Department of Education
and Training
Call for Expressions of Interest
Victorian based Training Providers
Call for Expressions of
Interest
Inviting Victorian based Training Providers to
lodge an Expression of Interest for eligibility to
enter a VET Funding Contract to deliver
Government subsidised nationally recognised
training through the Victorian Government’s Skills
First Program in 2017
Reference number
Skills First 2017-01
Issue Date
2.00 pm Australian Eastern Standard Time,
1 September 2016
Closing time for
submitting Expressions
of Interest
2.00 pm Australian Eastern Standard Time,
28 September 2016
Place of lodgement
Electronic lodgement
https://www.eduweb.vic.gov.au/svts
Please note: Expressions of Interest submitted by Training Providers will indicate a
desire to deliver nationally recognised training to individuals eligible to commence
Government subsidised training through the Victorian Government’s Skills First Program
in 2017. By submitting an Expression of Interest, you are confirming the Training
Provider’s capacity and capability to adhere to the requirements of the relevant 2017
VET Funding Contract.
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Contents
Introduction
Reference Schedule
PART A - Conditions of the Call for Expressions of Interest process
PART B – Training Provider’s Response (Expression of Interest)
PART C – Optional Submissions
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Introduction
The Department of Education and Training (the Department), invites Victorian based
Registered Training Organisations (Training Providers) to submit an Expression of
Interest to be considered for a VET Funding Contract for the provision of nationally
recognised training to Eligible Individuals through the Victorian Government’s Skills First
Program in 2017.
The Government’s Skills First Program ensures that only Training Providers who satisfy
new rigorous standards will get access to funding to provide industry relevant training
that will lead to real jobs. Under Skills First, the Training and TAFE system will be
contestable but managed, with improved quality requirements included in the new VET
Funding Contract.
Training Providers will be required to indicate their interest in either a 2017 Standard
VET Funding Contract or a 2017 Restricted VET Funding Contract:
The 2017 Standard VET Funding Contract enables Training Providers to claim funds for
an initial allocation of 1,000 commencements in 2017, with the ability to seek approval
from the Department to extend this allocation where there is a clear and demonstrated
labour market demand. Training Providers seeking a ‘Standard’ contract are required to
submit a Detailed Program Delivery Plan for each Program (course/qualification) they
intend to deliver.
The 2017 Restricted VET Funding Contract will enable Training Providers to claim funds
for a maximum of 200 commencements in 2017, will have a lower impact compliance
program applied, and will not allow subcontracting. Training Providers seeking a
‘Restricted’ contract are required to submit a Nominal Program Delivery Plan for each
Program (course/qualification) they intend to deliver, except where the program includes
a course that has been identified by the Department as ‘High Risk’ in the 2017 Funded
Courses List, in which case a Detailed Program Delivery Plan must be submitted.
In submitting an Expression of Interest, Training Providers should consider the relevant
Draft Contracts to determine the appropriate choice.
Training Providers may also choose to indicate their interest in having their eligibility
assessed for a range of Optional Initiatives including:
(a)
(b)
(c)
The Recognition of Prior Learning (RPL) Approved Provider List;
The Foundation Skills Approved Provider List; and
The Training and Assessment (TAA) Approved Provider List.
The specific requirements in relation to the Services to be provided, including those
associated with the Optional Initiatives, will be finalised and provided as part of any offer
to enter into a VET Funding Contract arising from the process.
Training Providers on the 2016 RPL, Foundation Skills and TAA Approved Provider Lists
will remain on these lists for 2017, if they are successful in their application for a 2017
VET Funding Contract.
Training Providers that are not currently on these lists must apply for the Optional
Initiatives to be able to deliver RPL, or courses on the Foundation Skills Course List or
TAA Course List under the Skills First program in 2017.
In issuing this Call for Expressions of Interest, the Department seeks to identify Training
Providers that can demonstrate a commitment to high quality provision of nationally
recognised training and are:
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(a)
able to fulfil the obligations under a VET Funding Contract associated with the
provision of nationally recognised high quality training to individuals eligible to
commence Government subsidised training through the Victorian Government’s
Skills First Program in 2017; and
(b)
able to demonstrate commitment and ability to work in collaboration with the
Department over the term of any VET Funding Contract to continuously seek
improvements in value, efficiency and productivity in connection with the provision
of the Services; and
(c)
prepared to work with the Department to continue to identify opportunities for
improvement in the quality and level of service provided.
To be assessed as eligible to receive an offer of a VET Funding Contract to deliver
Government subsidised nationally recognised training through the Skills First Program,
Training Providers must meet all of the criteria described in Part A, Attachment A:
Eligibility and Evaluation Criteria.
Only Training Providers capable of complying in full with the conditions set out in
this Call for Expressions of Interest should submit an Expression of Interest.
Training Providers should fully inform themselves in relation to all matters arising from
the Call for Expressions of Interest and will be deemed to have made their own
enquiries and assessed all associated risks.
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Reference Schedule
The information contained in this Reference Schedule must be read in conjunction with
Part A of this Call for Expressions of Interest.
Capitalised terms used in this Call for Expressions of Interest have defined meanings
which are explained in section 11.1. Capitalised terms defined elsewhere in this Call for
Expressions of Interest but not referred to in section 11.1 have the same meaning
wherever used throughout this Call for Expressions of Interest.
Item 1: Department:
Department of Education and Training
Item 2: Call for Expressions of Interest reference number:
Skills First 2017-01
Item 3: Project Manager
Name and title
David Barron
Acting Director, Funding and Quality Assurance
Services
Department of Education and Training
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Item 4: Timetable
Activity
Date
Issue Date:
2.00 pm Australian Eastern Standard
Time (AEST)
Thursday 1 September 2016
Start of period for questions or requests
for information:
2.00 pm AEST
Thursday 1 September 2016
Enquiries will only be accepted via SVTS
(Submit Applications > Ask a Question)
End of period for questions or requests
for information:
4:00 pm AEST
Wednesday 21 September 2016
Closing Time for Expressions of
Interest:
2.00 pm AEST
Wednesday 28 September 2016
Closing Time for the Statement and
Declaration and all supporting
documentation:
2.00 pm AEST
Wednesday 28 September 2016
Closing Time for Financial Assessment
Certificate and Report (and supporting
documents):
2.00 pm AEST
Wednesday 28 September 2016
Closing Time for Optional Initiative
applications (and supporting
documents):
2.00 pm AEST
Wednesday 28 September 2016
The Department reserves the right to vary key dates where necessary.
Item 5: Call for Expressions of Interest Briefing details
The following Briefing Schedule is proposed for Training Providers seeking to submit an
Expression of Interest:
Date
Venue
Thursday 1 September
Melbourne – Pullman, Melbourne on the Park
Monday 5 September
Traralgon – Traralgon Business Centre
Tuesday 6 September
Melbourne – Treasury Theatre
Wednesday 7 September
Bendigo – The Capital Theatre
Thursday 8 September
Geelong – Mercure Geelong
Interested parties should register via the Events Registration function of the SVTS to
ensure availability. Unregistered attendees will be unable to attend.
Any questions raised during the Call for Expressions of Interest Briefings will be treated
in accordance with Part A – Conditions, Clause 4.1 of this Call for Expressions of
Interest.
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Item 6: Additional Materials and Resources
Training Providers should familiarise themselves with the full suite of documents that are
available via the SVTS > Submit Applications https://www.eduweb.vic.gov.au/svts from
1 September 2016:

Guide to the Call for Expressions of Interest Process for Victorian Based
Training Providers

Draft 2017 Standard VET Funding Contract

Draft 2017 Restricted VET Funding Contract

Summary of Key Features of the 2017 VET Funding Contract

Statement and Declaration

Organisational Capacity and Capability Statement

Guidelines for Financial Assessment of Training Providers (August 2016)

Draft 2017 Guidelines about Apprenticeship/Traineeship Training Delivery

Draft 2017 Guidelines about Determining Student Eligibility and Supporting
Evidence

Draft 2017 Guidelines about Fees

Guide to the Program Delivery Plans

Register of Trainers and Assessors

2017 Funded Courses List

Victorian VET Student Statistical Collection Guidelines - 2017, Version 1

Regional Jobs and Training Needs Reports
Item 7: Lodgement of Expression of Interest
Training Providers must lodge their Expressions of Interest in accordance with Part B of
this Call for Expressions of Interest via the SVTS (at https://www.eduweb.vic.gov.au/svts
> Submit Applications) and in accordance with the required format as outlined in this
Call for Expressions of Interest.
Training Providers must ensure that all relevant Schedules in Part B of this Call for
Expressions of Interest are completed and included in the Expression of Interest.
Training Providers also wishing to be considered for the Optional Initiatives must
complete all relevant components of Schedule 4 of Part C of this Call for Expressions of
Interest.
7.1
Electronic lodgement of Expressions of Interest, Part B, Schedules 1, 2 and 3

Training Providers must submit Schedules 1 and 3 of Part B via the SVTS as
indicated in Item 4 of this Reference Schedule.
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
Program Delivery Plans1 must be completed and submitted (in accordance with
the Guidelines to the Program Delivery Plans) by Training Providers through
SVTS (at https://www.eduweb.vic.gov.au/svts > Submit Applications > Submit
Expression of Interest > Program Delivery Plan List). For the avoidance of doubt,
Training Providers must submit a separate Program Delivery Plan for each
Program (course/qualification) they intend to deliver in 2017.

Training Providers must submit the Statement and Declaration under Schedule 1
via the SVTS (at https://www.eduweb.vic.gov.au/svts > Submit Applications>
Submit Expression of Interest).

The Financial Assessment Certificate and Report, together with all supporting
documents relating to the Financial Assessment described within Schedule 2 of
Part B must be submitted directly to the Department’s nominated financial
assessor, in accordance with the Guidelines for the Financial Assessment of
Training Providers (August 2016)2.

The Organisational Capacity and Capability Statement must be submitted under
Schedule 3 of Part B via the Supporting Documents function of Schedule 3 of
the Call for Expressions of Interest on the SVTS (at
https://www.eduweb.vic.gov.au/svts > Submit Applications> Submit Expression
of Interest).

Training Providers must submit the Register of Trainers and Assessors, in line
with Part B, Schedule 3, via the ‘Ask a Question’ function on SVTS (at
https://www.eduweb.vic.gov.au/svts > Submit Applications> Submit Expression
of Interest> Ask a Question). Training Providers that submitted a Register of
Trainers and Assessors in accordance with 2016 VET Funding Contract
requirements are not required to resubmit the register.
1
Training Providers submitting an EOI for a Restricted VET Funding Contract are required to complete a Nominal
Program Delivery Plan for each Program (course/qualification), except where the Program has been identified
by the Department as ‘High Risk’ in the 2017 Funded Courses List, in which case a Detailed Program Delivery
Plan must be submitted.
2
Learn Local Organisations applying for a 2017 Restricted VET Funding Contract must have audited financial
statements but are exempted from the requirement for the auditor to be an ASIC Registered Auditor.
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7.2
Electronic lodgement of Expressions of Interest, Part C, Schedule 4


In order to deliver Government subsidised RPL, or Government subsidised
courses on the Foundation Skills List or the Training and Assessment List,
Training Providers must be approved for inclusion on the relevant Approved
Provider List. To apply for any of these Optional Initiatives, Training Providers
will need to do the following:

Indicate their interest in the relevant Optional Initiative via
Schedule 4 of this Call for Expressions of Interest on the SVTS
(at https://www.eduweb.vic.gov.au/svts > Submit Applications>
Submit Expression of Interest);

For the ‘RPL Approved Provider List’, submit required documents
via the VET Development Centre’s secure web portal
http://vdc.edu.au/funding-opportunities/

For the ‘Foundation Skills Approved Provider List’, submit
required documents via the VET Development Centre’s secure
web portal http://vdc.edu.au/funding-opportunities/

For the ‘Training and Assessment Approved Provider List’ submit
required documents via the VET Development Centre’s secure
web portal: http://vdc.edu.au/funding-opportunities/
The Provider Network for the Young People Transitioning from Care Initiative will
not be open for further applications for 2017. Training Providers who were
approved as part of this initiative in 2016 may continue to take part in 2017.
Training Providers should submit an SVTS Enquiry to the Department if they
would no longer like to take part in this initiative.
Electronic Expression of
Interest
Expressions of Interest are to be lodged electronically
through the secure, web based system, the SVTS.
Training Providers that DO have a user name and
password for the SVTS can submit an Expression of
Interest via the following link:
https://www.eduweb.vic.gov.au/svts > Submit
Applications
Training Providers that DO NOT have a username
and password can find information on creating a
username and password by selecting the link below to
access the document “SVTS Login User Guide”:
https://www.eduweb.vic.gov.au/svts
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Part A – Conditions of the Call for Expressions of
Interest:
Rules governing this Call for Expressions of Interest
1
Application of these rules
Expressions of Interest submitted in response to this Call for Expressions of
Interest are subject to compliance with the rules contained in this Part A.
These rules are deemed to be accepted by all Training Providers and by all
persons having received or obtained the Call for Expressions of Interest.
All persons (whether or not they submit an Expression of Interest) having
obtained or received this Call for Expressions of Interest may only use it, and
the information contained in it, in compliance with the rules set out in this Part
A.
The rules contained in this Part A of the Call for Expressions of Interest apply
with respect to:
2
(a)
the Call for Expressions of Interest;
(b)
any other information given, received or made available in connection
with the Call for Expressions of Interest, including any additional
materials specified in item 6 of the Reference Schedule and any
revisions to any documentation or addenda associated with the Call for
Expressions of Interest Process;
(c)
the requirements for submitting the Expression of Interest;
(d)
the assessment of submitted Expressions of Interest;
(e)
the Call for Expressions of Interest Process generally; and
(f)
any communications relating to any of the matters set out in paragraphs
(a) to (e) above.
Structure of the Call for Expressions of Interest
This Call for Expressions of Interest consists of the following parts:
(a)
Introduction
(b)
Reference Schedule
(c)
Part A – Conditions of the Call for Expressions of Interest Process
sets out the rules applying to the Call for Expressions of Interest
documents and to the Call for Expressions of Interest Process.
(d)
Part B – Training Provider’s Response (Expression of Interest)
specifies the information to be provided in a submission and may also
specify any information to be provided by a Training Provider by other
means.
(e)
Part C – Optional Initiative Submission (Expression of Interest)
specifies the information to be provided in a submission relating to the
Optional Initiatives ‘RPL Approved Provider List’; ‘Foundation Skills
Approved Provider List’ and ‘Training and Assessment Approved
Provider List’.
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3
Call for Expressions of Interest
3.1
Status of the Call for Expressions of Interest
The Call for Expressions of Interest is an invitation to apply to be assessed for
eligibility and is not an offer. Training Providers are invited to submit an
Expression of Interest to be considered for a VET Funding Contract for the
provision of nationally recognised training to individuals eligible to commence
Government subsidised training through the Victorian Government’s Skills First
Program from 2017.
Accordingly, this Call for Expressions of Interest must not be construed,
interpreted, or relied upon, whether expressly or impliedly, as an offer capable
of acceptance by any person, or as creating any form of contractual,
promissory, restitutionary or other rights.
No binding contract (including a process contract) or other understanding
(including any form of contractual, promissory, restitutionary or other rights) for
the supply of the Services will exist between the Department and any Training
Provider unless and until the Department has executed a formal written VET
Funding Contract.
3.2
Accuracy of the Call for Expressions of Interest
While all due care has been taken in connection with the preparation of this
Call for Expressions of Interest, the Department does not warrant the accuracy
of the content of the Call for Expressions of Interest, and the Department will
not be liable for any errors or omission from the Call for Expressions of
Interest.
3.3
Additions and amendments to the Call for Expressions of
Interest
The Department reserves the right to change any information in, or to issue
addenda to, this Call for Expressions of Interest.
3.4
Representations
No representation made by or on behalf of the Department in relation to the
Call for Expressions of Interest (or its subject matter) will be binding on the
Department unless that representation is expressly incorporated into the VET
Funding Contract(s) ultimately entered into between the Department and a
Training Provider.
3.5
Confidentiality
All persons (including Training Providers) obtaining or receiving the Call for
Expressions of Interest and any other information in connection with the Call
for Expressions of Interest must keep the contents of the other information in
connection with the Call for Expressions of Interest confidential.
The Department will treat all information provided by a Training Provider in
their Expressions of Interest as confidential information but may be required to
disclose such information in the circumstances outlined in section 5.7 of this
Part A of the Call for Expressions of Interest.
3.6
Licence to use and Intellectual Property Rights
Persons obtaining or receiving this Call for Expressions of Interest and any
other documents issued in relation to the Call for Expressions of Interest
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Process may use the Call for Expressions of Interest and such documents only
for the purpose of preparing an Expression of Interest.
Such Intellectual Property Rights as may exist in the Call for Expressions of
Interest and any other documents provided to Training Providers by or on
behalf of the Department in connection with the Call for Expressions of Interest
Process are owned by (and will remain the property of) the Department.
3.7
Availability of additional materials
Additional materials (if any) may be accessed in the manner set out in Item 6
of the Reference Schedule.
4
4.1
Communications during the Call for
Expressions of Interest Process
Requests for clarification or further information
Any questions or requests for further information or clarification of the Call for
Expressions of Interest (or any other document issued in connection with the
Call for Expressions of Interest Process) must be submitted in writing via SVTS
(Submit Applications>Ask a Question).
The period during which the Department will accept questions or requests for
further information or for clarification is restricted to the dates outlined in this
Item 4 of the Reference Schedule.
All communication regarding the Expression of Interest in an Optional Initiative
must be submitted in writing via SVTS (Submit Applications>Ask a Question).
Except where the Department is of the opinion that issues raised apply only to
an individual Training Provider, questions submitted and answers provided
may be made available on SVTS to all Training Providers without identifying
the person or organisation having submitted the question.
If the Department makes answers available on SVTS to all Training Providers,
the Department may not provide an individual response to the Training
Provider that submitted the question or requested clarification. In all other
cases, the Department may deliver any written notification or response to a
Training Provider via SVTS.
4.2
Meetings
Requests for meetings with the Department cannot be accommodated.
Training Providers requiring clarification or further information are referred to
section 4.1 of this Part A to the Call for Expressions of Interest.
4.3
Unauthorised communications and activities
Communications relating to this Call for Expressions of Interest process
(including promotional or advertising activities) with staff of the Department or
consultants or other persons assisting the Department with the Call for
Expressions of Interest Process are not permitted during the Call for
Expressions of Interest Process except as provided in section 4.2 of this Part A
to the Call for Expression of Interest.
Other than permitted activities expressly provided for in this Call for
Expressions of Interest, or other activities that are necessary to meet existing
contractual obligations to the Department, Training Providers, including agents
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or other third parties on behalf of Training Providers, must not engage in any
activities that are intended to, may be perceived as, or may have the effect of,
influencing the outcomes of the Call for Expressions of Interest Process in any
way.
Training Providers, including agents or other third parties on behalf of Training
Providers, must not under any circumstances provide or offer to provide any
gifts or favours to staff of the Department, or consultants or other persons
assisting the Department with the Call for Expressions of Interest Process.
The Department may, in its absolute discretion, immediately disqualify an
Expression of Interest from further consideration if any associated
unauthorised communications or activities are identified.
For the avoidance of doubt:
a) all communications and activities referred to in this section 4.3 are
deemed to be unauthorised communications (other than
communications referred to in paragraph (b));
b) communications with staff of, or consultants to, the Department are not
unauthorised communications where such communications do not
directly relate to this Call for Expressions of Interest or the Call for
Expressions of Interest Process.
4.4
Improper assistance
The Department may, in its absolute discretion, immediately disqualify an
Expression of Interest from further consideration if the Department has
reasonable grounds to believe that a Training Provider has sought or obtained
improper assistance from any employees, agents or contractors of the
Department or any other agency of the State of Victoria.
For the purposes of this section 4.4, “Improper Assistance” means any
assistance that would provide the Training Provider with a material advantage
over other Training Providers or securing a favourable outcome in relation to
this Call for Expressions of Interest Process, but does not include assistance
provided by other agencies of the State of Victoria where such assistance is
provided as part of a partnership arrangement that is directly related to the
Expression of Interest.
4.5
Anti-competitive conduct
In submitting an Expression of Interest, Training Providers and their respective
officers, employees, agents and advisers must not engage in any collusion,
anti-competitive conduct or any other conduct, activity or representation that
does not comply with the Competition and Consumer Act 2010 (Vic).
Such conduct, activities or representations may, amongst other things, relate to
dealings with other Training Providers or persons in relation to the preparation,
content or lodgement of their Expression of Interest.
The Department may, in its absolute discretion, immediately disqualify an
Expression of Interest from further consideration if it has reasonable grounds to
believe that a Training Provider has not complied with this section 4.5.
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4.6
Complaints about the Call for Expressions of Interest Process
Any complaint about the Call for Expressions of Interest Process must be
submitted in writing immediately upon the cause of the complaint arising or
becoming known to the Training Provider to:
Executive Director
Training Market Quality, Higher Education and Skills Group
Department of Education and Training
2 Treasury Place, East Melbourne, Victoria 3002
5
Submission of Expression of Interest
5.1
Lodgement
Expressions of Interest must be lodged in accordance with Item 7 of the
Reference Schedule, and Parts A, B and C of the Call for Expressions of
Interest.
Training Providers must lodge Expressions of Interest by the applicable
Closing Time for each document.
The Closing Time for lodgement of Expressions of Interest (or specified
documents that form part of the Expressions of Interest) may be extended by
the Department in its absolute discretion by providing written advice via an
announcement on the SVTS at https://www.eduweb.vic.gov.au/svts.
Expressions of Interest lodged otherwise than in accordance with the
requirement for lodgement specified in this Call for Expressions of Interest will
be disqualified from the Call for Expressions of Interest Process and will be
ineligible for consideration.
Expressions of Interest (or specified documents that form part of the
Expressions of Interest) lodged outside of the applicable Closing Time will not
be considered except where the Training Provider can clearly demonstrate (to
the reasonable satisfaction of the Department) that lodgement:
5.2
(a)
was late as a result of mishandling of the receipt of Expressions of
Interest by the Department or its agents; or
(b)
was hindered by a major incident;
(c)
and, in either case, the integrity of the Call for Expressions of Interest
Process will not be compromised by accepting the documentation after
the Closing Time.
Format and contents
Training Providers must ensure that:
(a)
their Expression of Interest is presented in the required format as set out
in Part B and Part C (where relevant); and
(b)
all the information fields in Part B and Part C (where relevant) are
completed and contain the information requested.
The Department may in its absolute discretion disqualify an Expression of
Interest from further consideration that does not include any information
requested in this Call for Expressions of Interest or is not in the format
required.
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5.3
Illegible content, alteration and erasures
Incomplete Expressions of Interest may be disqualified from further
consideration, and if they are not disqualified, additional information or
clarifications submitted by Training Providers after the Closing Time may not
be taken into account by the Department in the Evaluation Process.
The Department may disregard any content in an Expression of Interest that is
illegible and may not seek clarification from the Training Provider except where
such clarification is necessary to correct an unintentional error of form.
The Department may, in its absolute discretion, permit a Training Provider to
correct an unintentional error of form in their Expression of Interest where that
error becomes known or apparent after the Closing Time, but in no event will
any correction be permitted if the Department reasonably considers that the
correction would materially alter the substance of the Expression of Interest.
Unsigned, undated, or incomplete statutory declarations or Financial
Assessment Certificate and Reports will result in an Expression of Interest
being deemed to be an Incomplete Expression of Interest.
5.4
Notification of errors
If, after a Training Provider’s Expression of Interest has been submitted, the
Training Provider becomes aware of an error in the Expression of Interest, the
Training Provider must promptly notify the Department of such error.
5.5
Provision of False or Misleading information
Training Providers must not include any false or misleading information in its
Expression of Interest, and must not otherwise engage in any misleading and
deceptive conduct or other misrepresentation in relation to its Expression of
Interest.
If, after a Training Provider’s Expression of Interest has been submitted, the
Department becomes aware that the Training Provider and/or the Expression
of Interest does not comply with this section 5.5, the Department may, in its
absolute discretion, disqualify the Expression of Interest from further
consideration, or request further information.
If an Expression of Interest is evaluated and the Training Provider is deemed
by the Department to be eligible and the Department subsequently discovers
that the Training Provider and/or the Expression of Interest has not complied
with this section 5.5, the Department may:
(a)
(b)
5.6
withdraw any offer it has made to the Training Provider in relation to any
proposed VET Funding Contract between the parties; or
terminate any VET Funding Contract entered into as a result of the
Expression of Interest.
Preparation of Expressions of Interest
The Department will not be liable for any cost, expense or loss that may be
incurred by Training Providers or any other person in relation to the
preparation, lodgement or evaluation of their Expression of Interest.
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5.7
Disclosure of Expression of Interest contents and Expression of
Interest information
Expressions of Interest will be treated as confidential by the Department. The
Department will not disclose Expression of Interest contents and Expression of
Interest information, including the outcome of evaluations, except:
5.8
(a)
as required by law (including, amongst other things, as required under
the Freedom of Information Act 1982 (Vic));
(b)
for the purpose of investigations by the Australian Competition and
Consumer Commission or other Government authorities having relevant
jurisdiction;
(c)
to the Victorian Registration and Qualifications Authority or the Australian
Skills Quality Authority, for the purpose of risk assessment of the
Training Provider, by the relevant regulator;
(d)
to other Commonwealth, State or Territory Departments or Agencies;
(e)
to other Victorian Government agencies, external consultants and
advisers of the Department engaged to assist with the Call for
Expressions of Interest Process.
Use of Expressions of Interest
Upon submission in accordance with the requirements of section 5 of this
Part A and Item 7 of the Reference Schedule, Intellectual Property Rights in
all documentation produced by or on behalf of the Department as part of the
evaluation of Expressions of Interest, including the outcome of any assessment
conducted by other Victorian Government agencies, external consultants and
advisers of the Department, will be owned by the Department.
Training Providers will retain all ownership rights in any intellectual property
contained in the Expression of Interest. The submission of an Expression of
Interest does not transfer to the Department any ownership interest in the
Training Provider’s intellectual property rights, or give the Department any
rights in relation to the Expression of Interest, except as expressly set out in
this Call for Expressions of Interest.
Each Training Provider, by submission of their Expression of Interest is
deemed to have licensed the Department to reproduce the whole, or any
portion, of their Expression of Interest for the purposes of enabling the
Department to evaluate the Expression of Interest.
Further, in submitting an Expression of Interest, the Training Provider accepts
that the Department may, in accordance with the requirements of applicable
Victorian Government policy, publish (on the Internet or otherwise):
(a)
the name of the eligible or recommended Training Provider(s);
(b)
the amount of funding to be provided to the contracted Training
Provider(s); and
(c)
the Training Provider’s name together with the provisions of the
subsequent VET Funding Contract generally.
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5.9
Period of validity
All Expressions of Interest must remain valid for a minimum of 180 days from
the Closing Time. The period of validity of an Expression of Interest may be
extended by mutual agreement between the Department and the Training
Provider.
5.10
Conditional Expressions of Interest
(a)
(b)
5.11
An Expression of Interest must be lodged on an unconditional basis
and not subject to any conditions including but not limited to:
(i)
Board approval of the Training Provider or any related body
corporate of the Training Provider being obtained;
(ii)
the Training Provider conducting due diligence or any other
form of enquiry or investigation;
(iii)
the Training Provider (or any other party) obtaining any
regulatory approval or consent;
(iv)
the Training Provider obtaining the consent or approval of any
third party; or
(v)
the Training Provider stating that it wishes to discuss or
negotiate any terms and conditions of the subsequent VET
Funding Contract.
The Department may, in its absolute discretion, disqualify any
Expression of Interest from further consideration that is, or is stated to
be, subject to any one or more of the conditions detailed in section
5.10(a).
Acceptance and Negotiation
The Department reserves the right to accept an Expression of Interest in part
or in whole or to negotiate with a Training Provider in accordance with Part A
Conditions of Expression of Interest.
6
Evaluation of Expressions of Interest
6.1
Evaluation process
The Department will evaluate Expressions of Interest that are received up until
the Closing Time as set out in Item 4 of the Reference Schedule.
Expressions of Interest will be evaluated against the Eligibility Criteria and
Evaluation Criteria specified in Attachment A to this Part A of the Call for
Expressions of Interest at the Department’s discretion.
Expressions of Interest assessed by the Department as not meeting the
Eligibility Criteria will be disqualified from further consideration and will not be
evaluated against the Evaluation Criteria.
Training Providers seeking consideration for Optional Initiatives will also be
evaluated according to the conditions specified in Attachment B to this Part A
of the Call for Expressions of Interest.
A Training Provider will only be deemed successful in their application for a
VET Funding Contract upon being formally notified in writing by the
Department.
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The Department may, in its absolute discretion, continue the evaluation period
of any Expressions of Interest.
Training Providers must immediately notify the Department upon becoming
aware of any proposed Change in Control and, in any event, at least 20
Business Days in advance of the Change of Control taking effect, if such a
Change in Control occurs subsequently to submission of the application for a
VET Funding Contract.
6.2
Matters Considered During Evaluation Process
In evaluating an Expression of Interest against the Eligibility Criteria and
Evaluation Criteria, the Department may take into account, amongst other
things:
(a)
any matter included in an Expression of Interest or other document
submitted by the Training Provider;
(b)
records of previous dealings with Training Providers, including,
amongst other things:
(c)
(d)
6.3
(i)
history of meeting data and other reporting requirements;
(ii)
the Training Provider’s history of performance in current or
previous contracts between the Training Provider and the
Department or any Other VET Funding Arrangement; and
(iii)
results of audits or performance reviews conducted in relation
to a Training Provider.
information provided by stakeholders of the Department, including:
(i)
the Victorian Registration and Qualifications Authority (VRQA);
(ii)
the Australian Skills Quality Authority (ASQA);
(iii)
the National Centre for Vocational Education Research
(NCVER)
(iv)
other agencies of the State of Victoria or other Commonwealth,
State or Territory Departments or Agencies; and
(v)
other stakeholders, as necessary.
information obtained by the Department as a result of its own due
diligence and enquiries, including from documents examined and
facilities and class-time observations made by the Department or its
representatives and communication with past or present clients.
Clarification of Expressions of Interest
If, in the opinion of the Department, an Expression of Interest is unclear in any
respect, the Department may seek clarification from the Training Provider, but
only to the extent necessary for Training Providers to clarify errors of form in
accordance with section 5.3 of this Part A to the Call for Expressions of
Interest. Failure to supply clarification to the satisfaction of the Department may
render the Expression of Interest to be deemed incomplete and may be
disqualified by the Department from further consideration.
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The Department will not seek clarification of, or take into account clarifications
of, Expressions of Interest that would materially alter the substance of the
Expression of Interest.
For the avoidance of doubt, the Department is under no obligation to seek
clarification of anything in an Expression of Interest and the Department
reserves the right to disregard any clarification that the Department considers
to be unsolicited or otherwise impermissible in accordance with the rules set
out in this Part A.
6.4
Department's rights
Without limitation, and in the absolute discretion of the Department, in
evaluating Expressions of Interest, the Department may take into account, in
addition to the information specified in the Call for Expression of Interest:
(a)
the results of its own due diligence investigations and enquiries;
(b)
information obtained from communication with past and present clients of
the Training Provider;
(c)
data submitted by the Training Provider to State and/or Commonwealth
agencies, etc. such as the National Centre for Vocational Education
Research (NCVER);
(d)
any historical information available to the Department; and
(e)
the current probity standing of the Training Provider and its related
entities and any impact this standing may have on the Training
Provider’s ability to deliver the Services.
Without limiting the Department’s rights in this Call for Expressions of Interest,
the Department may at any time in the Evaluation Process choose to:
(f)
shortlist one or more Training Providers; or
(g)
commence or continue discussions with all or some Training Providers
without shortlisting any Training Providers.
Should the Department choose to shortlist any Training Providers in its
Evaluation Process, the Department is not, at any time, required to notify
Training Providers or any other person or organisation.
Without limiting the Department’s rights in this Call for Expressions of Interest,
the Department may at any time:
6.5
(h)
conduct an audit or review of a Training Provider;
(i)
add or remove commencements to or from a Training Providers Funded
Scope; or
(j)
offer a Training Provider any type of VET Funding Contract (for the
avoidance of doubt, for example, if a Training Provider applied for a
Standard VET Funding Contract, the Department may offer the Training
Provider a Restricted VET Funding Contract).
Notification of unsuccessful Expressions of Interest
A Training Provider’s Expression of Interest will not be deemed to be
unsuccessful until such time as the Training Provider is formally notified of that
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fact by the Department. The commencement of negotiations by the Department
with one or more other Training Providers is not to be taken as an indication
that any particular Training Provider's Expression of Interest has not been
successful.
The Department will notify unsuccessful Training Providers upon completion of
the Evaluation Process.
7
Notification of Outcomes for Expressions of
Interest
7.1
Assessment of Expression of Interest
The Department will notify all Training Providers in writing upon completion of
the Evaluation Process.
Assessment as an eligible Training Provider does not give rise to a binding
legal agreement (express or implied) between the eligible Training Provider
and the Department. No legal relationship will exist between the Department
and an eligible Training Provider until such time as a VET Funding Contract is
executed by them.
A Training Provider’s Expression of Interest will not be deemed to be ineligible
until such time as the Training Provider is notified in writing by the Department.
The commencement of negotiations by the Department with one or more other
Training Providers is not to be taken as an indication that the outcome for any
particular Training Provider's Expression of Interest has been determined.
For the avoidance of doubt, any advice regarding the outcome of a Training
Provider’s Expression of Interest will not give rise to a binding legal agreement
(express or implied) between the Training Provider and the Department.
7.2
No obligation to enter into a VET Funding Contract.
For the avoidance of doubt, any such advice regarding the successful outcome
of a Training Provider’s Expression of Interest application will not give rise to a
binding legal agreement (express or implied) between the successful Training
Provider and the Department.
The Department is under no obligation to appoint a Training Provider or
Training Providers (as the case may be), or to enter into a VET Funding
Contract with an eligible Training Provider or any other person if to do so would
otherwise not be in the public interest.
7.3
Contract settlement
Where the Department has determined that a Training Provider is suitable to
enter into a VET Funding Contract to deliver Government subsidised nationally
recognised training through the Victorian Government’s Skills First Program in
2017, the Department will review the Program Delivery Plans submitted by the
Training Provider through this Expression of Interest and determine, at the
discretion of the Department:
(a)
which Programs (courses/qualifications) nominated by the Training
Provider through the various Program Delivery Plans will be agreed for
inclusion in the Training Provider’s Funded Scope; and
(b)
for Programs (courses/qualifications) that the Department agrees to
include in the Training Provider’s Funded Scope, any restrictions on the
provision of the Program (courses/qualifications), including, but not
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limited to, limits on the number of commencements, the delivery
location(s), delivery method(s) or delivery mode(s).
Decisions made by the Department through this contract settlement process
will form part of the Contract Offer under the relevant VET Funding Contract.
The Department may, at its discretion, require the submission of additional
information regarding any aspect of any Program Delivery Plan submitted by
the Training Provider. The Department is not under any obligation to include
the activity proposed in any Program Delivery Plan in the Contract Offer, and
may limit or exclude any proposed activity at its sole discretion.
8
Training Provider warranties
By submitting an Expression of Interest, a Training Provider warrants that:
(a)
in lodging its Expression of Interest it did not rely on any express or
implied statement, warranty or representation, whether oral, written, or
otherwise made by or on behalf of the Department, its officers,
employees, agents or advisers other than any statement, warranty or
representation expressly contained in this Call for Expressions of Interest
and related documentation;
(b)
it did not use the improper assistance of Department employees or
information unlawfully obtained from the Department in compiling its
Expression of Interest;
(c)
it has examined this Call for Expressions of Interest, and any other
documents referenced or referred to herein, and any other information
made available in writing by the Department to Training Providers for the
purposes of submitting an Expression of Interest;
(d)
it has sought and examined all necessary information which is obtainable
by making reasonable enquiries relevant to the risks and other
circumstances affecting its Expression of Interest;
(e)
it has otherwise obtained all information and advice necessary for the
preparation of its Expression of Interest;
(f)
it understands that it is bound by the Conditions of the Call for
Expressions of Interest (Part A) and acknowledges that if any part of the
Expression of Interest is incomplete or otherwise not in accordance with
the Call for Expressions of Interest documentation, the Department may,
at its absolute discretion, disqualify the Expression of Interest from
further consideration by the Department;
(g)
it is responsible for all costs and expenses related to the preparation and
lodgement of its Expression of Interest, any subsequent negotiation;
(h)
it otherwise accepts and will comply with the rules set out in this Part A of
the Call for Expressions of Interest;
(i)
it will provide additional information in a timely manner as requested by
the Department to clarify any unintentional errors of form contained in the
Expression of Interest; and
(j)
it has not provided any false or misleading information, material or
otherwise, has not engaged in misleading and deceptive conduct, and
has not engaged in any collusion, anti-competitive conduct or any other
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conduct, activity or representation that does not comply with the
Competition and Consumer Act 2010 (Vic).
9
Department’s rights
Notwithstanding anything else in this Call for Expressions of Interest, and
without limiting its rights at law or otherwise, the Department reserves the right,
in its absolute discretion at any time, to:
10
(a)
cease to proceed with, or suspend the Call for Expressions of Interest
Process;
(b)
alter the structure and/or the timing of the Call for Expressions of Interest
or the Call for Expressions of Interest Process;
(c)
vary any time or date specified in this Call for Expressions of Interest for
all Training Providers and other persons;
(d)
terminate the participation of any Training Provider or any other person
in the Call for Expressions of Interest Process;
(e)
make an offer of a Contract to any Training Provider;
(f)
require additional information, clarification or Statutory Declaration from
any Training Provider or any other person or permit additional
information or clarification where the Department considers that an
Expression of Interest contains an unintentional error of form;
(g)
negotiate with any one or more Training Providers and allow any
Training Provider to alter its Expression of Interest to clarify unintentional
errors of form;
(h)
call for new Expressions of Interest;
(i)
disqualify from further consideration any Expression of Interest received
after the Closing Time/Date;
(j)
disqualify any Expression of Interest from further consideration that does
not comply with the requirements of this Call for Expressions of Interest;
(k)
disqualify any Expression of Interest from further consideration if the
Department becomes aware that it contains false or misleading
information, material or otherwise, or that the Training Provider has
engaged in misleading and deceptive conduct, or any collusion, anticompetitive conduct or any other conduct, activity or representation that
does not comply with the Competition and Consumer Act 2010 (Vic), and
(l)
disqualify any Expression of Interest from further consideration in
circumstances where a Training Provider does not comply with the
warranties contained in sections 8 and 10 of this Part A to the Call for
Expressions of Interest.
Governing law
This Call for Expressions of Interest and the Call for Expressions of Interest
Process is governed by the laws applying in the State of Victoria.
Each Training Provider must comply with all relevant laws in preparing and
lodging its Expression of Interest and in taking part in the Call for Expressions
of Interest Process.
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11
Interpretation
11.1 Definitions
In this Call for Expressions of Interest, unless a contrary intention is apparent:
2017 Standard VET Funding Contract is a contract to deliver training to
Eligible Individuals consistent with its terms and conditions, which includes, but
is not limited to, an initial allocation of 1,000 commencements in the year.
2017 Restricted VET Funding Contract is a contract to deliver training to
Eligible Individuals consistent with its terms and conditions, which includes, but
is not limited to, an allocation of up to 200 commencements, a lower impact
compliance program, and a restriction on subcontracting.
ABN means Australian Business Number.
ACFE means Adult, Community and Further Education.
ACN means Australian Company Number.
AQF Level means the Australian Qualification Framework level of the training
or skill to be funded.
AQTF means the Australian Quality Training Framework as updated from time
to time.
ASQA means the Australian Skills Quality Authority
AVETMISS means Australian Vocational Education and Training Management
Information Statistical Standard.
Call for Expressions of Interest means this document, including any
attachments, schedules and annexures.
Call for Expressions of Interest Process means the process commenced by
the issuing of this Call for Expressions of Interest and concluding upon formal
announcement by the Department of the selection of an eligible Training
Provider(s) or upon the earlier termination of the process.
CEO means Chief Executive Officer (or relevant equivalent) of the Training
Provider.
Closing Time means the time specified in Item 4 of the Reference Schedule
by which Expressions of Interest (including all supporting documentation) must
be lodged.
Confidential Information means all confidential or commercially sensitive
information of a Party, but does not include information that is already in the
public domain (other than due to a breach of this Call for Expression of Interest
or a VET Funding Contract).
Contract Offer means the offer made to the Training Provider by the
Department to enter into a funding contract on the terms of the VET Funding
Contract and accepted by the Training Provider in accordance with the terms of
the Contract Offer.
Department means the State of Victoria acting through the Department of
Education and Training.
Eligibility Criteria means the eligibility criteria set out in Attachment A to this
Part A of the Call for Expressions of Interest which must be met before the
Department will evaluate Expressions of Interest against the Evaluation
Criteria.
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Eligible Individual means an individual who is eligible for training subsidised
through the Skills First Program in accordance with the eligibility requirements
specified in the VET Funding Contract.
Entitlement to Funded Training means the entitlement to a Government
subsidised place in recognised training for persons who are eligible in
accordance with the criteria set out in the Act or established pursuant to the
Act, and reflected in the VET Funding Contract.
Evaluation Criteria means the evaluation criteria set out in Attachments A and
B to this Part A of the Call for Expressions of Interest against which the
Department will evaluate whether or not Expressions of Interest have been
deemed eligible.
Evaluation Process means the evaluation process set out in Part A of the Call
for Expressions of Interest.
Executive Officer in relation to an entity, means:
a)
a person (by whatever name called and whether or not a
director of the entity) who is concerned in, or takes part
in, the management of the entity;
b)
if the entity is a body corporate:
i)
a person who owns 15% or more of the entity; or
ii)
a person who is entitled to receive 15% or more of
dividends paid by the entity;
c)
an administrator, receiver and manager, or liquidator of
the entity (other than a receiver and manager, or
liquidator, appointed by a court);
d)
if the entity is a body corporate, the administrator of a
deed of company arrangement executed by an entity; or
e)
if the entity is a body corporate, a trustee or other person
administering a compromise or arrangement made
between the entity and another person or other persons.
Expression of Interest, unless the context suggests otherwise, means all
documents lodged by a Training Provider in response to this Call for
Expressions of Interest (including any documents lodged that relate to Optional
Initiatives).
Financial Assessment Certificate and Report means the certificate and
report outlined in Schedule 2 of Part B of this Call for Expressions of Interest
and described in the Guidelines for the Financial Assessment of Training
Providers (August 2016).
Foundation Skills Approved Provider List means a list of Training Providers
approved by the Department to receive Government funding for delivery of
courses or qualifications on the Foundation Skills List.
Funded Scope means the specific list of courses and qualifications with a
status of ‘Approved’ for the delivery of which the Training Provider is entitled to
be paid Funds under a VET Funding Contract, as set out in the Contract Offer
and varied from time to time pursuant to the VET Funding Contract.
High Managerial Agent in relation to an entity, means an employee or agent
of the entity with duties of such responsibility that his or her conduct may fairly
be assumed to represent the entity in relation to its business (which, where the
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entity is the Training Provider, means its business connected with the delivery
of courses and qualifications).
Intellectual Property Rights means any method, discovery, formulae,
copyright, all rights in relation to inventions (including registered and registrable
patents), registered and unregistered trademarks, registered and unregistered
designs, circuit layouts, know-how and confidential information, and all other
rights including moral rights resulting from intellectual activity in the industrial,
scientific, literary or artistic fields of intangible property.
Learn Local Organisation means a registered training organisation that is a
community owned and managed not-for-profit that is registered with the Adult,
Community and Further Education Board (as continued under the Act) as at
the Commencement Date.
Optional Initiatives means:
(a)
(b)
(c)
The RPL Approved Provider List;
The Foundation Skills Approved Provider List; and/or
The Training and Assessment Approved Provider List
Organisation Capacity and Capability Statement means the form developed
by the Department for Training Providers to provide a narrative response which
details how the Training Provider delivers high quality training.
Other VET Funding Arrangement means:
a)
approval under the Higher Education Support Act 2003 (Cth) to offer
VET FEE‑HELP to eligible students;
b)
a Smart and Skilled contract entered into with the State of New South
Wales through its Department of Industry, Skills and Regional
Development (or its successor);
c)
a Vocational Education and Training (VET) Pre-qualified Supplier
(PQS) Agreement entered into with the State of Queensland through
its Department of Education and Training (or its successor);
d)
a WorkReady head agreement entered into with the State of South
Australia through its Minister for Employment, Higher Education and
Skills (or its successor);
e)
a purchase of training services contract entered into with the VET
(WA) Ministerial Corporation (or its successor);
f)
a Skills Tasmania agreement entered into with the State of Tasmania
as represented by its Department of State Growth trading as Skills
Tasmania (or its successor);
g)
an ACT funding agreement; or
h)
any other arrangement under which the Training Provider is approved
to receive Government subsidies for the provision of vocational
education and training in any Australian jurisdiction (including any
alteration, supplement or replacement of any of the contracts or other
arrangements referred to in paragraphs (a) to (g)).
Principal Place of Business means the principal place of business of the
legal entity encompassing the Training Provider where employees of the
Training Provider conduct operations relating to the primary business and
administration of the Training Provider, for the equivalent of at least three in
every five business days over the period of one calendar year.
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Program Delivery Plans are electronic forms in SVTS that are submitted by
Training Providers to provide the Department with information that will assist in
understanding the types of training that is intended to be delivered in 2017
under a VET Funding Contract. The Program Delivery Plans can be either
‘Detailed’ or ‘Nominal’. An individual Program Delivery Plan must be submitted
for each Program (course/qualification) a Training Provider intends to deliver in
2017.
Project Manager means the person so designated in Item 3 of the Reference
Schedule.
Reference Schedule means the schedule so designated forming part of the
Call for Expressions of Interest.
Related Training Provider means a registered training organisation that is
any of the following:
a)
an entity that Controls, is Controlled by or under common
Control with the Training Provider (whether directly or
indirectly);
b)
an entity with whom the Training Provider has an
arrangement, agreement or understanding for the purpose of
providing the Training Services; or
c)
an entity one of whose Relevant Persons is also:
i)
a Relevant Person of the Training Provider or an entity
referred to in paragraph (a); or
ii)
a Relative of a person referred to in paragraph (i).
Relative has the same meaning as in the Corporations Act.
Relevant Person means, in relation to an entity, any Executive Officer or High
Managerial Agent of the entity or any person or entity which a material degree
of control or influence over the management or direction of any material part of
the business of the entity (which, where the entity is the Training Provider,
means its business connected with the delivery of courses and qualifications).
RPL means Recognition of Prior Learning
RPL Approved Provider List means a list of registered training organisations
approved by the Department that are eligible for funding from the Department
to deliver RPL.
Skills First Program is the vehicle through which registered education and
training organisations are contracted to deliver Training Services in respect of
Eligible Individuals that will be subsidised by the Department provided that the
registered training organisations meet certain requirements, including
regarding standards of behaviour and provider practice in the delivery of
training services.
Specification means any specification or description of the Department’s
requirements contained in Part C of this Call for Expressions of Interest.
State means the Crown in right of the State of Victoria.
SVTS means the Skills Victoria Training System the Department’s
information management platform used, amongst other things, for managing
contracts between the Department and Training Providers for delivery of
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Victorian Government subsidised training or any future replacement system for
SVTS.
TAFE means Technical and Further Education Institute.
TOID means Training Organisation Identifier or Training Provider code.
Training and Assessment Approved Provider List means a list of registered
training organisations approved by the Department to deliver courses or
qualifications on the Training and Assessment Course List which are funded by
the Department.
Training Provider Group means the Training Provider and any other
registered training organisation that is a Related Training Provider, other than
by reason of paragraph (b) of that term.
Training and Assessment Approved Provider List means a list of registered
training organisations approved by the Department to deliver courses or
qualifications on the Training and Assessment Course List which are funded by
the Department.
Training Provider Services means the services required by the Department,
as specified in Part C of this Call for Expressions of Interest.
training.gov.au (TGA) is the official national register of information on Training
Packages, Qualifications, Courses, Units of Competency, Modules, Scope of
Registration, and Training Providers.
Victorian VET Student Statistical Collection Guidelines outline the
Department’s monthly reporting requirements. These guidelines are available
at SVTS, Submit Applications https://www.eduweb.vic.gov.au/svts
VET Accredited Course is any course assessed by either ASQA or VRQA as
compliant with the Standards for VET Accredited Courses 2012 and the
Australian Qualifications Framework.
VRQA means the Victorian Registration and Qualifications Authority.
Young People Transitioning from Care Initiative is an Initiative to provide
zero fee training places in nationally recognised training to young Victorians
who are, or were, subject to a Victorian child protection custody or
guardianship order between 16 and 18 years of age, and are under 22 years of
age as at 1 January in the year of commencement of training.
11.2 Interpretation
In this Call for Expressions of Interest unless expressly provided otherwise:
(a)
(b)
a reference to:
(i)
“includes” or “including” means includes or including without
limitation; and
(ii)
“$” or “dollars” is a reference to the lawful currency of the
Commonwealth of Australia; and
if a word or phrase is defined, its other grammatical forms have
corresponding meanings.
27
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Attachment A: Eligibility and Evaluation Criteria
To be considered for an offer of a VET Funding Contract to deliver training to Eligible
Individuals through the Victorian Government’s Skills First Program in 2017, Training
Providers must meet all of the Eligibility Criteria and must be assessed by the
Department as meeting the Evaluation Criteria.
The Department reserves the right not to evaluate Expressions of Interest against the
Evaluation Criteria, and may disqualify an Expression of Interest from further
consideration if the Department is satisfied that any of the Eligibility Criteria have not
been met:
PART I: Eligibility Criteria
a) The Training Provider must:
i.
ii.
be registered as a Registered Training Organisation by the
Victorian Registration and Qualifications Authority (VRQA); or
be registered as a Registered Training Organisation with the
Australian Skills Quality Authority (ASQA) with its Principal Place
of Business being a physical location in Victoria.
In evaluating this criterion, the Department will exercise its discretion and
undertake its own due diligence to determine whether the legal entity
encompassing a Training Provider has its Principal Place of Business in Victoria,
including a review of the Australian Business Register and Australian Securities
and Investments Commission records to confirm all registered locations are a
physical location in Victoria.
b) The Training Provider must have at least one nationally recognised qualification
for delivery on its scope of registration, for delivery within Victoria, on the date of
opening of the Call for Expressions of Interest.
c) the Training Provider must have delivered at least one nationally accredited
program in both calendar year 2015 and in 2016 (between 1 January and 30
June), as evidenced by AVETMISS compliant student statistical data submitted:
i.
to the Department via SVTS, and/or
ii.
to NCVER; and/or
iii.
to any other jurisdiction where the data was subsequently
submitted to NCVER in accordance with national protocols.
d) Since January 2011 the Training Provider must not:
i.
have had a Victorian VET Funding Contract or Service
Agreement terminated by the Department on the basis of
performance; or
ii.
had any Other VET Funding Arrangement relating to the
provision of nationally recognised training with any jurisdiction
terminated on the basis of performance;
iii.
via its acts or omissions, have been responsible for any of the
above occurring to another person or entity.
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PART I: Eligibility Criteria
e) The Training Provider must not be currently engaging, employing, contracting or
otherwise dealing with any Relevant Person (including individuals and entities)
that since January 2011 has acted or been involved in circumstances that led to
the:
i.
termination of a contract with the Department or termination of
any Other VET Funding Arrangement relating to the provision of
nationally recognised training with any jurisdiction ; or
ii.
cessation of a Training Provider's registration under the
Education and Training Reform Act 2006 or the National
Vocational Education and Training Regulator Act 2011 (Cth).
f)
The Training Provider must have completed the documents requested as part of
this Call for Expressions of Interest to the satisfaction of the Department.
PART II: Evaluation Criteria
Financial Assessment
a) The Training Provider must complete the Department’s Financial Assessment
Certificate and Report (FACR) and score 6 or higher, in line with the Guidelines
for the Financial Assessment of Training Providers (August 2016)3.
b) The Training Provider must undergo and pass an independently administered
financial assessment and related checks to be conducted by the Department’s
nominated financial assessor.
c) The Training Provider must not have directors, committee members or executives
with an unsatisfactory history of debt recovery court actions or insolvency
proceedings, as determined by the Department through information provided by
the Department’s independent financial assessor, or as otherwise determined by
the Department.
Compliance and Quality
a) Where relevant, the Training Provider must be assessed by the Department as
having a satisfactory history of delivering training, including with either
i.
the Department; or
ii.
under any Other VET Funding Arrangement.
In evaluating this criterion, the Department will exercise its own discretion and due
diligence, including a review of data submitted to the NCVER against measures
associated with delivery and typical course duration and including consideration of
the items outlined in section 6.2 of this Call for Expressions of Interest ‘Matters
Considered During Evaluation Process’.
b) The Training Provider must have had an audit or independently administered
performance review of its provision of quality training and assessment conducted
by the Department’s nominated auditor in the 2016 calendar year
3
Learn Local training providers applying for a 2017 Restricted VET Funding Contract must have audited financial
statements but are exempted from the requirement for the auditor to be an ASIC Registered Auditor.
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PART II: Evaluation Criteria
or
have an independently administered performance review of its provision of quality
training and assessment conducted by the Department’s nominated auditor as
part of the Skills First provider selection process.
c) Consideration of the Training Provider's demonstration of their ability to deliver
high quality training services through their Organisational Capacity and Capability
Statement.
d) Consideration of the Training Provider's Program Delivery Plans.
e) The Training Provider must complete Schedules 1, 2 and 3 of Part B of this Call
for Expressions of Interest to the satisfaction of the Department.
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Attachment B: Optional Initiatives
To be considered for an offer of a VET Funding Contract that includes delivery of any of
the Optional Initiatives, Training Providers must meet the conditions for each relevant
initiative listed below:
Approved Provider List for delivery of Government Subsidised RPL Assessment
Conditions
a) The Training Provider must receive an offer by the Department for a VET Funding
Contract Skills First Program
b) The Training Provider must submit all required supporting documentation and have
a demonstrated capability to provide high quality RPL assessment as evidenced by
meeting the requirements of the Evaluation Criteria as assessed by the VET
Development Centre.
Approved Provider List for delivery of courses on the Foundation Skills List
Conditions
a) The Training Provider must receive an offer by the Department for a VET Funding
Contract Skills First Program
b) The Training Provider must submit all required supporting documentation and have
a demonstrated capability to provide high quality Foundation Skills training and
assessment as evidenced by meeting the requirements of the Evaluation Criteria as
assessed by the VET Development Centre.
Approved Provider List for Delivery of courses on the Training and Assessment List
Conditions
a) The Training Provider must receive an offer by the Department for a VET Funding
Contract Skills First Program
b) The Training Provider must submit all required supporting documentation and have
a demonstrated capability to provide high quality trainer and assessor qualifications
as evidenced by meeting the Requirements of the Evaluation Criteria as assessed
by the VET Development Centre.
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Victorian Training Provider
Part B – Training Provider’s Response
(Expression of Interest)
Instructions for Use of Part B
1.
The Training Provider is to complete all relevant sections and provide all
information requested in Part B to be considered as having submitted a complete
Expression of Interest application.
2.
The Training Provider is to lodge the required responses described in Part B,
Schedules 1 and 3 electronically (on-line) through the SVTS at
https://www.eduweb.vic.gov.au/svts (SVTS> Submit Applications> Submit
Expression of Interest). From the menu, select Skills First 2017-01 Call for
Expressions of Interest and create an application.
3.
The Training Provider is to indicate whether it is seeking consideration for a 2017
Standard or Restricted VET Funding Contract, as defined at Part A, 11.1 of the
Call for Expression of Interest, at Schedule 1 of the SVTS website under Submit
Applications.
4.
The Training Provider is to complete and lodge the 2017 Program Delivery
Plans through the SVTS website (SVTS> Submit Applications>Program Delivery
Plan List).
5.
Training Providers are required to complete, sign and submit a Statement and
Declaration as a PDF (including all pages), via the file upload function of
Schedule 1 of the Call for Expression of Interest of the SVTS website under
Submit Applications. The Statement and Declaration is a Statutory Declaration,
and must be signed and witnessed in accordance with the requirements for
Statutory Declarations.
6.
The Financial Assessment Certificate and Report, together with all supporting
documents relating to the Financial Assessment described within Schedule 2,
must be submitted to the Department’s nominated financial assessor in line with
the Guidelines for the Financial Assessment of Training Providers (August 2016).
Note: Further details regarding the Department’s process to submit financial
information to the Department’s nominated financial assessor will be available for
Training Providers via SVTS in early September 2016.
7.
Training Providers are required to submit the Organisation Capability and
Capacity Statement, in line with Part B, Schedule 3. This must be submitted as
a single file via the Supporting Documents function of Schedule 3 of the Call for
Expressions of Interest of the SVTS website under Submit Applications.
8.
Training Providers are required to submit the Register of Trainers and
Assessors, in line with Part B, Schedule 3. This must be submitted via the ‘Ask a
Question’ function under Submit Applications. Training Providers that submitted a
Register of Trainers and Assessors in accordance with 2016 VET Funding
Contract requirements are not required to resubmit the register.
9.
At the time of providing the financial and related documentation, the Training
Provider must pay a sum of money to the independent financial assessor to
cover the cost of the second stage of the financial assessment process. The
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Victorian Training Provider
second stage of the financial assessment process will not commence until the
payment has been received. Further details regarding this payment will be
available for Training Providers via SVTS in early September 2016
10.
Illegible, incomplete or irrelevant information may result in disqualification by the
Department of the Expression of Interest from further consideration.
11.
All documents must be virus checked before lodgement.
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Victorian Training Provider
Part B Schedule 1 – Training Provider Details
The Training Provider specified below is seeking to deliver Government subsidised
nationally recognised training through the Skills First program to eligible individuals
commencing training in 2017.
Training Provider’s Information
Training Organisation Identifier (TOID)
Trading name of Registered Training Organisation
Contract Type Sought (Standard or Restricted)
Name of Training Provider contact person
Email of Training Provider contact person
Name of Training Provider officer with delegation to
complete and submit this Expression of Interest
Designation / Position
As the Training Provider officer with delegation or authority
to complete and submit this Expression of Interest, I have
read and understand the conditions of Part A Call for
Expressions of Interest.

Training Provider must select (from the drop down menu) if they are applying for a
Standard or Restricted VET Funding Contract at Schedule 1 of the Call for
Expressions of Interest on the SVTS.
Training Providers must submit the complete and signed Statement and Declaration
as a PDF (including all pages) at Schedule 1 of the Call for Expressions of Interest on
the SVTS.
This schedule
must be lodged
electronically
34
Victorian Training Provider
Part B Schedule 2
Financial Assessment Certificate and Report
Under the first stage of the financial assessment process, Training Providers must
complete a Financial Assessment Certificate and Report (FACR) using the Guidelines
for the Financial Assessment of Training Providers (August 2016) available on SVTS
website under Submit Applications > ‘view’ (applications which are currently open).
Training Providers that score 5 or less on the Financial Assessment Certificate and
Report are ineligible to proceed and should not progress their Expression of Interest any
further. Training Providers that are ineligible to proceed and progress their Expression of
Interest further will be assessed to be ineligible and have their Expression of Interest
disqualified from further consideration.
Training Providers that score 6 or more on the Financial Assessment Certificate and
Report must proceed to the second stage of the financial assessment process as
described in the Guidelines for the Financial Assessment of Training Providers (August
2016).
The second stage of the financial assessment process requires that Training Providers
provide a range of documentation to the Department’s nominated financial assessor, for
the purposes of the verification of the Financial Assessment Certificate and Report score
calculated by the Training Provider and to support a more detailed assessment of the
Training Providers financial health and compliance.
Note: Further details regarding the Department’s process to submit financial information
to the Department’s nominated financial assessor will be available for Training Providers
via SVTS in early September 2016.
The supporting documentation that must be provided is:
4

Page 9 of the FACR fully and appropriately completed.

A minimum of two full years of audited financial statements (including the
notes to the accounts and the auditor’s report). The financial statements must
have been audited by an ASIC registered auditor4. Note that where the
Training Provider depends upon three years of results for criteria B3 –
Operating Results, all three years of the audited financial statements must be
provided.

Where the Training Provider is seeking to put forth audited financial
statements and supporting documents which instead relate to a parent entity,
a Deed of Cross Guarantee between the two entities, together with proof of
registration of the Deed with ASIC must also be provided. Failure to produce
such a Deed of Cross Guarantee as part of this process will result in the
Training Provider being assessed as not meeting Mandatory Requirements
and therefore will be deemed ineligible as detailed in the Guidelines to
Financial Assessment of Training Providers (August 2016).

A screen shot of the ATO Business Portal; or the relevant pages of the ATO
Integrated Client Account clearly identifying the due date and lodgement date;
Learn Local Organisations applying for a 2017 Restricted VET Funding Contract must have audited financial
statements but are exempted from the requirement for the auditor to be an ASIC Registered Auditor.
35
Victorian Training Provider
or a copy of the ATO BAS form that clearly shows the due date and a copy of
the Australia Post receipt; for the Business Activity Statement (BAS) which
covers the month of March 2016 (whether the Training Provider lodges
monthly or quarterly).

A screen shot of the ATO Lodgement Status – Income Tax webpage or other
documented proof of lodgement showing that the Training Providers Income
Tax Return for the year prior to the 2015-16 financial year has been lodged. In
instances where the Training Provider is part of a Tax Consolidation Group,
this must be indicated at Part C of the FACR and the ATO screen shot for the
Group must instead be provided. In instances where the Training Provider is a
charitable organisation exempt from tax, this must be indicated at Part C of
the FACR.

Where the Training Provider has scored itself a one on B6 – Budgetary
Process, documentation to reasonably support the assertion that the Training
Provider has a comprehensive financial budgetary process in place that
forecasts operating results for the 12 months since the most recently
completed financial year. Detailed electronic worksheets that build a forecast
operating statement would be considered proof of a comprehensive process.
An accompanying documented process identifying responsibilities, timelines,
procedures, etc. would further support this criteria.

An aged debtor and creditors report as at a date prior or equal to the signing
of the Chief Executive Officer’s certificate but no earlier than the end of the
Training Provider’s most recently completed financial year.
Other reasonable information may be requested separately by the Department or the
financial assessor for the purpose of the completion of this second stage of the financial
assessment process.
Only Training Providers that pass this second stage of the financial assessment process
will be assessed to have met this requirement.
It is a condition of the Expression of Interest process that, prior to providing the stated
financial information and related documentation to the Department’s nominated financial
assessor, the Training Provider also pays the assessor a sum of money to cover the
cost of the second stage of the financial assessment process. The second stage of the
financial assessment process will not commence until the payment has been received.
Further details regarding the Department’s process to submit financial information to the
Department’s nominated financial assessor will be available for Training Providers via
SVTS in early September 2016.
Government Owned Entities
Government owned entities, including TAFEs, Victorian Government Departments,
Victorian Government Schools and entities owned by Local Councils, are not required to
complete the Financial Assessment Certificate Report or participate in the second stage
of the financial assessment process. Such Training Providers must instead submit
notification that it is a Government owned entity via the ‘Ask a Question’ function of the
SVTS.
This schedule must
be lodged
electronically
36
Victorian Training Provider
Part B Schedule 3
Application Check List
Training Providers must complete this section electronically via Schedule 3 of the SVTS
website under Submit Applications.
Prior to lodging this Expression of Interest to deliver Government subsidised
nationally recognised training through the Skills First program to eligible individuals
commencing training in 2017, the Training Provider must complete the following
checklist (tick appropriate boxes):
I understand that this is not an offer for funding. This is an Application
to be considered under a Call for Expressions of Interest for a VET
Funding Contract to deliver Government subsidised nationally
recognised training through the Victorian Government’s Skills First
Program to eligible individuals commencing training in 2017.

I understand that all declarations made in the completion of this
Expression of Interest are subject to verification by the Department;

AND that the Department will review our Training Provider’s history of
performance in the provision of quality training and assessment
services and satisfactory contract performance with the Department
and/or any other State or Territory.
I confirm that:
The Training Provider has completed, signed and submitted the
Statement and Declaration as a PDF at Schedule 1 of the Call for
Expression of Interest on the SVTS;

OR will complete, sign and submit the Statement and Declaration as a
PDF in SVTS at Schedule 1 of the Call for Expressions of Interest on
the SVTS by 2:00 pm Wednesday 28 September 2016
The Training Provider has completed and submitted Program Delivery
Plans via SVTS for each Program (course/qualification) it intends to
deliver in 2017;

OR will complete and submit Program Delivery Plans via SVTS for
each Program (course/qualification) it intends to deliver in 2017 by 2:00
pm Wednesday 28 September 2016
AND confirms that the qualifications listed in the Training Provider’s
2017 Program Delivery Plans do not appear on the Program Delivery
Plans or Related Training Provider Advisory Form (included within the
Statement and Declaration) of another Training Provider that is part of a
Training Provider Group to which the Application organisation belongs
as defined at Part A, 11.1 of the Call for Expressions of Interest.
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Victorian Training Provider
The Training Provider has completed and submitted the Organisational
Capacity and Capability Statement at Schedule 3 of the Call for
Expression of Interest on the SVTS;

OR will complete and submit the Organisational Capacity and
Capability Statement at Schedule 3 of the Call for Expressions of
Interest on the SVTS by 2:00 pm Wednesday 28 September 2016
The Training Provider has completed the Register of Trainers and
Assessors and has submitted it via the SVTS at
www.education.vic.gov.au/svts/ (SVTS> Submit Applications> Submit
Expression of Interest> Ask a Question)

OR will complete and the Register of Trainers and Assessors and
submit it via the SVTS at www.education.vic.gov.au/svts/ (SVTS>
Submit Applications> Submit Expression of Interest> Ask a Question) by
2:00 pm Wednesday 28 September 2016
The.training.provider has completed a Financial Assessment Certificate
and Report as described in the Guidelines for the Financial Assessment
of Training Providers (August 2016) and recorded the final score via the
SVTS;

OR will complete a Financial Assessment Certificate and Report as
described in the Guidelines for the Financial Assessment Training
Providers (August 2016) and record the final score via the SVTS by
2:00 pm Wednesday 28 September 2016;
AND has submitted or will submit supporting documentation, as
described in the Guidelines for the Financial Assessment of Training
Providers (August 2016) to the Department’s nominated financial
assessor, by 2:00 pm, Wednesday 28 September 2016;
AND has made or will make payment for the conduct of the second
stage of the financial assessment process, to the Department’s
nominated financial assessor by 2:00 pm, Wednesday 28 September
2016.
The Training Provider has carefully read and understood the:

Guide to the Call for Expressions of Interest Process for
Victorian Based Training Providers;

Draft 2017 Standard VET Funding Contract;

Draft 2017 Restricted VET Funding Contract;

Summary of Key Features of the 2017 VET Funding Contract;

Statement and Declaration;

Organisational Capacity and Capability Statement;

Guidelines for Financial Assessment of Training Providers
(August 2016);

Draft 2017 Guidelines about Apprenticeship/Traineeship
Training Delivery;

38
Victorian Training Provider

Draft 2017 Guidelines about Determining Student Eligibility and
Supporting Evidence;

Draft 2017 Guidelines about Fees;

Guide to the Program Delivery Plans;

2017 Funded Courses List;

Victorian VET Student Statistical Collection Guidelines - 2017,
Version 1; and

Regional Jobs and Training Needs Reports.
This schedule must
be lodged
electronically
39
Victorian Training Provider
Part C – Optional Submissions
Instructions for Use of Part C
1.
A Training Provider wishing to be considered for an Optional Initiative must
complete all relevant sections and provide all information requested in Part C.
2.
A Training Provider is to lodge Part C, Schedule 4 electronically via SVTS at
https://www.eduweb.vic.gov.au/svts.
3.
A Training Provider wishing to be considered for inclusion on the RPL Approved
Provider List is required to make application to the VET Development Centre via
http://vdc.edu.au/funding-opportunities/
5.
A Training Provider wishing to be considered for inclusion on the RPL Approved
Provider List is also required to make a payment of $770 (including GST) to the
VET Development Centre for the evaluation of its submission.
6.
A Training Provider wishing to be considered for inclusion on the Foundation
Skills Approved Provider List is required to make application to the VET
Development Centre via http://vdc.edu.au/funding-opportunities/.
7.
A Training Provider wishing to be considered for inclusion on the Foundation
Skills Approved Provider List is also required to make a payment of $770
(including GST) to the VET Development Centre for the evaluation of its
submission.
8.
A Training Provider wishing to be considered for inclusion on the Training and
Assessment Approved Provider List is required to make application to the VET
Development Centre via: http://vdc.edu.au/funding-opportunities/
9..
A Training Provider wishing to be considered for inclusion on the Training and
Assessment Approved Provider List is also required to make a payment of $770
(including GST) to the VET Development Centre for the evaluation of its
submission.
10.
Illegible, incomplete or irrelevant information in relation to an Optional Initiative
may result in the disqualification of the Expression of Interest (to the extent that it
relates to an Optional Initiative) by the Department from further consideration.
11.
All documents must be virus checked before lodgement.
40
Victorian Training Provider
Part C
Schedule 4 – Optional Submissions
Training Providers must complete this section electronically via Schedule 4 of the SVTS
website under Submit Applications to be considered for any relevant Optional Initiative.
The Training Provider can meet the relevant Evaluation Criteria and applies for the
following Optional Initiative(s) associated with a VET Funding Contract under the
Skills First Program (tick appropriate boxes):
I confirm that:
The Training Provider is currently on the RPL Approved Provider List and wishes
to continue its involvement and still meets the requirements of the initiative;

OR The Training Provider wishes to be considered for inclusion on the RPL
Approved Provider List;
AND has submitted or will submit the required documentation listed on
http://vdc.edu.au/funding-opportunities/ to the VET Development Centre via the
secure website http://vdc.edu.au/funding-opportunities/ by 2.00 pm Wednesday
28 September 2016;
AND has made or will make payment of $770 (GST Inclusive) to the VET
Development Centre, for the conduct of the evaluation of its submission to be
considered for inclusion on the RPL Approved Provider List, by 2:00 pm,
Wednesday 28 September 2016.
The Training Provider is currently on the Foundation Skills Approved Provider
List and wishes to continue its current involvement and still meets the
requirements of the initiative;

OR The Training Provider wishes to be considered for inclusion on the
Foundation Skills Approved Provider List;
AND has submitted or will submit the required documentation listed on
http://vdc.edu.au/funding-opportunities/ to the VET Development Centre via the
secure website Foundation Skills http://vdc.edu.au/funding-opportunities/ by 2.00
pm Wednesday 28 September 2016 ;
AND has made or will make payment of $770(GST Inclusive) to the VET
Development Centre, for the conduct of the evaluation of its submission to be
considered for inclusion on the Foundation Skills Approved Provider List, by 2:00
pm, Wednesday 28 September 2016.
The Training Provider is currently on the Training and Assessment Approved
Provider List and wishes to continue its current involvement and still meets the
requirements of the initiative;

OR The Training Provider wishes to be considered for the Training and
Assessment Approved Provider List;
AND has submitted or will submit the required documentation listed on
http://vdc.edu.au/funding-opportunities/ to the VET Development Centre via the
secure website http://vdc.edu.au/funding-opportunities/ by 2.00 pm Wednesday
41
Victorian Training Provider
28 September 2016 ;
AND has made or will make payment of $770(GST Inclusive) to the VET
Development Centre, for the conduct of the evaluation of its submission to be
considered for inclusion on the Training and Assessment Approved Provider List,
by 2:00 pm, Wednesday 28 September 2016.
This schedule must
be lodged
electronically
42
Victorian Training Provider