School to School VET Access Agreement

Agreement Details

The Parties enter into this Agreement to record their roles and responsibilities in relation to the Students of the Accessing School having access to the Programs. The Parties roles and responsibilities are recorded in the Conditions in Attachment1.

Capitalised terms in these Agreement Details that are otherwise undefined have the meaning given in the Conditions.

All references to 'Host School' and 'Accessing School' in this Agreement refer to the School Council of that party.

Item 1 / Host School / [insert name and address]
Item 2 / Host School Representative / [insert name address and contact details]
Care Of: [if needed, insert first point of contact details for the Host School, being a person or position who is not the Representative.]
Item 3 / Accessing School / [insert name and address]
Item 4 / Accessing School Representative / [insert name address and contact details]
Care Of: [if needed, insert first point of contact details for the Accessing School, being a person or position who is not the Representative.]
Item 5 / Term / This Agreement starts on ## [insert date]
This Agreement ends on ## [insert date]
Item 6 / RTO details / [insert name and address]
Item 7 / Standard VET Auspiced Contract Details / The Standard VET Auspiced Contract between the Host School and the RTO dated [insert].
Item 8 / Program details / See Schedule 1
Item 9 / Trainers / See Schedule 2
Item 10 / Students’ details / See Schedule 3
Item 11 / Fees / [Example Only - parties to insert details]
Total Fee $ (including GST) for the Term payable as follows:
[x]% of Fee payable [x]working days after start of school term 1
[x]% of Fee payable [x]working days after start of school term 2
[x]% of Fee payable [x]working days after start of school term 3
[x]% of Fee payable [x]working days after start of school term 4
[x]% of Fee payable [x]working days after receipt of final Student results
Item 12 / Reporting details / See Schedule 4
Item 13 / Agreement variation notice / See Schedule 5

Executed as an agreement

Host School / Signed by the Host School / Accessing School / Signed by the Accessing School
Authorised Signatory / Authorised Signatory
Print Name / Print Name
Position / Position
In the presence of: / In the presence of:
Witness Signature / Witness Signature
Print Name / Print Name
Position / Position
Dated: / Dated:

This Agreement is to be used by a Victorian government school (the Accessing School) to access VET services provided by another Victorian government school (the Host School) that delivers VET under a Standard VET Auspiced Contract with an RTO.

Version 1.2 March 2017Page 1 of 11

School to School VET Access Agreement

Attachment 1 – Terms and Conditions

Agreement Not Legally Binding

  1. This Agreement is not intended to create legal relations between the parties. Notwithstanding this clause, the parties will comply with all of the terms of this Agreement.

Access to the Programs

  1. The Host School is purchasing auspice services from the RTO in relation to the Programs under a Standard VET Auspiced Contract
  2. The Host School will conduct the training and assessment components of the Programs through the Trainers at the Host School's premises and the other locations specified in Schedule1.
  3. The Accessing School seeks to have its Students to have the benefit of the Standard VET Auspiced Contract by being enrolled in and having access to the Programs.
  4. The Parties agree that the Students will have access to the Programs on the terms set out in this Agreement.

Disclosure of Auspiced Contract

  1. The Accessing School agrees that it has read and understood the Standard VET Auspiced Contract before signing this Agreement, including the provisions regarding:
  2. Student complaints and appeals;
  3. refunds by the RTO;
  4. standards and conditions applying to equipment and facilities used for the training and assessment components of the Programs; and
  5. any matters agreed between the Host School and the RTO under clause5 of the Standard VET Auspiced Contract.
  6. The parties agree that, based on consultation with each other, and where either party requires, inspection, sufficient provision has been made in respect of the equipment and facilities referred to in clause6.3 for the purpose of the Standard VET Contract and this Agreement.

Particular Student needs

  1. The parties agree that before entering into this Agreement, the Accessing School disclosed to the Host School the details of any adjustments, measures or other requirements which must be accommodated in the training and assessment components of relevant Programs in respect of one or more Students for the purpose of compliance with:
  2. the Disability Standards for Education Act 2005; and
  3. the Purchasing School's anaphylaxis management policy.

Duty of care

  1. The parties acknowledge and agree that each School Council has a duty of care to the Students.

Supervision of Students

  1. Where the Students will attend the Host School to participate in the Programs, the Host School will be responsible for the supervision of the Students enrolled in a Program whilst they are in receipt of the Training. Such supervision includes, but is not limited to:
  2. whilst the Services or Training are being provided at the Host School’s premises;
  3. whilst the Services or Training are being provided at any premises external to the Host School; and
  4. during any travel by the Students organised by the Host School, including but not limited to travel as part of an excursion and travel between premises where the Services or Training are provided, including the RTO's premises.

Child Safe Standards

  1. The parties acknowledge and agree that Victorian government schools are committed to:
  2. creating child safe environments;
  3. protecting students from abuse or harm in the school environment, managing the risk of child abuse, providing support to a child at risk of child abuse and responding to incidents or allegations of child abuse in accordance with their legal obligations, including Child Safety Laws.
  4. This clause only applies to the extent that the Host School is engaged in Child-connected work.
  5. The Host School acknowledges that the School Council and School Staff are required to comply with Child Safety Laws, the Ministerial Order and School Council Child Safety Policies.
  6. If the Host School is an Applicable Entity, it warrants to the School Council that it:
  7. is compliant and will continue to comply with Child Safety Laws; and
  8. will immediately provide the School Council with copies of any documents or information in respect to any compliance action taken by any regulatory authority in connection with child safety against the Host School.
  9. The Host School must:
  10. if applicable (whether or not the Host School must itself comply with Child Safety Laws), comply with any relevant School Council Child Safety Policies; and
  11. comply with any reasonable direction by the School Council in respect to compliance by the School Council, School Staff and/or the Host School with any Child Safety Laws or any relevant School Council Child Safety Policies.
  12. The School Council may terminate this Contract immediately if, in the School’s Council’s reasonable opinion, it determines at any time that:
  13. there is a breach of any Child Safety Laws caused by, or in any way connected with, the Host School; or
  14. the Host School is not suitable to engage in Child-connected work for the purposes of the School Council and School Staff's compliance with the Child Safety Laws or relevant School Council Child Safety Policies.

Host School's Warranties

  1. The Host School warrants that:
  2. the Students are named in the Standard VET Auspiced Contract;
  3. its premises and equipment are reasonably safe for the Students to attend and use, including:
  4. for the purpose of the Students having access to the Programs; and
  5. with regarding to the age and any disabilities of the Students.
  6. The Host School must ensure that all its staff who are responsible for or involved in the Trainingor supervision of the Students are registered with the Victorian Institute of Teaching as defined in the Education and Training Reform Act 2006 (Vic)(that is, the person is a registered teacher, which may include provisional registration, or has permission to teach).
  7. The Host School warrants that:
  8. it will comply with all of the Department's guidelines and policies for supervision of the Students, including for excursions, and its supervision arrangements for the Students are satisfactory;
  9. it has reporting arrangements for a Student or a parent to notify the Accessing School of any concerns about the Student's safety; and
  10. it will monitor and record the attendance of each Student at its premises and notify the Accessing School if a Student is absent.

Trainers

  1. The Host School warrants that the Trainers are staff of the Host School.
  2. The Host School must ensure that the Trainers:
  3. are qualified and experienced in accordance with Standards for Registered Training Organisations (RTOs) 2015 or the Australian Quality Training Framework Essential Conditions and Standards for Continuing Registration and the VRQA Guidelines for VET Providers (as applicable); and
  4. are registered with the Victorian Institute of Teaching (that is, the person is a registered teacher, which may include provisional registration, or has permission to teach).
  5. The Host School will ensure that the Trainers are available to conduct the training and assessment components of the Programs.
  6. The Host School warrants that the training and assessment components of the Programs will be conducted by the Trainers only.

Code of Conduct

  1. The Parties agree that all Students are expected to comply with the Host School's code of conduct when at the Host School's premises or otherwise being supervised by the Host School's staff.
  2. The Host School will refer any breach of the code of conduct by a Student to the Accessing School to be addressed as decided on by both parties.

Student Travel to Host School's Premises

  1. The parties may agree on the travel arrangements for Students from time to time where the Accessing School’s Students require access to the Host School's premises for the purpose of the Students participating in the Programs.

Program Material

  1. The Host School will supply each Student with all workbooks and learning materials for each Program in which they are enrolled.

Information Exchange and Reporting on Attendance

  1. Each party must provide the other party the information specified in Item 12of the Agreement Details.
  2. The Host School will provide the Accessing School with a weekly record of student attendances for the Programs.
  3. The Parties will schedule, participate in and minute regular meetings in respect of this Agreement and the Students' Access to the Programs as needed.

Notification of changes

  1. The Host School will notify the Accessing School:
  2. of any change, or likely change of which it becomes aware, to:
  3. its arrangements for supervising the Students;
  4. its reporting arrangements for notifying the Accessing School of any concerns about a Student's safety;
  5. any change in the qualifications or employment status of a Trainer that may impair the conduct of the training and assessment components of a Program; and
  6. the registration and accreditation status of the RTO; and
  7. of any performance issues or changes regarding the Standard VET Auspiced Contract that may affect a Student's access to or completion of a Program in which they are enrolled.
  8. The Accessing School must not amend a Student's results for a Program without agreement from the Host School.
  9. If the Accessing School becomes aware that a Student may seek late attainment of a competency, the Accessing School must notify the Host School.

First Aid

  1. Without limitation to any other clause of this Contract, the parties agree to comply with the First Aid Needs policy set out in the School Policy Advisory Guide.

Loss of Student Numbers

  1. The Parties acknowledge that each Student may leave a Program at any time.
  2. If a Student withdraws from a Program after four weeks from the scheduled commencement date of the semester, the Accessing School will not be eligible for any refund.
  3. If a Program is no longer viable to be continued due to the number of students leaving (from either the Host School or the Accessing School), the Parties must meet to determine a new course of action, provided that any action must facilitate the Program’s completion without any disadvantage to remaining students.

Fees

  1. All Fees associated with a Student accessing a Program are specified in the Agreement Details.

Invoicing and payment

  1. The Host Schoolmust submit to the Accessing School a tax invoice in respect of the Fees as set out in Agreement Details, or at such other time or times as agreed by the Parties. A tax invoice submitted for payment must contain the information necessary to be a tax invoice for the purposes of the GST Act together with such other information as the Accessing School may reasonably require and be sent to the address specified in the Agreement Details.
  2. The Accessing School will pay the invoiced amount within 30 days of receipt of an accurate invoice. However, if the School Council disputes the invoiced amount it must pay the undisputed amount (if any) and notify the Host Schoolof the amount the Accessing School believes is due for payment. The parties will endeavour to resolve any such dispute.

Representatives

  1. Each Party’s representative as named in the Agreement Details may exercise all of the powers and functions of his or her Party under this Agreement other than the power to amend this Agreement. Each Party may amend their representative by written notice to the other Party.

Variation

  1. This Agreement may only be varied in writing signed by all Parties.
  2. The parties may use the form in Schedule 5to vary this Agreement.
  3. If the Parties decide to vary the Agreement or choose not to extend its term, they will not take any action which will be prejudicial to a continuing Student completing a program.

GST

  1. Terms used in this clause have the same meanings given to them in the GST Act.
  2. Unless otherwise expressly stated, all prices or other sums payable or consideration to be provided under or in accordance with this Agreement are exclusive of GST.
  3. If GST is imposed on any supply made under or in accordance with these Conditions, the recipient of the taxable supply must pay to the supplier an additional amount equal to the GST payable on or for the taxable supply subject to the recipient receiving a valid tax invoice in respect of the supply at or before the time of payment. Payment of the additional amount will be made at the same time as payment for the taxable supply is required to be made.

Confidential Information

  1. Neither Party may use any confidential information of the other party except as genuinely and necessarily required for the purpose of this Agreement and neither party may disclose any confidential information of the party except:
  2. to an employee or agent of that party, on a ‘need to know’ and confidential basis;
  3. as required by law or a court order; or
  4. in accordance with any parliamentary or constitutional convention.

Termination

  1. A Party may terminate this Agreement upon giving written notice to the other Party if the other Party is in breach of this Agreement and (where the breach is capable of rectification) has not rectified that breach within 14 days of the first Party giving written notice to requiring rectification of that breach.
  2. If this Agreement is terminated, the Parties must ensure that provision is made allowing all Students to complete the Program in which they are then enrolled or alternative programs of vocational education and training acceptable to the Students.
  3. Any termination of this Agreement is without prejudice to any accrued rights of the Parties as at the date of termination nor will it affect the coming into force or the continuation in force of any provision of this contract that is expressly or by implication intended to come into force or continue in force on or after the termination.

Notices

  1. Any notices to be issued under this Agreement must be in writing and be sent to the party’s representative as set out in the Agreement Details.

Disputes

  1. If any dispute arises under or in connection with this Agreement which is not able to be resolved by the Parties within 14 days, a nominated senior executive officer (or equivalent) of each Party will promptly meet and discuss in good faith with a view to resolving the Dispute.
  2. If any Dispute is unable to be resolved in accordance with clause 54 within 14 days, or such other time as the parties may agree, the parties agree to refer the Dispute for resolution by the Secretary to the Department.
  3. The Parties to a Dispute will continue to perform their respective obligations under this Agreement, pending the resolution of a Dispute under clauses53 and 54.

General

  1. This Agreement will be governed by Law.
  2. The Parties acknowledge and agree that nothing in this Agreement constitutes any relationship of employer and employee, principal and agent, partnership or joint venture between the Parties.
  3. This Agreement contains the entire understanding between the Parties as to the subject matter of this Agreement.
  4. Clauses 40, 48, 51, 53, 54, and 55 survive the expiry or termination of this Agreement.

Interpretation

  1. In these Conditions, unless the context otherwise requires:

Accessing School has the meaning given in the Agreement Details.

Agreement means this agreement for the Students to access the Programs of which these Conditions and the Contract Details form part.

Conditions means these conditions setting out the Parties roles and responsibilities.