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in respect of whom the Funds are provided by the Department, until: all relevant Eligible Individuals have completed or withdrawn from the relevant training course or qualification in which they are enrolled; or such time as there has been no training activity reported against this VET Funding Contract for any continuous period of 12 months after 15 January 2017, unless, no later than 30 days before the expiry of the 12 month period, the RTO notifies the Department that one or more relevant Eligible Individuals remain enrolled in a relevant training course or qualification; or notwithstanding any other part of this Clause 2.1, as otherwise agreed in writing by the Department (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, unless otherwise agreed in writing by the Department; and 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; a 2013 Service Agreement; a 2014 VET Funding Contract with the Department; and a 2015 VET Funding Contract, 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: in accordance with the requirements of the accredited course or endorsed national training package; having regard to course/qualification descriptions, pathways information, entry requirements and outcomes; 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 Xxx 0000 and the Working With Children Xxx 0000; and if the RTO is not a Public Authority, comply with the requirements of the Charter of Human Rights and Responsibilities 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, provide or offer, either directly or indirectly, Incentives to to undertake government subsidised training, whether to an Eligible Individual or to an entity (such as an employer or social organisation); and not engage, employ, contract or otherwise deal with any Relevant Person that since 1 January 2011: was party to a contract with the Department regarding government subsidised training which the Department terminated for any reason other than for a matter provided for in Clauses 18.3(f) and 18.3(g); 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 a Relevant Person at 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 for a matter provided for in Clauses 18.3(f) and 18.3(g); 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 it delivers a Volume of Learning in line with recommendations in the AQF and/or the relevant Purchasing Guide or course curriculum; ensure that the Amount of Training must be in accordance with Standard 1 of the Standards for Registered Training Organisations (RTOs) 2015 and the Users’ Guide to the Standards for Registered Training Organisations (RTOs) 2015, and the RTO 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 or review conducted under Clause 10; 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, CEO (or equivalent) or operations (including its financial viability and any intention or decision to cease operations as an RTO in Victoria); 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); and promptly notify the Department if, at any time after the making of the RTO’s initial response to the Expression of Interest Process, the RTO becomes subject to an Insolvency Event or if any event occurs to which Clause 18.3g) or 18.3i) applies. The RTO acknowledges and agrees that the Department (or persons authorised by the Department) may from time to time contact persons in relation to whom the RTO 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 RTO's compliance and performance under this VET Funding Contract. PROVISION OF THE TRAINING SERVICES The RTO must deliver high quality Training Services in accordance with this VET Funding Contract including but not limited to the requirements of the Quality Charter. The RTO 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 and the Quality Charter; provide information about course offerings, fees, support and the impact on an Eligible Individual’s VTG entitlement in accordance with Clause 4.1 and 6 of Schedule 1, the Guidelines about Determining Student Eligibility and Supporting Evidence and the Guidelines about Fees; test any individual’s eligibility for government subsidised training and any relevant concession or exemption/waiver on tuition fees in accordance with Clauses 2, 3 and 6 of Schedule 1 and the Guidelines about Determining Student Eligibility and Supporting Evidence; conduct the Pre-Training Review in accordance with Clause 5 of Schedule 1 and the VTG Quality Charter; conduct enrolment processes required including in accordance with Clause 4 of Schedule 1, the Quality Charter and the Guidelines about Determining Student Eligibility and Supporting Evidence; develop and document the Training Plan in accordance with Clause 7 of Schedule 1; levy fees, including any concessions, exemptions or waivers, including in accordance with Clause 6 of Schedule 1; collect and maintain evidence relating to (a) to (g) above as required under this VET Funding Contract; have strong links to industry; provide support to Eligible Individuals; report data and other information to the Department including in accordance with Clause 12 of Schedule 1; and demonstrate the highest ethical standards in its dealings and conduct in the provision of the Training Services. The RTO must provide the Training Services to each Eligible Individual 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.

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; or such time as there has been no training activity reported against Schedule 1 of this VET Funding Contract for any continuous period of 12 months after 15 January 2017, unless, no later than 30 days before the expiry of the 12 month period, the RTO notifies the Department that one or more relevant Eligible Individuals remain enrolled in a relevant training course or qualification; or notwithstanding any other part of this Clause 2.1, as otherwise agreed in writing by the Department Department; in the 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 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, unless otherwise agreed in writing by the Department; and 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; a 2013 Service Agreement; a 2014 VET Funding Contract with the Department; and a 2015 VET Funding Contract, 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: in accordance with the requirements of the accredited course or endorsed national training package; having regard to course/qualification descriptions, pathways information, entry requirements and outcomes; 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 Xxx 0000 and the Working With Children Xxx 0000; and if the RTO is not a Public Authority, comply with the requirements of the Charter of Human Rights and Responsibilities 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, provide or offer, either directly or indirectly, Incentives to to undertake government subsidised training, whether to an Eligible Individual or to an entity (such as an employer or social organisation); and not engage, employ, contract or otherwise deal with any Relevant Person that since 1 January 2011: was party to a contract with the Department regarding government subsidised training which the Department terminated for any reason other than for a matter provided for in Clauses 18.3(f) and 18.3(g); or 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 a Relevant Person at 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 for a matter provided for in Clauses 18.3(f) and 18.3(g); 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. This Clause 3.3(e) does not apply to an employment or other contractual relationship with a Relevant Person where: the Commencement Date is earlier than 1 January 2015; the employment or other contractual relationship with the Relevant Person commenced earlier than 1 January 2015; and, when it commenced, it did not contravene the terms of this VET Funding Contract as they applied at that time. 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, Participation and otherwise meeting the relevant specifications and performance standards; ensure that it delivers a Volume of Learning in line with recommendations in the AQF and/or the relevant Purchasing Guide or course curriculum; ensure that the Amount of Training must be in accordance with Standard 1 of the Standards for Registered Training Organisations (RTOs) 2015 and the Users’ Guide to the Standards for Registered Training Organisations (RTOs) 2015, and the RTO 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 or review conducted under Clause 10; 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, CEO (or equivalent) 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); and promptly notify the Department if, at any time after the making of the RTO’s initial response to the Expression of Interest Process, the RTO becomes subject to an Insolvency Event or if any event occurs to which Clause 18.3g) or 18.3i) applies. The RTO acknowledges and agrees that the Department (or persons authorised by the Department) may from time to time contact persons in relation to whom the RTO 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 RTO's compliance and performance under this VET Funding Contract. PROVISION OF THE TRAINING SERVICES The RTO must deliver high quality Training Services in accordance with this VET Funding Contract including but not limited to the requirements of the Quality Charter. The RTO must: deliver student attraction activities including marketing provide high quality Training Services, including: training and advertising in relation to any aspect of this VET Funding Contract in accordance with Clause 1 of Schedule 1 assessment that is suitable and the Quality Charter; provide information about course offerings, fees, support and the impact on an appropriate for each Eligible Individual’s VTG entitlement in accordance with Clause 4.1 , where: suitable means the training and 6 of Schedule 1, assessment meets the Guidelines about Determining Student Eligibility and Supporting Evidence and the Guidelines about Fees; test any individual’s eligibility for government subsidised needs, links to likely job and/or participation outcomes and minimises duplication of the individual’s existing competencies; and appropriate means the training and any relevant concession or exemption/waiver on tuition fees in accordance with Clauses 2assessment is delivered to regulatory and industry standards, 3 uses delivery modes and 6 of Schedule 1 durations optimised for the individual’s needs and includes reasonable support to facilitate the Guidelines about Determining Student Eligibility individual’s participation and Supporting Evidenceattainment; conduct the Pre-Training Review in accordance with Clause 5 of Schedule 1 and the VTG Quality Charter; conduct enrolment robust administrative processes required including in accordance with Clause 4 of Schedule 1, the Quality Charter and the Guidelines about Determining Student Eligibility and Supporting Evidence; develop and document the Training Plan in accordance with Clause 7 of Schedule 1; levy fees, including any concessions, exemptions or waivers, including in accordance with Clause 6 of Schedule 1; collect and maintain evidence relating to (a) to (g) above as required under this VET Funding Contractsupport contract compliance; have strong links to industry; provide support to Eligible Individuals; report data provide the Training Services in a proper, timely and other information to efficient manner using the Department including in accordance with Clause 12 standard of Schedule 1care, skill, diligence, prudence and foresight that would reasonably be expected from an expert and experienced provider of Training Services; and 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 how this may impact their access to further government subsidised training. The RTO must provide the Training Services to each Eligible Individual 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. The RTO acknowledges and agrees that: the Department in its absolute discretion may add or remove a course or qualification from the RTO’s Funded Scope; 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 RTO may be required to participate in a capability or quality assurance process to be determined by the Department; and if the RTO does not participate in the process or does not meet the required standard, the Department may remove relevant courses from the RTO’s Funded Scope and/or direct the RTO to cease enrolments in respect of Eligible Individuals that meet characteristics defined by the Department.

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; or such time as there has been no training activity reported against this VET Funding Contract for any continuous period of 12 months after 15 January 2017, unless, no later than 30 days before the expiry of the 12 month period, the RTO notifies the Department that one or more relevant Eligible Individuals remain enrolled in a relevant training course or qualification; or notwithstanding any other part of this Clause 2.1, as otherwise agreed in writing by the Department (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, unless otherwise agreed in writing by the Department; and 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; a 2014 VET Funding Contract Agreement with the Department; and a 2015 VET Funding Contract, 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: in accordance with the requirements of the accredited course or endorsed national training package; having regard to course/qualification descriptions, pathways information, entry requirements and outcomes; 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 Xxx 0000 and the Working With Children Xxx 0000; and if the RTO is not a Public Authority, comply with the requirements of the Charter of Human Rights and Responsibilities 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, provide or offer, either directly or indirectly, Incentives to to undertake government subsidised training, whether to an Eligible Individual or to an entity (such as an employer or social organisation); and not engage, employ, contract or otherwise deal with any Relevant Person that since 1 January 2011: was party to a contract with the Department regarding government subsidised training which the Department terminated for any reason other than for a matter provided for in Clauses 18.3(f) and 18.3(g); 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 a Relevant Person at 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 for a matter provided for in Clauses 18.3(f) and 18.3(g); 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. This Clause 3.3(e) does not apply to an employment or other contractual relationship with a Relevant Person where: the Commencement Date is earlier than 1 January 2015; the employment or other contractual relationship with the Relevant Person commenced earlier than 1 January 2015; and, when it commenced, it did not contravene the terms of this VET Funding Contract as they applied at that time. 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, Participation and otherwise meeting the relevant specifications and performance standards; ensure that it delivers a Volume of Learning in line with recommendations in the AQF and/or the relevant Purchasing Guide or course curriculum; ensure that the Amount of Training must be in accordance with Standard 1 of the Standards for Registered Training Organisations (RTOs) 2015 and the Users’ Guide to the Standards for Registered Training Organisations (RTOs) 2015, and the RTO 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 or review conducted under Clause 10; 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, CEO (or equivalent) 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); and promptly notify the Department if, at any time after the making of the RTO’s initial response to the Expression of Interest Process, the RTO becomes subject to an Insolvency Event or if any event occurs to which Clause 18.3g) or 18.3i) applies. The RTO acknowledges and agrees that the Department (or persons authorised by the Department) may from time to time contact persons in relation to whom the RTO 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 RTO's compliance and performance under this VET Funding Contract. PROVISION OF THE TRAINING SERVICES The RTO must deliver high quality Training Services in accordance with this VET Funding Contract including but not limited to the requirements of the Quality Charter. The RTO must: deliver student attraction activities including marketing provide high quality Training Services, including: training and advertising in relation to any aspect of this VET Funding Contract in accordance with Clause 1 of Schedule 1 assessment that is suitable and the Quality Charter; provide information about course offerings, fees, support and the impact on an appropriate for each Eligible Individual’s VTG entitlement in accordance with Clause 4.1 , where: suitable means the training and 6 of Schedule 1, assessment meets the Guidelines about Determining Student Eligibility and Supporting Evidence and the Guidelines about Fees; test any individual’s eligibility for government subsidised needs, links to likely job and/or participation outcomes and minimises duplication of the individual’s existing competencies; and appropriate means the training and any relevant concession or exemption/waiver on tuition fees in accordance with Clauses 2assessment is delivered to regulatory and industry standards, 3 uses delivery modes and 6 of Schedule 1 durations optimised for the individual’s needs and includes reasonable support to facilitate the Guidelines about Determining Student Eligibility individual’s participation and Supporting Evidenceattainment; conduct the Pre-Training Review in accordance with Clause 5 of Schedule 1 and the VTG Quality Charter; conduct enrolment robust administrative processes required including in accordance with Clause 4 of Schedule 1, the Quality Charter and the Guidelines about Determining Student Eligibility and Supporting Evidence; develop and document the Training Plan in accordance with Clause 7 of Schedule 1; levy fees, including any concessions, exemptions or waivers, including in accordance with Clause 6 of Schedule 1; collect and maintain evidence relating to (a) to (g) above as required under this VET Funding Contractsupport contract compliance; have strong links to industry; provide support to Eligible Individuals; report data provide the Training Services in a proper, timely and other information to efficient manner using the Department including in accordance with Clause 12 standard of Schedule 1care, skill, diligence, prudence and foresight that would reasonably be expected from an expert and experienced provider of Training Services; and 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 how this may impact their access to further government subsidised training. The RTO must provide the Training Services to each Eligible Individual 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. The RTO acknowledges and agrees that: the Department in its absolute discretion may add or remove a course or qualification from the RTO’s Funded Scope; 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 RTO may be required to participate in a capability or quality assurance process to be determined by the Department; and if the RTO does not participate in the process or does not meet the required standard, the Department may remove relevant courses from the RTO’s Funded Scope and/or direct the RTO to cease enrolments in respect of Eligible Individuals that meet characteristics defined by the Department.