Supervising registered training organisations
Version 9 - 01/09/2009 (Uncontrolled document when printed)
Authority
Legislation
Vocational Education, Training and Employment Act 2000 (the Act) [PDF 1.2MB] available on the Office of the Parliamentary Counsel website
Section 13 - What is a "training plan"
Section 15 - What is a "supervising registered training organisation"
Section 69 - Employer to notify supervising registered training organisation
Section 72 - Employer and apprentice or trainee to notify completion of training
Section 73 - Issuing qualification or statement of attainment on completion of training
Section 90 - Requirement for supervising registered training organisation
Section 91 - Becoming a supervising registered training organisation
Section 92 - Availability of facilities
Section 93 - Supervising registered training organisation to ensure delivery of training
Section 94 - Replacing supervising registered training organisation
Section 95 - Replaced training organisation to give statement of attainment
Subsection 304(1) - Existing decisions under the former VETE Act
Section 311 - When supervising registered training organisation required
Associated documents
- Training contract
- Training Plan
- Change of training organisation application available on the Apprenticeships info website
Operational Procedure
1.1 Section 15 of the Act defines a supervising registered training organisation (SRTO) as a registered training organisation (RTO) that:
- Delivers training to an apprentice or trainee under a training plan for the apprentice or trainee that requires the training to be delivered by an RTO
- When satisfied that the apprentice or trainee has completed the training required to be completed under the plan, issues the qualification or statement of attainment stated in the plan.
1.2 Section 90 of the Act states there must be an SRTO for each apprentice and trainee. The Act also specifies that, if a person is an apprentice or trainee under more than one training contract-for example two part time apprenticeships-there must be an SRTO for each apprenticeship and traineeship.
1.3; Section 91 of the Act provides that an SRTO can only be appointed with the agreement of all parties to the training contract-the employer, apprentice or trainee, and parent or guardian if applicable. There can be only one SRTO for each apprenticeship or traineeship. This section of the Act also specifies that the organisation must agree to become an SRTO.
1.4 Section 92 of the Act states that an RTO can become an SRTO only if it can provide, or arrange to provide, the facilities, services, supervision and training required under the training plan. A breach of this section of the Act carries a maximum penalty of 80 penalty points.
1.5 Section 93 of the Act requires the SRTO to ensure that the training detailed in the training plan is delivered to the apprentice or trainee. A breach of this section of the Act carries a maximum penalty of 60 penalty points. Section 13 of the Act describes the training plan as a document that details the training to be delivered to an apprentice or trainee by the employer and an SRTO. The section also outlines the content of the training plan. For further information, Training Queensland officers should refer to the operational policy for Training plans and training records.
SRTOs are NOT able to withdraw from signed training plans without the agreement of the other parties to the training plan.
1.6 Section 94 of the Act allows for the replacement of the SRTO, if the parties to a training contract agree. Where a change is agreed, the employer is required to provide written notice of the change to the SRTO to be replaced, stating the date of effect. The date of effect can be no sooner than 14 days after the day the notice is given. A breach of this provision carries a maximum penalty of 40 penalty points.
1.7 Section 95 of the Act applies when an SRTO is to be replaced. The section specifies that the SRTO must provide a statement of attainment confirming the training that has been completed under the training plan. This statement of attainment must be provided on or before the date of effect-the "replacement day". A breach of this section of the Act carries a maximum penalty of 40 penalty points.
1.8 Sections 72 and 73 of the Act outline the responsibilities of the employer, apprentice or trainee and the SRTO relating to the completion of training. For further information, Training Queensland officers should refer to the operational procedure on Completion of apprenticeship or traineeship.
1.9 Section 311 of the Act requires that SRTOs must be appointed for apprentices and trainees who, at the date of proclamation of the Act, do not have an RTO and who have more than six months of their training contract to run.
1.10 SRTOs and training plans are mandatory elements of apprenticeships and traineeships. The SRTO is identified in the training contract but this identity is provided only for inclusion in DELTA records and to allow linkages between the apprentice or trainee and the SRTO to be established for User Choice purposes. The SRTO is not a party to the training contract.
1.11 Role of SRTO at commencement of an apprenticeship or traineeship.
During the probationary period of an apprenticeship or traineeship, the SRTO should deliver induction information to the parties to the training contract, arrange for the development of the training plan and a training record to monitor the apprentice's or trainee's progress against the training plan. Further details on the required procedures are provided in the operational procedure for registration of training contracts.
The training plan is negotiated between the employer, the apprentice or trainee, and the SRTO.
1.12 Role of SRTO during an apprenticeship or traineeship
The SRTO is responsible to ensure that the training required under a training plan is delivered to the apprentice or trainee.
An SRTO may be replaced during the term of an apprenticeship or traineeship, if the parties to a training contract agree. Where a change is agreed, the employer is required to provide written notice of the change to the SRTO to be replaced, stating the date of effect. The date of effect can be no sooner than 14 days after the day the notice is given. A breach of this provision carries a maximum penalty of 40 penalty points. Training Queensland officers will need to override the SRTO details to reflect the new SRTO. Officers should consult the DELTA Help Desk for assistance with DELTA issues.
The SRTO being replaced must provide a statement of attainment confirming the training that has been completed under the training plan. This statement of attainment must be provided on or before the date of effect-the "replacement day". A breach of this section of the Act carries a maximum penalty of 40 penalty points.
The training contract does not become void if the SRTO changes, but the department must be advised to allow changes to the DELTA record and hence the payment of User Choice training fees to the "new" SRTO. The operational procedure for Amendment of training contracts must be followed with respect to any change in the SRTO.
When there is a change of SRTOs a new training plan must be drawn up and signed by the parties. The Change of training organisation must be lodged with the relevant regional office of the department. This form will confirm the development of a new training plan by the replacement SRTO and enable DELTA records to be amended to reflect the change of SRTO.
There may be occasions when there is a dispute relating to the SRTO's assessment of competencies. For more information, Training Queensland officers should refer to the operational procedure for Disputed assessment of competencies in apprenticeships and traineeships.
The employer has the responsibility to advise the department if the apprentice or trainee is failing to make "reasonable" progress in the training for the apprenticeship or traineeship.
1.13 Role of SRTO at completion of an apprenticeship or traineeship
The SRTO is responsible for ensuring that a completion agreement is signed (thereby ending the training contract) issuing the qualification and advising the department that the qualification has been issued. For more detail, Training Queensland officers should refer to the operational procedure for Completion of apprenticeship or traineeship.
Authorisation
This document outlines the procedures associated with the roles and responsibilities of supervising registered training organisations in apprenticeships and traineeships.
Original signed by Director, Training Services on 01/07/2006.
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Director
Training Services