*See Information classification policy

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PUBLIC-FACING

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Info
POLICY

Principal Conditions of Approval

• The RTO must maintain their scope of registration with ASQA for the delivery of an Approved Training Course

• The RTO must comply with the National Vocational Education and Training Regulator Act 2011 (the NVR Act), including the fit and proper person requirements in that Act, the ASQA Standards and all related requirements and directives

• The RTO must comply with all components of the Vocational Education and Training (VET) Quality Framework.

Responsibility to Notify

The RTO must notify the Regulator of any events which may compromise, or impact upon, the RTO’s ability to deliver the Services to the required standard. The RTO must immediately notify the Regulator:

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• If the RTO ceases or intends to cease business

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• If the RTO’s approval as a registered training organisation with ASQA or with any equivalent Australian state or territory authority is cancelled or suspended

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• Of any action taken or required to be taken by ASQA for the RTO to comply with the NVR Act

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• If the RTO, or any of its directors or Authorised Officers have or has had an approval to deliver WHS/occupational health and safety (OHS) authorisation services suspended, terminated or cancelled in another Australian jurisdiction

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• Of any Trainer who is identified as being suspended or cancelled as a WHS/OHS and/ or VET services provider in any Australian jurisdiction

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• Of any court conviction against the RTO, its directors, Authorised Officers or Trainers in Australia for a WHS/OHS offence

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• Of any criminal offence of the RTO, its directors, Authorised Officers or Trainers

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• Of any suspected fraudulent or corrupt behaviour associated with the services as well as any reasonable suspicion or belief that the training and assessment process may be compromised by a Trainer, HRWL Assessor or Candidate

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• Of any attempted bribe or offer of a gift by any party in the delivery of the services

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• Of any identified breach of this Agreement by the RTO, its directors, Authorised Officers or Trainers.

The RTO must notify the Regulator in writing within 14 days of:

• any Any change of business ownership

• any Any change of RTO address, contact details and/or registered business name or trading name

• any Any change of Authorised Officer(s)

• any Any RTO Personnel who is no longer approved by the RTO to use the OLE.

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Prior to enrolment in HRW Training (or before coordinating a separate HRWL Assessment), the RTO must have the Candidate enrolling declare if the Candidate:

• has Has had a WHS authorisation suspended or cancelled (expired authorisations are excluded) by any Australian certifying authority within the last five years

• has Has previously been convicted or entered into an enforceable undertaking under the WHS Act or WHS Regulation in NSW or a WHS law in another Australian jurisdiction

• has Has a residential address outside of NSW

• is Is hearing impaired and requires a registered Auslan interpreter for a HRWL Assessment

• is Is an accredited HRWL Assessor.

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• Prior to delivering HRW Training or coordinating a HRWL Assessment, the RTO must complete any Candidate Exemption requirements

• The RTO must make any required Candidate exemption request in writing by email to tacs@safework.nsw.gov.au

• The RTO Candidate exemption request must include the following information for the relevant Candidate exemption to be considered by the Regulator:

  • A WHS authorisation suspended or cancelled:

    • the The authorisation that was suspended/ cancelled

    • the The Australian jurisdiction in which the authorisation was suspended/cancelled.

  • WHS law conviction/enforceable undertaking:

    • the The Australian jurisdiction; and

    • the The law that was breached; and

    • if If a conviction, the date of conviction; and/or

    • if If an enforceable undertaking, the undertaking entered into.

  • Has a residential address outside of NSW:

    • the The full name, date of birth and residential address as listed on the Candidate’s driver’s licence or other EOI document(s); and

    • the The reason(s) why the Candidate should be trained/assessed in NSW.

  • Is hearing impaired – seek an exemption not less than 10 days prior to a HRWL Assessment occurring by providing:

    • the The Candidate’s full name;

    • the The proposed Auslan Interpreters name, and registration/certification number;

    • the The date, time and class of the proposed HRWL Assessment; and

    • a A statement as to whether the Candidate holds a driver’s licence.

  • Is an accredited HRWL Assessor – seek an exemption not less than 10 days prior to a HRWL Assessment occurring by providing:

    • the The Candidate’s full name; and

    • the The Candidate’s HRWL assessor number.

• 20. If the Regulator approves an RTO Candidate exemption request:

  • the The Regulator will provide a written approval notification including an exemption number to the RTO; and

  • the The RTO must provide the Regulator’s written approval to the HRWL Assessor conducting the Candidate’s assessment prior to the HRWL Assessment commencing; and

  • for For interstate Candidates, the RTO/ HRWL Assessor must provide a copy of the Regulator’s written approval to the Candidate.

• If the Regulator refuses the RTO exemption request, the RTO will be notified in writing and must not commence training or assessment of the Candidate.

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Notification of Scheduled Training

• Deferred – The RTO must notify any scheduled HRW Training course via the OLE or other Regulator nominated digital management system at least seven (7) calendar days before the scheduled training commences

• Deferred – The RTO notification must accurately enter the details of the scheduled HRW Training course, including, but not limited to, the:

  • Approved Training Course (i.e. by HRWL class)

  • Course date (or dates if multiple sessions)

  • Course start and finish times (or multiple times for multiple sessions)

  • Training location/venue

  • Trainer

  • Number of Candidates; and

  • for For Online or Connected Delivery knowledge training modes only, enter into the ‘Comments’ field:

    • the The delivery mode i.e. ‘Online’ or ‘Connected Delivery’

    • the The number of individually scheduled sessions within the course (i.e. 1 or more)

    • the The number of Candidates attending the course or each scheduled session in the course; and

    • operable Operable weblinks and any passwords required for the Regulator to access the training delivery system and the training course for audit and verification purposes.

• Deferred – If there is any variation to the initial notification of scheduled HRW Training, the RTO must update the scheduled training details at least 48 hours prior to the training commencing

• Deferred – The RTO must update any notification accurately so that it reflects any/all changes prior to the HRW Training commencing

• Deferred – The RTO must not proceed with scheduled HRW Training if there is an outstanding exemption against the training, unless the exemption arises as a result of a variation to training on a weekend or public holiday.

Trainers

Deferred – The RTO must:

• Nominate and seek the written approval of the Regulator for a person to be a Trainer

• only Only use a Trainer approved by the Regulator to deliver HRW Training for the RTO

• notify Notify the Regulator in writing within 14 days of:

  • any Any Trainer who is no longer authorised by the RTO to deliver HRW Training; or

  • any Any change to a Trainer’s contact details; and

• ensure Ensure that all Trainers, at all relevant times, satisfy all requirements set out in the Agreement.

Deferred – The RTO must only nominate a person for Regulator consideration as a Trainer who meets the minimum relevant Approved Training Course requirements and any other minimum requirements specified by the Regulator. Deferred – The RTO must only use approved Trainers to deliver a training course.

Deferred – Trainers must have a copy of the Conditions available at the time of delivery of HRW Training. The Conditions may be in electronic form provided they can be easily accessed and consulted.

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