Third Party Agreement
The Third Party Agreement template can be used to formalise a written agreement with another party, in accordance with the Standards for RTOs
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Third Party Agreement
A Third Party Agreement is a written agreement is to be implemented which clearly specifies the roles and responsibilities of each party to the third parties’ agreement including the responsibilities for compliance with the VET Quality Framework.
The written agreement is to be signed by each party to the agreement and the RTO shall maintain an up-to-date register of all/any agreements entered into by the RTO.
- Name and address of both parties
- Name of the authorised person of each party
- Name and primary contact details of both parties
- Compliance with the VET Quality Framework
- Training Products offered, codes, titles and units
- Services offered – i.e. training only, assessment only or training and assessment
- Level of service offered by each party
- Statement acknowledging that the RTO is always responsible for training, assessment and certification to be issued in its name
- Verified copy of the RTO’s certificate of registration and scope certification
- Signed by both parties
- Dates for period of agreement
- Fees related to agreement
What is a third-party arrangement?
The Standards for Registered Training Organisations 2015 define a ‘third party’ as any party that provides services on behalf of the RTO. This definition does not include a contract of employment between an RTO and an employee.
Services means training, assessment, related educational and support services and/or any activities related to the recruitment of prospective learners. It does not include services such as student counselling, mediation or information and communications technology (ICT) support.
Educational and support services may include:
- pre-enrolment materials
- study support and study skills programs
- language, literacy and numeracy (LLN) programs or referrals to these programs
- equipment, resources and/or programs to increase access for learners with disabilities and other learners
- learning resource centers
- flexible scheduling and delivery of training and assessment
- learning materials in alternative formats, for example, in large print
- learning and assessment programs contextualised to the workplace, and
- any other services that the RTO considers necessary to support learners to achieve competency.
What kind of third-party arrangements could RTOs have?
An RTO might be involved in third-party arrangements with:
- other RTOs
- non-registered training providers
- recruitment agents or brokers
- employment/job services agencies
When to notify the Regulator
Your RTO must notify ASQA whenever you start or end a third-party agreement.
The RTO notifies the Regulator:
- “Of any written agreement entered into under Clause 2.3 for the delivery of services on its behalf within 30 calendar days of that agreement being entered into or prior to the obligations under the agreement taking effect, whichever occurs first, and
- Within 30 calendar days of the agreement coming to an end.’
To notify ASQA:
- Log into ASQAnet.
- Go to the ‘Notifications’ tab and select ‘Third-party service arrangements’
For further information regarding compliance with the Standards for RTOs, please refer to:
Need an upgrade! Purchase our Courses Membership, which includes a range of training on how to implement the Standards within your RTO, for more information go to: https://vivacity.com.au/course-membership/
This template is also available to be purchased as a bundle with the Quality and Compliance Package, that includes a comprehensive set of policies and procedures that addresses the Standards for RTO’s. This bundle includes over 80 documents, a Student Handbook, Trainers Handbook and a Policies and Procedures Manual. To find out more, https://vivacity.com.au/product/rto-compliance-package/
Please contact Vivacity if you have any further questions on 1300 729 455 or email email@example.com