Leela DarvallManagerCareers and Pathways UnitSecondary Reform, Transitions and Priority Cohorts DivisionEarly Childhood and School Education Group3:30pm – 4:00pm Tuesday 26 August 2014

VETiS Standard Contracts, Agreements and

Purchasing Guidelines Webinar

Purpose of today’s Webinar• Inform you of the updated and new VETiS Standard

Contracts, Agreements and Purchasing Guidelines and when to use each resource

• Outline how the new resources operate and relate to each other, and

• Answer questions at the end of the presentation.• Purpose of the Standard Contracts and Agreements

is to support government schools to improve their capacity to negotiate the purchasing and auspicing of quality VETiS programs.

Questions• If you have any questions please type them into the

chat box and we will be answering questions at the end of the presentation.

• For those questions not answered today we will be preparing responses which will be posted on the DEECD website at:http://www.education.vic.gov.au/school/principals/finance/pages/purchasing.aspx

• You are encouraged to visit the website regularly as we will be posting further updates on this site.

DEECD Policy - VETiS Reference 56(Student Resource Package Guide)• All Victorian government schools entering into

arrangements with RTOs must have a valid, signed Contract or Agreement (Agreements are only valid when government schools purchase from other government schools) with the RTO for the delivery of VETiS programs. Schools purchasing VETiS from external suppliers must use the Standard Contracts or Agreements.

VETiS Standard Contracts, Agreements and Purchasing Guidelines• Standard VETiS Purchasing Contract• Standard VETiS Auspicing Contract• School to School VETiS Purchasing Agreement• School to School VETiS Access Agreement• Purchasing Guidelines for the delivery of VETiS

• Available on the DEECD website:‘Purchasing Senior Secondary Courses and Vocational Education and Training from External Providers’

http://www.education.vic.gov.au/school/principals/finance/pages/purchasing.aspx

Objectives of the Standard Contracts, Agreements and Purchasing Guidelines• Provide user friendly tools to negotiate and support the

purchase of quality VETiS• Provide a clear and consistent outline of school and RTO

responsibilities• Provide a mechanism for schools and RTOs to provide each

other with the right information at the right time (e.g. attendance, progress reports, results, certification and attainment, etc.)

• Support schools and RTOs to meet legal and regulatory requirements

• Provide materials that meet the business needs of schools and RTOs

Standard VETiS Purchasing Contract

• The Standard VETiS Purchasing Contract is required where a school is not an RTO, or the school is an RTO but does not have the VET qualification and/or units of competency on their scope of registration, and seeks to offer a particular VET qualification and/or units of competency to their students directly through an external RTO.

• In these instances schools can seek to identify and engage RTOs who have specified VET qualifications and/or units of competency on their scope of registration which the RTO is authorised to deliver.

Standard VETiS Auspicing Contract

• The Standard VETiS Auspicing Contract is required where the school is in a position to deliver some or all of the VET qualification and/or units of competency to their students using their own staff and facilities, however, the school is not an RTO, or the school is an RTO but does not have the VET qualification and/or units of competency listed on their scope of registration.

• In these arrangements an RTO is engaged to provide oversight and monitoring of the schools’ teaching of the program to ensure that registration requirements are met.

• This will include authorisation from the RTO for the school to deliver on its behalf and may include professional development, supervision and certification provided by the RTO. The RTO support will ensure all compliance and administrative functions are addressed by the school in accordance with the requirements under VRQA or AQSA.

School to School VETiS Purchasing Agreement

• The School to School VETiS Purchase Agreement is required where a government school (Purchasing School) enters into an arrangement to purchase a VET qualification and/or units of competency from another government school (Host School), where the Host School is also an RTO.

• This agreement is only valid when a government school purchases from another government school.

School to School VETiS Access Agreement

• The School to School VETiS Access Agreement is required where a government school (Accessing School) enters into an arrangement to purchase a VET qualification and/or units of competency from another government school (Host School) and in these arrangements the Host School is auspicing delivery from an RTO.

• This agreement is only valid when a government school purchases from another government school.

• The Host School is required to have in place a Standard VETiS Auspicing Contract with an RTO.

• In these arrangements the Accessing School is required to read and understand the Standard VETiS Auspicing Contract.

Summary of Standard Contracts and Agreements• Cover page with parties, fees, reference to schedules and

signatures• Outline of Provision of Services• Warranties around requirements for Personnel• Fees, Invoicing and Payment• Student Suitability• Duty of Care, Supervision of Students, Travel• Records and Provision of Information • Notice of changes (registration status, results)• Student Complaints and Appeals, Dispute resolution procedures• Schedules, including Program Details, Personnel, Student

Details, Reporting Details

Purchasing Guidelines for the delivery of VETiS• This document is a comprehensive guide on

the Standard Contracts and Agreements that schools are required to use when entering into arrangements with RTOs for the delivery of VETiS.

• Schools should use these Guidelines to understand their accountabilities and obligations when seeking to engage RTOs.

• The Guidelines also provide helpful suggestions on how schools should address issues of quality and value for money, duty of care arrangements for students, and the key planning issues that need to be considered when negotiating contractual agreements.

Purchasing Guidelines – Step by Step Guide for Schools when setting up Standard Contracts and Agreements (Section 4)

• Step 1: Consider your needs for a VET qualification and/or units of competency with a focus on the following:

• Step 2: Identify the most appropriate RTO for each VET qualification and/or units of competency:

• Step 3: Decide on the delivery mode – auspicing (delivery by school under supervision of RTO) or purchasing (external delivery by RTO)

• Step 4: Consider duty of care requirements• Step 5: Negotiate with the RTO and complete the

relevant standard Contract or Agreement• Step 6: Establish and document contact,

accountability and compliance arrangements• Step 7: Maintain the partnership agreement with a

continuous improvement strategy for the service

Purchasing Guidelines- Permission to Teach and VET (Section 3)• Permission to Teach is intended for individuals who are not qualified teachers

but who have been offered employment to undertake the duties of a teacher in a school.

• Permission to Teach is required where a person is being engaged to deliver and/or assess student participation in an educational program. This includes educational programs authorised by the Victorian Curriculum Assessment Authority (e.g. VELS, VCE, VCAL).

• The person is engaged because of their specific skills and experience in a particular subject or discipline.

• Permission to teach may be granted by the Victorian Institute of Teaching (VIT) for a fixed period not longer than 3 years and is specific to a particular subject and school.

• Schools and applicants for Permission to Teach should refer to the VIT website http://www.vit.vic.edu.au for the latest information on Permission to Teach or contact the VIT directly on 1300 888 067.

Purchasing Guidelines – Roles and Responsibilities (Section 5)

• Student• Parent/Guardian• School

– Before contracting the VET qualification and/or units of competency

– During delivery of the VET qualification and/or units of competency

• RTO– Before contracting the VET qualification

and/or units of competency– During delivery of the VET qualification

and/or units of competency

Purchasing Guidelines – Checklists (Section 7) • These checklists have been developed to remind

and prompt schools and RTOs of the relevant issues that need to be considered in the provision of a VET qualification and/or units of competency through purchasing and auspicing arrangements

• 7A. Factors for Schools to consider when establishing a Purchasing Contract with an RTO

• 7B. Factors for RTOs to consider when entering into a Purchasing Contract with a School

• 7C. Factors for the School and RTO to consider when establishing an Auspicing Agreement

• Checklists include items on student learning and education needs, scope of registration, quality assurance, workplace learning, student health, safety and welfare, delivery, assessment, reporting costs and value

Purchasing Guidelines – Accountabilities of Schools and RTOs (Section 10)

• Duty of Care – Schools• RTO Responsibilities• Anaphylaxis Management

in Schools • CRICOS Registration for

International Students• Parent/Guardian Consent• Student Health and

Engagement

Purchasing Guidelines - Students with Disabilities (Section 11)

• Under section 32 of the Disability Discrimination Act 1992 (Cth) education providers must comply with the Disability Standards for Education 2005

• To comply with the Standards education providers must make ‘reasonable adjustments’ to accommodate a student with a disability

• RTOs must comply with the Disability Standards for Education 2005

Purchasing Guidelines- Managing Issues (Section 12)• Disputes - Standard Contracts

– Resolve within 14 days– Nominated senior executive officer from School and RTO to meet and discuss in good

faith– Mediation, prior to arbitration and litigation

• Disputes – School to School Agreements– Resolve within 14 days (or as agreed)– Nominated senior executive officer from School and RTO to meet and discuss in good

faith– Parties may refer the dispute for resolution by the Secretary of DEECD

• Disputes – Continuing obligations– Parties obligations continue while disputes are being resolved

• Access to information– The RTO/Host School is required under the Standard Contracts and Agreements to

provide timely information on the items listed in the Reporting Details Schedule• Complaints and Appeals

– School processes– RTO processes

Resources, FAQs, Sample Templates (Section 13, 14 & 15)• Resources – There is a list of resources available for

schools entering into VETiS purchasing and auspicing arrangements with RTOs, and resources referenced across the Purchasing Guidelines are consolidated in this section

• FAQs – There are a number of Frequently Asked Questions for schools entering into VETiS purchasing and auspicing arrangements with RTOs

• There are two Sample Templates:o Sample Template A - Parent/Guardian Consent Form for

Student Participation in VETiSo Sample Template B – RTO Report

DEECD website• I will now navigate away from this presentation to give

you a brief tour of the relevant section of the DEECD website:http://www.education.vic.gov.au/school/principals/finance/Pages/purchasing.aspx

Conclusion

• Thank you for participating in today’s webinar.• We will be preparing further responses to those

questions that have been raised today but have not been answered as part of the session.

• Responses will be posted on the DEECD website:

http://www.education.vic.gov.au/school/principals/finance/pages/purchasing.aspx

• We will also be participating in the VCAA Roadshow in November 2014.

Further Queries• Victorian Government Schools:

Further queries should be directed to: youth.transitions@edumail.vic.gov.au

• Catholic Schools:Peter Devery

Team Leader, Education and Training Curriculum and Secondary Services

Catholic Education Commission of Victoria

T: 03 9267 0228 | E: pathways@ceomelb.catholic.edu.au  • Independent Schools

Pam Hargreaves

Education Consultant, Pathways

Independent Schools Victoria

T: 03 9825 7246 | E: pam.hargreaves@is.vic.edu.au