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 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 an RTO 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

• 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

• Complete an Evidence of Identity (EOI) check prior to training commencing and provide the necessary EOI documentation as set out below

• 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

• 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, an exemption approval must be sought from the Regulator to enrol and/or assess the Candidate.

Exemption Requests

Requests are to be made in writing by email to tacs@safework.nsw.gov.au and must include the following information about the Candidate:

• 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, which must be provided to the HRWL Assessor conducting the Candidate’s assessment prior to the assessment commencing.

For interstate Candidates, Strategix or the HRWL Assessor must provide a copy of the Regulator’s written approval to the Candidate. If the Regulator refuses the exemption request, Strategix will be notified in writing and must not commence training or assessment of the Candidate.

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.)

Conduct Forklift Training and Assessment (NSW) Procedure

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.

Access to NSW Forklift Portal