Foundation Training Australia may engage a range of third parties from time to time in order to support the delivery of its services.

Services mean training, assessment, related educational and support services and/or any activities related to the recruitment of prospective students. It does not include services such as student counselling, mediation or ICT support.

Third party means any party that provides services on behalf of Foundation Training Australia but does not include a contract of employment between an RTO and its employee.

Third party arrangements do not include arrangements for the hiring trainers and/or assessors as contractors or arrangements for advertising of Foundation Training Australia services. Arrangements also do not apply where an individual contributes evidence of competency, such as workplace supervisors in traineeship or apprenticeship arrangements.

Foundation Training Australia is responsible for all services delivered under its registration, regardless of where these are conducted, including in other countries. This responsibility applies to all RTO obligations, including:

• Providing data;
• Cooperating with ASQA;
• Complying with advertising and marketing standards;
• Informing prospective students;
• Dealing with complaints and appeals;
• Collecting fees; and
• Recordkeeping.

Foundation Training Australia’s ensures a written agreement is implemented with any third party that delivers services under its registration. This includes services such as:

• Training and/or assessment of training products;
• Educational and support services; and
• Recruitment of prospective students.

Educational and support services impacted by third party arrangements may include, but are not limited to:

• 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 students with disabilities and other students in accordance with access and equity;
• Learning resource centres;
• 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 Foundation Training Australia considers necessary to support students to achieve competency.

Recruitment of Prospective students

Activities related to the recruitment of prospective students are only to be undertaken by a third party where these activities are subject to a written agreement.

If a third party is directly engaging in two-way communication with individual prospective students about undertaking training and/or assessment at Foundation Training Australia, they are undertaking activities related to the recruitment of prospective students. As above, if a third party is simply advertising Foundation Training Australia services without two-way communication, they are not considered to be undertaking recruitment of prospective students.

Child Safety

Where Foundation Training Australia third party representatives have direct face to face contact with prospective or actual students, they are required to meet the requirements of the Foundation Training Australia Child Safety arrangements including any required Working with Children Checks.

Written Agreements

Foundation Training Australia ensures all third party arrangements are subject to a written agreement that sets out the obligations of each party in detail.

All written agreements require that any third party delivering services cooperate with ASQA in the provision of information and in the conduct of audits and other monitoring activities.

All Foundation Training Australia written agreements for third party arrangements are registered on the Third Party Agreements Register that is located on the Foundation Training Australia Intranet.

Do Not Call Register

Foundation Training Australia representatives who make unsolicited contact with potential students in order to sell them course services comply with the Do Not Call Register Act 2006 and associated telemarketing standards. Foundation Training Australia ensures that any Third Party agreements that include the making of telemarketing calls and marketing faxes require compliance with the Act.

Telemarketing Agreement Considerations

Third Party agreements that include the making of telemarketing calls and marketing faxes include the following provisions.

General Items

• An express provision that the contracted party will comply with the Do Not Call Register Act 2006.
• If the contracted party causes an employee or agent to make telemarketing calls, a provision that they will take all reasonable steps to ensure that the employee or agent complies with the Act.
• Arrangements to maintain a comprehensive record of all telemarketing activity performed under the agreement.
• Arrangements for the contracted party to supply regular ‘compliance reports’ throughout the duration of the contract to enable the contracting party to assess its compliance.
• Which party is responsible for sourcing the calling lists to be used under the agreement, and where the lists are to be sourced from and the use that can be made of the lists (including time restrictions on how long the lists may be used for).
• Contact details for a person or position at each party for enquiries about Do Not Call Register matters.

Keeping Records

• The contracted party will maintain appropriate records of the calls it makes under the agreement.
• The contracted party will provide these records to Foundation Training Australia regularly to enable monitoring of compliance.

Consent: Keeping Internal ‘Opt Out’ Lists

• The contracted party will respond to requests not to receive further calls.
• The contracted party will communicate any such requests to Foundation Training Australia within a reasonable timeframe so that they can also be added to Foundation Training Australia’s internal opt out list.

Compliance and Quality

Foundation Training Australia ensures it has sufficient strategies and resources to systematically monitor all services delivered by third parties on its behalf, and uses these to ensure that the services delivered comply with regulatory and contractual requirements at all times.

Foundation Training Australia ensures that the details of any trainers and/or assessors engaged through a subcontractor are included on the Register of Trainers and Assessors.

Foundation Training Australia has implemented a range of quality assurance activities related to its use of third party arrangements, including:

• A Complaints Policy to manage and respond to allegations involving the conduct of all personnel, including the personnel of any third parties providing services on the its behalf;
• Systematic monitoring of its third party arrangements; and
• Where fees are levied through a third party, ensuring that all fee arrangements meet the requirements set out for Fee Protection, other Standards for RTOs 2015 fee requirements and all other contractual fee requirements.

Systematic Monitoring of Third Parties

Foundation Training Australia has implemented strategies to systematically monitor services provided under third party agreements, to ensure that these services comply with all requirements.

Monitoring activities include:

• Approval of all third party personnel conducting services under agreement, with these personnel subject to the same HR processes and records requirements as internal personnel;
• Induction of all third party personnel;
• Quarterly work plan meetings which are used as a tool to undertake review and provide immediate feedback and direction to personnel regarding the services provided under agreement.
• Inclusion of third party personnel in professional development activities where relevant; and
• Service reviews of all services undertaken through the agreement conducted at least annually.

Third party service reviews are scheduled as per the Service Review Schedule located in Asana.Service reviews are documented using the Service Review Report that includes review results and recommended actions or changes to systems, strategies, documentation or practice that are needed.

Completed Service Review Reports are located at FTA head office.

Third Party Notifications

Third party arrangements are required to be reported to a range of stakeholders for regulatory and contractual purposes.

ASQA

Foundation Training Australia notifies ASQA whenever it starts or ends a third party agreement using a Notification of Material Change or Event Form. These notifications occur:

• 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.

Third Party Provider List

Foundation Training Australia hold Third Party Agreements with the following companies:

Foundation Training Australia holds contracts with the following companies / individuals:Contract Trainer List