Monitoring and reporting of Vocational Education third party arrangements instruction

Instruction statement

Contracts entered into with third parties for the provision of services on behalf of RMIT as a Registered Training Organisation (RTO) are subject to external approval and/or reporting requirements under the Standards for RTOs 2015 (the Standards), and under state VET Funding Contract obligations. This instruction responds to those requirements and assists staff to:

  • Identify third party contracts for services provided on behalf of RMIT for the purposes of monitoring and reporting to the Australian Skills Quality Authority (ASQA) (the Regulator).
  • Identify sub-contracting arrangements to inform state government department approvals and reporting, as required.

Reference to specific regulatory and sub-contracting requirements:

1. RMIT is obligated to report relevant third party arrangements to the Regulator (Standard 8.3) from 1 April 2015. Third party arrangements for delivery of services must:

  • be in the form of a written agreement (Standard 2.3);
  • be systematically monitored to ensure services delivered comply with the Standards at all times (Standard 2.4); and,
  • ensure that third parties cooperate with the Regulator, where requested (Standard 8.2).

2. RMIT may sub-contract its obligations under a state VET Funding Contract where specific criteria are satisfied (see for instance Victorian-based VET Funding Contract 2014-2016 (PDF 525KB, 79p), clauses 5.1 – 5.8; Schedule 1 – Part A, 1.1f; cl.11.3).

Exclusions

Contracts with third parties that do not relate to the provision of services on behalf of RMIT as an RTO. Refer to definition of services.

Employment contracts.

Agreements for WIL activities made under the RMIT Work integrated learning procedure, except where an arrangement between RMIT and partner organisation/s extends to include delivery of services on behalf of RMIT’s RTO Registration.

Instruction steps and actions

Part A

Identifying third party arrangements for monitoring and reporting under RMIT’s RTO Registration. Process Flowchart A - Identifying Third Party Arrangements (PDF 139KB) applies.

Instruction (including key points)

Responsibility

Timeline

Step 1 – Identify that the third party contract relates to Services delivered under RMIT’s RTO Registration

Determine that the third party contract is for services to be delivered on behalf of RMIT under its RTO Registration. Refer to supporting document: Process Flowchart A - Identifying Third Party Arrangements (PDF).

Contract Manager

Consistent with due diligence timelines

Step 2 – Notify the Office of the Executive Director, Vocational Education

Complete the Notice of Third Party Contract Form (DOC) and forward to OEDVE.^

(^This is not required for agent representative agreements entered into by the University in accordance with the ESOS framework, managed by the International Portfolio. Refer to Step 6 for specific requirements.)

Contract Manager

Within 7 days of the agreement being entered into (signed by RMIT)

Record the contract details as captured in the Notice of Third Party Contract Form on the RMIT RTO Operations - Register of Third Party Contracts (the Register).

OEDVE

Within 30 calendar days of the contract start date

Step 3 – Notify the Regulator

Notify ASQA of the third party contract in writing in the prescribed form (via ASQAnet).

OEDVE

Within 30 calendar days of the contract start date

Step 4 – Notify of any changes to the Contract Period (if relevant)

Notify OEDVE if the Contract Period is varied (extended, terminated, or completed early).

Contract Manager

Within 7 calendar days of the variation taking effect

Notify ASQA when the contract has come to an end in the prescribed form (via ASQAnet).

OEDVE

Within 30 calendar days of the contract end date

Step 5 – Monitoring and reporting on the Register

Provide an update on the status of the Register to the Academic Board and key organisational units, as appropriate.

OEDVE

Annually

Review the Register to inform review cycle scheduling activity.

GQRCG

Annually

Report to the relevant state government department in accordance with any written requests.

OEDVE

As requested in writing

Step 6 – Reporting on agent representative agreements

Provide GQRCG access to a report of agent representative agreements from the local agent management database for the purposes of reporting to ASQA.

RMIT International

Quarterly (Mar, Jun Sep, Dec)

Identify:

  • Existing agent representative agreements that are exempt from further reporting requirements (i.e. previously reported as an existing arrangement).
  • New/ ceased arrangements for reporting.

GQRCG

Within 7 days of receiving the report

Notify ASQA of the third party arrangement in writing in the prescribed form (via ASQAnet).

GQRCG

Within 30 days of the contract start date

Where an agent representative is terminated prior to the agreement end date, and outside the quarterly reporting schedule, notify GQRCG.

RMIT International

Within 7 calendar days of the termination taking effect

Notify ASQA when the contract has come to an end in the prescribed form (via ASQAnet).

GQRCG

Within 30 days of the contract end date

Part B

Sub-contracting arrangements under a VET funding contract. Process Flowchart B: Identifying sub-contracting arrangements (PDF 109KB) applies.

Instruction (including key points)

Responsibility

Timeline

Step 1 – Identify that the proposed sub-contracting arrangement meets VET Funding Contract requirements

Determine whether the proposed sub-contracting arrangement is allowed or requires prior written approval from the relevant state government department. See Process Flowchart B: Identifying sub-contracting arrangements (PDF).

Contract Manager

Consistent with due diligence timelines

Step 2 – Notify the Office of the Executive Director, Vocational Education (OEDVE)

Inform OEDVE of the proposed arrangement (in the prescribed form), including whether the arrangement involves training and assessment, whether the proposed third party entity is an RTO and/or holds a current year VET funding contract.

Contract Manager

Consistent with due diligence timelines

Confirm that the proposal is consistent with the sub-contracting clauses of the relevant VET funding contract.

OEDVE

Consistent with due diligence timelines

Step 3 – Seek written approval, where required

Obtain written approval from the relevant state government department, if required by relevant VET funding contract clauses. See Process Flowchart A: Identifying sub-contracting arrangements (PDF).

OEDVE

Consistent with due diligence timelines

Provide confirmation to the Contract Manager of written approval received from government department; or that no written approval is required.

Step 4 – Monitoring and reporting

Sub-contracting arrangements must be recorded on the RMIT RTO Operations - Register of Third Party Contracts (the Register).

OEDVE

(Refer to PART A)

(Refer to PART A)

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