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OVERVIEW |
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Status | colour | Purple | title | STAFF
Review
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PUBLIC-FACING |
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POLICY |
Principal Conditions of Approval
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Conduct Forklift Assessment (NSW) Policy
When delivering the licensed units TLILIC0003 and TLICLIC0004 or its equivalent in NSW, Strategix must abide by the Conditions to the Agreement for RTOs to Conduct High Risk Work License (HWRL) Assessments in NSW under the Work Health and Safety Regulation 2017 (NSW). We are also required to apply for registration/scope to deliver the unit in NSW by following the process listed on SafeWork NSW. Once registered, we can apply for additions of assessors and changes to scope.
The following represent the requirements relevant to maintaining registration with NSW to deliver these units:
Must maintain scope of registration with ASQA for the
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unit/course
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
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Comply with all components of the Vocational Education and Training (VET) Quality Framework
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Responsibility to Notify
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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 Strategix ceases or intends to cease business
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, approval as
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an RTO with ASQA or with any equivalent Australian state or territory authority is cancelled or suspended
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, or 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 Strategix, 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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or 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
, change of
address, contact details and/or registered business name or trading name
, Authorised Officer(s)
Any RTO Personnel who is no longer approved by the RTO to use the Online Environment (OLE).
All UoC assessments must be coordinated by a trainer and conducted separately from the HRWL Assessments required by the Regulator
The Online Environment
The RTO must use the Regulator’s OLE, or any other Regulator nominated digital management system
The RTO must comply with the OLE user guide requirements and any terms and conditions of access
The RTO must provide sufficient training and instruction in the use of the OLE to all RTO personnel issued with a user identification (login)
The RTO must validate and enter all OLE data accurately and in a timely manner, including to avoid missing notification deadlines and prevent data entry errors, to minimise impacts on authorisations.
Candidates
The RTO must not enrol a Candidate for High Risk Work (HRW) training (includes forklift training) unless that person will be 18 years of age or over on the day the Candidate undertakes Provide trainers with 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.
Trainer Requirements
RTOs 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. RTOs must only use approved Trainers to deliver a course
Strategix must seek written approval from the Regulator for a person to be a Trainer and deliver HRW training, and must only use a Trainer approved by the Regulator
The Regulator must be notified in writing within 14 days of any Trainer who is no longer authorised by Strategix to deliver HRW Training; or any change to a Trainer’s contact details; and
Strategix must ensure that all Trainers, at all relevant times, satisfy all requirements set out in the Agreement.
Requirements for Students:
Be 18 years of age on the day they undertake a High Risk Work Licence (HRWL) Assessment
The RTO must comply with the Evidence Of Complete an Evidence of Identity (EOI) requirements, complete an EOI check for each Candidate prior to training commencing and confirm that provide the Candidate provides the necessary EOI documentation as set out at Appendix 2
The RTO must enter the EOI information in the OLE as required and/or complete and retain the EOI Form. The EOI form must be provided to the Regulator, if requested, during an audit or in response to a complaint or compliance related issue.
Candidate declaration
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 below
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Students must provide 100 points of EOI to commence training. Within the combination of EOI documents, students must be able to show their:
All EOI documentation must:
*Bank statements, credit cards and savings account cards issued by an overseas institution can only be accepted if the:
Points for EOI documents
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Complete a Student Declaration - see below.
Student Declaration
The declaration is included in the student enrolment form. - Prior to enrolment in HRW Training, RTOs must have the student declare if they:
Have had a WHS authorisation suspended or cancelled (expired authorisations are excluded) by any Australian certifying authority within the last five years
has Have 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 Have a residential address outside of NSW
is Are hearing impaired and requires require a registered Auslan interpreter for a an HRWL Assessment
is Are an accredited HRWL Assessor.
If a Candidate student declares ‘Yes’ to any of the statements in Condition 14 above, the RTO must seek an exemption approval must be sought from the Regulator to enrol and/or assess the Candidate (see section 5.3. 3).
If the Regulator grants approval for the RTO to train/assess a Candidate with a previously suspended or cancelled authorisation or a previous WHS law conviction or enforceable undertaking, the RTO must provide this approval to the Trainer and/or HRWL Assessor prior to the HRW Training or HRWL Assessment commencing.
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Exemption Requests
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Prior to delivering HRW Training or coordinating a HRWL Assessment, the RTO must complete any Candidate Exemption requirements
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Requests are to be made in writing by email to tacs@safework.nsw.gov.au
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and must include the following information
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about the
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Candidate
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A WHS authorisation suspended or cancelled:
- the
The authorisation that was suspended/ cancelled
- the
The Australian jurisdiction in which the authorisation was suspended/cancelled.
- the
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.
- the
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.
- the
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.
- the
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.
- the
If the Regulator approves
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the request we will receive a written approval notification including an exemption number
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, which must be provided to the HRWL Assessor conducting the Candidate’s assessment prior to the
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assessment commencing
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.
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For interstate Candidates, Strategix or the
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HRWL Assessor must provide a copy of the Regulator’s written approval to the Candidate.
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If the Regulator refuses the
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exemption request,
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Strategix will be notified in writing and must not commence training or assessment of the Candidate.
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Language, Literacy and Numeracy (LLN)
The RTO must determine if a Candidate meets the minimum course LLN levels and, if necessary, provide or refer the Candidate to appropriate LLN support services
A Candidate’s LLN competency must be assessed and any special needs identified prior to the commencement of training so that any LLN or special needs can be addressed and provided for during both the HRW Training and the HRWL Assessment.
Notification of Scheduled Training
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PROCEDURE |
Prior to Conducting Forklift Assessment
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Confirmation of Resources and Materials
RTOs must undertake a series of “pre-assessment” activities to ensure that Candidates undertaking and Assessors conducting a HRWL Assessment are safe from risk and harm and that all tasks in the National Assessment Instrument (NAI) can be completed as per assessment requirements.
The RTO is responsible for ensuring and confirming that all resources required to conduct a HRWL Assessment are readily available, safe for use and compliant before the assessment begins. This responsibility cannot be delegated to the Assessor.
Compliance may be checked by SafeWork NSW via audit and/or verification activities.
Compliance action may include:
Educative Advice
Corrective Action
Directed Engagement
Suspension
Cancellation.
An RTO can ensure compliance by taking the actions detailed in the table below. The table outlines the SafeWork NSW expectations of RTOs for every HRWL Assessment, to meet the minimum plant and equipment requirements. (The Fact Sheet from SafeWork NSW at the bottom of this procedure outlines the full details.)
HRW RTO Condition | SafeWork NSW expectation of compliant action |
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Condition 51 Prior to each HRWL Assessment, the RTO must confirm that the resources required to conduct the Assessment in the relevant HRWL class: a. are readily available and safe for use, including, but not limited to, the site/venue, plant, equipment, and/or materials; and b. are compliant and meet the full requirements to conduct the HRWL Assessment as prescribed for the relevant HRWL class in the Guide for Assessors and/ or the NAI |
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Condition 52 Prior to each HRWL Assessment, the RTO must provide timely written notification to the Assessor including, but not limited to: f. suitable evidence that the resources required to conduct the HRWL Assessment (see Conditions 51(a) and 51(b) above) have been determined as available, safe for use and compliant. |
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PROCEDURE |
Conduct Forklift Training and Assessment (NSW) Procedure
Required Actions | Responsibility | |
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1 | Confirm appropriate trainer and affiliated HRWL Assessor are available. | Management |
2 | Schedule the assessment via the Online Environment (OLE) at least seven (7) calendar days before the assessment. Any changes to scheduled assessment must be made at least 48 hours prior to the assessment taking place. | Course coordinator |
3 | Complete checks:
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Ensure the student completed the candidate declaration
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| Course coordinator |
4 | Make an exemption request if required. - If student declares ‘Yes’ to any |
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statements in |
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the Candidate Declaration, seek an exemption approval from the Regulator to enrol and/or assess the |
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candidate (see information above for making an exemption request). | Course coordinator | |
5 | Enrol student in course | Course coordinator |
6 | Perform induction:
| Trainer |
7 | Deliver training as per course release schedule. | Trainer |
8 | Notify course coordinator of students that are competent in TLILIC0003 or TLILIC0004. | Trainer |
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| Trainer |
10 | Email the following details to the assessor and trainer 48 hours prior to the assessment:
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Course coordinator | ||
11 | Assessment conducted:
| Assessor and Trainer |
12 | Ask each Candidate to complete the training evaluation form when they receive it after training is delivered. The form will be sent to each candidate automatically upon completion of their training. | Trainer |
13 | Complete and issue SOA. | Course coordinator |
14 | Retain Candidate’s assessment records, including:
These are to be scanned and maintained securely with student’s Strategix records for at least 5 years. | Trainer and Course Coordinator |
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Do not allow a student to retain their original National Assessment Instrument (NAI) paper(s). Do not provide a student with a copy of an NAI or their completed NAI paper(s) after undertaking or attempting a HRWL Assessment. |
If you need to provide a partial or cumulative assessment to a student, or if a reassessment is required for a student, please see the below information.
Partial and Cumulative Assessments
All assessment components for Partial and Cumulative Assessments must be completed on no more than three occasions with the full assessment completed within 7 days of the first date of assessment. The RTO must notify a separate HRWL Assessment for each part of a Partial or Cumulative Assessment via the OLE, including to insert at least the following information in the assessment notification ‘Comments’ free text field:
The HRWL Assessment component (i.e. knowledge, and/or calculations and/or performance); and
Any other special arrangements made for that component of the HRWL Assessment.
If a Cumulative Assessment is required, the RTO must seek an exemption to vary the original HRWL Assessment notification within 48 hrs of the need being identified.
If a Partial or Cumulative Assessment cannot be completed within seven (7) days, the RTO must contact the Regulator, by email to tacs@safework.nsw.gov.au, to request an exemption to vary the relevant HRWL Assessment notification.
Reassessment
Prior to notifying a Reassessment, the RTO must confirm that:
At least 48 hours have passed since the original Assessment Summary (AS) form was issued by the HRWL Assessor; and
Not more than 90 days has passed since the original AS form was issued; and
The Candidate can provide the original AS form issued by the HRWL Assessor.
Refer to the attached document below for full SafeWork NSW policy and conditions under the Work Health and Safety Regulation 2017.
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PROCEDURE |
Access to NSW Forklift Portal
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Department manager must email the Compliance Manager to organise access to the Online Learning Environment. The email must include the following for each authorised staff member:
Compliance Manager send these details to the Authorised Officer (Jeremy Rota), who must authorise and request the access via email tacs@safework.nsw.gov.au. Online Learning Environment is accessed via https://www.onegov.nsw.gov.au/GLS_Portal/public/Account.mvc/LogOn?ReturnUrl=%2Fgls_portal%2FCourseManagement.mvc%2FIndex |
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STANDARDS AND REGULATORY REQUIREMENTS |
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List here
SafeWork NSW | |
Regulatory Documents |
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List here
List the Contract, audit evidence requirements, standards etc. and the applicable section or clause from each document
Approved By
Name here
Conditions to the Agreement for RTOs to Conduct High Risk Work License Assessments in NSW under the Work Health and Safety Regulation 2017 (NSW) |
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