TRANSPORT SAFETY VICTORIA
TSV Maritime ATP Administration Procedures
Document no: 3 of 6
June 2012
Maritime Accredited Training Provider Administration Procedures
Disclaimer
(a) Purpose – This Procedure has been produced by Transport Safety Victoria (TSV) to provide information about the Training and Assessment Accreditation, as at the date of publication.
(b) No substitute – This Procedure is not a substitute for, and should not be read in lieu of, the Marine Safety Act 2010 (Vic) or the Marine Safety Regulations 2012 (Vic), or any other relevant laws, codes, rules, procedures or policies. Further, the contents of this Procedure do not constitute legal or business advice.
(c) No Warranty – While TSV has used due care and skill in the production of this Procedure, neither TSV, nor any of its employees, agents and consultants make any representation or warranty as to the accuracy, reliability, completeness or suitability for particular purposes of the information in this Procedure.
© State Government of Victoria 2012
Copyright in this publication resides with the Director, Transport Safety and the State of Victoria. No part of this publication may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth).
Table of Contents
Glossary
1. Introduction………………………………………………………………5
2. Purpose…………………………………………………………………..5
3. Scope……………………………………………………………………..6
4. ATP Staff………………………………………………………………….6
5. Publications and TSV Certificates……………………………………...6
6. Advertising and Marketing……………………………………………..10
7. Enrolment and Business Records…………………………………….11
8. Evidence of Identity……………………………………………………..14
9. Continuous Improvement………………………………………………14
10. List of Attachments…………………………………………………….15
11. Document Control………………………………………………………15
Glossary
Accredited Training Provider or ATP means the entity accredited by the Safety Director to conduct the Training and Assessment.Approved Location means a location for Training and Assessment specified in the ATP accreditation;
Business Days means a day that is not a Saturday, Sunday or a public holiday appointed under the Public Holidays Act 1993 (the “Act”) including any day appointed by the Minister under Section 7 (1) (a) of that Act applicable to the Melbourne metropolitan area.
Certificate of Attainment means the certificate, provided by the Safety Director, for issue to Eligible Applicants who have passed the Marine Licence Training; or the certificate provided by the ATP to recognise the Eligible Applicant has successfully completed the Commercial Course (as applicable);
Certificate of Competency or COC means the certificate of competency issued by the Safety Director under section 78 (1) (a)of the MSA ;
Commercial Course means the course provided by the ATP in accordance with the requirements specified in the National Standard for Commercial Vessels (NSCV) Part D (Crew Competencies);
Confidential Information means all Information which is either directly or indirectly disclosed provided or made available by the Safety Director or TSV to the ATP or acquired by the ATP from the Safety Director or TSV (whether orally, electronically, in writing or by any other means) in respect of or in connection with the training and assessment, whether before or after the signing of this ATP accreditation and includes information pertaining to or connected in any way with the training and assessment, including but not limited to:
(a) Information about the Safety Director or TSV or those involved in TSV's activities, Information relating to the internal management and structure of TSV;
(b) Information concerning documentation, systems, technology and affairs, operations, processes, plans or inventions and product information (whether customers, suppliers or otherwise);
(c) financial, technological, strategic or business information, concepts, plans, strategies, directions or systems;
(d) research, development, operational, legal, marketing or accounting information, concepts, plans, strategies, directions or systems;
(e) technology, source and object codes for computer software;
(f) Information comprised in or relating to any Intellectual Property rights of the State of Victoria, or third parties to whom the Safety Director or TSV owes a legal obligation; and
(g) know-how relating to computer software, financial techniques and products of the Safety Director or TSV;
Eligible Applicant means a person who:
(a) in the case of an applicant for a general marine licence under section53 of the MSA satisfies the age requirement in section 53(1)(a) (i) of the MSA; or
(b) in the case of an applicant for a restricted marine licence under section54 of the MSA, satisfies the age requirement in section 54(1)(a) (i) of the MSA; and
(c) is not ineligible to apply for a Marine Licence,
(d) is applying for a COC,
and has provided satisfactory evidence of identity to the ATP as outlined in the TSV Maritime ATP Administration Procedures.
EOI – means Evidence of Identity
Law means Commonwealth, Victorian and local government legislation, including regulations, by-laws and other subordinate legislation; judicial, administrative or regulatory decrees, judgments or orders, standards, procedures as amended from time to time;
Marine Licence means a general marine licence or a restricted marine licence granted by TSV
Marine Licence Test means the test provided to the ATP by TSV.
Marine Licence Training means the training provided to Eligible Applicants;
Media Release means a prepared publicity or a news announcement;
MSA means Marine Safety Act 2010 (Vic);
MSR means Marine Safety Regulations 2012 (Vic);
National Standard for Commercial Vessels (NSCV) means the National Standards for Commercial Vessels Part D Crew Competencies published by the National Marine Safety Committee as amended, repealed or replaced;
Private Dwelling means a structure that is intended to have people live in it as permanent residents and includes houses, flats or apartments;
Publications means TSV manuals, handbooks, guidelines, procedures documented work practices etc referred to in this ATP Approval .(as amended by TSV from time to time);
PWC means personal watercraft;
RTO means a registered training organisation registered by an Australian state or territory recognition authority to deliver training and/or conduct assessments and issue nationally recognised qualifications in accordance with the Australian Quality Training Framework;
Safety Director means the Director, Transport Safety, a statutory office established under s 171 of the Transport Integration Act 2010 (Vic) together with his delegates and the staff members of TSV authorised to act on his behalf (as the context requires).
Training and Assessment means:
(a) for Marine Licences and PWC endorsement:
(i) the Marine Licence Training;
(ii) the Marine Licence Testing.
(b) for Certificates of Competency:
(i) the Commercial Courses.
Transport Safety Victoria or TSV, means the Department of Transport staff seconded to the Safety Director in order to support the Safety Director in the exercise of his powers and functions.
Version 1, June 2012 / Uncontrolled when printed / Page 21 of 29
Maritime Accredited Training Provider Administration Procedures
1 Introduction
Transport Safety Victoria (TSV), is the State’s marine safety agency and is responsible for the administration of the Marine Safety Act 2010 (Vic) (MSA) and the Marine Safety Regulations 2012 (Vic) (MSR). Under the MSA, the Safety Director’s functions include the issuing of recreational Marine Licences (Marine Licence) and the issue of Certificates of Competency (COC).
TSV has established two pathways via which the boating public may obtain a Marine Licence. These are:
· successful completion of a VicRoads Licence Test; or
· successful completion of formal training and assessment by a TSV Accredited Training Provider (ATP).
To obtain a general or restricted Marine Licence, a person must (among other requirements):
· provide documented evidence of evidence of identity and age, and
· undergo any training about the operation of recreational vessels that the Safety Director considers appropriate.
To obtain a COC applicants must provide evidence that they have complied with any prerequisites for the issue of a certificate of competency as specified in Part D of the National Standard for Commercial Vessels.
These procedures provides step-by-step instructions, timelines and responsibilities for TSV and Accredited Training Providers (ATPs) who are accredited under the MSA to conduct Training and Assessment. The procedures include:
· Induction of ATP staff,
· Ordering of TSV publications,
· Ordering and management of TSV Marine Licence Certificates of Attainment,
· Advertising and marketing,
· Enrolment and record keeping, and
· Evidence of Identity.
This document forms part of the overall Governance Framework for the engagement and management of ATPs and should be read as part of the package of governance documents that includes:
1. TSV Maritime ATP General Terms and Conditions
2. TSV Maritime ATP Letter of Accreditation
3. TSV Maritime ATP Administration Procedures
4. TSV Maritime ATP Audit Guidelines
5. TSV Maritime ATP Training Standards
6. TSV Maritime ATP Application for Accreditation Form and Guideline
The aim of these administration procedures is to assist ATPs to comply with the TSV Maritime ATP General Terms and Conditions in respect of administrative functions and responsibilities.
2 Purpose
The purpose of these procedures is to:
· minimise or eliminate non-compliance related issues in the administration of Training and Assessment,
· provide ATPs with stand alone procedures to be used as a reference on a day-to-day basis in the administration of Training and Assessment,
· be used by ATPs for induction of new staff, and
· be used by TSV auditors.
3 SCOPE
The procedures contained in this document apply to the ATP and any sub-contractors delivering TSV approved Training and Assessment under the auspices of the ATP.
4 ATP STAFF
4.1 Confidentiality and staff induction
The ATP must ensure that all staff that have a role in the administration and/or delivery Training and Assessment:
· read and sign a TSV Confidentiality Deed, in the form prescribed in the TSV Maritime ATP Terms and Conditions, and
· complete an induction and sign the induction checklist as outlined in Attachments I and II.
The ATP should keep a copy of the signed TSV Confidentiality Deed and induction form and forward a copy of the executed Deed to the TSV Nominated Representative.
4.2 Changes in staffing
The ATP must as soon as practicable, notify TSV of any changes to its Nominated Principal or Liaison Officer, or any officer who signs TSV Certificates of Attainment by using the Notification of Staff Change Form, see Attachment IV.
5 PUBLICATIONS AND TSV CERTIFICATES FOR MARINE LICENCE AND PWC ENDORSEMENT
TSV provides a range of publications and Certificates of Attainment documents to ATPs free of charge for Marine Licence training. This service is provided to ATPs only and TSV will not issue publications or certificates to individual trainers.
ATPs may order these publications which are listed on the Publications Order Form, Attachment VI in bulk and TSV will make best efforts to supply these subject to availability. These represent a limited range from the broader range of TSV publications available free to download from the TSV Web Page, www.transportsafety.vic.gov.au.
5.1 TSV Publications
ATPs shall aim to:
· Minimise wastage through over ordering of stock,
· Minimise the risk that out-of-date issues are in circulation,
· Minimise environmental impacts,
· Ensure efficient spending of TSV funds.
5.1.1 Roles and Responsibilities
If in stock TSV will:
· fulfil all reasonable orders for TSV Publications received by the ATP.
If the ATP requires publications they can:
· use the TSV PUBLICATIONS ORDER FORM, Attachment VI or send through requests via email or phone
5.1.2 Issue of TSV Certificates of Attainment
ATPs must ensure the following information is clearly printed on the certificates:
· Title of the course, either: Marine Licence Training or Marine Licence Training – Personal Watercraft Endorsement,
· Name of the issuing ATP,
· Contact details of the issuing ATP including name, address, phone contact and ABN/ACN,
· Date of issue,
· Instructor’s name,
· Instructor’s signature,
· Successful participant’s full name,
· Successful participant’s date of birth (D.O.B).
5.1.3 Replacement Certificates
ATPs are required to provide participants with a replacement certificate where the participant has lost the original. Replacement certificates must replicate the information on the original certificate including the date training was completed.
The register of certificates must be updated to identify the original certificate issued as cancelled and the reference number of the replacement certificate recorded.
Any fees charged by an ATP to issue a replacement certificate must not exceed $30.00 per certificate.
The procedures outlined below have been implemented to:
· Track and reconcile TSV Certificates issued to ATP,
· Ensure security of TSV Certificates, and
· Minimise the number of certificates in circulation.
5.2 Register of Certificates
The register of certificates maintained by the ATP must be in a format compatible with either Microsoft Excel or Access format (or as stipulated by TSV from time to time) and the ATP is required to have the appropriate systems and hardware in place to support these applications. The Register must include the following information:
· Certificate Number,
· Name of person to whom the certificate was issued,
· Date of course,
· Location of course,
· Name of the trainer,
· Evidence of Identity evidence provided,
· Certificate Type e.g. Marine Licence / PWC,
· Type e.g. First Assessment / Re-assessment,
· Authority for TSV to contact the participant for feedback, and
· Where authority given, contact number and, where provided, email address.
5.3 Ordering TSV Certificates of Attainment
5.3.1 Roles and Responsibilities
TSV will:
· Fulfil all reasonable orders for TSV Certificates of Attainment received from the ATP,
· Ensure reconciliation of previous issue is complete, including receipt of damaged or void certificates as per Register of Certificates,
· Notify the ATP of any non-compliance issues, and
· Process compliant orders within 10 business days of receipt by TSV.
The Accredited Training Provider must:
· Communicate the procedure for ordering TSV Certificates of Attainment to their staff and trainers through the induction process,
· Maintain an accurate register of certificates,
· Keep track of TSV Certificate of Attainment stock levels within their organisation,
· Ensure orders of replacement stock allow appropriate timeframes for TSV to supply with the 10 business day turn around,