Newbery’s Audit Guide – Clause 8.3

 

What the clause requires:

8.3. The RTO notifies the Regulator:

a) of any written agreement entered into under Clause 2.3 for the delivery of services on its behalf within 30 calendar days of that agreement being entered into or prior to the obligations under the agreement taking effect, whichever occurs first; and

b) within 30 calendar days of the agreement coming to an end.

 

What is this clause about:

This clause requires the RTO to notify the VET regulator when it either commences or finalises a third-party arrangement. As opposed to clause 8.1 which allowed a notification within 90 days of the change occurring, the notification of third-party agreement must be provided within 30 calendar days of that agreement being entered into or prior to the obligations under the agreement taking effect, whichever comes first. The regulator wants to know about these arrangements before they commence. Why? Because third-party arrangements represent one of the most significant risks to the quality of training being provided within the VET sector. The VET regulator requires to be informed about these arrangements before they come into effect. ASQA is also required to be informed within 30 calendar days of the agreement coming to an end. It is quite rare for these notifications to derive any response from the regulator. Only on number of occasions I have observed the regulator respond to the notification to request more information about the arrangement. This information has included the training and assessment strategy for the intended delivery, the qualification and competency details of the nominated trainers in support of the arrangement, details of delivery sites and a copy of the third-party agreement. To facilitate notification ASQA has provided the following online form: Third Party Service Arrangement notification form.

 

You must be able to demonstrate that:

You have provided notification to ASQA of any third-party arrangements within 30 calendar days of the written agreement being entered into and within 30 calendar days of the written agreement coming to an end.

 

Evidence to prepare:

Copy of all third-party agreements or MOUs.

Evidence of notification to the VET regulator for the delivery of services on its behalf by a third-party prior to these arrangements taking effect.

Find more information on the ASQA website: Click Here

 

You should prepare for these types of questions:

Has notification being provided to ASQA in respect of these third-party arrangements?

Did you receive an email receipt for these notifications?

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Published by: Joe Newbery, released 2nd May 2017

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