Manager, Continuing Education and Testing. Responsible Officer Policy Officer Approver. Marc Weedon-Newstead Emma Drummond Rob Forage
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1 RTO Governance and Administration Policy Category/ Business Group Published Externally (Yes/No) Responsible Officer Contact Officer Approver Education Group No Group Executive, UNSWIL Manager, Continuing Education and Testing Chief Executive Officer Effective Date 1/04/2015 Next Review Date 1/04/2017 Version 1 Policy Approval (for signature) Responsible Officer Policy Officer Approver Marc Weedon-Newstead Emma Drummond Rob Forage Date: 7/04/2015 Date: 9/04/2015 Date: 9/04/2015 Page 1 of 5 Date: 1/04/2015
2 1 Background The National Vocational Education and Training Regulator Act 2011 establishes the VET Quality Framework, a system which ensures the integrity of nationally recognised qualifications. Included in the VET Quality Framework are the Standards for Registered Training Organisations (RTOs) UNSW Global must comply with these eight Standards as a condition of registration. Business viability is critical to the ongoing sustainability of an RTO. Standard 7 requires RTOs to have operational and financial business standards which protect Learners and act as a disincentive to underprepared organisations entering the market. Standard 8 requires RTOs to have arrangements in place which ensure they, and any third parties delivering services on their behalf, comply with all regulatory requirements. 2 Purpose This policy outlines the governance and administration principles applying to UNSW Global in its capacity as an RTO and facilitates compliance with Standards 7 and 8. 3 Scope This policy applies to all staff involved in the delivery and administration of AQF training packages and VET accredited courses, for or on behalf of UNSW Global. 4 Definitions Australian Qualifications Framework (AQF) means the framework for regulated qualifications in the Australian education and training system, as agreed by the Commonwealth, State and Territory ministerial council with responsibility for higher education. Data Provision Requirements mean the requirements for data provision as agreed by the Industry and Skills Council and implemented by the VET Regulator as required by its governing legislation. Financial Viability Risk Assessment Requirements mean the financial viability requirements made by the VET Regulator under section 158 of the National Vocational Education and Training Regulator Act High managerial agent means an employee or agent of the organisation with duties of such responsibility that his or her conduct may fairly be assumed to represent the organisation in relation to the business of providing courses. Industry and Skills Council means the Commonwealth, State and Territory ministerial council established by the Council of Australian Governments (COAG), or its successor. Learner means a person being trained and/or assessed by UNSW Global for the purpose of issuing AQF certification documentation. Page 2 of 5 Date: 1/04/2015
3 VET Regulator means the National VET Regulator, being the Australian Skills Quality Authority (ASQA). 5 Policy Statement 5.1 Governance and Administration (Standard 7) Standard 7 requires UNSW Global to have appropriate governance and administration arrangements in place. UNSW Global complies with Standard 7 by ensuring that: (a) its executive officers or high managerial agents: (i) have authority to ensure that UNSW Global complies with the Standards at all times; and (ii) meet the Fit and Proper Person Requirements in Schedule 3 of the Standards; (b) it satisfies the Financial Viability Risk Assessment Requirements to present an acceptable level of financial risk; (c) where a prospective or current Learner prepays fees in excess of $1,500, it meets the Requirements for Fee Protection in Schedule 6 of the Standards; (d) it holds public liability insurance that covers the scope of its operations throughout its registration period; and (e) it provides accurate and current information as required by the Data Provision Requirements as updated from time to time. 5.2 Legal and Regulatory Compliance (Standard 8) UNSW Global is required to cooperate with the VET Regulator and ensure that it is legally compliant at all times. UNSW Global complies with Standard 8 by ensuring that: (a) it cooperates with the VET Regulator: (i) by providing accurate and truthful responses to information requests from the VET Regulator relevant to its registration; (ii) in the conduct of audits and the monitoring of its operations; (iii) by providing quality/performance indicator data; (iv) by providing information about substantial changes to its operations or any event that would significantly affect its ability to comply with the Standards within 90 calendar days of the change occurring; (v) by providing information about significant changes to its ownership within 90 calendar days of the change occurring; and Page 3 of 5 Date: 1/04/2015
4 (vi) in the retention, archiving, retrieval and transfer of records; (b) any third party delivering services on its behalf is required, under written agreement, to cooperate with the VET Regulator in accordance with Standard 8; (c) it notifies the VET Regulator: (i) of any written agreement entered into for the delivery of services on its behalf within 30 days of that agreement being entered into, or prior to the obligations under the agreement taking effect (whichever occurs first); and (ii) within 30 calendar days of the agreement coming to an end; (d) it provides an annual declaration in compliance with the Standards to the VET Regulator; (e) it complies with Commonwealth, State and Territory legislation and regulatory requirements relevant to its operations; and (f) its staff and clients are informed of any changes to legislative and regulatory requirements that affect the services delivered. 6 Legal and Policy Framework This policy is developed, approved and reviewed in accordance with the National Vocational Education and Training Regulator Act 2011, VET Quality Framework and associated legislative instruments. 6.1 Responsibilities (a) Approver The Chief Executive Officer is responsible for the approval of this policy. (b) Responsible Officer The Group Executive, UNSWIL is responsible for the dissemination, implementation and review of this policy. (c) Contact Officer The Manager, Continuing Education and Testing is responsible for the day to day implementation of this policy and is the first point of contact for all enquiries that relate to this policy. (d) Policy Administration and Compliance Officer The Policy Administration and Compliance Officer is responsible for the administration and publishing of this policy. (e) Staff, Supervisors and Executives UNSW Global staff, supervisors and executives are responsible for assisting in the implementation of and adherence to this policy. Page 4 of 5 Date: 1/04/2015
5 6.2 Review This policy is due for review two years from its date of implementation or earlier if required by legislative or regulatory changes. 7 Linked Documentation Nil. 8 Related Policies and Procedures (a) RTO Training and Assessment Policy (b) RTO Marketing and Information Policy (c) RTO Complaints and Appeals Policy (d) RTO Governance and Administration Procedure 9 Version History Version Control Date effective Approved by Amendment notes Page 5 of 5 Date: 1/04/2015
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