Common use of SUBCONTRACTING OF THE TRAINING SERVICES Clause in Contracts

SUBCONTRACTING OF THE TRAINING SERVICES. Training and assessment 5.1. The RTO may subcontract training and assessment to another RTO that holds a current year VET Funding Contract with the Department. In such circumstances, both the RTO and the subcontracted RTO must have the relevant Funded Scope. 5.2. The RTO may only subcontract training and assessment to: a) an RTO that does not hold a current year VET Funding Contract; and/or b) an entity that is not an RTO with the prior written approval of the Department. For the avoidance of doubt, the Department has absolute discretion in approving or not approving a request made under this Clause 5.2. 5.3. The RTO may only subcontract some or all assessment relating to Recognition of Prior Learning (RPL) if both the RTO and the subcontracted RTO are on the RPL Approved Provider List. For the avoidance of doubt, the RTO may not subcontract assessment relating to RPL to an entity that is not an RTO. 5.4. The RTO may only subcontract some or all training and assessment relating to courses and qualifications on the Foundation Skills List (except Literacy and Numeracy Support) if both the RTO and the subcontracted RTO are on the Foundation Skills Approved Provider List. For the avoidance of doubt, the RTO may not subcontract training and assessment relating to courses and qualifications on the Foundation Skills List (except Literacy and Numeracy Support) to an entity that is not an RTO. This Clause 5.4 applies for all such courses and qualifications commencing from a date specified by the Department following publication of the Foundation Skills Approved Provider List. 5.5. The RTO must ensure that each Eligible Individual who receives training and assessment under a subcontract arrangement under this Clause 5 is aware that they are enrolled with the RTO, not the subcontracted party. 5.6. A subcontract arrangement entered into under Clauses 5.1, 5.3 or 5.4 must be on terms that the RTO may immediately terminate an arrangement with a relevant subcontracted RTO if the subcontracted RTO's VET Funding Contract with the Department is suspended or terminated. 5.7. The RTO represents and warrants to the Department that all subcontractors it will use under this VET Funding Contract have appropriate qualifications and are suitably experienced and capable of providing Training Services as required by this VET Funding Contract. 5.8. If the RTO subcontracts the provision of some or all of its performance of the Training Services it: a) must ensure that any subcontract entered into: i) prohibits further subcontracting by the subcontractor; ii) requires the subcontractor to provide all necessary assistance, documentation and information that is required under this VET Funding Contract; iii) permits the RTO to immediately suspend the subcontract if the RTO's VET Funding Contract with the Department is suspended; iv) permits the RTO to immediately terminate the subcontract if the RTO's VET Funding Contract with the Department is terminated; and v) otherwise permits the RTO to comply with its obligations under this VET Funding Contract; b) must provide a copy of the executed subcontract agreement to the Department if requested; c) retains prime responsibility for all of its obligations under this VET Funding Contract and any subcontract arrangement does not relieve the RTO of any of its liabilities or obligations under this VET Funding Contract or to otherwise provide the Training Services to an Eligible Individual; d) is responsible for ensuring the suitability of the subcontractor and for ensuring that any work performed by the subcontractor meets the requirements of this VET Funding Contract; e) is liable to the Department for the acts, or omissions or negligence of any subcontractor (or any employee, officer or agent of the subcontractor) as if they were the acts, or omissions or negligence, of the RTO (or the employees, officers or agents of the RTO); f) indemnifies (and must keep indemnified) the Department against any or all Loss arising from any acts or omissions by any subcontractor in connection with, or in the course of, the provision of the Training Services to an Eligible Individual or any breach of this VET Funding Contract; g) acknowledges that the Department is not liable for the RTO's subcontractor arrangements and will not become involved in the internal administration of subcontracts or act as a mediator between the RTO and any subcontractor; h) acknowledges that all costs associated with any subcontract are the responsibility of the RTO; and i) must ensure that any subcontractor assists, if requested by the Department or its auditors or reviewers, with any audits or reviews under Clause 10 of this VET Funding Contract.

SUBCONTRACTING OF THE TRAINING SERVICES. Training and assessment 5.1. The RTO may subcontract training and assessment to another RTO that holds a current year Victorian based VET Funding Contract with the Department. In such circumstances, both the RTO and the subcontracted RTO must have the relevant Funded Scope. 5.2. The RTO may only subcontract training and assessment to: a) an RTO that does not hold a current year VET Funding Contract; b) an RTO that holds a current year non-Victorian based VET Funding Contract; and/or bc) an entity that is not an RTO with the prior written approval of the Department. For the avoidance of doubt, the Department has absolute discretion in approving or not approving a request made under this Clause 5.2. 5.3. Where an individual is solely engaged to conduct the role of trainer or assessor then this would not represent a subcontracting arrangement as defined under this Clause 5. 5.4. The RTO must have the principal line of management of trainers or assessors sourced through labour hire or similar arrangements. Where this is not clearly demonstrated, the arrangement will be considered subcontracting of training and assessment under this Clause 5 and must be approved by the Department. 5.5. The RTO may only subcontract some or all assessment relating to Recognition of Prior Learning (RPL) if both the RTO and the subcontracted RTO are on the RPL Approved Provider List. For the avoidance of doubt, the RTO may not subcontract assessment relating to RPL to an entity that is not an RTO. 5.45.6. The RTO may only subcontract some or all training and assessment relating to courses and qualifications on the Foundation Skills List (except Literacy and Numeracy Support) if both the RTO and the subcontracted RTO are on the Foundation Skills Approved Provider List. For the avoidance of doubt, the RTO may not subcontract training and assessment relating to courses and qualifications on the Foundation Skills List (except Literacy and Numeracy Support) to an entity that is not an RTO. This Clause 5.4 applies for all such courses and qualifications commencing from a date specified by the Department following publication of the Foundation Skills Approved Provider List. 5.55.7. The RTO must ensure that each Eligible Individual who receives training and assessment under a subcontract arrangement under this Clause 5 is aware that they are enrolled with the RTO, not the subcontracted party. 5.65.8. A subcontract arrangement entered into under Clauses 5.1, 5.3 5.5 or 5.4 5.6 must be on terms that the RTO may immediately terminate an arrangement with a relevant subcontracted RTO if the subcontracted RTO's VET Funding Contract with the Department is suspended or terminated. 5.75.9. The RTO may only subcontract some or all of the Training Services pertaining to Pre-Training Review with the prior written approval of the Department. For the avoidance of doubt, the Department has absolute discretion in approving or not approving a request made under this Clause 5.9. 5.10. The RTO represents and warrants to the Department that all subcontractors it will use under this VET Funding Contract have appropriate qualifications and are suitably experienced and capable of providing Training Services as required by this VET Funding Contract. 5.85.11. The RTO acknowledges and agrees the Department may direct the RTO to cease, or otherwise vary the scope of, an arrangement to subcontract some or all of the Training Services, including, without limitation, an arrangement approved under Clause 5.2 or Clause 5.9. 5.12. If the RTO subcontracts the provision of some or all of its performance of the Training Services it: a) must ensure that any subcontract entered into: i) prohibits further subcontracting by the subcontractor; ii) requires the subcontractor to provide all necessary assistance, documentation and information that is required under this VET Funding Contract; iii) permits the RTO to immediately suspend the subcontract if the RTO's VET Funding Contract with the Department is suspended; iv) permits the RTO to immediately terminate the subcontract if the RTO's VET Funding Contract with the Department is terminated; and v) otherwise permits the RTO to comply with its obligations under this VET Funding Contract; b) must provide a copy of the executed subcontract agreement to the Department if requested; c) retains prime responsibility for all of its obligations under this VET Funding Contract and any subcontract arrangement does not relieve the RTO of any of its liabilities or obligations under this VET Funding Contract or to otherwise provide the Training Services to an Eligible Individual; d) is responsible for ensuring the suitability of the subcontractor and for ensuring that any work performed by the subcontractor meets the requirements of this VET Funding Contract; e) is liable to the Department for the acts, or omissions or negligence of any subcontractor (or any employee, officer or agent of the subcontractor) as if they were the acts, or omissions or negligence, of the RTO (or the employees, officers or agents of the RTO); f) indemnifies (and must keep indemnified) the Department against any or all Loss arising from any acts or omissions by any subcontractor in connection with, or in the course of, the provision of the Training Services to an Eligible Individual or any breach of this VET Funding Contract; g) acknowledges that the Department is not liable for the RTO's subcontractor arrangements and will not become involved in the internal administration of subcontracts or act as a mediator between the RTO and any subcontractor; h) acknowledges that all costs associated with any subcontract are the responsibility of the RTO; and i) must ensure that any subcontractor assists, if requested by the Department or its auditors or reviewers, with any audits or reviews under Clause 10 of this VET Funding Contract.

SUBCONTRACTING OF THE TRAINING SERVICES. Subcontracting of Pre-Training and assessmentReview 5.1. 6.1 The RTO Training Provider may not subcontract any aspect of the Pre-Training Review. 6.2 The Training Provider may not subcontract training and assessment to another RTO that holds a current year VET Funding Contract with the Department. In such circumstances, both the RTO and the subcontracted RTO must have the relevant Funded Scope. 5.2. The RTO may only subcontract training and assessment to: a) an RTO that does not hold a current year VET Funding Contract; and/or b) an entity that is not an RTO with without the prior written approval of the Department granted through an approval process to be determined by the Department. For the avoidance of doubt, . 6.3 The Training Provider acknowledges that it will not be permitted by the Department has absolute discretion in approving or not approving a request made under this Clause 5.2. 5.3. The RTO may only to subcontract some or all assessment relating to Recognition of Prior Learning (RPL) if RPL under Clause 6.2 unless both the RTO Training Provider and the subcontracted RTO subcontractor are on the RPL Approved Provider List. For the avoidance of doubt, the RTO may not subcontract assessment relating to RPL to an entity that is not an RTO. 5.4. 6.4 The RTO may only Training Provider acknowledges that it will not be permitted by the Department to subcontract some or all training and assessment relating to courses and qualifications on the Foundation Skills List (except Literacy and Numeracy Support) if under Clause 6.2 unless both the RTO Training Provider and the subcontracted RTO subcontractor are on the Foundation Skills Approved Provider List. For . 6.5 The Training Provider acknowledges that it will not be permitted by the avoidance of doubt, the RTO may not Department to subcontract some or all training and assessment relating to courses and qualifications on the Foundation Skills Training and Assessment Course List (except Literacy under Clause 6.2 unless both the Training Provider and Numeracy Support) to an entity that is not an RTO. This Clause 5.4 applies for all such courses the subcontractor are on the Training and qualifications commencing from a date specified by the Department following publication of the Foundation Skills Assessment Approved Provider List. 5.5. 6.6 Where an individual is engaged as a sole trader to conduct the role of trainer or assessor other than through an arrangement of the kind referred to in Clause 6.7, then this does not amount to a subcontracting arrangement that is subject to the requirements of this Clause 6. 6.7 For the avoidance of doubt, entry into a franchise, labour hire or other similar arrangement is considered to be subcontracting for the purposes of this VET Funding Contract. 6.8 The RTO Training Provider must ensure that each Eligible Individual student who receives training and assessment under a subcontract arrangement under this Clause 5 is aware that they are enrolled with the RTOTraining Provider, not the subcontracted party. 5.6. A 6.9 Where a subcontract arrangement entered into under Clauses 5.1Clause 6.2 is between the Training Provider and another registered training organisation that holds a VET Funding Contract, 5.3 or 5.4 the subcontract arrangement must be on terms that allow the RTO may Training Provider to immediately terminate an the arrangement with a relevant subcontracted RTO if the subcontracted RTOregistered training organisation's VET Funding Contract with the Department is suspended or terminated. 5.7. 6.10 The RTO Training Provider acknowledges that, pursuant to Clause 5.8, it must ensure that the details of any trainers and/or assessors engaged through a subcontractor are included on the Training Provider’s Register of Trainers and Assessors. 6.11 The Training Provider represents and warrants to the Department on every day during the Term that all subcontractors it will use uses under this VET Funding Contract have appropriate qualifications and skills and are suitably experienced and capable of providing Training Services as required by this VET Funding Contract. 5.8. 6.12 The Training Provider acknowledges and agrees the Department may direct the Training Provider to cease, or otherwise vary the scope of, an arrangement to subcontract some or all of the Training Services, including an arrangement entered into pursuant to Clause 6.2. 6.13 If the RTO Training Provider subcontracts the provision of some or all of its performance of the Training Services Services, it: a) must ensure that any subcontract entered into: i) prohibits further subcontracting by the subcontractor; ii) requires the subcontractor to provide all necessary assistance, documentation and information that is required under this VET Funding Contract; iii) permits the RTO Training Provider to immediately suspend the subcontract if the RTOTraining Provider's VET Funding Contract with the Department is suspended; iv) permits the RTO Training Provider to immediately terminate the subcontract if the RTOTraining Provider's VET Funding Contract with the Department is terminated; and v) otherwise permits the RTO Training Provider to comply with its obligations under this VET Funding ContractContract (including its obligations to ensure that any subcontractor cooperates and assists with any audit, review or investigation under Clause 11); b) must provide a copy of the executed subcontract agreement to the Department if requested; c) retains prime responsibility for all of its obligations under this VET Funding Contract and any subcontract arrangement does not relieve the RTO Training Provider of any of its liabilities or obligations under this VET Funding Contract or to otherwise provide the Training Services to an Eligible IndividualServices; d) is responsible for ensuring the suitability of the subcontractor and for ensuring that any work performed by the subcontractor meets the requirements of this VET Funding Contract; e) is liable to the Department for the acts, or omissions or negligence of any subcontractor (or any employee, officer or agent of the subcontractor) as if they were the acts, or omissions or negligence, of the RTO Training Provider (or the employees, officers or agents of the RTOTraining Provider); f) indemnifies (and must keep indemnified) the Department against any or all Loss arising from any acts or omissions by any subcontractor in connection with, or in the course of, the provision of the Training Services to an Eligible Individual or any breach of this VET Funding ContractContract (whether or not the breach is a Material Breach); g) acknowledges that the Department is not liable for the RTOTraining Provider's subcontractor arrangements and will not become involved in the internal administration of subcontracts or act as a mediator between the RTO Training Provider and any subcontractor;; and h) acknowledges that all costs associated with any subcontract are the responsibility of the RTO; and i) must ensure that any subcontractor assists, if requested by the Department or its auditors or reviewers, with any audits or reviews under Clause 10 of this VET Funding ContractTraining Provider.

SUBCONTRACTING OF THE TRAINING SERVICES. Subcontracting of Pre-Training and assessmentReview 5.1. 6.1 The RTO Training Provider may not subcontract any aspect of the Pre-Training Review. 6.2 The Training Provider may not subcontract training and assessment to another RTO that holds a current year VET Funding Contract with the Department. In such circumstances, both the RTO and the subcontracted RTO must have the relevant Funded Scope. 5.2. The RTO may only subcontract training and assessment to: a) an RTO that does not hold a current year VET Funding Contract; and/or b) an entity that is not an RTO with without the prior written approval of the Department granted through an approval process to be determined by the Department. For the avoidance of doubt, . 6.3 The Training Provider acknowledges that it will not be permitted by the Department has absolute discretion in approving or not approving a request made under this Clause 5.2. 5.3. The RTO may only to subcontract some or all assessment relating to Recognition of Prior Learning (RPL) if RPL under Clause 6.2 unless both the RTO Training Provider and the subcontracted RTO subcontractor are on the RPL Approved Provider List. For the avoidance of doubt, the RTO may not subcontract assessment relating to RPL to an entity that is not an RTO. 5.4. 6.4 The RTO may only Training Provider acknowledges that it will not be permitted by the Department to subcontract some or all training and assessment relating to courses and qualifications on the Foundation Skills List (except Literacy and Numeracy Support) if under Clause 6.2 unless both the RTO Training Provider and the subcontracted RTO subcontractor are on the Foundation Skills Approved Provider List. For . 6.5 The Training Provider acknowledges that it will not be permitted by the avoidance of doubt, the RTO may not Department to subcontract some or all training and assessment relating to courses and qualifications on the Foundation Skills Training and Assessment Course List (except Literacy under Clause 6.2 unless both the Training Provider and Numeracy Support) to an entity that is not an RTO. This Clause 5.4 applies for all such courses the subcontractor are on the Training and qualifications commencing from a date specified by the Department following publication of the Foundation Skills Assessment Approved Provider List. 5.5. 6.6 Where an individual is engaged as a sole trader to conduct the role of trainer or assessor other than through an arrangement of the kind referred to in Clause 6.7, then this does not amount to a subcontracting arrangement that is subject to the requirements of this Clause 6. 6.7 For the avoidance of doubt, entry into a franchise, labour hire or other similar arrangement is considered to be subcontracting for the purposes of this VET Funding Contract. 6.8 The RTO Training Provider must ensure that each Eligible Individual student who receives training and assessment under a subcontract arrangement under this Clause 5 is aware that they are enrolled with the RTOTraining Provider, not the subcontracted party. 5.6. A 6.9 Where a subcontract arrangement entered into under Clauses 5.1Clause 6.2 is between the Training Provider and another registered training organisation that holds a VET Funding Contract, 5.3 or 5.4 the subcontract arrangement must be on terms that allow the RTO may Training Provider to immediately terminate an the arrangement with a relevant subcontracted RTO if the subcontracted RTOregistered training organisation's VET Funding Contract with the Department is suspended or terminated. 5.7. 6.10 The RTO Training Provider acknowledges that, pursuant to Clause 5.9, it must ensure that the details of any trainers and/or assessors engaged through a subcontractor are included on the Training Provider’s Register of Trainers and Assessors. 6.11 The Training Provider represents and warrants to the Department on every day during the Term that all subcontractors it will use uses under this VET Funding Contract have appropriate qualifications and skills and are suitably experienced and capable of providing Training Services as required by this VET Funding Contract. 5.8. 6.12 The Training Provider acknowledges and agrees the Department may direct the Training Provider to cease, or otherwise vary the scope of, an arrangement to subcontract some or all of the Training Services, including an arrangement entered into pursuant to Clause 6.2. 6.13 If the RTO Training Provider subcontracts the provision of some or all of its performance of the Training Services Services, it: a) must ensure that any subcontract entered into: i) prohibits further subcontracting by the subcontractor; ii) requires the subcontractor to provide all necessary assistance, documentation and information that is required under this VET Funding Contract; iii) permits the RTO Training Provider to immediately suspend the subcontract if the RTOTraining Provider's VET Funding Contract with the Department is suspended; iv) permits the RTO Training Provider to immediately terminate the subcontract if the RTOTraining Provider's VET Funding Contract with the Department is terminated; and v) otherwise permits the RTO Training Provider to comply with its obligations under this VET Funding ContractContract (including its obligations to ensure that any subcontractor cooperates and assists with any audit, review or investigation under Clause 11); b) must provide a copy of the executed subcontract agreement to the Department if requested; c) retains prime responsibility for all of its obligations under this VET Funding Contract and any subcontract arrangement does not relieve the RTO Training Provider of any of its liabilities or obligations under this VET Funding Contract or to otherwise provide the Training Services to an Eligible IndividualServices; d) is responsible for ensuring the suitability of the subcontractor and for ensuring that any work performed by the subcontractor meets the requirements of this VET Funding Contract; e) is liable to the Department for the acts, or omissions or negligence of any subcontractor (or any employee, officer or agent of the subcontractor) as if they were the acts, or omissions or negligence, of the RTO Training Provider (or the employees, officers or agents of the RTOTraining Provider); f) indemnifies (and must keep indemnified) the Department against any or all Loss arising from any acts or omissions by any subcontractor in connection with, or in the course of, the provision of the Training Services to an Eligible Individual or any breach of this VET Funding ContractContract (whether or not the breach is a Material Breach); g) acknowledges that the Department is not liable for the RTOTraining Provider's subcontractor arrangements and will not become involved in the internal administration of subcontracts or act as a mediator between the RTO Training Provider and any subcontractor;; and h) acknowledges that all costs associated with any subcontract are the responsibility of the RTO; and i) must ensure that any subcontractor assists, if requested by the Department or its auditors or reviewers, with any audits or reviews under Clause 10 of this VET Funding ContractTraining Provider.

SUBCONTRACTING OF THE TRAINING SERVICES. Training and assessment 5.1. The RTO may must not subcontract any aspect of the Pre-Training Review, training and assessment to another RTO that holds a current year VET Funding Contract with the Department. In such circumstances, both the RTO and the subcontracted RTO must have the relevant Funded Scopeor assessment. 5.2. The Where a sole trader is engaged as an individual by the RTO may only subcontract training and assessment to: a) an RTO that directly to conduct the role of trainer or assessor, this does not hold represent a current year VET Funding Contract; and/orsubcontracting arrangement as defined under this Clause 5. b) an entity that is not an RTO with the prior written approval of the Department5.3. For the avoidance of doubt, a franchise, labour hire or other similar arrangement is considered to be subcontracting for the Department has absolute discretion in approving or not approving a request made under purposes of this Clause 5.2. 5.3. The RTO may only subcontract some or all assessment relating to Recognition of Prior Learning (RPL) if both the RTO and the subcontracted RTO are on the RPL Approved Provider List. For the avoidance of doubt, the RTO may not subcontract assessment relating to RPL to an entity that is not an RTOVET Funding Contract. 5.4. The RTO may only subcontract some or all training and assessment relating to courses and qualifications must ensure that the details of any trainers and/or assessors engaged through an arrangement described in Clause 5.2 are included on the Foundation Skills List (except Literacy RTO’s Register of Trainers and Numeracy Support) if both the RTO and the subcontracted RTO are on the Foundation Skills Approved Provider List. For the avoidance of doubt, the RTO may not subcontract training and assessment relating to courses and qualifications on the Foundation Skills List (except Literacy and Numeracy Support) to an entity that is not an RTO. This Clause 5.4 applies for all such courses and qualifications commencing from a date specified by the Department following publication of the Foundation Skills Approved Provider ListAssessor. 5.5. The RTO must ensure that each Eligible Individual who receives training and assessment under a subcontract arrangement under this Clause 5 is aware that they are enrolled with the RTO, not the subcontracted party. 5.6. A subcontract arrangement entered into under Clauses 5.1, 5.3 or 5.4 must be on terms that the RTO may immediately terminate an arrangement with a relevant subcontracted RTO if the subcontracted RTO's VET Funding Contract with the Department is suspended or terminated. 5.7. The RTO represents and warrants to the Department that all subcontractors any individuals it will use under this VET Funding Contract employ in accordance with Clause 5.2 will have appropriate qualifications and skills and are suitably experienced and capable of providing Training Services as required by this VET Funding Contract. 5.85.6. The RTO acknowledges and agrees that the Department may direct the RTO to cease, or otherwise vary the scope of, an arrangement to engage an individual to undertake some or all of the Training Services, including, without limitation, an arrangement that is allowed under Clause 5.2. 5.7. If the RTO subcontracts the provision of some or all of its performance any aspect of the Training Services not prohibited under Clause 5.1, it: a) must ensure that any subcontract entered into: i) prohibits further subcontracting by the subcontractor; ii) requires the subcontractor to provide all necessary assistance, documentation and information that is required under this VET Funding Contract; iii) permits the RTO to immediately suspend the subcontract if the RTO's VET Funding Contract with the Department is suspended; iv) permits the RTO to immediately terminate the subcontract if the RTO's VET Funding Contract with the Department is terminated; and v) otherwise permits the RTO to comply with its obligations under this VET Funding Contract; b) must provide a copy of the executed subcontract agreement to the Department if requested; c) retains prime responsibility for all of its obligations under this VET Funding Contract and any subcontract arrangement does not relieve the RTO of any of its liabilities or obligations under this VET Funding Contract or to otherwise provide the Training Services to an Eligible Individual; d) is responsible for ensuring the suitability of the subcontractor and for ensuring that any work performed by the subcontractor meets the requirements of this VET Funding Contract; e) is liable to the Department for the acts, or omissions or negligence of any subcontractor (or any employee, officer or agent of the subcontractor) as if they were the acts, or omissions or negligence, of the RTO (or the employees, officers or agents of the RTO); f) indemnifies (and must keep indemnified) the Department against any or all Loss arising from any acts or omissions by any subcontractor in connection with, or in the course of, the provision of the Training Services to an Eligible Individual or any breach of this VET Funding Contract; g) acknowledges that the Department is not liable for the RTO's subcontractor arrangements and will not become involved in the internal administration of subcontracts or act as a mediator between the RTO and any subcontractor; h) acknowledges that all costs associated with any subcontract are the responsibility of the RTO; and i) must ensure that any subcontractor assists, if requested by the Department or its auditors or reviewers, with any audits or reviews under Clause 10 of this VET Funding Contract.