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

TERM OF THIS VET FUNDING CONTRACT. Subject to Clause 2.2, the term of this VET Funding Contract will begin on the Commencement Date and continues, in the case of each Eligible Individual to whom the Training Services are being provided by the RTO and in respect of whom the Funds are provided by the Department, until all relevant Eligible Individuals have completed or withdrawn from the relevant training course or qualification in which they are enrolled (the Term). The provisions of this VET Funding Contract only operate during the Term, except where this VET Funding Contract specifies otherwise. For the avoidance of doubt, any Eligible Individual must commence a training course or qualification with the RTO between the Commencement Date and 31 December 2016. The Department may take account of the RTO’s performance (including at audit or review) in any calendar year when considering future contractual arrangements with the RTO. GENERAL OBLIGATIONS OF RTO Maintain registration and standards The RTO must, as applicable to and for the RTO: 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; or if the RTO did not have a principal place of business with a physical site in Victoria at the Commencement Date of this VET Funding Contract but held a 2011 Skills for Victoria Service Agreement, a 2012 Skills for Victoria Service Agreement and a 2013 Service Agreement with the Department, maintain registration as a registered training organisation under the National Act; maintain at least one (1) nationally recognised qualification for delivery on its scope of registration; maintain and use AVETMISS compliant software for reporting purposes; deliver nationally recognised training on its Funded Scope and in accordance with the requirements of the accredited course or endorsed national training package and consistent with purchasing guides, directions or policies issued by the Department; comply with the AQTF and/or the VET Quality Framework including the Standards for NVR Registered Training Organisations as applicable; and have a valid ABN and keep the Department indemnified against any loss arising out of the cancellation of the ABN. Comply with laws The RTO 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; comply with the requirements of, and pay all fees and bear all costs connected with all applicable laws and regulations, including without limitation all relevant privacy, anti-discrimination and equal opportunity legislation, the Disability Act 2006 and the Working With Children Act 2005; and if the RTO is not a Public Authority, comply with the requirements of the Charter of Human Rights and Responsibilities Act 2006 (Vic) 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 s 4 (c) of the Charter. Act ethically The RTO must: act ethically; make all reasonable efforts to work and communicate effectively with and maintain the confidence of, all stakeholders affected by 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 Victorian government subsidised training market, the Department or the State’s name or reputation. In this context, this clause encompasses notions such as: behaving honestly and in a way that upholds the objects and values of the Victorian Training Guarantee Program; not behaving in a manner that damages the public confidence in the integrity of the Victorian Training Guarantee Program; knowing and complying with all policies, procedures and guidelines that relate to the performance by the RTO of its obligations under this VET Funding Contract, including the Statement of Expectations; and not making improper use of the position of trust placed in the RTO in the appropriate expenditure of substantial amounts of public moneys for vocational education and training; not pay or offer, either directly or indirectly, Incentives to undertake government subsidised training; and not engage, employ, contract or otherwise deal with any Relevant Person that within three (3) years prior to the Commencement Date: had a contract for government subsidised training delivery with the Department terminated prior to the expiration date on the basis of performance; or had its registration under the Act or 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 those under this VET Funding Contract; or was responsible, via their acts or omissions, for any of the matters raised in sub-clause 3.3(e) occurring to another person or entity. Be accountable The RTO 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; comply with all requirements in Schedule 1 of this VET Funding Contract, including in relation to determining eligibility, retaining Evidence of Eligibility, completing enrolments, levying and collecting tuition fees, application of tuition fee concessions and waivers, Evidence of Concession/Waiver/Exemption, Evidence of Participation, and otherwise meeting the relevant specifications and performance standards; ensure that all persons employed or engaged by the RTO to provide the Training Services to each Eligible Individual are aware of all obligations under this VET Funding Contract as appropriate; unless this VET Funding Contract otherwise provides, provide the Training Services to 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 to each Eligible Individual and receipt of the Funds from the Department; not, in providing the Training Services to each Eligible Individual, do any act or undertake any process which would infringe an Intellectual Property right of the Department, the State or any other person or body; immediately notify the Department in writing of any significant changes to its ownership or operations (including its financial viability and any intention or decision to cease operations as an RTO in Victoria); and participate in: any performance improvement initiatives as reasonably determined by the Department, including the introduction of performance targets to be met by the RTO over a reasonable time period; and the National Student Outcomes Survey managed by the National Centre for Vocational Education and Research (NCVER). PROVISION OF THE TRAINING SERVICES The RTO must: provide high quality Training Services, including training and assessment and robust administrative processes to support contract compliance; have strong links to industry; provide support to Eligible Individuals; provide the Training Services in a proper, timely and efficient manner using the standard of care, skill, diligence, prudence and foresight that would reasonably be expected from an expert and experienced provider of Training Services; demonstrate the highest ethical standards in its dealings and conduct in the provision of the Training Services; and ensure each Eligible Individual is made aware in circumstances where they are accessing their Victorian Training Guarantee entitlement that this may impact their access to further government subsidised training. The RTO must provide the Training Services to each Eligible Individual: in accordance with any schedules of this VET Funding Contract and any applicable directions, policies or procedures issued by the Department and/or the State from time to time (including as set out in any Contract Notifications or Executive Memoranda, the contents of which the RTO acknowledges and agrees will form part of this VET Funding Contract and will prevail over the requirements of this VET Funding Contract including any schedules to the extent that they are expressed to do so or to the extent that they are inconsistent with those requirements); and within the State of Victoria, and to an Eligible Individual 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 being temporarily located interstate or overseas for a defined period. During this defined period, no more than 50% of the total scheduled hours applying to the Training Services in which the Eligible Individual is enrolled may be delivered online. Foundation Skills Approved Provider List The RTO acknowledges and agrees that, in order to retain courses from the Foundation Skills List (except Literacy and Numeracy Support) on its Funded Scope, it will need to participate in a process to be advised by the Department and be deemed suitable for inclusion on the Foundation Skills Approved Provider List. For the avoidance of doubt, the RTO will have the relevant courses removed from its Funded Scope from the applicable date, being either: the day after the application closing date for the process, if the RTO does not participate in the process; or the date specified by the Department following publication of the Foundation Skills Approved Provider List, if the RTO participates in the process but is evaluated as not meeting the required standard. Where this Clause 4.4 applies, the RTO will be unable to commence any students in courses from the Foundation Skills List (except Literacy and Numeracy Support) under this VET Funding Contract from the applicable date. SUBCONTRACTING OF THE TRAINING SERVICES Training and assessment 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. The RTO may only subcontract training and assessment to: an RTO that does not hold a current year VET Funding Contract; and/or 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. 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. 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. 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. 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. All subcontracting arrangements 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. If the RTO subcontracts the provision of some or all of its performance of the Training Services it: must ensure that any subcontract entered into: prohibits further subcontracting by the subcontractor; requires the subcontractor to provide all necessary assistance, documentation and information that is required under this VET Funding Contract; permits the RTO to immediately suspend the subcontract if the RTO's VET Funding Contract with the Department is suspended; permits the RTO to immediately terminate the subcontract if the RTO's VET Funding Contract with the Department is terminated; and otherwise permits the RTO to comply with its obligations under this VET Funding Contract; must provide a copy of the executed subcontract agreement to the Department if requested; 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; 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; 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); 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; 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; acknowledges that all costs associated with any subcontract are the responsibility of the RTO; and 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.

TERM OF THIS VET FUNDING CONTRACT. Subject to Clause 2.2, the term of this VET Funding Contract will begin on the Commencement Date and continues, : in the case of each Eligible Individual to whom the Training Services are being provided by the RTO and in respect of whom the Funds are provided by the Department, until all relevant Eligible Individuals have completed or withdrawn from the relevant training course or qualification in which they are enrolled (enrolled; in the Term)case of eligible NSW Apprentices under Schedule 2 of this VET Funding Contract, to whom the Training Services are being provided by the RTO, and in respect of whom the Funds are provided by the Department, until all relevant individuals have completed or withdrawn from the relevant training course or qualification in which they are enrolled; and/or in the case of Schedules 3 and 4 of this VET Funding Contract, until a date specified in the relevant schedule. The provisions of this VET Funding Contract only operate during the Term, except where this VET Funding Contract specifies otherwise. For the avoidance of doubt, any in reference to Clause 2.1a), Eligible Individual Individuals must commence a training course or qualification with the RTO between the Commencement Date and 31 December 2016. The Department may take account of the RTO’s performance (including at audit or review) in any calendar year when considering future contractual arrangements with the RTO. GENERAL OBLIGATIONS OF RTO Maintain registration and standards The RTO must, as applicable to and for the RTO: 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; or if the RTO did not have a principal place of business with a physical site in Victoria at the Commencement Date of this VET Funding Contract but held a 2011 Skills for Victoria Service Agreement, a 2012 Skills for Victoria Service Agreement and a 2013 Service Agreement with the Department, maintain registration as a registered training organisation under the National Act; maintain at least one (1) nationally recognised qualification for delivery on its scope of registration; maintain and use AVETMISS compliant software for reporting purposes; deliver nationally recognised training on its Funded Scope and in accordance with the requirements of the accredited course or endorsed national training package and consistent with purchasing guides, directions or policies issued by the Department; comply with the AQTF and/or the VET Quality Framework including the Standards for NVR Registered Training Organisations as applicable; and have a valid ABN and keep the Department indemnified against any loss arising out of the cancellation of the ABN. Comply with laws The RTO 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; comply with the requirements of, and pay all fees and bear all costs connected with all applicable laws and regulations, including without limitation all relevant privacy, anti-discrimination and equal opportunity legislation, the Disability Act 2006 Xxx 0000 and the Working With Children Act 2005Xxx 0000; and if the RTO is not a Public Authority, comply with the requirements of the Charter of Human Rights and Responsibilities Act 2006 Xxx 0000 (Vic) 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 s 4 (c) of the Charter. Act ethically The RTO must: act ethically; make all reasonable efforts to work and communicate effectively with and maintain the confidence of, all stakeholders affected by 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 Victorian government subsidised training market, the Department or the State’s name or reputation. In this context, this clause encompasses notions such as: behaving honestly and in a way that upholds the objects and values of the Victorian Training Guarantee Program; not behaving in a manner that damages the public confidence in the integrity of the Victorian Training Guarantee Program; knowing and complying with all policies, procedures and guidelines that relate to the performance by the RTO of its obligations under this VET Funding Contract, including the Statement of Expectations; and not making improper use of the position of trust placed in the RTO in the appropriate expenditure of substantial amounts of public moneys for vocational education and training; not pay or offer, either directly or indirectly, Incentives to undertake government subsidised training; and not engage, employ, contract or otherwise deal with any Relevant Person that within three (3) years prior to the Commencement Date: had a contract for government subsidised training delivery with the Department terminated prior to the expiration date on the basis of performance; or had its registration under the Act or 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 those under this VET Funding Contract; or was responsible, via their acts or omissions, for any of the matters raised in sub-clause 3.3(e) occurring to another person or entity. Be accountable The RTO 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; comply with all requirements in Schedule 1 of this VET Funding Contract, including in relation to determining eligibility, retaining Evidence of Eligibility, completing enrolments, levying and collecting tuition fees, application of tuition fee concessions and waivers, Evidence of Concession/Waiver/Exemption, Evidence of Participation, and otherwise meeting the relevant specifications and performance standards; ensure that all persons employed or engaged by the RTO to provide the Training Services to each Eligible Individual are aware of all obligations under this VET Funding Contract as appropriate; unless this VET Funding Contract otherwise provides, provide the Training Services to 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, or on matters that reasonably relate to providing the Training Services; 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 to each Eligible Individual and receipt of the Funds from the Department; not, in providing the Training Services to each Eligible Individual, do any act or undertake any process which would infringe an Intellectual Property right of the Department, the State or any other person or body; immediately notify the Department in writing of any significant changes to its ownership or operations (including its financial viability and any intention or decision to cease operations as an RTO in Victoria); and participate in: any performance improvement initiatives as reasonably determined by the Department, including the introduction of performance targets to be met by the RTO over a reasonable time period; and the National Student Outcomes Survey managed by the National Centre for Vocational Education and Research (NCVER). PROVISION OF THE TRAINING SERVICES The RTO must: provide high quality Training Services, including training and assessment and robust administrative processes to support contract compliance; have strong links to industry; provide support to Eligible Individuals; provide the Training Services in a proper, timely and efficient manner using the standard of care, skill, diligence, prudence and foresight that would reasonably be expected from an expert and experienced provider of Training Services; demonstrate the highest ethical standards in its dealings and conduct in the provision of the Training Services; and ensure each Eligible Individual is made aware in circumstances where they are accessing their Victorian Training Guarantee entitlement that this may impact their access to further government subsidised training. The RTO must provide the Training Services to each Eligible Individual: in accordance with any schedules of this VET Funding Contract and any applicable directions, policies or procedures issued by the Department and/or the State from time to time (including as set out in any Contract Notifications or Executive Memoranda, the contents of which the RTO acknowledges and agrees will form part of this VET Funding Contract and will prevail over the requirements of this VET Funding Contract including any schedules to the extent that they are expressed to do so or to the extent that they are inconsistent with those requirements); and within the State of Victoria, and to an Eligible Individual 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 being temporarily located interstate or overseas for a defined period. During this defined period, no more than 50% of the total scheduled hours applying to the Training Services in which the Eligible Individual is enrolled may be delivered online. Foundation Skills Approved Provider List The RTO acknowledges and agrees that, in order to retain courses from the Foundation Skills List (except Literacy and Numeracy Support) on its Funded Scope, it will need to participate in a process to be advised by the Department and be deemed suitable for inclusion on the Foundation Skills Approved Provider List. For the avoidance of doubt, the RTO will have the relevant courses removed from its Funded Scope from the applicable date, being either: the day after the application closing date for the process, if the RTO does not participate in the process; or the date specified by the Department following publication of the Foundation Skills Approved Provider List, if the RTO participates in the process but is evaluated as not meeting the required standard. Where this Clause 4.4 applies, the RTO will be unable to commence any students in courses from the Foundation Skills List (except Literacy and Numeracy Support) under this VET Funding Contract from the applicable date. SUBCONTRACTING OF THE TRAINING SERVICES Training and assessment 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. The RTO may only subcontract training and assessment to: an RTO that does not hold a current year VET Funding Contract; and/or 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. 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. 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. 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. 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. All subcontracting arrangements 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. If the RTO subcontracts the provision of some or all of its performance of the Training Services it: must ensure that any subcontract entered into: prohibits further subcontracting by the subcontractor; requires the subcontractor to provide all necessary assistance, documentation and information that is required under this VET Funding Contract; permits the RTO to immediately suspend the subcontract if the RTO's VET Funding Contract with the Department is suspended; permits the RTO to immediately terminate the subcontract if the RTO's VET Funding Contract with the Department is terminated; and otherwise permits the RTO to comply with its obligations under this VET Funding Contract; must provide a copy of the executed subcontract agreement to the Department if requested; 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; 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; 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); 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; 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; acknowledges that all costs associated with any subcontract are the responsibility of the RTO; and 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.

TERM OF THIS VET FUNDING CONTRACT. Subject to Clause 2.2, the term of this VET Funding Contract will begin on the Commencement Date and continues, in the case of each Eligible Individual to whom the Training Services are being provided by the RTO and in respect of whom the Funds are provided by the Department, until all relevant Eligible Individuals have completed or withdrawn from the relevant training course or qualification in which they are enrolled (the Term). The provisions of this VET Funding Contract only operate during the Term, except where this VET Funding Contract specifies otherwise. For the avoidance of doubt, any Eligible Individual must commence a training course or qualification with the RTO between the Commencement Date and 31 December 20162014. The Department may take account of the RTO’s performance (including at audit or review) in any calendar year when considering future contractual arrangements with the RTO. GENERAL OBLIGATIONS OF RTO Maintain registration and standards The RTO must, as applicable to and for the RTO: 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; or if the RTO did not have a principal place of business with a physical site in Victoria at the Commencement Date of this VET Funding Contract but held a 2011 Skills for Victoria Service Agreement, a 2012 Skills for Victoria Service Agreement and a 2013 Service Agreement with the Department, maintain registration as a registered training organisation under the National Act; maintain at least one (1) nationally recognised qualification for delivery on its scope of registration; maintain and use AVETMISS compliant software for reporting purposes; deliver nationally recognised training on its Funded Scope and in accordance with the requirements of the accredited course or endorsed national training package and consistent with purchasing guides, directions or policies issued by the Department; comply with the AQTF and/or the VET Quality Framework including the Standards for NVR Registered Training Organisations as applicable; and have a valid ABN and keep the Department indemnified against any loss arising out of the cancellation of the ABN. Comply with laws The RTO 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; comply with the requirements of, and pay all fees and bear all costs connected with all applicable laws and regulations, including without limitation all relevant privacy, anti-discrimination and equal opportunity legislation, the Disability Act 2006 and the Working With Children Act 2005; and if the RTO is not a Public Authority, comply with the requirements of the Charter of Human Rights and Responsibilities Act 2006 (Vic) 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 s 4 (c) of the Charter. Act ethically The RTO must: act ethically; make all reasonable efforts to work and communicate effectively with and maintain the confidence of, all stakeholders affected by 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 Victorian government subsidised training market, the Department or the State’s name or reputation. In this context, this clause encompasses notions such as: behaving honestly and in a way that upholds the objects and values of the Victorian Training Guarantee Program; not behaving in a manner that damages the public confidence in the integrity of the Victorian Training Guarantee Program; knowing and complying with all policies, procedures and guidelines that relate to the performance by the RTO of its obligations under this VET Funding Contract, including the Statement of Expectations; and not making improper use of the position of trust placed in the RTO in the appropriate expenditure of substantial amounts of public moneys for vocational education and training; not pay or offer, either directly or indirectly, Incentives to undertake government subsidised training; and not engage, employ, contract or otherwise deal with any Relevant Person that within three (3) years prior to the Commencement Date: had a contract for government subsidised training delivery with the Department terminated prior to the expiration date on the basis of performance; or had its registration under the Act or 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 those under this VET Funding Contract; or was responsible, via their acts or omissions, for any of the matters raised in sub-clause 3.3(e) occurring to another person or entity. Be accountable The RTO 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; comply with all requirements in Schedule 1 of this VET Funding Contract, including in relation to determining eligibility, retaining Evidence of Eligibility, completing enrolments, levying and collecting tuition fees, application of tuition fee concessions and waivers, Evidence of Concession/Waiver/Exemption, Evidence of Participation, and otherwise meeting the relevant specifications and performance standards; ensure that all persons employed or engaged by the RTO to provide the Training Services to each Eligible Individual are aware of all obligations under this VET Funding Contract as appropriate; unless this VET Funding Contract otherwise provides, provide the Training Services to 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 to each Eligible Individual and receipt of the Funds from the Department; not, in providing the Training Services to each Eligible Individual, do any act or undertake any process which would infringe an Intellectual Property right of the Department, the State or any other person or body; immediately notify the Department in writing of any significant changes to its ownership or operations (including its financial viability and any intention or decision to cease operations as an RTO in Victoria); and participate in: any performance improvement initiatives as reasonably determined by the Department, including the introduction of performance targets to be met by the RTO over a reasonable time period; and the National Student Outcomes Survey managed by the National Centre for Vocational Education and Research (NCVER). PROVISION OF THE TRAINING SERVICES The RTO must: provide high quality Training Services, including training and assessment and robust administrative processes to support contract compliance; have strong links to industry; provide support to Eligible Individuals; provide the Training Services in a proper, timely and efficient manner using the standard of care, skill, diligence, prudence and foresight that would reasonably be expected from an expert and experienced provider of Training Services; demonstrate the highest ethical standards in its dealings and conduct in the provision of the Training Services; and ensure each Eligible Individual is made aware in circumstances where they are accessing their Victorian Training Guarantee entitlement that this may impact their access to further government subsidised training. The RTO must provide the Training Services to each Eligible Individual: in accordance with any schedules of this VET Funding Contract and any applicable directions, policies or procedures issued by the Department and/or the State from time to time (including as set out in any Contract Notifications or Executive Memoranda, the contents of which the RTO acknowledges and agrees will form part of this VET Funding Contract and will prevail over the requirements of this VET Funding Contract including any schedules to the extent that they are expressed to do so or to the extent that they are inconsistent with those requirements); and within the State of Victoria, and to an Eligible Individual 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 being temporarily located interstate or overseas for a defined period. During this defined period, no more than 50% of the total scheduled hours applying to the Training Services in which the Eligible Individual is enrolled may be delivered online. Foundation Skills Approved Provider List The RTO acknowledges and agrees that, in order to retain courses from the Foundation Skills List (except Literacy and Numeracy Support) on its Funded Scope, it will need to participate in a process to be advised by the Department and be deemed suitable for inclusion on the Foundation Skills Approved Provider List. For the avoidance of doubt, the RTO will have the relevant courses removed from its Funded Scope from the applicable date, being either: the day after the application closing date for the process, if the RTO does not participate in the process; or the date specified by the Department following publication of the Foundation Skills Approved Provider List, if the RTO participates in the process but is evaluated as not meeting the required standard. Where this Clause 4.4 applies, the RTO will be unable to commence any students in courses from the Foundation Skills List (except Literacy and Numeracy Support) under this VET Funding Contract from the applicable date. SUBCONTRACTING OF THE TRAINING SERVICES Training and assessment 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. The RTO may only subcontract training and assessment to: an RTO that does not hold a current year VET Funding Contract; and/or 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. 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. 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. 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. 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. All subcontracting arrangements 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. If the RTO subcontracts the provision of some or all of its performance of the Training Services it: must ensure that any subcontract entered into: prohibits further subcontracting by the subcontractor; requires the subcontractor to provide all necessary assistance, documentation and information that is required under this VET Funding Contract; permits the RTO to immediately suspend the subcontract if the RTO's VET Funding Contract with the Department is suspended; permits the RTO to immediately terminate the subcontract if the RTO's VET Funding Contract with the Department is terminated; and otherwise permits the RTO to comply with its obligations under this VET Funding Contract; must provide a copy of the executed subcontract agreement to the Department if requested; 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; 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; 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); 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; 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; acknowledges that all costs associated with any subcontract are the responsibility of the RTO; and 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.