Funding Contract; it has carried out all relevant investigations to acquaint itself with the requirements of this VET Funding Contract; and it applied to participate in the Skills First Program on the basis that it will be able to comply with all of its obligations under this VET Funding Contract. Where there is ambiguity in the interpretation of this VET Funding Contract, the objectives in Clause 3.1 will be applied to aid in the resolution of the interpretation of this VET Funding Contract, provided that the objectives must not be applied to limit any of the Training Provider's obligations or the Department's rights or powers under this VET Funding Contract. The Training Provider must perform its obligations under this VET Funding Contract consistently with, and in a manner that promotes the achievement of, the objectives in Clause 3.1, except to the extent that such performance would limit or be inconsistent with any other obligation of the Training Provider under, any right or power of the Department under, or any other provision of, this VET Funding Contract. The Training Provider acknowledges and agrees that the Department may take account of the Training Provider’s performance under this VET Funding Contract (including as assessed through any audit, review or investigation) in any calendar year when considering future contractual arrangements with the Training Provider. GENERAL OBLIGATIONS OF TRAINING PROVIDER Maintain registration and standards The Training Provider must: as applicable to and for the Training Provider: maintain registration as a registered training organisation under the Act; or maintain registration as a registered training organisation under the National Act and maintain a principal place of business with a physical site in Victoria, unless otherwise agreed in writing by the Department; maintain at least one nationally recognised qualification for delivery on its scope of registration as referred to in paragraph (a); maintain and use AVETMISS compliant software for reporting purposes; deliver training within its Funded Scope: in accordance with the requirements of the accredited course or Training Package; having regard to course/qualification descriptions, pathways information, entry requirements and outcomes; and consistent with any applicable Victorian Purchasing Guides; and in compliance with Regulatory Standards as applicable. Comply with Laws The Training Provider must: provide the Training Services in compliance with the requirements of all Laws in any way affecting or applicable to the provision of the Training Services, including Laws relating to occupational health and safety and the Australian Consumer Law; comply with the requirements of, and pay all fees and bear all costs connected with all applicable Laws, including all relevant privacy, anti-discrimination and equal opportunity legislation, the Disability Act 2006 (Vic) and the Working With Children Act 2005 (Vic); comply with the requirements of the Charter and not act in a way that is incompatible with a human right protected by the Charter or when making a decision in relation to the performance of the Services, fail to give proper consideration to such a human right, as though it was a public authority within the meaning of section 4(c) of the Charter; and comply with the requirements of the Child Safe Standards as made under the Child Wellbeing and Safety Act 2005 (Vic). Comply with Department directions and policies The Training Provider must, in providing the Training Services and otherwise performing its obligations under this VET Funding Contract, comply with: the Quality Charter; and any other applicable directions, guidelines, policies or procedures issued by the Department and/or the State from time to time (including as set out in any Contract Notifications), whether or not expressly referred to in this VET Funding Contract. Act ethically The Training Provider must: demonstrate the highest ethical standards in its dealings and conduct in the provision of the Training Services and in otherwise performing its obligations under this VET Funding Contract; not do or omit to do anything which may damage, ridicule, bring into disrepute or be detrimental to the Department, the VET sector, the Skills First Program, the Victorian government subsidised training market, or the Department's or the State’s name or reputation; behave honestly and in a way that upholds the objectives and values of the Skills First Program; not behave in a manner that damages the public confidence in the integrity of the Skills First Program; be aware of the existence and requirements of, and comply with, all directions, policies, procedures and guidelines that are binding on the Training Provider under, or otherwise relate to the performance by the Training Provider of its obligations under, this VET Funding Contract; not make improper use of the position of trust placed in the Training Provider in the appropriate expenditure of substantial amounts of public moneys for VET; not harass, intimidate, threaten or seek to improperly influence the exercise of any powers or functions by any person exercising powers on behalf of the Department under this VET Funding Contract; not pay, provide or offer, either directly or indirectly, Incentives to undertake training subsidised through the Skills First Program, whether to any prospective student or to any other person (such as an employer or social organisation); and not engage, employ, contract or otherwise deal with any Disallowed Person. Be accountable The Training Provider must: at all times be accountable to the Department for its performance under this VET Funding Contract and demonstrate its compliance, or report its non-compliance, with the terms of this VET Funding Contract; ensure that it delivers a Volume of Learning in line with recommendations in the AQF, or that it otherwise justifies and documents any deviation when it occurs in accordance with Clause 5.8 of Schedule 1; ensure that the Amount amount of Training training is determined with reference to the matters described in accordance with Clause 1.1 and 1.2 of Standard 1 of the National RTO Standards, and the Training Provider must justify and document any deviation when it occurs; upon request, demonstrate to the Department the appropriateness of training Duration and Intensity at any time and/or as part of any audit, review or investigation conducted under Clause 11; ensure that all persons employed or engaged by the Training Provider to provide the Training Services to Eligible Individuals are aware of all obligations under this VET Funding Contract as appropriate; unless this VET Funding Contract otherwise provides, provide the Training Services in respect of each Eligible Individual, and otherwise perform its obligations under this VET Funding Contract, at its own cost; use the Funds reasonably for the purpose of providing the Training Services to the relevant Eligible Individual to whom such Funds apply; ensure that appropriate compliance, reporting and auditing frameworks, controls and systems are in place, including the appropriate Segregation of Duties, with respect to the provision of the Training Services and receipt of the Funds from the Department; not, in providing the Training Services, do any act or undertake any process which would infringe an Intellectual Property right of the State or any other person or body; and participate in: any performance improvement initiatives as reasonably determined by the Department, including the introduction of performance targets to be met by the Training Provider over a reasonable time period; and the National Student Outcomes Survey managed by NCVER. The Training Provider acknowledges and agrees that the Department (or persons authorised by the Department) may from time to time contact persons in relation to whom the Training Provider has made a claim for Funds, for any reason the Department sees fit, including for any audit, review, investigation, monitoring, or evaluation, or to otherwise confirm and assess the Training Provider's compliance with and performance under this VET Funding Contract. Comply with Schedule 1 In performing the Training Services, the Training Provider must at all times comply with the requirements set out in Schedule 1, regardless of whether or not a particular clause of this VET Funding Contract refers to Schedule 1 in relation to any aspect of the Training Services. SCOPE AND PROVISION OF THE TRAINING SERVICES Provision of Training Services The Training Provider must deliver high quality Training Services in accordance with this VET Funding Contract. The Training Provider must: deliver student attraction activities, including marketing and advertising, in relation to any aspect of this VET Funding Contract in accordance with Clause 1 of Schedule 1; provide information to prospective students about course offerings, fees, support and the impact on the individual's Entitlement to Funded Training in accordance with Clauses 4.1 and 6 of Schedule 1; test any individual’s eligibility for training subsidised through the Skills First Program and any relevant concession or exemption/waiver of tuition fees in accordance with Clauses 2, 3 and 6 of Schedule 1 and the Guidelines about Determining Student Eligibility and Supporting Evidence; conduct Pre-Training Reviews in accordance with Clause 5 of Schedule 1; conduct enrolment processes required including in accordance with Clause 4 of Schedule 1; develop and document Training Plans in accordance with Clause 7 of Schedule 1; levy fees, including applying any concessions, exemptions or waivers, including in accordance with Clause 6 of Schedule 1; collect and maintain evidence relating to sub-clauses (a) to (g) above as required under this VET Funding Contract; make all reasonable efforts to work and communicate effectively with, and maintain the confidence of, all stakeholders affected by this VET Funding Contract, including maintaining strong links to industry; provide support to Eligible Individuals; and report data and other information to the Department including in accordance with Clause 12 of Schedule 1. Where training and/or assessment is provided to an Eligible Individual under this VET Funding Contract, the Eligible Individual must be physically present in the State of Victoria at all times at which they are undertaking the training and/or assessment. Notwithstanding the requirement in Clause 5.3 for an Eligible Individual to be physically present in the State of Victoria at all times at which they are undertaking the training and/or assessment, where an Eligible Individual is temporarily located interstate or overseas for a defined period as part of an industry or practical placement associated with their training, up to 50% of the total scheduled hours applying to the training and/or assessment in which the Eligible Individual is enrolled may be delivered online during the period the Eligible Individual is interstate or overseas. Funded Scope The Training Provider acknowledges and agrees that: the Training Provider's Funded Scope is as described in Schedule 2 from time to time; no courses or qualifications will be added to the Funded Scope during the Term, subject only to the Department conducting a process at a time and in a manner as the Department sees fit, which allows the Training Provider to apply for the Department's approval to increase its Funded Scope, taking into consideration issues such as labour market needs; and the Department may add or remove a course or qualification from the Training Provider’s Funded Scope or may otherwise alter Schedule 2 (including as result of conducting a process under Clause 5.5(b)).

OBJECTIVES OF THIS VET FUNDING CONTRACT. The objectives of the Parties in entering into this VET Funding Contract are that: Training Services subsidised through the Skills First Program will be of high quality and relevant to industry and employers; access to high quality courses and qualifications will be provided to Eligible Individuals so as to: enable Eligible Individuals to obtain the required skills to make them job-ready; assist Eligible Individuals to undertake further education; and/or promote/enable participation in access to training for disadvantaged learners; the Training Provider will provide Training Services in the best interests of Eligible Individualsstudents; the Department is will only liable to pay government subsidies through the Skills First Program in relation to Training Services that it is satisfied meet the requirements of this VET Funding Contract; and the Training Provider will maintain, and provide to the Department as required, all of the necessary information to satisfy the Department under sub-clause (d). The Training Provider acknowledges and agrees that: the performance of this VET Funding Contract imposes significantly more onerous obligations on the Training Provider than apply by virtue of its status as a registered training organisation, on the basis that it will seek government subsidisation of the Training Services as contemplated by this VET Funding Contract; it has carried out all relevant investigations to acquaint itself with the requirements of this VET Funding Contract; and it has applied to participate in the Skills First Program on the basis that it will be able to comply with all of its obligations under this VET Funding Contract. Where there is ambiguity in the interpretation of this VET Funding Contract, the objectives in Clause 3.1 will be applied to aid in the resolution of the interpretation of this VET Funding Contract, provided that the objectives must not be applied to limit any of the Training Provider's obligations or the Department's rights or powers under this VET Funding Contract. The Training Provider must perform its obligations under this VET Funding Contract consistently with, and in a manner that promotes the achievement of, the objectives in Clause 3.1, except to the extent that such performance would limit or be inconsistent with any other obligation of the Training Provider under, any right or power of the Department under, or any other provision of, this VET Funding Contract. The Training Provider acknowledges and agrees that the Department may take account of the Training Provider’s performance under this VET Funding Contract (including as assessed through any audit, review or investigation) in any calendar year when considering future contractual arrangements with the Training Provider. GENERAL OBLIGATIONS OF TRAINING PROVIDER Maintain registration and standards The Training Provider must: as applicable to and for the Training Provider: maintain registration as a registered training organisation under the Act; or maintain registration as a registered training organisation under the National Act and maintain a principal place of business with a physical site in Victoria, unless otherwise agreed in writing by the Department; maintain at least one nationally recognised qualification for delivery on its scope of registration as referred to in paragraph (a); maintain and use AVETMISS compliant software for reporting purposes; deliver training within its Funded Scope: in accordance with the requirements of the accredited course or Training Package; having regard to course/qualification descriptions, pathways information, entry requirements and outcomes; and consistent with any applicable Victorian Purchasing Guides; and in compliance with Regulatory the AQTF and/or the VET Quality Framework, including the National RTO Standards as applicable. Comply with Laws The Training Provider must: provide the Training Services in compliance with the requirements of all Laws in any way affecting or applicable to the provision of the Training Services, including Laws relating to occupational health and safety and the Australian Consumer Law; comply with the requirements of, and pay all fees and bear all costs connected with all applicable Laws, including all relevant privacy, anti-discrimination and equal opportunity legislation, the Disability Act 2006 (Vic) and the Working With Children Act 2005 (Vic); comply with the requirements of the Charter and not act in a way that is incompatible with a human right protected by the Charter or when making a decision in relation to the performance of the Services, fail to give proper consideration to such a human right, as though it was a public authority within the meaning of section 4(c) of the Charter; , and comply with the requirements of the Child Safe Standards as made under the Child Wellbeing and Safety Act 2005 (Vic). Comply with Department directions and policies The Training Provider must, in providing the Training Services and otherwise performing its obligations under this VET Funding Contract, comply with: the Quality Charter; and any other applicable directions, guidelines, policies or procedures issued by the Department and/or the State from time to time (including as set out in any Contract Notifications), whether or not expressly referred to in this VET Funding Contract. Act ethically The Training Provider must: demonstrate the highest ethical standards in its dealings and conduct in the provision of the Training Services and in otherwise performing its obligations under this VET Funding Contract; not do or omit to do anything which may damage, ridicule, bring into disrepute or be detrimental to the Department, the VET sector, the Skills First Program, the Victorian government subsidised training market, or the Department's or the State’s name or reputation; behave honestly and in a way that upholds the objectives objects and values of the Skills First Program; not behave in a manner that damages the public confidence in the integrity of the Skills First Program; be aware of the existence and requirements of, and comply with, all directions, policies, procedures and guidelines that are binding on the Training Provider under, or otherwise relate to the performance by the Training Provider of its obligations under, this VET Funding Contract; not make improper use of the position of trust placed in the Training Provider in the appropriate expenditure of substantial amounts of public moneys for VET; comply with the principles and obligations contained in the Statement of Expectations as if those principles and expectations were set out in full in this VET Funding Contract; not harass, intimidate, threaten or seek to improperly influence the exercise of any powers or functions by any person exercising powers on behalf of the Department under this VET Funding Contract; not pay, provide or offer, either directly or indirectly, Incentives to undertake training subsidised through the Skills First Program, whether to any prospective student or to any other person (such as an employer or social organisation); and not engage, employ, contract or otherwise deal with any Disallowed Personperson who, since 1 January 2011: was a registered training organisation that was party to a contract with the Department regarding government subsidised training which the Department terminated for any reason other than on a ground equivalent to one of the grounds specified in Clauses 18.3(i), 18.3(j) and 18.3(k), or a Relevant Person at such a registered training organisation; was a registered training organisation that had its registration under the Act, National Act or relevant equivalent legislation revoked, suspended, cancelled or had restrictions imposed on its registered training organisation operations that the Department considers would have affected its ability to provide services equivalent to the Training Services, or a Relevant Person at such a registered training organisation; was a registered training organisation which was party to a contract with the Department regarding government subsidised training which the Department terminated for any reason other than on a ground equivalent to one of the grounds specified in Clauses 18.3(i), 18.3(j) and 18.3(k), or a Relevant Person at such a registered training organisation; was a registered training organisation that was subject to an Other VET Funding Arrangement Termination Event, or a Relevant Person at such a registered training organisation; or was responsible, via their acts or omissions, for any of the matters raised in Clause 4.4(j) occurring to another person or entity. Be accountable The Training Provider must: at all times be accountable to the Department for its performance under this VET Funding Contract and demonstrate its compliance, or report its non-compliance, with the terms of this VET Funding Contract; ensure that it delivers a Volume of Learning in line with recommendations in the AQFAQF and/or the relevant Victorian Purchasing Guide or course curriculum; ensure that the Amount of Training is in accordance with Standard 1 of the National RTO Standards, and the Training Provider must justify and document any deviation when it occurs; upon request, demonstrate to the Department the appropriateness of training Duration and Intensity at any time and/or as part of any audit, review or investigation conducted under Clause 11; ensure that all persons employed or engaged by the Training Provider to provide the Training Services to Eligible Individuals are aware of all obligations under this VET Funding Contract as appropriate; unless this VET Funding Contract otherwise provides, provide the Training Services in respect of each Eligible Individual, and otherwise perform its obligations under this VET Funding Contract, at its own cost; use the Funds reasonably for the purpose of providing the Training Services to the relevant Eligible Individual to whom such Funds apply; ensure that appropriate compliance, reporting and auditing frameworks, controls and systems are in place, including the appropriate Segregation of Duties, with respect to the provision of the Training Services and receipt of the Funds from the Department; not, in providing the Training Services, do any act or undertake any process which would infringe an Intellectual Property right of the State or any other person or body; and participate in: any performance improvement initiatives as reasonably determined by the Department, including the introduction of performance targets to be met by the Training Provider over a reasonable time period; and the National Student Outcomes Survey managed by NCVER. The Training Provider acknowledges and agrees that the Department (or persons authorised by the Department) may from time to time contact persons in relation to whom the Training Provider has made a claim for Funds, for any reason the Department sees fit, including for any audit, review, investigation, monitoring, or evaluation, or to otherwise confirm and assess the Training Provider's compliance with and performance under this VET Funding Contract. Comply with Schedule 1 In performing the Training Services, the Training Provider must at all times comply with the requirements set out in Schedule 1, regardless of whether or not a particular clause of this VET Funding Contract refers to Schedule 1 in relation to any aspect of the Training Services. SCOPE AND PROVISION OF THE TRAINING SERVICES Provision of Training Services The Training Provider must deliver high quality Training Services in accordance with this VET Funding Contract. The Training Provider must: deliver student attraction activities, including marketing and advertising, in relation to any aspect of this VET Funding Contract in accordance with Clause 1 of Schedule 1; provide information to prospective students about course offerings, fees, support and the impact on the individual's Entitlement to Funded Training in accordance with Clauses 4.1 and 6 of Schedule 1; test any individual’s eligibility for training subsidised through the Skills First Program and any relevant concession or exemption/waiver of tuition fees in accordance with Clauses 2, 3 and 6 of Schedule 1 and the Guidelines about Determining Student Eligibility and Supporting Evidence; conduct Pre-Training Reviews in accordance with Clause 5 of Schedule 1; conduct enrolment processes required including in accordance with Clause 4 of Schedule 1; develop and document Training Plans in accordance with Clause 7 of Schedule 1; levy fees, including applying any concessions, exemptions or waivers, including in accordance with Clause 6 of Schedule 1; collect and maintain evidence relating to sub-clauses (a) to (g) above as required under this VET Funding Contract; make all reasonable efforts to work and communicate effectively with, and maintain the confidence of, all stakeholders affected by this VET Funding Contract, including maintaining strong links to industry; provide support to Eligible Individuals; and report data and other information to the Department including in accordance with Clause 12 of Schedule 1. Where training and/or assessment is provided The Training Provider must provide the Training Services to each Eligible Individual from within the State of Victoria, and to an Eligible Individual under this VET Funding Contract, having a physical presence in Victoria. This includes online delivery except where online delivery takes place during an industry or practical placement and involves the Eligible Individual must be physically present in the State of Victoria at all times at which they are undertaking the training and/or assessment. Notwithstanding the requirement in Clause 5.3 for an Eligible Individual to be physically present in the State of Victoria at all times at which they are undertaking the training and/or assessment, where an Eligible Individual is being temporarily located interstate or overseas for a defined period as part of an industry or practical placement associated with their trainingperiod. During this defined period, up to no more than 50% of the total scheduled hours applying to the training and/or assessment Training Services in which the Eligible Individual is enrolled may be delivered online during the period the Eligible Individual is interstate or overseasonline. Funded Scope generally The Training Provider acknowledges and agrees that: the Department will determine the Training Provider's Funded Scope is as described in Schedule 2 from time to time; at 28 September 2016, after which no courses or qualifications will be added to the Funded Scope during the Term, subject only to the Department conducting a process at a time and in a manner as the Department sees fit, which allows the Training Provider to apply for the Department's approval to increase its Funded Scope, taking into consideration issues such as labour market needsneed; and the Department may add or remove a course or qualification from the Training Provider’s Funded Scope or may otherwise alter Schedule 2 the Contract Offer; to retain or add particular courses on its Funded Scope and/or to deliver Training Services to Eligible Individuals that meet characteristics defined by the Department, the Training Provider may be required to participate in a capability or quality assurance process determined by the Department; and without limiting sub-clause (including as result of conducting b), if the Training Provider does not participate in a process advised under Clause 5.5(b5.4(c) or does not meet the required standard, the Department may remove relevant courses from the Training Provider’s Funded Scope and/or direct the Training Provider to cease enrolments in respect of Eligible Individuals that meet characteristics defined by the Department. Foundation Skills Approved Provider List The Training Provider acknowledges and agrees that: in order to receive Funds in respect of Eligible Individuals undertaking courses/qualifications from the Foundation Skills List (except Literacy and Numeracy Support)), the Training Provider must be on the Foundation Skills Approved Provider List and have the relevant approval(s) to provide that course or qualification; and the Department may add or remove the Training Provider from the Foundation Skills Approved Provider List, and/or vary the Training Provider’s approvals on the Foundation Skills Approved Provider List, at any time. RPL Approved Provider List The Training Provider acknowledges and agrees that: in order to receive Funds in respect of the delivery of assessment to Eligible Individuals as RPL, the Training Provider must be on the RPL Approved Provider List; and the Department may add or remove the Training Provider from the RPL Approved Provider List at any time. Training and Assessment Approved Provider List The Training Provider acknowledges and agrees that: in order to receive Funds in respect of Eligible Individuals undertaking courses/qualifications from the Training and Assessment Course List, the Training Provider must be on the Training and Assessment Approved Provider List and have the relevant approval(s) to provide that course or qualification; and the Department may add or remove the Training Provider from the Training and Assessment Approved Provider List at any time.

OBJECTIVES OF THIS VET FUNDING CONTRACT. The objectives of the Parties in entering into this VET Funding Contract are that: Training Services subsidised through the Skills First Program will be of high quality and relevant to industry and employers; access to high quality courses and qualifications will be provided to Eligible Individuals so as to: enable Eligible Individuals to obtain the required skills to make them job-ready; assist Eligible Individuals to undertake further education; and/or promote/enable participation in access to training for disadvantaged learners; the Training Provider will provide Training Services in the best interests of Eligible Individualsstudents; the Department is will only liable to pay government subsidies through the Skills First Program in relation to Training Services that it is satisfied meet the requirements of this VET Funding Contract; and the Training Provider will maintain, and provide to the Department as required, all of the necessary information to satisfy the Department under sub-clause (d). The Training Provider acknowledges and agrees that: the performance of this VET Funding Contract imposes significantly more onerous obligations on the Training Provider than apply by virtue of its status as a registered training organisation, on the basis that it will seek government subsidisation of the Training Services as contemplated by this VET Funding Contract; it has carried out all relevant investigations to acquaint itself with the requirements of this VET Funding Contract; and it has applied to participate in the Skills First Program on the basis that it will be able to comply with all of its obligations under this VET Funding Contract. Where there is ambiguity in the interpretation of this VET Funding Contract, the objectives in Clause 3.1 will be applied to aid in the resolution of the interpretation of this VET Funding Contract, provided that the objectives must not be applied to limit any of the Training Provider's obligations or the Department's rights or powers under this VET Funding Contract. The Training Provider must perform its obligations under this VET Funding Contract consistently with, and in a manner that promotes the achievement of, the objectives in Clause 3.1, except to the extent that such performance would limit or be inconsistent with any other obligation of the Training Provider under, any right or power of the Department under, or any other provision of, this VET Funding Contract. The Training Provider acknowledges and agrees that the Department may take account of the Training Provider’s performance under this VET Funding Contract (including as assessed through any audit, review or investigation) in any calendar year when considering future contractual arrangements with the Training Provider. GENERAL OBLIGATIONS OF TRAINING PROVIDER Maintain registration and standards The Training Provider must: as applicable to and for the Training Provider: maintain registration as a registered training organisation under the Act; or maintain registration as a registered training organisation under the National Act and maintain a principal place of business with a physical site in Victoria, unless otherwise agreed in writing by the Department; maintain at least one nationally recognised qualification for delivery on its scope of registration as referred to in paragraph (a); maintain and use AVETMISS compliant software for reporting purposes; deliver training within its Funded Scope: in accordance with the requirements of the accredited course or Training Package; having regard to course/qualification descriptions, pathways information, entry requirements and outcomes; and consistent with any applicable Victorian Purchasing Guides; and in compliance with Regulatory the AQTF and/or the VET Quality Framework, including the National RTO Standards as applicable. Comply with Laws The Training Provider must: provide the Training Services in compliance with the requirements of all Laws in any way affecting or applicable to the provision of the Training Services, including Laws relating to occupational health and safety and the Australian Consumer Law; comply with the requirements of, and pay all fees and bear all costs connected with all applicable Laws, including all relevant privacy, anti-discrimination and equal opportunity legislation, the Disability Act 2006 (Vic) and the Working With Children Act 2005 (Vic); comply with the requirements of the Charter and not act in a way that is incompatible with a human right protected by the Charter or when making a decision in relation to the performance of the Services, fail to give proper consideration to such a human right, as though it was a public authority within the meaning of section 4(c) of the Charter; , and comply with the requirements of the Child Safe Standards as made under the Child Wellbeing and Safety Act 2005 (Vic). Comply with Department directions and policies The Training Provider must, in providing the Training Services and otherwise performing its obligations under this VET Funding Contract, comply with: the Quality Charter; and any other applicable directions, guidelines, policies or procedures issued by the Department and/or the State from time to time (including as set out in any Contract Notifications), whether or not expressly referred to in this VET Funding Contract. Act ethically The Training Provider must: demonstrate the highest ethical standards in its dealings and conduct in the provision of the Training Services and in otherwise performing its obligations under this VET Funding Contract; not do or omit to do anything which may damage, ridicule, bring into disrepute or be detrimental to the Department, the VET sector, the Skills First Program, the Victorian government subsidised training market, or the Department's or the State’s name or reputation; behave honestly and in a way that upholds the objectives objects and values of the Skills First Program; not behave in a manner that damages the public confidence in the integrity of the Skills First Program; be aware of the existence and requirements of, and comply with, all directions, policies, procedures and guidelines that are binding on the Training Provider under, or otherwise relate to the performance by the Training Provider of its obligations under, this VET Funding Contract; not make improper use of the position of trust placed in the Training Provider in the appropriate expenditure of substantial amounts of public moneys for VET; comply with the principles and obligations contained in the Statement of Expectations as if those principles and expectations were set out in full in this VET Funding Contract; not harass, intimidate, threaten or seek to improperly influence the exercise of any powers or functions by any person exercising powers on behalf of the Department under this VET Funding Contract; not pay, provide or offer, either directly or indirectly, Incentives to undertake training subsidised through the Skills First Program, whether to any prospective student or to any other person (such as an employer or social organisation); and not engage, employ, contract or otherwise deal with any Disallowed Personperson who, since 1 January 2011: was a registered training organisation that was party to a contract with the Department regarding government subsidised training which the Department terminated for any reason other than on a ground equivalent to one of the grounds specified in Clause 18.3(i), or a Relevant Person at such a registered training organisation; was a registered training organisation that had its registration under the Act, National Act or relevant equivalent legislation revoked, suspended, cancelled or had restrictions imposed on its registered training organisation operations that the Department considers would have affected its ability to provide services equivalent to the Training Services, or a Relevant Person at such a registered training organisation; was a registered training organisation which was party to a contract with the Department regarding government subsidised training which the Department terminated for any reason other than on a ground equivalent to one of the grounds specified in Clause 18.3(i), or a Relevant Person at such a registered training organisation; was a registered training organisation that was subject to an Other VET Funding Arrangement Termination Event, or a Relevant Person at such a registered training organisation; or was responsible, via their acts or omissions, for any of the matters raised in Clause 4.4(j) occurring to another person or entity. Be accountable The Training Provider must: at all times be accountable to the Department for its performance under this VET Funding Contract and demonstrate its compliance, or report its non-compliance, with the terms of this VET Funding Contract; ensure that it delivers a Volume of Learning in line with recommendations in the AQFAQF and/or the relevant Victorian Purchasing Guide or course curriculum; ensure that the Amount of Training is in accordance with Standard 1 of the National RTO Standards, and the Training Provider must justify and document any deviation when it occurs; upon request, demonstrate to the Department the appropriateness of training Duration and Intensity at any time and/or as part of any audit, review or investigation conducted under Clause 11; ensure that all persons employed or engaged by the Training Provider to provide the Training Services to Eligible Individuals are aware of all obligations under this VET Funding Contract as appropriate; unless this VET Funding Contract otherwise provides, provide the Training Services in respect of each Eligible Individual, and otherwise perform its obligations under this VET Funding Contract, at its own cost; use the Funds reasonably for the purpose of providing the Training Services to the relevant Eligible Individual to whom such Funds apply; ensure that appropriate compliance, reporting and auditing frameworks, controls and systems are in place, including the appropriate Segregation of Duties, with respect to the provision of the Training Services and receipt of the Funds from the Department; not, in providing the Training Services, do any act or undertake any process which would infringe an Intellectual Property right of the State or any other person or body; and participate in: any performance improvement initiatives as reasonably determined by the Department, including the introduction of performance targets to be met by the Training Provider over a reasonable time period; and the National Student Outcomes Survey managed by NCVER. The Training Provider acknowledges and agrees that the Department (or persons authorised by the Department) may from time to time contact persons in relation to whom the Training Provider has made a claim for Funds, for any reason the Department sees fit, including for any audit, review, investigation, monitoring, or evaluation, or to otherwise confirm and assess the Training Provider's compliance with and performance under this VET Funding Contract. Comply with Schedule 1 In performing the Training Services, the Training Provider must at all times comply with the requirements set out in Schedule 1, regardless of whether or not a particular clause of this VET Funding Contract refers to Schedule 1 in relation to any aspect of the Training Services. SCOPE AND PROVISION OF THE TRAINING SERVICES Provision of Training Services The Training Provider must deliver high quality Training Services in accordance with this VET Funding Contract. The Training Provider must: deliver student attraction activities, including marketing and advertising, in relation to any aspect of this VET Funding Contract in accordance with Clause 1 of Schedule 1; provide information to prospective students about course offerings, fees, support and the impact on the individual's Entitlement to Funded Training in accordance with Clauses 4.1 and 6 of Schedule 1; test any individual’s eligibility for training subsidised through the Skills First Program and any relevant concession or exemption/waiver of tuition fees in accordance with Clauses 2, 3 and 6 of Schedule 1 and the Guidelines about Determining Student Eligibility and Supporting Evidence; conduct Pre-Training Reviews in accordance with Clause 5 of Schedule 1; conduct enrolment processes required including in accordance with Clause 4 of Schedule 1; develop and document Training Plans in accordance with Clause 7 of Schedule 1; levy fees, including applying any concessions, exemptions or waivers, including in accordance with Clause 6 of Schedule 1; collect and maintain evidence relating to sub-clauses (a) to (g) above as required under this VET Funding Contract; make all reasonable efforts to work and communicate effectively with, and maintain the confidence of, all stakeholders affected by this VET Funding Contract, including maintaining strong links to industry; provide support to Eligible Individuals; and report data and other information to the Department including in accordance with Clause 12 of Schedule 1. Where training and/or assessment is provided The Training Provider must provide the Training Services to each Eligible Individual from within the State of Victoria, and to an Eligible Individual under this VET Funding Contract, having a physical presence in Victoria. This includes online delivery except where online delivery takes place during an industry or practical placement and involves the Eligible Individual must be physically present in the State of Victoria at all times at which they are undertaking the training and/or assessment. Notwithstanding the requirement in Clause 5.3 for an Eligible Individual to be physically present in the State of Victoria at all times at which they are undertaking the training and/or assessment, where an Eligible Individual is being temporarily located interstate or overseas for a defined period as part of an industry or practical placement associated with their trainingperiod. During this defined period, up to no more than 50% of the total scheduled hours applying to the training and/or assessment Training Services in which the Eligible Individual is enrolled may be delivered online during the period the Eligible Individual is interstate or overseasonline. Funded Scope generally The Training Provider acknowledges and agrees that: the Department will determine the Training Provider's Funded Scope is as described in Schedule 2 from time to time; at 28 September 2016, after which no courses or qualifications will be added to the Funded Scope during the Term, subject only to the Department conducting a process at a time and in a manner as the Department sees fit, which allows the Training Provider to apply for the Department's approval to increase its Funded Scope, taking into consideration issues such as labour market needsneed; and the Department may add or remove a course or qualification from the Training Provider’s Funded Scope or may otherwise alter Schedule 2 the Contract Offer; to retain or add particular courses on its Funded Scope and/or to deliver Training Services to Eligible Individuals that meet characteristics defined by the Department, the Training Provider may be required to participate in a capability or quality assurance process determined by the Department; and without limiting sub-clause (including as result of conducting b), if the Training Provider does not participate in a process advised under Clause 5.5(b5.4(c) or does not meet the required standard, the Department may remove relevant courses from the Training Provider’s Funded Scope and/or direct the Training Provider to cease enrolments in respect of Eligible Individuals that meet characteristics defined by the Department. Foundation Skills Approved Provider List The Training Provider acknowledges and agrees that: in order to receive Funds in respect of Eligible Individuals undertaking courses/qualifications from the Foundation Skills List (except Literacy and Numeracy Support)), the Training Provider must be on the Foundation Skills Approved Provider List and have the relevant approval(s) to provide that course or qualification; and the Department may add or remove the Training Provider from the Foundation Skills Approved Provider List, and/or vary the Training Provider’s approvals on the Foundation Skills Approved Provider List, at any time. RPL Approved Provider List The Training Provider acknowledges and agrees that: in order to receive Funds in respect of the delivery of assessment to Eligible Individuals as RPL, the Training Provider must be on the RPL Approved Provider List; and the Department may add or remove the Training Provider from the RPL Approved Provider List at any time. Training and Assessment Approved Provider List The Training Provider acknowledges and agrees that: in order to receive Funds in respect of Eligible Individuals undertaking courses/qualifications from the Training and Assessment Course List, the Training Provider must be on the Training and Assessment Approved Provider List and have the relevant approval(s) to provide that course or qualification; and the Department may add or remove the Training Provider from the Training and Assessment Approved Provider List at any time.

OBJECTIVES OF THIS VET FUNDING CONTRACT. The objectives of the Parties in entering into this VET Funding Contract are that: Training Services subsidised through the Skills First Program will be of high quality and relevant to industry and employers; access to high quality courses and qualifications will be provided to Eligible Individuals so as to: enable Eligible Individuals to obtain the required skills to make them job-ready; assist Eligible Individuals to undertake further education; and/or promote/enable participation in training for disadvantaged learners; the Training Provider will provide Training Services in the best interests of Eligible Individuals; the Department is only liable to pay government subsidies through the Skills First Program in relation to Training Services that it is satisfied meet the requirements of this VET Funding Contract; and the Training Provider will maintain, and provide to the Department as required, all of the necessary information to satisfy the Department under sub-clause (d). The Training Provider acknowledges and agrees that: the performance of this VET Funding Contract imposes significantly more onerous obligations on the Training Provider than apply by virtue of its status as a registered training organisation, on the basis that it will seek government subsidisation of the Training Services as contemplated by this VET Funding Contract; it has carried out all relevant investigations to acquaint itself with the requirements of this VET Funding Contract; and it applied to participate in the Skills First Program on the basis that it will be able to comply with all of its obligations under this VET Funding Contract. Where there is ambiguity in the interpretation of this VET Funding Contract, the objectives in Clause 3.1 will be applied to aid in the resolution of the interpretation of this VET Funding Contract, provided that the objectives must not be applied to limit any of the Training Provider's obligations or the Department's rights or powers under this VET Funding Contract. The Training Provider must perform its obligations under this VET Funding Contract consistently with, and in a manner that promotes the achievement of, the objectives in Clause 3.1, except to the extent that such performance would limit or be inconsistent with any other obligation of the Training Provider under, any right or power of the Department under, or any other provision of, this VET Funding Contract. The Training Provider acknowledges and agrees that the Department may take account of the Training Provider’s performance under this VET Funding Contract (including as assessed through any audit, review or investigation) in any calendar year when considering future contractual arrangements with the Training Provider. GENERAL OBLIGATIONS OF TRAINING PROVIDER Maintain registration and standards The Training Provider must: as applicable to and for the Training Provider: maintain registration as a registered training organisation under the Act; or maintain registration as a registered training organisation under the National Act or an equivalent to the Act in another Australian State or Territory, as applicable to and maintain a principal place of business with a physical site in Victoria, unless otherwise agreed in writing by for the DepartmentTraining Provider; maintain at least one nationally recognised qualification for delivery on its scope of registration as referred to in paragraph (a); maintain and use AVETMISS compliant software for reporting purposes; deliver training within its Funded Scope: in accordance with the requirements of the accredited course or Training Package; having regard to course/qualification descriptions, pathways information, entry requirements and outcomes; and consistent with any applicable Victorian Purchasing Guides; and in compliance with Regulatory Standards as applicable. Comply with Laws The Training Provider must: provide the Training Services in compliance with the requirements of all Laws in any way affecting or applicable to the provision of the Training Services, including Laws relating to occupational health and safety and the Australian Consumer Law; comply with the requirements of, and pay all fees and bear all costs connected with all applicable Laws, including all relevant privacy, anti-discrimination and equal opportunity legislation, the Disability Act 2006 (Vic) and the Working With Children Act 2005 (Vic); comply with the requirements of the Charter and not act in a way that is incompatible with a human right protected by the Charter or when making a decision in relation to the performance of the Services, fail to give proper consideration to such a human right, as though it was a public authority within the meaning of section 4(c) of the Charter; and comply with the requirements of the Child Safe Standards as made under the Child Wellbeing and Safety Act 2005 (Vic). Comply with Department directions and policies The Training Provider must, in providing the Training Services and otherwise performing its obligations under this VET Funding Contract, comply with: the Quality Charter; and any other applicable directions, guidelines, policies or procedures issued by the Department and/or the State from time to time (including as set out in any Contract Notifications), whether or not expressly referred to in this VET Funding Contract. Act ethically The Training Provider must: demonstrate the highest ethical standards in its dealings and conduct in the provision of the Training Services and in otherwise performing its obligations under this VET Funding Contract; not do or omit to do anything which may damage, ridicule, bring into disrepute or be detrimental to the Department, the VET sector, the Skills First Program, the Victorian government subsidised training market, or the Department's or the State’s name or reputation; behave honestly and in a way that upholds the objectives and values of the Skills First Program; not behave in a manner that damages the public confidence in the integrity of the Skills First Program; be aware of the existence and requirements of, and comply with, all directions, policies, procedures and guidelines that are binding on the Training Provider under, or otherwise relate to the performance by the Training Provider of its obligations under, this VET Funding Contract; not make improper use of the position of trust placed in the Training Provider in the appropriate expenditure of substantial amounts of public moneys for VET; not harass, intimidate, threaten or seek to improperly influence the exercise of any powers or functions by any person exercising powers on behalf of the Department under this VET Funding Contract; not pay, provide or offer, either directly or indirectly, Incentives to undertake training subsidised through the Skills First Program, whether to any prospective student or to any other person (such as an employer or social organisation); and not engage, employ, contract or otherwise deal with any Disallowed Person. Be accountable The Training Provider must: at all times be accountable to the Department for its performance under this VET Funding Contract and demonstrate its compliance, or report its non-compliance, with the terms of this VET Funding Contract; ensure that it delivers a Volume of Learning in line with recommendations in the AQF, or that it otherwise justifies and documents any deviation when it occurs in accordance with Clause 5.8 of Schedule 1; ensure that the Amount amount of Training training is determined with reference to the matters described in accordance with Clause 1.1 and 1.2 of Standard 1 of the National RTO Standards, and the Training Provider must justify and document any deviation when it occurs; upon request, demonstrate to the Department the appropriateness of training Duration and Intensity at any time and/or as part of any audit, review or investigation conducted under Clause 11; ensure that all persons employed or engaged by the Training Provider to provide the Training Services to Eligible Individuals are aware of all obligations under this VET Funding Contract as appropriate; unless this VET Funding Contract otherwise provides, provide the Training Services in respect of each Eligible Individual, and otherwise perform its obligations under this VET Funding Contract, at its own cost; use the Funds reasonably for the purpose of providing the Training Services to the relevant Eligible Individual to whom such Funds apply; ensure that appropriate compliance, reporting and auditing frameworks, controls and systems are in place, including the appropriate Segregation of Duties, with respect to the provision of the Training Services and receipt of the Funds from the Department; not, in providing the Training Services, do any act or undertake any process which would infringe an Intellectual Property right of the State or any other person or body; and participate in: any performance improvement initiatives as reasonably determined by the Department, including the introduction of performance targets to be met by the Training Provider over a reasonable time period; and the National Student Outcomes Survey managed by NCVER. The Training Provider acknowledges and agrees that the Department (or persons authorised by the Department) may from time to time contact persons in relation to whom the Training Provider has made a claim for Funds, for any reason the Department sees fit, including for any audit, review, investigation, monitoring, or evaluation, or to otherwise confirm and assess the Training Provider's compliance with and performance under this VET Funding Contract. Arrangements with National Enterprises The Training Provider must: have in place at all times during the Term a legally binding agreement with each National Enterprise for a term comprising or including the 2018 and 2019 calendar years under which: over each of the 2018 and 2019 calendar years, the Training Provider will deliver accredited training to: at least 50 Victorian Employees of that National Enterprise per calendar year; and at least 50 employees of that National Enterprise in Australian States or Territories other than Victoria per calendar year; and the National Enterprise agrees that the Department may contact the National Enterprise at any time and the National Enterprise must verify the details of the legally binding agreement, including confirmation of the number of employees identified to be trained by the Training Provider in Victoria and in any other Australian jurisdiction; notify the Department if any agreement relevant to Clause 4.7(a) is suspended, cancelled, terminated, expired or is otherwise no longer in effect, within two weeks after that suspension, cancellation, termination, expiry or ceasing to be in effect; not take any new enrolments under this VET Funding Contract for Victorian Employees of the relevant National Enterprise where the agreement with that National Enterprise referred to in Clause 4.7(a) is suspended, cancelled, terminated, expires or is otherwise no longer in effect; and ensure that the quantum of accredited training delivered under each agreement referred to in Clause 4.7(a) meets the requirements set out in Clause 4.7(a)(i). Comply with Schedule 1 In performing the Training Services, the Training Provider must at all times comply with the requirements set out in Schedule 1, regardless of whether or not a particular clause of this VET Funding Contract refers to Schedule 1 in relation to any aspect of the Training Services. SCOPE AND PROVISION OF THE TRAINING SERVICES Provision of Training Services The Training Provider must deliver high quality Training Services in accordance with this VET Funding Contract. The Training Provider must: deliver student attraction activities, including marketing and advertising, in relation to any aspect of this VET Funding Contract in accordance with Clause 1 of Schedule 1; provide information to prospective students about course offerings, fees, support and the impact on the individual's Entitlement to Funded Training in accordance with Clauses 4.1 and 6 of Schedule 1; test any individual’s eligibility for training subsidised through the Skills First Program and any relevant concession or exemption/waiver of tuition fees in accordance with Clauses 2, 3 and 6 of Schedule 1 and the Guidelines about Determining Student Eligibility and Supporting Evidence; conduct Pre-Training Reviews in accordance with Clause 5 of Schedule 1; conduct enrolment processes required including in accordance with Clause 4 of Schedule 1; develop and document Training Plans in accordance with Clause 7 of Schedule 1; levy fees, including applying any concessions, exemptions or waivers, including in accordance with Clause 6 of Schedule 1; collect and maintain evidence relating to sub-clauses (a) to (g) above as required under this VET Funding Contract; make all reasonable efforts to work and communicate effectively with, and maintain the confidence of, all stakeholders affected by this VET Funding Contract, including maintaining strong links to industry; provide support to Eligible Individuals; and report data and other information to the Department including in accordance with Clause 12 of Schedule 1. Where training and/or assessment is provided to an Eligible Individual under this VET Funding Contract, the Eligible Individual must be physically present in the State of Victoria at all times at which they are undertaking the training and/or assessment. Notwithstanding the requirement in Clause 5.3 for an Eligible Individual to be physically present in the State of Victoria at all times at which they are undertaking the training and/or assessment, where an Eligible Individual is temporarily located interstate or overseas for a defined period as part of an industry or practical placement associated with their training, up to 50% of the total scheduled hours applying to the training and/or assessment in which the Eligible Individual is enrolled may be delivered online during the period the Eligible Individual is interstate or overseas. Funded Scope The Training Provider acknowledges and agrees that: the Training Provider's Funded Scope is as described in Schedule 2 from time to time; no courses or qualifications will be added to the Funded Scope during the Term, subject only to the Department conducting a process at a time and in a manner as the Department sees fit, which allows the Training Provider to apply for the Department's approval to increase its Funded Scope, taking into consideration issues such as labour market needs; and the Department may add or remove a course or qualification from the Training Provider’s Funded Scope or may otherwise alter Schedule 2 (including as result of conducting a process under Clause 5.5(b)).

OBJECTIVES OF THIS VET FUNDING CONTRACT. The objectives of the Parties in entering into this VET Funding Contract are that: Training Services subsidised through the Skills First Program will be of high quality and relevant to industry and employers; access to high quality courses and qualifications will be provided to Eligible Individuals so as to: enable Eligible Individuals to obtain the required skills to make them job-ready; assist Eligible Individuals to undertake further education; and/or promote/enable participation in training for disadvantaged learners; the Training Provider will provide Training Services in the best interests of Eligible Individuals; the Department is only liable to pay government subsidies through the Skills First Program in relation to Training Services that it is satisfied meet the requirements of this VET Funding Contract; and the Training Provider will maintain, and provide to the Department as required, all of the necessary information to satisfy the Department under sub-clause (d). The Training Provider acknowledges and agrees that: the performance of this VET Funding Contract imposes significantly more onerous obligations on the Training Provider than apply by virtue of its status as a registered training organisation, on the basis that it will seek government subsidisation of the Training Services as contemplated by this VET Funding Contract; it has carried out all relevant investigations to acquaint itself with the requirements of this VET Funding Contract; and it applied to participate in the Skills First Program on the basis that it will be able to comply with all of its obligations under this VET Funding Contract. Where there is ambiguity in the interpretation of this VET Funding Contract, the objectives in Clause 3.1 will be applied to aid in the resolution of the interpretation of this VET Funding Contract, provided that the objectives must not be applied to limit any of the Training Provider's obligations or the Department's rights or powers under this VET Funding Contract. The Training Provider must perform its obligations under this VET Funding Contract consistently with, and in a manner that promotes the achievement of, the objectives in Clause 3.1, except to the extent that such performance would limit or be inconsistent with any other obligation of the Training Provider under, any right or power of the Department under, or any other provision of, this VET Funding Contract. The Training Provider acknowledges and agrees that the Department may take account of the Training Provider’s performance under this VET Funding Contract (including as assessed through any audit, review or investigation) in any calendar year when considering future contractual arrangements with the Training Provider. GENERAL OBLIGATIONS OF TRAINING PROVIDER Maintain registration and standards The Training Provider must: as applicable to and for the Training Provider: maintain registration as a registered training organisation under the Act; or maintain registration as a registered training organisation under the National Act and maintain a principal place of business with a physical site in Victoria, unless otherwise agreed in writing by the Department; maintain at least one nationally recognised qualification for delivery on its scope of registration as referred to in paragraph (a); maintain and use AVETMISS compliant software for reporting purposes; deliver training within its Funded Scope: in accordance with the requirements of the accredited course or Training Package; having regard to course/qualification descriptions, pathways information, entry requirements and outcomes; and consistent with any applicable Victorian Purchasing Guides; and in compliance with Regulatory Standards as applicable. Comply with Laws The Training Provider must: provide the Training Services in compliance with the requirements of all Laws in any way affecting or applicable to the provision of the Training Services, including Laws relating to occupational health and safety and the Australian Consumer Law; comply with the requirements of, and pay all fees and bear all costs connected with all applicable Laws, including all relevant privacy, anti-discrimination and equal opportunity legislation, the Disability Act 2006 (Vic) and the Working With Children Act 2005 (Vic); comply with the requirements of the Charter and not act in a way that is incompatible with a human right protected by the Charter or when making a decision in relation to the performance of the Services, fail to give proper consideration to such a human right, as though it was a public authority within the meaning of section 4(c) of the Charter; and comply with the requirements of the Child Safe Standards as made under the Child Wellbeing and Safety Act 2005 (Vic). Comply with Department directions and policies The Training Provider must, in providing the Training Services and otherwise performing its obligations under this VET Funding Contract, comply with: the Quality Charter; and any other applicable directions, guidelines, policies or procedures issued by the Department and/or the State from time to time (including as set out in any Contract Notifications), whether or not expressly referred to in this VET Funding Contract. Act ethically The Training Provider must: demonstrate the highest ethical standards in its dealings and conduct in the provision of the Training Services and in otherwise performing its obligations under this VET Funding Contract; not do or omit to do anything which may damage, ridicule, bring into disrepute or be detrimental to the Department, the VET sector, the Skills First Program, the Victorian government subsidised training market, or the Department's or the State’s name or reputation; behave honestly and in a way that upholds the objectives and values of the Skills First Program; not behave in a manner that damages the public confidence in the integrity of the Skills First Program; be aware of the existence and requirements of, and comply with, all directions, policies, procedures and guidelines that are binding on the Training Provider under, or otherwise relate to the performance by the Training Provider of its obligations under, this VET Funding Contract; not make improper use of the position of trust placed in the Training Provider in the appropriate expenditure of substantial amounts of public moneys for VET; not harass, intimidate, threaten or seek to improperly influence the exercise of any powers or functions by any person exercising powers on behalf of the Department under this VET Funding Contract; not pay, provide or offer, either directly or indirectly, Incentives to undertake training subsidised through the Skills First Program, whether to any prospective student or to any other person (such as an employer or social organisation); and not engage, employ, contract or otherwise deal with any Disallowed Person. Be accountable The Training Provider must: at all times be accountable to the Department for its performance under this VET Funding Contract and demonstrate its compliance, or report its non-compliance, with the terms of this VET Funding Contract; ensure that it delivers a Volume of Learning in line with recommendations in the AQF, or that it otherwise justifies and documents any deviation when it occurs in accordance with Clause 5.8 of Schedule 1; ensure that the Amount amount of Training training is determined with reference to the matters described in accordance with Clause 1.1 and 1.2 of Standard 1 of the National RTO Standards, and the Training Provider must justify and document any deviation when it occurs; upon request, demonstrate to the Department the appropriateness of training Duration and Intensity at any time and/or as part of any audit, review or investigation conducted under Clause 11; ensure that all persons employed or engaged by the Training Provider to provide the Training Services to Eligible Individuals are aware of all obligations under this VET Funding Contract as appropriate; unless this VET Funding Contract otherwise provides, provide the Training Services in respect of each Eligible Individual, and otherwise perform its obligations under this VET Funding Contract, at its own cost; use the Funds reasonably for the purpose of providing the Training Services to the relevant Eligible Individual to whom such Funds apply; ensure that appropriate compliance, reporting and auditing frameworks, controls and systems are in place, including the appropriate Segregation of Duties, with respect to the provision of the Training Services and receipt of the Funds from the Department; not, in providing the Training Services, do any act or undertake any process which would infringe an Intellectual Property right of the State or any other person or body; and participate in: any performance improvement initiatives as reasonably determined by the Department, including the introduction of performance targets to be met by the Training Provider over a reasonable time period; and the National Student Outcomes Survey managed by NCVER. The Training Provider acknowledges and agrees that the Department (or persons authorised by the Department) may from time to time contact persons in relation to whom the Training Provider has made a claim for Funds, for any reason the Department sees fit, including for any audit, review, investigation, monitoring, or evaluation, or to otherwise confirm and assess the Training Provider's compliance with and performance under this VET Funding Contract. Comply with Schedule 1 In performing the Training Services, the Training Provider must at all times comply with the requirements set out in Schedule 1, regardless of whether or not a particular clause of this VET Funding Contract refers to Schedule 1 in relation to any aspect of the Training Services. SCOPE AND PROVISION OF THE TRAINING SERVICES Provision of Training Services The Training Provider must deliver high quality Training Services in accordance with this VET Funding Contract. The Training Provider must: deliver student attraction activities, including marketing and advertising, in relation to any aspect of this VET Funding Contract in accordance with Clause 1 of Schedule 1; provide information to prospective students about course offerings, fees, support and the impact on the individual's Entitlement to Funded Training in accordance with Clauses 4.1 and 6 of Schedule 1; test any individual’s eligibility for training subsidised through the Skills First Program and any relevant concession or exemption/waiver of tuition fees in accordance with Clauses 2, 3 and 6 of Schedule 1 and the Guidelines about Determining Student Eligibility and Supporting Evidence; conduct Pre-Training Reviews in accordance with Clause 5 of Schedule 1; conduct enrolment processes required including in accordance with Clause 4 of Schedule 1; develop and document Training Plans in accordance with Clause 7 of Schedule 1; levy fees, including applying any concessions, exemptions or waivers, including in accordance with Clause 6 of Schedule 1; collect and maintain evidence relating to sub-clauses (a) to (g) above as required under this VET Funding Contract; make all reasonable efforts to work and communicate effectively with, and maintain the confidence of, all stakeholders affected by this VET Funding Contract, including maintaining strong links to industry; provide support to Eligible Individuals; and report data and other information to the Department including in accordance with Clause 12 of Schedule 1. Where training and/or assessment is provided to an Eligible Individual under this VET Funding Contract, the Eligible Individual must be physically present in the State of Victoria at all times at which they are undertaking the training and/or assessment. Notwithstanding the requirement in Clause 5.3 for an Eligible Individual to be physically present in the State of Victoria at all times at which they are undertaking the training and/or assessment, where an Eligible Individual is temporarily located interstate or overseas for a defined period as part of an industry or practical placement associated with their training, up to 50% of the total scheduled hours applying to the training and/or assessment in which the Eligible Individual is enrolled may be delivered online during the period the Eligible Individual is interstate or overseas. Funded Scope The Training Provider acknowledges and agrees that: a course or qualification will be automatically added to the Training Provider's Funded Scope if that course or qualification is as described in Schedule 2 from time to time; no courses or qualifications will be added to the Funded Scope during the TermTraining Provider's scope of registration as a registered training organisation, subject only to the Department conducting a process at a time and in a manner as the Department sees fit, which allows the Training Provider to apply for provided that (unless otherwise agreed by the Department's approval to increase its ) the course or qualification is listed on the Funded Scope, taking into consideration issues such as labour market needsCourse Report; and the Department may add or remove a course or qualification from the Training Provider’s Funded Scope or may otherwise alter Schedule 2 (including as result of conducting a process under Clause 5.5(b))the Training Provider’s Funded Scope.