Third-party agreements

We work with VET providers to make sure students achieve qualifications from quality courses that provide relevant skills.

Providers sometimes work with a third party for:

• marketing and recruitment services
• access to facilities and resources
• training and assessment of a training product.

Training products are listed on a provider’s scope on the national register, training.gov.au.

You need a written agreement for a third party to advertise, offer or deliver any part of a training product for you.

A third-party agreement includes you, the principal provider, and the third party.

The principal provider initiates the third-party agreement.

Third-party agreements: how to comply

Understanding the roles in a third-party agreement

A third-party written agreement is between one party (the third party) acting on behalf of the other (you, the principal provider).

The third party is delivering a training product under the direction of you, the principal provider.

You are accountable for all the actions of the third party relating to the third-party written agreement.

The principal provider and their third-party provider need to comply with the NVR Act and the Standards for RTOs when you:

• recruit prospective students
• deliver training and/or assessment for training products
• provide related educational and student support services
• issue qualifications and/or statements of attainment.

Provider requirements for third-party agreements

Regulatory requirements when entering a third-party agreement:

1. You need to be a registered provider to deliver a training product.

   Section 116 of the NVR Act

2. You need a written agreement for a third party to advertise, offer, or deliver training for you.

   Issuing of all qualifications and/or statements of attainment is in your name, as the principal provider.

   Clause 2.3 of the Standards for RTOs

3. You and the third party agree to work with us, to meet your regulatory requirements.

   Section 27 of the NVR Act

4. To advertise, offer, or deliver a training product under a third-party agreement, you and/or the third-party provider need to have the training product current on your scope of registration.

   You need a third-party written agreement.

   Section 93 of the NVR Act

   Clause 2.3 of the Standards for RTOs

5. You need written approval from us to enter a third-party written agreement for ‘VET courses of concern’. Request approval of your third-party agreement.

     6. Third-party agreements for VET in schools.

When you can use a third party to deliver training

You can use a third party to deliver your training products when:

• the third party is a registered provider and has the relevant training product on scope on the national
  register.

  Review the NVR Act, Sections 93, 94, 99 and 100 for the relevant regulations.

• we have approved your written agreement to use an unregistered third-party.

  An unregistered third party can’t use another providers registration to offer or deliver training products.

  Review the NVR Act, Sections 116 and 117 for the relevant regulations.

  You don’t need a third-party written agreement for your employees and/or contractors to deliver training and assessment for you.

An approved third-party written agreement allows the third party to:

• advertise and deliver training for you under your name
• issue qualifications or statements of attainment using your name or logo.

Tell us when you start or end a third-party agreement

You need to tell us within 30 days when you start or end a third-party agreement.

This includes when you enter a third-party arrangement with another provider.

Review Clause 8.3 of the Standards for the regulatory requirements.

Use the notification form on asqanet to tell us about changes to your third-party agreement.

There are no fees to submit a notification form.

Learn more about changes to third party agreements.

Contact us