Clauses 2.3, 2.4 and 8.3—Recording, monitoring and reporting third‑party arrangements
The RTO ensures that where services are provided on its behalf by a third party the provision of those services is the subject of a written agreement.
The RTO has sufficient strategies and resources to systematically monitor any services delivered on its behalf, and uses these to ensure that the services delivered comply with these Standards at all times.
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.
What clauses 2.3, 2.4 and 8.3 mean for your RTO
RTOs are responsible for:
- monitoring independent third parties (clauses 2.3 and 2.4)
- reporting on any third-party arrangements entered into or concluding (clause 8.3).
If you do not use other organisations to provide any RTO-related services, you do not need to take any action relating to these requirements.
What third-party arrangements can an RTO have?
ASQA has developed additional guidance for RTOs on third-party arrangements.
You should read and understand the:
Your RTO is responsible for all services delivered under its registration, regardless of where these are conducted, including in other countries. This responsibility applies to all your obligations as an RTO, including:
- providing data
- cooperating with ASQA
- complying with advertising and marketing standards
- informing prospective students
- dealing with complaints and appeals
- collecting fees
Third-party arrangements must be documented and transparent to assist you in managing the quality of services and in effectively identifying and managing the risks.
You must have a written agreement with any third party that delivers services under your RTO’s registration, including services such as:
- training and/or assessment
- providing educational and support services
- recruiting prospective students.
The requirement for a written agreement does not apply when:
- you hire trainers and/or assessors as contractors
- you make arrangements for advertising your services
- a workplace supervisor contributes to evidence collection or training.
Guidance for VET Student Loans-approved providers
|VET Student Loans-approved providers are prohibited from using any third party in recruiting students or providing information about VET Student Loans.|
Working with third parties: What RTOs need to know
For more information on third-party arrangements, refer to:
Case study—Third-party arrangements with an employment agency
The ABP Workfind employment agency has been appointed by a government agency to identify if their clients are in the target group for a funded training program place. ABP Workfind refers its clients to one of several RTOs under this arrangement. ABP Workfind does not receive a fee for this referral and is not considered to be a third party as it is operating on behalf of the state government.
However, ABP Workfind also has an agreement in place with a specific RTO—Quality Training—which specifies that ABP Workfind will utilise Quality Training for training and assessment to be provided to its clients. Quality Training may or may not pay ABP Workfind a fee in exchange for the enrolment of clients into a training product delivered by Quality Training. This arrangement would be considered a third-party arrangement.
Activities related to the recruitment of prospective learners (students) may only be undertaken by a third party where these activities are subject to a written agreement. The third party may only recruit as an agent of your RTO, using the name of your RTO. They may not undertake recruitment using the name of their business.
If a third party is directly engaging in two-way communication with individual prospective students about undertaking training and/or assessment at your RTO, they are undertaking activities related to the recruitment of prospective students.
To help each party understand its obligations, your written agreement should explain what is expected from each party in detail. For example, as your RTO is responsible for all marketing of your RTO’s services, details of how marketing undertaken by the third party will be approved by your RTO should be included in the written agreement.
The written agreement must require that any third party delivering services cooperate with ASQA by providing information at any time it is requested and during audits and other monitoring activities.
A guide to compliance
Before entering into a third-party agreement, ensure that you have read and understood ASQA’s guidance on third-party arrangements:
RTOs only need to retain evidence relating to these clauses if they have arrangements with third parties in place.
Your RTO must retain evidence of current written agreements for all third-party arrangements. While you can determine the format these agreements, any agreements should clearly describe the obligations of each party.
Your RTO must also retain evidence that you have developed and implemented strategies to systematically monitor services provided under third-party agreements to ensure that these services comply with the Standards. The evidence required to demonstrate compliance will depend on the extent of these arrangements. For example:
- If your RTO has multiple arrangements, or arrangements for delivery outside Australia, a scheduled monitoring program may be required to make sure the monitoring is systematic and that enough resources are available.
- If your RTO has a single, tightly controlled arrangement, less formality may be needed.
Evidence could include schedules of reviews conducted and reports on these reviews. If a review identifies non-compliance, your RTO needs to retain evidence that this has been corrected and that the RTO is now compliant.
Your RTO must notify ASQA whenever it starts or ends a third-party agreement. Third-party arrangements may increase risk to the quality of your services; as such, any third-party arrangements will be considered as part of your provider risk profile.
You must notify ASQA of third-party arrangements using the online form on the ASQA website.
ASQA’s fact sheet on third-party arrangements includes additional guidance on meeting your obligations in relation to any such arrangements.
You should be aware that ASQA may interview third parties to verify how your arrangements are being implemented and monitored in practice and how practices align with your written agreements.
Tips on developing a written agreement
The written agreement with a third party should include:
A written agreement with a third party providing recruitment services on your behalf might include:
Guidance for applicants for initial registration
If you are intending to use any third-party arrangements, you must have written agreements in place.
You must be able to show how you intend to monitor such arrangements.