Learner rights

/Learner rights
Learner rights 2017-10-10T22:13:52+00:00

The learner can access the Complaints and Appeals policy and procedure on this website and also available in the student handbook at any time, however, at pre-enrolment/enrolment the learner will be advised of information relating to any arrangements with another organisation to conduct training and assessment services on behalf of SIT, the contact details of the other party and how fees will be collected as well as ‘what if’ SIT is unable to carry out its contractual obligations to the student.

What are the processes in place should SIT not be able to fulfil its obligations in providing training and assessment services

Higher level skills

Where SIT is unable to continue providing training and assessment services to higher level skills students. It has a contractual obligation under a signed VET pre-qualified Supplier Agreement to advise the Queensland Department of Education Training and Employment (DETE) should an ‘Events default occurs’, which includes: If the Supplier breaches this Agreement and the breach is not capable of being remedied. DETE have the right to terminate or remove the RTO for default. Should this occur the Department may, by written notice to the Supplier: (a) terminate the Agreement; or (b) remove the funding program in relation to which the event of default occurred from this Agreement from a single program or multiple programs funded under the Agreement.

The RTO may terminate the Agreement at the Supplier’s request by notice in writing to the Department, requesting that the agreement be terminated or remove a funding program from this agreement, however, the Department will not agree to the request under this clause, unless the Supplier has made arrangements for the continued provision of Training and Assessment and other VET servies to the students of the Supplier that are satisfactory to the department.

The Department may also terminate the Agreement without cause, by providing 20 business days written notice to the Supplier to terminate this Agreement or remove a Funding Program from this Agreement.

In addition, should the Supplier sell its RTO to another party or indicate a change of control of the company, it must notify both DETE and the Australian Qualifications Skills Authority of the details.

RTOs must act in good faith in all matters at all times.

SITs process should it not be able to continuing with its training and assessment services to higher level skills students will:

  1. Notify the Department of Education Training and Employment that it would like to terminate the Agreement and advise of arrangements it has in place for the continued provision of training and assessment for the affected student
  2. Notify the affected student in writing via email advising of the RTO’s intention and suggesting another RTO who will be able to provide the training and assessment services
  3. Issue a statement of attainment to the student and the other RTO
  4. SIT will advise ASQA for any significant changes to the sale of the RTO, change of control, change in financial administration such as liquidation, bankruptcy by completing the ‘Notification of material change or event form’ within 30 days of any decision made by the RTO
  5. SIT will also advise ASQA that it would like to withdraw its registration as an RTO using ASQAnet
  6. All student records including personal and academic will be sent to ASQA within 30 days of such an event described in 4 and 5
  7. SIT will advise the employer should it not be able to fulfil its obligations for training and assessment and suggest another RTO which will be able to continue providing training and assessment services.
  8. SIT will send ASQA its certificate of registration issued at intial registration as an RTO within 10 days of the withdrawal date taking effect
  9. Advise trainers and assessors, staff and contractors in writing of its intention to deregister or where a funding program has been terminated or the VET pre-qualified agreement has been terminated.
  10. Where partnering organisations are unable to provide the training and assessment services on behalf of SIT. SIT shall continue to provide these services to students using own trainers and assessors.

10.Where there are any changes to agreed services, students will be notified in writing immediately. Changes services may include, the termination of a partnering arrangement or variations to the third party agreement.

  1. ASQA is notified through ASQAnet should SIT enter into or terminate an agreement with a partnering organisation withing 30 calendar days of the agreement commencing or coming to an end.
  2. Where contribution fees and other fees have been paid directly to SIT. SIT will follow its refunds policy and procedures to determine the pro rata refund amount.
  3. Where fees have been paid directly to the partnering organisation. The student has the right to pursue the refund of fees through other legal channels.

Fee for Service

Where SIT is unable to continue providing training and assessment services to FEE for SERVICE clients for one or more reasons and has accepted fees by the student to align with Standard 7, clause 7.3 of the ASQA Standards for Registered Training Organisations (RTOs) 2015, such as:

  • sanctions placed on the RTO by ASQA for delivery of one or more of its qualifications on scope
  • voluntary withdrawal of registration by the RTO
  • Cancellation of registration by the Australian Qualifications Skills Authority or
  • any other outside influences which may affect the RTO from being able to continue its business operations as an RTO:

The RTO will:

  • inform the student in writing within 3 days of it not been able to continue to provide training and assessment services
  • refer the student to its refund policies and procedures and refund fees to align with its policy and procedure
  • refer the student to its complaints and appeals policy and procedure
  • assist the student to find an alternative RTO who has the capacity to deliver the qualification the student enrolled into

Skills and Gap Training Program and short courses subsidised by Construction Skills Queensland

Where SIT is unable to continue providing training and assessment services under this program, the RTO will:

  • notify the student in writing within 3 days of it not been able to continue to provide training and assessment services
  • refer the student to its complaints and appeals policy and procedure
  • any other outside influences which may affect the RTO from being able to continue its business operations as an RTO:

The RTO will:

  • Immediately notify Construction Skills Queensland
  • inform the student in writing within 3 days of it not been able to continue to provide training and assessment services
  • refer the student to its complaints and appeals policy and procedure