Training with External Registered Training Organisations for Public Schools Procedures

1. Policy supported

Duty of Care for Public School Students Policy

2. Scope

These procedures apply to all principals in public schools managing situations when students are attending external Registered Training Organisation (RTO) delivery sites for training purposes.

3. Procedures

3.1 Training with an external registered training organisation

The principal will:

confirm that the Registered Training Organisation (RTO) is registered as per the requirements of the Standards for Registered Training Organisations (RTOs) 2015 and the Vocational Education and Training Act 1996;
sight the duty of care provisions of the RTO for students in its care;
confirm that an agreed management plan (Appendix A) between the school, RTO, student and parents to manage the student’s engagement with the RTO is developed; and
nominate an employee to:
- implement the management plan (Appendix A);
- monitor the implementation of the management plan;
- liaise with the RTOs, the student and parents; and
- confirm any duties that relate to teaching and learning, and curriculum activities are undertaken by one or more teachers.

Guidance

The employee nominated by the principal to be in charge of managing a school’s contracts with an external Registered Training Organisations (RTOs) does not have to be a member of the teaching staff.

Programs may include participating students spending part of a school week, term or year undertaking training provided by a RTO at a training facility away from the school site. These procedures do not apply where the training is provided by an external provider on the school site; the school’s normal duty of care for students applies in these circumstances.

The RTO’s provisions should align with the Department’s Duty of Care for Public School Students policy.

For School Based Trainees and Apprentices, there is a shared duty of care between the school and the employer for the time when the trainee/apprentice is at training or in the workplace.

The Department’s required minimum level of public liability insurance cover to be held by external RTOs is $20 million.

For students with disability engaging in training with an external RTO, refer to Selecting Students for RTO Training guidelines.

Parents of Aboriginal students and those from culturally and linguistically diverse (CALD) communities may require additional support in understanding communications and providing consent. This may include the assistance of an Aboriginal staff member in some cases.

For information regarding the duty of care provisions which apply for students attending TAFE Colleges, see the Department of Training and Workforce Development’s Duty of Care for Minors Attending TAFE Colleges policy.

These procedures do not apply to students when they are undertaking training with an external RTO as part of a combination of options under a Notice of Arrangements (NOA). Where a student is undertaking training under such an arrangement, the school only has duty of care for that part of the week or term in which the student is still enrolled at the school.

Refer to –

Appendix B: Parent information about student enrolment in a VET program with an external Registered Training Organisation.
Appendix C: Parent/Carer/Guardian Consent Form for VET Program with an External Registered Training Organisation.
Appendix D: Consent and Health Care Information Form.
Appendix E: Checklist for Management Plan.

4. Definitions

Duty of care

A duty imposed by the law to take care to minimise the foreseeable risk of harm to another.

External agency

A business, organisation or individual with which the Department of Education, principal or their nominee has negotiated provision of a training service and/or expertise appropriate to a particular school activity. Examples may include an incorporated body, a disability service provider, a Registered Training Organisation (public or private), a Group Training Organisation; or a university that coordinates or delivers an educational program, or part thereof, to students as part of their school program.

Independent minors

Students under 18 years of age living independently whom the principal decides (under Regulation 147 of the School Education Regulations 2000) may sign their own consent forms.

Minor

A person under the age of 18 years.

Parent/carer/guardian

In relation to a child, a person who at law has responsibility for the long term care, welfare and development of the child; or the day-to-day care, welfare and development of the child.

Registered training organisation

An organisation registered by a state or territory regulatory authority to deliver training and/or conduct assessments and issue nationally recognised qualifications in accordance with the Standards for Registered Training Organisations (RTOs) 2015. Registered Training Organisations may be public (TAFE College) or private.

Supervisor

An adult with the official task of overseeing the provision of training for other persons or groups.

Supervisory team

A group of adults with the official task of overseeing the provision of training for other persons or groups.

Venue

The building, site, grounds and/or facilities within or external to the school, at which training provided by an External Registered Training Organisation, occurs.

VET coordinator

A member of staff appointed by the principal to undertake the school’s responsibilities for a Vocational Education and Training (VET) program. If any of the duties undertaken relate to teaching and learning, and curriculum activities, this role must be undertaken by a teacher.

5. Related documents

Relevant legislation or authority

Children and Community Services Amendment Act 2008

Disability Discrimination Act 1992

Equal Opportunity Act 1984 (WA)

Occupational Safety and Health Act (1984)

Occupational Safety and Health Regulations (1996)

Public Sector Management Act 1994 (WA)

School Curriculum and Standards Authority Act 1997 (WA)

School Education Act 1999 (WA)

School Education Regulations 2000 (WA)

Vocational Education and Training Act 1996 (WA)

Standards for Registered Training Organisations (RTOs) 2015

Vocational Education and Training (General) Regulations (WA) 2009

Vocational Education and Training (Colleges) Regulations (WA) 1996

Volunteers (Protection from Liability) Act 2002

Western Australian College of Teaching Act 2004

Teacher Registration Act 2012 (WA)

Workers Compensation and Rehabilitation Act 1981

Workers Compensation and Injury Management Regulations 1982

Working with Children (Criminal Record Checking) 2004 (WA)

Working with Children (Criminal Record Checking) Regulations 2005 (WA)

Related Department policies

Child Protection in Department of Education Sites

Criminal History Screening for Department of Education Sites

Curriculum Assessment and Reporting in Public Schools

Equal Opportunity, Discrimination and Harassment

Incident Management on Department of Education Sites

Occupational Safety and Health

Records Management

Risk and Business Continuity Management

Staff Conduct and Discipline

Student Attendance in Public Schools

Student Behaviour in Public Schools

Student Health Care in Public Schools

Visitors and Intruders on Public School Premises

Working with Children Checks in Public Schools

6. Contact information

Policy manager:

Manager

Secondary, District High Schools and Post School Pathways

Policy contact officer:

Principal Consultant

Secondary, District High Schools and Post School Pathways

T: (08) 9402 6100

7. History of changes

Effective date	Last update date	Procedure version no.
1 January 2019		1.0
These new procedures support the Duty of Care for Public School Students policy that replaces the the Outdoor Education and Recreation Activities for Public Schools, Duty of Care VET for School Students Attending TAFEWA Colleges from Public Schools and Workplace Learning for Public School policies. Endorsed by the Director General at Corporate Executive on 9 August 2018.
1 January 2019	28 June 2023	1.1
Minor update to contact details (D23/1271576)