Third-party written agreements
Review Clause 2.3 of the Standards for RTOs for provider requirements when working with a third party.
You need a written agreement for a third party to deliver training products for you.
A written agreement is not required for:
your employees or contractors to deliver training and assessment
third-party services that are not related to training and/or assessment.
Always check you and your third party meet requirements under the NVR Act and the Standards for RTOs.
You are accountable for the actions of both parties in the third-party written agreement.
Preparing your third-party written agreement
A third-party written agreement needs to include:
Names of the principal provider and the third party.
Start and end dates of the agreement.
The services to be delivered in the name of the principal provider not the third party.
Services can include:
- VET course marketing
- student enrolment
- training and/or assessment
- qualifications and/or statements of attainment.
The roles and responsibilities of the agreement. Clearly show who will:
- provide the training and assessment materials, resources, and facilities.
- validate completed student assessments.
Acknowledgement from the third party to cooperate with us and provide accurate responses to requests.
The plan and method for monitoring third party performance.
If the third party is providing the training and assessment materials, resources, and facilities, set out:
- the review process prior to use across all delivery sites
- how you will check third-party trainers and/or assessors meet the requirements of the Standards for RTOs.
Record-keeping process for enrolment and assessments.
Government subsidy or other financial support requirements for both parties.
How to reduce your risks: VET courses of concern
We identify and review courses that can present risks when delivered by a third-party.
Some VET courses of concern have identified risks.
You need our written approval to use a third party to deliver a VET course of concern.
Approval allows a third party to deliver these services for you and in your name:
- advertise or offer the course
- deliver training and/or assessment
- issue a qualification or statement of attainment. All documents carry your brand, as the principal provider.
We review requests and check the third-party agreement meets regulatory requirements.
It is an opportunity to identify and reduce the risks in delivering these courses.
You need to ensure the third-party always meets the Standards for RTOs when delivering your VET course.
Apply for a third-party to deliver your ‘VET course of concern’.
TAE40116 Certificate IV in Training and Assessment
TAE50216 Diploma of Training Design and Development
TAE50116 Diploma of Vocational Education and Training
TAESS00013 Enterprise Trainer—Mentoring Skill Set
TAESS00015 Enterprise Trainer and Assessor Skill Set
TAESS00014 Enterprise Trainer—Presenting Skill Set
TAESS00011 Assessor Skill Set.
When marketing services under a third-party agreement:
- All marketing needs to clearly show your details, as the principal provider.
- You can choose to use the name of the third-party in your marketing.
- The third party must display your details in all their marketing. You need to check their marketing meets regulatory requirements.
Clause 4.1, the Standards, requires that all marketing highlight if the third party is recruiting students or delivering training and assessment for you.
- where a third party is recruiting potential students for you
- when a third party is delivering training and assessment for you
- when you are delivering training and assessment for a third party.
Marketing can include the name and logo of a third party to show:
- they are not offering the training product
- who is offering the training product.
Students, including online students, need to know who they are studying with.
Use your marketing to highlight current third-party agreements for training and/or assessment.
You can use branding to show the third party is delivering the training and assessment for you.
Learning resources, including textbooks and online materials, don’t need to include your brand.
You could brand your login page, that allows students access to resources, with your name and logo. Once logged in, the resources include the owner’s branding.
Australian Qualifications Framework (AQF) certificates
AQF training product certificates only include the name/logo of the principal provider.
Nationally Recognised Training (NRT) logo
- Always meet the conditions of use for the Nationally Recognised Training (NRT) logo.
- There are conditions of use for unregistered third-party RTOs.
- They can only use the NRT logo on their website when referring to the registered RTO in the written agreement.
A third party can invoice a student for course costs on your behalf.
The invoice can include third-party branding, but it needs to highlight the principal provider who is offering the course the invoice relates to.
You and the third party need to meet the regulatory requirements of the NVR Act and the Standards for RTOs.
Check your third party is meeting requirements of the third-party agreement and regulations.
Review Clause 7.3, the Standards for the requirements relating to the advanced collection of fees that are greater than $1,500.
Supporting your students in a third-party agreement
As the principal provider, you are responsible for students enrolled with you.
This includes enrolled students’ training with a third-party under a third-party agreement.
You need to tell students before they enrol, if a third party will deliver their VET course under a third-party agreement.
Students need to know the difference between:
- the registered provider who enrolled them
- the third party who will deliver the training.
Students can enrol directly with the registered third party if the written agreement allows.
This means the third party:
- has the training product on scope
- will issue the statement of attainment for the unit/s of competency.
If you cancel a written agreement, you need to maintain enrolment and provide support for all affected students.
You need to tell us within 30 days when you end a third-party agreement.
Learn more about changes to third party agreements.
Clauses 2.3, 2.4 and 8.3, the Standards