Standard Vetis Purchasing Contract

Standard VET Purchasing Contract (Independent Schools))

This adapted DET contract may be used by a Victorian independent school to purchase VET from an External Provider.

Contract Details

The Services must be supplied by theExternal Providerto the School Principal in accordance with the Conditions at clause 82.Capitalised terms in these Contract Details that are otherwise undefined have the meaning given in:

(a)the Conditions; or

(b)the Services

with the meaning in the Conditions to take precedence to the extent of any inconsistency.

Executed as an agreement

Vi Standard VET Purchasing Contract (Independent Schools)

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This adapted DET contract may be used by a Victorian independent schoolto purchase VET from an External Provider.

Provision of the Services

1. The External Provider must provide the Services to the School Principalin accordance with this Contract and must:
2. provide the Services in accordance with the Standards for NVR Registered Training Organisations orthe Australian Quality Training Framework Essential Conditions and Standards for Continuing Registration (as applicable);
3. comply with the current Training Package requirements and also any VCAA requirements where relevant
4. provide the Services in a proper, timely and efficient manner using that standard of care, skill, diligence, prudence and foresight that would reasonably be expected from a prudent, expert and experienced provider of services that are similar to the Services;
5. ensure the highest quality of work and the delivery of the Services with the utmost efficiency;
6. act in good faith and in the best interests of the School Principal and the School; and
7. provide any and all equipment necessary for the performance of the Services, except for items specified in Schedule7, or as the parties may agree from time to time.
8. If at any time during the Term the External Provider is unable or is likely to become unable to provide any or all of the Services, it must immediately notify the School Principal.
9. The parties agree that they have consulted with each other as to the suitability of the Programs and the content of the training and assessment materials for the School Principal's curriculum, and any matters agreed as part of that consultation that affect the Services are recorded in Schedule1.
10. The Principal must ensure that all materials, produced/used by the Schoolunder this agreement, which make reference to VET Programs, include the following:

(i)The RTO name and RTO code

(ii)The RTO logo (optional).

These requirements apply to all materials prepared and/or distributed by the School Principal in relation to the Services, including but not limited to marketing materials, any communications, course information, correspondence and emails, and website information.

Fees

1. The Fees applicable to the Services are fixed for the period of this agreement as specified in Item 7.
2. The School Principal will, on demand by the External Provider, pay simple interest on a daily basis on any overdue and undisputed amount, at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 (Vic).
3. The External Provider acknowledges and agrees that:
4. all Students are subject to all eligibility criteria for the Victorian Training Guarantee, including that a Student enrolled at a school (except a school based apprentice or trainee) is not eligible for the Victorian Training Guarantee; and
5. it will not make a claim under the Victorian Training Guarantee in relation to a Student who is ineligible for the Victorian Training Guarantee.

Invoicing and payment

1. The External Provider must submit to the School Principal a Tax Invoice in respect of the Services as set out in Item 7 of the Contract 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 School Principal may reasonably require and be sent to the address specified in the Contract Details.
2. The School Principalwill pay the invoiced amount within 30 days of receipt of an invoice. However, if the School Principaldisputes the invoiced amount they must pay the undisputed amount (if any) and notify the External Provider of the amount the School Principalbelieves is due for payment. The parties will endeavour to resolve any such dispute, and the School Principal may withhold payment of the disputed amount pending resolution of the dispute.
3. The School Principalmay withhold payment of aninvoiced amountif the External Provider has not provided sufficient information in accordance with clause30 to satisfy the School Principal that the Services have been performed in accordance with this Contract. For the avoidance of doubt, the invoiced amount withheld does not need to relate to the Services for which the External Provider has not provided sufficient information.
4. The School Principalmay set off against any sum owing to the External Providerunder this Contract any amount then owing by the External Providerto the School Principal.
5. Payment of an invoice is not to be taken as evidence that the Services have been supplied in accordance with the Contract but must be taken only as payment on account.
6. The School Principal will, on demand by the External Provider, pay simple interest on a daily basis on any Overdue Amount, at the rate for the time being fixed under the Penalty Interest Rates Act 1983 (Vic).

Delivery of the Services

1. The External Providerwarrants that:
2. it is accredited and approved to deliver the Services;
3. without limitation to clause 14.1, in the case where it is engaged in providing direct delivery of the Services to the students:
4. it is registered with the Victorian Registration and Qualifications Authority or the Australian Skills Quality Authority (as appropriate); and
5. it has the qualifications and/or units of competency to provide the Services on its scope of registration;

or, in the case where it is engaged in providing the Services to the Students under a Third Party Agreement, the External Provider has entered into a Third Party Agreement with a Registered Training Organisation that meets 14.2.1 and 14.2.2, and that the School Principal has read and understood the Third Party Agreement.

1. Where the delivery of Services to Students occurs at a location on the grounds of a school (as defined in the Education and Training Reform Act 2006 (Vic), the External Provider must ensure that the External Provider Personnel and any other person responsible for or involved in the provision of such Services:
2. are qualified and experienced in accordance with the Standards for NVR Registered Training Organisations orthe Australian Quality Training Framework Essential Conditions and Standards for Continuing Registration (as applicable); and
3. 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).
4. Where the delivery of Services to Students occurs at a location that is not on the grounds of a school (as defined in the Education and Training Reform Act 2006 (Vic), the External Provider must ensure that the External Provider Personnel and any other person responsible for or involved in the provision of such Services:
5. are qualified and experienced in accordance with the Standards for NVR Registered Training Organisations orthe Australian Quality Training Framework Essential Conditions and Standards for Continuing Registration (as applicable); and
6. are either:
7. 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); or:
8. have undertaken a satisfactory police records check and have a satisfactory working with children check under the Working With Children Act 2005 (Vic).
9. The External provider warrants that:
10. to the best of its knowledge the External Provider or its employees do not have any duties or interests that will create, or may reasonably be expected to create, a conflict with the External Provider’s obligations under this Contract; and
11. during the Term neither it nor its employees will do anything that will result in the External Provideror its employees having a duty or interest that will create, or may reasonably be expected to create, a conflict with the External Provider’s obligations under this Contract.

Replacement Personnel

1. If the External Provider Personnel or any other person responsible for delivering the Services to Students are unavailable to provide the Services for unforseen reasons, the External Provider must ensure that any replacement personnel satisfy the requirements of either clause 15 or 16 (as applicable depending on the location where the delivery of the Services occurs). The External Provider must promptly notify the School Principal of any replacement personnel.
2. The External Provider bears all costs in connection with providing any and all replacement personnel.

Student Suitability

1. The parties agree that they have consulted with each other to establish the suitability of the Students for enrolment in the relevant Programs, and that this consultation has included reference to any applicable policies of the External Provider.
2. The School Principal will be responsible for all and any advice provided to Students including but not limited to VCAA VCE VET program requirements, potential credit contribution of the Program including Block Credit recognition (where relevant), and VTAC policies on, and conditions applicable to, the calculation of the ATAR.

Duty of care

1. The parties acknowledge and agree that the School Principal has a duty of care to the Students, as described in the 'Duty of Care' policy outlined in the Department of Education and Training's School Policy and Advisory Guide.

Supervision of Students

1. The External Providerwill be responsible for the supervision of the Students enrolled in a Program whilst they are in receipt of the Services. Such supervision includes, but is not limited to:
2. whilst Services are being provided at the Schoolpremises;
3. whilst Services are being provided at any premises external to the School; and
4. during any travel by the Students organised by the External Provider, including but not limited to travel as part of an excursion and travel between premises of the External Provider.

1. The External Providermust promptly notify the School Principalof any non-attendance and/or repeated non-engagement in accordance with any reasonable directions given by the School Principalto the External Provider.
2. The External Providermust immediately notify the School Principalas soon as it becomes aware of any danger to any Student in connection with the Student’s participation in a Program.
3. If a danger to any student has been identified, the External Provider must implement or assist in implementing any arrangements considered reasonably necessary by the School Principal to remove or alleviate that danger or remove the student from that danger.

Records and Provision of Information

1. The External Provider must record and monitor the attendances and engagement of the Students.
2. The External Providermust notify the School Principalas soon as practicable if it forms the view that the Training and Assessment in any way fails, or is likely to fail, to meet the relevant Training Package requirements and also any VCAA requirements where relevantor comply with the Standards for NVR Registered Training Organisations or the Australian Quality Training Framework Essential Conditions and Standards for Continuing Registration (as applicable).
3. Records should comply with the reporting requirements for the National Centre for Vocational Education Research (NCVER) and as required by the VET regulator.
4. The External Provider must provide the School Principalwith all reports, data or other information that the School Principalmay request to enable it to adequately assess the performance of the External Provider.
5. During the Term and for seven years after expiry or termination, the External Providermust keep accounts and records of:
6. all Services supplied under this Contract; and
7. all associated records includingall supporting materials used to generate and substantiate invoices submitted in respect of Services supplied under this Contract.
8. The External Providermust provide student results and ensure appropriate certificationis provided to the School Principalas specified in Item 11 of the Contract Details.

Notice of Changes

1. If there is any change to the registration status of the External Provider, the External Provider must immediately notify the School Principal of that change. If the Services are provided under a Third Party Agreement with a Registered Training Organisation and there is any relevant change to the registration status of the RTO, the External Provider must immediately notify the School Principal of that change.
2. If there is a change in any matter disclosed by the External Provider, the External Providermust immediately notify the School Principal.
3. The External Provider must give the School Principal reasonable notice if the External Providerproposes to change which elective units will be available for a Program.
4. The School Principalmust not amend, or allow to be amended, a Student's results for a Program without the agreement ofthe External Provider.
5. If the School Principalbecomes aware that a Student may seek late attainment of a competency, the School Principalmust notify the External Provider prior to the expiry of this Contract.

Access to premises

1. The External Provider must permit the School Principal, the School Principal’s employees, agents or representatives access to any premises where the Services are being provided.
2. If the External Provider needs to access the School premises and/or use the School property (both requiring the School Principal’s consent) in order to carry out the Services, then, the External Provider is responsible for and must promptly repair any damage caused to those items to the extent caused or contributed to by the External Provider.

No Parent Payments

1. The External Provider must not request any payments from Students or parents for or in relation to the provision of a Program.
2. The School Principal must ensure that all additional costs for materials associated with the VET Program such as clothing and equipment are clearly detailed in the marketing information, including and not limited to online publications and student handbooks (soft and hard copies).

Particular Student needs

1. The parties agree that before entering into this Contract, the School Principal disclosed to the External Provider the details of any adjustments, measures or other requirements which the External Providermust comply with or accommodate (as relevant) in the delivery of the Services in respect of one or more Students for the purpose of compliance with:
2. the Disability Standards for Education Act 2005; and
3. the School’s anaphylaxis management policy.

Intellectual Property Rights

1. The External Providerwarrants that it is entitled to use any Intellectual Property Rights used by it in the provision of the Services and that in performing its obligations under this Contract the External Providerwill not infringe the Intellectual Property Rights of any person. The External Provider will indemnify the School Principal and the School against all costs, expenses and liabilities arising out of a breach of this clause.
2. The School Principal acknowledges that all External Provider policies, procedures, templates and other documentation produced by the External Provider shall remain copyright to, and the property of, the External Provider.
3. The School Principal will ensure that any and all documentation provided by the External Provider will be used solely for the purposes of the provision of the Services as agreed to under this Contract.
4. Where the School is also a Registered Training Organisation, then the School Principal will agree that no use of, or reference to, may be made in respect of any materials produced by, and/or for, the External Provider in any future applications by the School for extension to its scope of registration.

Compliance with laws and policies

1. The External Providermust, in the provision of the Services, comply with all School governance arrangements, and all Laws and with the lawful requirements or policy of any governmental agency affecting or applicable to the provision of the Services.
2. Without limitation to clause 47, the External Provider must ensure that, in respect of its employees and contractors and any other persons engaged by it to provide the Services, it:
3. complies with the provisions of the Accident Compensation Act 1985 (Vic);
4. insures against its liability to pay compensation whether under legislation or otherwise; and
5. produces to the School Principal on request any certificates or like documentation required by the Accident Compensation Act 1985 (Vic).

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