RTO Registration – Terms and Conditions
When you submit the purchase order for the RTO Registration package, you are required to indicate by ticking the checkbox that you have read, understood and agree to these terms and conditions associated with the RTO Registration package. Evidence of this acknowledgement will be retained within Newbery Consulting client records. These terms and conditions came into effect on the 1st January 2020 and remain current.
Cost for this service
The cost for this service is as follows:
- RTO Registration Domestic – $11,000.00 ($7,700.00 upfront and $3,300.00 on RTO registration.)
- RTO Registration CRICOS – $13,200.00 ($9,900.00 upfront and $3,300.00 on RTO registration.)
The completion payment of $3,300.00 is invoiced when your entity is registered on the national training register.
Before purchasing this package
Before proceeding with the purchase of the RTO Registration package, Newbery Consulting require that you are satisfied that you meet the following requirements:
- Legal entity. You have already established a suitable legal entity as the applicant for the RTO registration and which is registered with an Australian Business Number.
- Fit and Proper Person Requirements. All owners, directors, officeholders or significant persons who may have a role in the organisation or have influence over the RTO operation will meet the Fit and Proper Person Requirements (click) specified by the national regulator. This will be demonstrated during the application process by all persons being required to complete a Fit and proper person requirements declaration (click).
- Financial Viability. Your business entity will be able to demonstrate its financial viability and meet the Financial Viability Risk Assessment Requirements 2011 (click) specified by the national regulator. This will be demonstrated during the application process by having your qualified accountant complete the following financial viability risk assessment tool (click). We strongly recommend that you meet with your accountant and review these requirements prior to commencing this service. To be clear, we do not expect you to complete a financial viability assessment prior to engaging us. We want you to be satisfied and confident that the financial viability will be fine. We simply recommend at least a discussion with your Accountant so that you can have this confidence.
- It is important that you have engaged with a qualified accountant to assist with the development of your business/financial plan and to perform your financial viability risk assessment. The national regulator specify that the nominated accountant that performs your financial viability risk assessment must be an external and independent accountant engaged by you and must be a member of one or more of the following professional bodies:
- CPA Australia,
- The Institute of Chartered Accountants Australia,
- The Institute of Public Accountants, or
- Registered with the Australian Securities and Investment Commission as an auditor.
- Operating Premises / Delivery sites. You have access to or can otherwise secure a suitable premises from where training and assessment will be delivered or coordinated from. This will require you to provide evidence in the application process that the facility is of a suitable size and amenity, have a current lease/ownership and have local government approval to operate from the premises as a training organisation. Local government approval means that your building occupation certificate approves the premises for the purpose of training or education and/or the zoning identifies training or education as an approved use ‘without consent’. If the zoning identifies that the premises can be used for the purposes of training or education ‘with consent’, than you will need evidence from the local government authority that this consent has been obtained. This usually requires the submission to the local government authority a Development Application to seek this consent. Some local government authorities do not require this and so in that case, it will not be applicable. For a CRICOS application, 9B building certification is a requirement and evidence of this must be supplied with the application.
- Learning and Assessment Materials. You have access to or capacity to develop suitable learning and assessment materials to support the delivery of the training products which you will be applying to the national regulator for approval to deliver. Newbery Consulting do not develop these materials as part of this service. Newbery Consulting will provide advice about the compliance of materials and it is the responsibility of your organisation to undertake the required development work to demonstrate compliance. Please note that, the standard of learning and assessment materials in meeting the requirements of training packages for initial registration is extremely high. Please beware of buying learning and assessment materials online that are cheap. You usually get what you paid for. There are some really dodgy suppliers of learning and assessment materials so buyer beware.
- Skills and Capacity. You employ or otherwise can engage suitable persons with skills and knowledge within your organisation to prepare learning and assessment material to meet the requirements of nationally recognised training. You are recommended to establish a solution or arrangement for this prior to commencing this service. You will need to apply suitable time and resources to prepare the application evidence and be responsive to the advice provided by Newbery Consulting. It is not the role of Newbery Consulting to teach your staff how to develop learning and assessment resources. We are experienced at providing advice toward this work, but if the person performing the work does not understand how to apply or respond to our advice it will seriously impact on the time needed to develop material and potentially on the success of your application. If you plan to develop learning and assessment resources yourself, if is critical that you have access to a competent person to perform this work.
- Competent and Current Trainers. You employ or otherwise can engage a sufficient number of competent and current trainers who hold the vocational competency in the training products they intend to deliver and are also competent in training and assessment such as hold a TAE40116 Certificate IV in Training and Assessment. These trainers will need to demonstrate their current industry skills and knowledge and the ongoing professional development in vocational education and training.
This services is only delivered as a business to business transaction. A valid ABN, entity details and contact details must be supplied in the purchase form.
Once the payment for this package has been received, Newbery Consulting will be in touch to organise a suitable time to schedule the initial teleconference. We will also confirm your entity details for the issuance of product licenses and organise to establish a shared folder on Dropbox with you.
You will then be sent a meeting request for the agreed teleconference time and date and the following products will be supplied:
- RTO Policies and Procedures (click) to establish your compliance and quality management arrangements
- RTO Forms and Tools (click) to establish your administration system
- RTO Data Cloud (click) to establish your student and learning management system
These products will be supplied to you via email and will also be unpacked into the relevant folders within our shared folder on Dropbox. If you do not currently have an account on Dropbox, you can establish a free account here (click).
The shared folder will also contain many other folders that allow you to organise your application evidence. The following page describes the evidence which is required to be submitted with the RTO application and self-assessment (click). The shared folder will be arranged to capture, organise and review this evidence prior to its submission. You will need to provide the emails for all persons within your organisation that hold a valid Dropbox account to enable this folder to be shared.
With those initial products supplied, the initial teleconference scheduled and all stakeholders now having access to the shared folder, the preliminary activities are complete.
The initial teleconference is conducted primarily to talk through the application requirements, the context of operation of your planned RTO and the process which will be followed to prepare and submit the application. We will need approximately 90 minutes to conduct the initial teleconference. In establishing the context of the RTO operation, the following is considered:
- Your intended scope of registration. You are strongly recommended to minimise your planned scope of registration. These are the training products such as qualifications and units of competency that you intend to deliver as an RTO. There is a temptation to include every desired course on this list. This typically results in the client not being able to secure the required learning and assessment resources or obtain access to a sufficient number of qualified trainers. Your scope of registration needs to be selected on the basis of your area of industry expertise, your market analysis, financial viability, access to compliant learning and assessment resources, access to competent and current trainers and assessors, access to the required equipment, facilities and resources. These need to be rational and well considered choices based on the above factors. Try and keep your initial scope of registration as simple as possible.
- Your operating jurisdiction. You will need to nominate the states or territories in which you intend to operate as an RTO. This should be minimised to your planned operating area and be in accordance with your business plan. Nominating to operate in a particular state or territory will require you to provide evidence of access to relevant premises and facilities, competent trainers and assessors, management arrangements, et cetera to support the delivery at that location. Grandiose plans to operate a national operation may need to wait until you have established the business. Your identification of the operating jurisdiction should reflect your operation for the initial two-year period. Please note, this service is intended for RTO registration with the National VET Regulator (ASQA) and not with the remaining State based regulators being the TAC and the VRQA.
- Your delivery method. You will need to nominate a planned delivery method in the application. This should reflect the arrangements that you have established to support the delivery of the training products intended in your scope of registration. It is desirable as a new RTO, that your delivery methods reflect a high quality approach to vocational education and training with an emphasis on direct contact between students and trainers and assessors. Newbery Consulting will not assist in the registration of an RTO for delivery of training products via RPL only. If you are considering such a registration (assessment only), then do not proceed with purchase. We are completely supportive of clients who seek to deliver high quality face-to-face or online learning (or a blend of those).
- Delivering subsidised training. You will need to identify if you intend to deliver your training products via a contract with the State and Territory funding authorities. This is identified by the national regulator as a risk factor. It should be noted that flagging your intent to deliver subsidised training as part of the application can be premature. Some of these contracts are quite difficult to obtain access to and it could be many years before the RTO is in a position to competitively tender for these contracts when they become available. Some, such as NSW are virtually closed to new applicants (by invitation only). The NSW funding contract hasn’t opened to expressions of interest since 2014. Newbery Consulting strongly recommend that you not notify the national regulator of your intent to deliver subsidised or funded training services until you actually have a contract to do this. Otherwise, there is a tendency for an applicant to make false assumptions about their access to these contracts in the financial viability risk assessment, before they even have a contract. Also, why would you flag this risk factor when you don’t even have access to a contract?
- Being a genuine RTO applicant. As part of the application process, you will need to confirm to the national regulator that your primary purpose for applying to become an RTO is to deliver nationally recognised vocational education and training. The national regulator places a lot of emphasis on verifying that your intention to deliver nationally recognised training is genuine. Examples where the applicant is not genuine is where the sole purpose for registering the RTO is other than delivering nationally recognised training such as to sell the business soon after registration or to satisfy some government procurement requirement with no intention of actually delivering national training products. If this describes you and your intention, do not proceed with this service. Newbery Consulting are only wanting to work with businesses that fully intend on using their RTO registration for the delivery of nationally recognised vocational education and training.
- Delivering offshore. You will need to identify in your application if you intend to deliver nationally recognised training offshore. This is not a reference to CRICOS delivery but simply a situation where a domestic RTO is delivering services in a country other than Australia. This does not require particular approval from the national regulator however the national regulator is required to be informed of such an arrangement and may request to review the delivery arrangements to ensure the integrity of the national training system is being maintained and Australia’s reputation is not being placed in jeopardy.
- Other training organisations. As part of the application process, any owners, directors, officeholders or high managerial agents need to identify if they have an “Association” with an RTO that is either currently or has previously been registered. Association includes but is not limited to any business dealings, employment, contracting, endorsement and/or the provision of services as a third party. The details of this need to be fully declared within the fit and proper person declaration. If a person has had an interest in an RTO which has been subject to adverse findings by the national regulator then this could put the application in jeopardy or effect the fit and proper person status of the applicant.
- Third party arrangements. As part of the application process, you will need to declare to the national regulator if you intend to operate the RTO using third party arrangements. These include situations where you intend to allow other businesses to deliver training and assessment services on your behalf, to undertake learner recruitment on your behalf or to deliver learner support services on your behalf. The rules for how third party arrangements are regulated changed in 2019 (click). Newbery Consulting recommend that applicants not enter into any third-party delivery or recruitment arrangement until they are well established.
During the initial teleconference, Newbery Consulting will take note of your context of operation and will prepare a detailed application action list that will identify each item of evidence and its priority for development. We will also talk through the complete application process and provide an orientation to the action list we supply and the project folder where the evidence for your application will be organised. The primary purpose of the initial teleconference is for us to gain an understanding of your planned RTO and to introduce you to the project arrangements so we can hit the ground running. Following the initial teleconference we will usually schedule a weekly Zoom meeting so that we consult regularly to prepare the application evidence.
RTO Data Cloud
Following the initial teleconference, the Newbery Consulting support team will get in contact with you and establish your account on RTO Data Cloud. This product is fully described at the following page (click). The cost of this package covers the initial provisioning of RTO Data Cloud for your business. Monthly usage charges will apply from the time you commence using RTO Data Cloud as an RTO or after a 12 month period, which ever occurs first. These usage charges are explained at the following page (click). The RTO Data Cloud support team are available to guide you to set-up your courses in the software and provide unlimited system training. You are strongly recommended to review the terms and conditions for RTO Data Cloud prior to commencing this service (click). Your acceptance of these terms and conditions also confirms acceptance of the RTO Data Cloud Terms and Conditions.
Consulting support is delivered remotely typically using teleconference. You are recommended to schedule support sessions of a one-hour duration at certain points where you have evidence to review or particular advice to seek. We generally recommend either a weekly or fortnightly catch-up to keep things moving.
Consulting support is particularly useful during the registration process to undertake the following:
- providing advice about the establishment of the course training and assessment strategy
- review of learning and assessment resources with the client
- responding to questions about the application process
- educating the client on the requirements of the RTO standards
- preparing the client to engage in the application assessment process
- reviewing and providing advice on application evidence
- responding to non-compliance identified during the initial registration assessment
Consulting support expires 12 months after the date on which it was commenced. Additional consulting support can be purchased after the initial 12 month time frame has expired. This is available at the following page (click). You are strongly recommended to review the terms and conditions for RTO Support prior to commencing this service (click). Your acceptance of these terms and conditions also confirms acceptance of the RTO Support Terms and Conditions.
What we do not do in supplying this RTO Registration package
It is important to note that during this service Newbery Consulting do not:
- develop your learning and assessment strategies, tools or resources
- customise your policies and procedures or forms and tools
- provide advice or support to develop your business and financial plan
- provide advice on building approval for BCA or local government requirements
- provide business development advice
- provide advice or support to your financial viability risk assessment
- provide support or consultation on site or at your premises
- develop application evidence on your behalf
- provide consulting support toward any government funding contract
- communicate on your behalf to the National VET Regulator
- provide services which can be construed as a High Managerial Agent
It is critically important to note that Newbery Consulting provide products and advice only during this service. We are happy to provide examples and give you advice about preparing to become an RTO but do not perform tasks on your behalf other than the services specified as part of the RTO Registration package. We work along side you to guide you to prepare and submit the application and register the RTO. We do complete the application self-assessment and submit the application on your behalf when we are happy with the application evidence. We are expert consultants in vocational education and training and compliance with the Standards for RTOs 2015 and the National Code of Practice for Providers of Education and Training to Overseas Students 2018. We are not business consultants, financial advisors, building certifiers or accountants. We are very disciplined at staying in our lane and recommend that you always seek advice from those qualified and experienced to provide it.
Timeframe for Registration
The typical time to achieve registration is about 8-12 months assuming you have access to appropriate facilities, equipment, trainers, learning and assessment resources, etc. Many applications can take longer than 12 months depending on the client’s other commitments and the size of the application. There are no shortcuts in this process. If you present to the initial registration assessment without being ready, it will result in non-compliance. The trick to getting your RTO registered as soon as possible is:
- Keep the courses to an absolute minimum (one is ideal)
- Select courses with available and compliant learning and assessment resources
- Appoint a dedicated person to progress the application development actions and work with us
- Keep your planned initial RTO operation simple
- Follow our advice and use the systems we supply
It is important to note that this is not a registration project that has defined KPIs or expected timelines. This service involves the purchase of products and remote consulting support which can be used at your discretion. The time that it takes you to register your RTO is entirely your responsibility. If you get distracted by other business opportunities, life or do not allocate sufficient time and resources to progressing the application requirements, then this will clearly have an impact on your progress. Newbery Consulting give no warranty or make no claim about the timeframe for the registration of your RTO as we have absolutely no control over this. This is completely in your hands. We can certainly help you to move very quickly if you desire and put the resources in place to fast-track the application process. We are totally responsive to your priorities.
You acknowledge that as part of your application to become an RTO, you will incur many other costs which do not relate to services being provided by Newbery Consulting. These include but are not limited to:
- ASQA RTO application and assessment fee (click)
- ASQA CRICOS application and assessment fee (click) if applicable
- CRICOS Entry to Market Fee / TPS Levy (click) if applicable
- Learning / assessment materials and equipment
- Operating and delivery premises cost
- Staff / contractor recruitment and engagement
- Financial accounting fees (financial viability certification)
- Insurance and WorkCover fees
- Your personal time commitment
The following Newbery article on RTO Set-up Costs explains the associated costs that may be relevant to you for consideration (click). This article includes a number of scenarios relating to different types of RTO to assist you to properly consider the cost.
Newbery Consulting makes the RTO Registration package available on the understanding that Clients’ exercise their own skill and care with respect to its use. Before relying on the material in any important matter, users should carefully evaluate the accuracy, completeness and relevance of the information for their purposes and should obtain appropriate professional advice relevant to their particular circumstances.
If you wish to cancel the service you can simply advise Newbery Consulting of this decision via email at: firstname.lastname@example.org.
No refunds whatsoever will be given for a cancelled services where any product linked with the services has already been supplied. Prior to any product being supplied, you are entitled to receive a full refund of the payment made to Newbery Consulting. Products will typically be supplied within 1-12 hours of receiving payment. If you change your mind and would like a refund then notify us immediately before products are issued. Businesses should be aware of their rights as a business consumer by reviewing the information at the ACCC Business Rights page (click).
The following are not valid grounds for a business to request a refund:
- has changed its mind,
- has experienced a change in circumstances,
- failed to plan prior to commencing the service,
- has experienced a change in market conditions,
- has insufficient time and resources to progress,
- could not satisfy fit and proper person requirements,
- could not demonstrate financial viability,
- do not have sufficient skill and capacity,
- could not recruit competent and current trainers,
- chooses not to use either part or all of the products and services, or
- has discovered a new business opportunity.
Refusal, Cancellation or Cessation of Service
We reserve the right to refuse, cancel or cease the service for any reason we deem appropriate. The following are some examples of why we may refuse, cancel or cease the service:
- Rude, offensive or abusive behaviour. Rude, offensive or abusive behaviour toward Newbery Consulting staff by you or any representative from your organisation, will not be tolerated and will result in immediate cancellation of the service without warning.
- Breach of terms and conditions. Breach or failure to comply with these terms and conditions or any other terms and conditions of related products and services will result in immediate cancellation of service without warning.
- Failure to follow advice. Failure by the client to follow the advice provided by Newbery Consulting will not be tolerated particularly where the actions of the client are likely to result in non-compliant arrangements being presented to the initial registration assessment. Failure to follow the advice provided by Newbery Consulting will result in the cancellation of the service after fair warning has been provided.
- Failure to protect the interests of students and consumers. Any action taken, or arrangement implemented by the client that Newbery Consulting consider fails to protect the interests of prospective learners of the client or consumers will result in the cancellation of the service after fair warning has been provided.
Newbery Consulting agrees that any information received by it during the provision of services relating to your organisation, operational or commercial affairs shall be treated by Newbery Consulting in strict confidence and will not be revealed to any other persons or organisation unless compelled to do so under the law.
Newbery Consulting may be compelled under s 62 of the National Vocational Education and Training Regulator Act 2011 (Cth) to provide information to the National VET Regulator by issuing a written notice to Newbery Consulting to give information and documents. It is an offence under s 64 of the National Vocational Education and Training Regulator Act 2011 to not provide information and documents when requested to do so. Newbery Consulting will comply with written notices issued by the National VET Regulator.
Waiver of Liability
By accessing the RTO Registration products and services, the Client waives and releases Newbery Consulting to the full extent permitted by law from any and all claims relating to the usage of product or the provision of advice and under no circumstances whatsoever shall Newbery Consulting be deemed to assume any responsibility for or obligation or duty with respect to any part or all of the Client’s business.
Acknowledgement of Terms and Conditions
By purchasing the RTO Registration package you acknowledge that you on behalf of your business entity understand and agreed to these Terms and Conditions. These Terms and Conditions should be read in-conjunction with the other related Terms and Conditions. Acknowledgement of these Terms and Conditions implies acknowledgement of all related Terms and Conditions.
Published – 1st January 2020
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