Conduct Forklift Assessment (NSW) Policy

When delivering the licensed unit TLILIC0003 or its equivalent in NSW, Strategix must abide by the Conditions to the Agreement for RTOs to Conduct High Risk Work License 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 this unit:

• Must maintain scope of registration with ASQA for the 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

• Comply with all components of the Vocational Education and Training (VET) Quality Framework

• 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:

  • If Strategix ceases or intends to cease business, approval as a registered training organisation with ASQA or with any equivalent Australian state or territory authority is cancelled or suspended or of any action taken or required to be taken by ASQA for the RTO to comply with the NVR Act

  • 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

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

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

  • 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

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

  • 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 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.

Deliver Training

Strategix must:

• Schedule the training:

  • Register courses via the OLE at least seven (7) calendar days before the scheduled training commences, including:

    • 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 online knowledge training modes only, enter into the ‘Comments’ field the delivery mode i.e. ‘Online’, the number of individually scheduled sessions within the course (i.e. 1 or more), the number of Candidates attending the course or each scheduled session in the course; and operable weblinks and any passwords required for the Regulator to access the training delivery system and the training course for audit and verification purposes.

  • Update OLE with any changes to scheduled training at least 48 hours prior to the training commencing

  • 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

• Nominate appropriate trainers:

  • Seek written approval from the Regulator for a person to be a Trainer

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

  • Notify the Regulator in writing within 14 days of any Trainer who is no longer authorised by the RTO to deliver HRW Training; or any change to a Trainer’s contact details; and

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

  • 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. The RTO must only use approved Trainers to deliver a training course.

• Give trainers 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

• Provide each Candidate with a training evaluation form and request the form be completed by the Candidate and returned for analysis. RTOs may use their own form.

Students must:

• Be 18 years of age on the day they undertake a High Risk Work Licence (HRWL) Assessment

• Complete an Evidence of Identity check for each Candidate prior to training commencing and confirm that the Candidate provides the necessary EOI documentation as set out at Appendix 2. Strategix must complete and retain the EOI Form

• Complete the Student Declaration - see below

• Meet the minimum course LLN levels and, where necessary, provide or refer the Candidate to appropriate LLN support services or other services to meet the student’s needs

Student Declaration

Prior to enrolment in HRW Training, the student must 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

• 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

• Have a residential address outside of NSW

• Are hearing impaired and require a registered Auslan interpreter for an HRWL Assessment

• Are an accredited HRWL Assessor.

If a student declares ‘Yes’ to any of the statements above, the RTO must seek an exemption approval from the Regulator to enrol and/or assess the Candidate (see section 5.3.3) and provide this approval to the Trainer and HRWL Assessor prior to the training/assessment commencing.

Candidate Exemption Requests

Requests must be made in writing by email to tacs@safework.nsw.gov.au and must include:

• A WHS authorisation suspended or cancelled:

  • The authorisation that was suspended/ cancelled

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

• WHS law conviction/enforceable undertaking:

  • The Australian jurisdiction; and

  • The law that was breached; and

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

  • If an enforceable undertaking, the undertaking entered into.

• Has a residential address outside of NSW:

  • 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 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 Candidate’s full name;

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

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

  • 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 Candidate’s full name; and

  • The Candidate’s HRWL assessor number.

If the Regulator approves the request we will receive a written approval notification including an exemption number to the RTO which must be provided to the HRWL Assessor conducting the Candidate’s assessment prior to the HRWL Assessment commencing. 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.

Conduct Forklift Assessment (NSW) Procedure

Prior to Conducting Forklift Assessment

• Conduct appropriate checks to ensure the student will be 18 years of age, or over, on the day the assessment is conducted

• Ensure an EOI check has been completed and confirm the student has provided the necessary EOI documentation (Appendix 2 in the attached document which sets out EOI requirements)

• Ensure the student has completed the Candidate Declaration

• If a student declares ‘Yes’ to any of the statements in Condition 14 of the Candidate Declaration, seek an exemption approval from the Regulator to enrol and/or assess the candidate (see information above for making an exemption request)

• Confirm student meets the minimum course LLN levels

• Confirm with management that we have an affiliated HRWL Assessor approved and available to conduct the assessment

• Ensure that notification of scheduled HRWL assessment is completed in the Regulator’s OLE system at least 48 hours prior to the assessment

• Confirm that all resources required to conduct the assessment are available and safe for use. E.g. site/venue, plant, equipment and/or materials

• Provide timely written notification to the HRWL Assessor including:

  • a copy of Application for Assessment Notification issued from the OLE

  • the total number of students to be assessed

  • the full name of each student

  • evidence that each student is ready for assessment (see information above on providing evidence)

  • evidence that the resources required for assessment are available, safe for use and compliant.

• Provide the HRWL Assessor with a copy of the student’s Statement of Training Completion, or alternate documentation confirming evidence of enrolment, date(s) training was completed and competency achieved, and students details etc.

After Conducting Forklift Assessment

• Strategix must not allow a student to retain their original National Assessment Instrument (NAI) paper(s)

• Strategix also must not provide a student with a copy of an NAI or their completed NAI paper(s) after undertaking or attempting a HRWL Assessment

• Issue all relevant certification to the student e.g. Statement of Attainment (SOA)

• Keep and retain record of all SOAs issued.

• Complete all other required training and assessment administrative requirements, including in the OLE or any other Regulator nominated digital management system.

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.