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. Evidence of this acknowledgement will be retained within Newbery Consulting client records.
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.
- 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. For a CRICOS application, 9B building certification is recommended.
- 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.
- 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 TAE40110 / 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
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.
- 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 (RPL only), then do not proceed with purchase.
- 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.
- 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. Newbery Consulting strongly recommend that you contact us and discuss these situations before commencing this service.
- 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. 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.
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. 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.
The RTO support service is described at the following page (click). The inclusion of this service within this package is simply a way of allocating an amount of time to be used by the client to obtain advice from Newbery Consulting. This package includes allocation of an initial sixteen (16) hours which does not include the time spent during the initial teleconference. The objective of this time is to provide the client the necessary tools and timely advice to navigate the application process and prepare for the initial registration audit. You may utilise these hours at any time during this process; however, you are recommended to take a planned and deliberate approach to gain the maximum benefit from this time. RTO 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. You are able to purchase additional support time at any point in the application process and audit process.
The RTO 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 audit process
- reviewing and providing advice on application evidence
- responding to non-compliance identified during the initial registration audit
The RTO Support service expires 12 months after the date on which it was commenced. Any unused portion of the support is forfeited. 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 RTO Registration
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 any advice or support to the development of your business and financial plan
- provide any advice or support to your financial viability risk assessment
- provide any support or consultation on site or at your premises
- develop application evidence on your behalf
- attend audits or communicate on your behalf to the National VET Regulator
- provide any 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.
Timeframe for Registration
The typical time to achieve registration is about 6-12 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 audit 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
- Keep your planned initial RTO operation simple
- Follow our advice and use the systems we supply you
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 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.
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 application and assessment fee (click)
- 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
Newbery Consulting makes the RTO Registration products and services available on the understanding that Clients’ exercise their own skill and care with respect to their 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.
This services is delivered as a business to business transaction and as such Australian Consumer Law does not apply. 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. Where products have not yet been supplied, you are entitled to receive a full refund of the payment made to Newbery Consulting. Products will typically be supplied with 6-12 hours of receiving payment. If you change your mind and would like a refund then notify us immediately before products are issued.
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.
- 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 services.
- 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 audit. 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 cancellation of the service.
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.
Updated – 31st August 2018
Copyright © Newbery Consulting 2018. All rights reserved.