National On Site Training

Code of Practice

As a Registered Training Organisation, RRW & Co Pty Ltd trading as National Site Training (NOST) has agreed to operate within the Principles and Standards of the Australian Quality Training Framework.

Legislation and Regulatory Requirements

NOST will meet all relevant legislative requirements of State and Federal Governments. In particular legislative requirements related to:

• Work Health and Safety Act and subordinate legislation including workplace harassment, victimisation and bullying. The objective of this Act is to prevent a person’s death, injury or illness being caused by a workplace, by work activities or by specified high risk plant by preventing or minimising a person’s exposure to the risk of death, injury or illness,
• Antidiscrimination Act and subordinate legislation including equal opportunity, racial vilification and disability. An Act to promote equality of opportunity for everyone by protecting them from unfair discrimination in certain areas of activity and from sexual harassment and certain associated objectionable conduct,
• Privacy Act and subordinate legislation. The National Privacy Principles (NPPs) in the Privacy Act set out how private sector organisations should collect, use, keep secure and disclose personal information. The principles give individuals a right to know what information an organisation holds about them and a right to correct that information if it is wrong,
• Vocational Education and Training and Employment Act and subordinate legislation. Some of the objectives of this Act are: to establish a system for the effective and efficient provision of high quality vocational education and training to meet the immediate and future needs of industry and the community; and to regulate the registration of training organisations within the State,
• Copyright Act,

be met at all times. Further information about these legislative requirements can be found at the relevant Government Web Site.

Recognition

NOST recognises AQF qualifications and statements of attainment issued by other RTOs. NOST also provides RPL / RCC to recognise other training and assessment that aligns with our learning programs.

Participant / Learner Selection, Enrolment and Induction

Participants / learners are self selected or selected by their manager in their organisation. NOST does not participate in client selection processes except as a formal consultancy service to organisations. To register interest, participants / learners submit a completed registration form with details of any literacy / numeracy requirements. Invoices are raised based on registration forms. Payment is required under terms listed on each invoice and is not required in advance. At the commencement of training / learning programs, students are provided with orientation information relevant to the site of training including content of the NOST code of practice and will then be required to complete an enrolment form if they wish to continue.

Course Information

Detailed course information and vocational outcomes are provided on our web site, on request and in the course outline and learning program in the participant’s / learner’s learning materials.

Fees and Charges

NOST sets fees as per training planners and registration forms. Participant’s / learner’s complete a registration form prior to enrolment. The NOST fee structure has been set in accordance with the Vocational Education, Training and Employment Regulations 2000 and meets all guidelines laid down by DET.

Refunds

The following principles apply to the refund of course fees by RRW & Co Pty Ltd trading as National On Site Training (NOST):

If the learning program is cancelled (or is not delivered for any reason) by NOST, or if the client cancels their registration at least 5 working days prior to the commencement of the learning program, NOST will provide a full refund of fees, or transfer to another learning program if so desired by the client,

If cancellation occurs in such a way that NOST is not given enough time to fill the vacated place in the learning program, such as:

• the client cancels their registration less than 5 working days prior to the day the learning program commences, or
• there is no cancellation and the participant / learner does not attend, or
• if the participant / learner leaves the learning program after the training commences,

then NOST will retain all fees unless a valid medical certificate is produced, severe financial hardship is demonstrated or other extenuating circumstance exist as decided by the Director. In such cases, up to 75% of the fees may be refunded on a pro rata basis. In the case of a participant / learner leaving the learning program after its commencement, the participant / learner may negotiate to enter the same learning program at the same point in a later learning program,

If a client is not satisfied with the quality of the learning program for substantiated reasons, a place in another learning program will be offered at no cost to the client.

Where NOST has allowed credit payment terms to an individual themselves or on behalf of any organisation, and payment has not yet been received;

Paperwork submitted as a requirement of the course by the individual who attended training under the credit arrangement will only be processed at the discretion of the Director. To be clear: if assessment (submitted paperwork) is not marked (processed) then a final decision about competence of the learner would not be possible.

Where any individual or organisation is to be charged more than $1500 per person for any learning program, any fees that are paid in advance of the learning program commencing are protected for the purposes of this refund policy by the $25000 bank guarantee held by National Australia Bank Stones Corner Branch.

Language, Literacy and Numeracy

NOST does not provide detailed language, literacy and / or numeracy assessment except as a formal consultancy service to clients as requested. Requests for assistance in this area are referred back to the participants / learners manager or organisation in the first instance or to Monica Mitchell Consulting (LL&N Specialists) for individuals. Only in rare circumstances where the above is not appropriate will NOST provide LL&N assessment, in these circumstances NOST will provide an assessment at a cost of $100.00 per person.

LL&N Needs Evaluation Process

Step 1: Information on Training Planners and Registration Forms advise prospective client organisations and individual participants to request LL&N evaluation if required.

Step 2: Learning program participants / learners complete the enrolment form. If the form is not completed satisfactorily then Step 3 is implemented.

Step 3: The trainer / facilitator discusses the LL&N requirements of the training with the participant along with the following options:

• The availability of a NOST fee for service initial LL&N assessment process
• Referral to a qualified LL&N practitioner (Monica Mitchell Consulting)
• Continue with the course with an understanding of the LL&N requirements.

NOTE: NOST will not discriminate against students who may have LL&N needs by restricting their access to further learning if they choose not to follow up with the LL&N evaluation.

Client Support

NOST provides ongoing assessment and tutorial support to all participants / learners as required. Participants / learners should contact their trainer in the first instance. On the job support is provided by the participants / learners manager or organisation. On site support may be provided by NOST at a negotiated cost.

Flexible Learning and Assessment Procedures

NOST offers a variety of modes of learning and assessment where possible in our products while ensuring fair, flexible, reliable and valid assessment. Examples include: Project completion, RPL / RCC, verbal questions in place of written questions, flexible timelines for completion, phone and email based client support etc.

Welfare and Guidance

NOST does not provide welfare and guidance services except as a formal consultancy service to client organisations. Requests for assistance in this area are referred back to the student’s manager or organisation, or to the local Centrelink or Salvation Army Office.

Grievance and Appeals

Obligations

NOST is responsible for the quality of the training and assessment provided in compliance with the 2015 Standards for Registered Training Organisations (Australian Skills Quality Authority). Including:

• Learners have the right to complaints and appeals as outlined in this document
• Learners have other rights specified under NOST Refund Policy
• Learners have other rights specified under state and commonwealth consumer law

Learners also have obligations:

• Learners who chose to avail themselves of the VET FEE-HELP scheme may have repayment obligations
• Learners must ensure they have paid all amounts owing and successfully completed all assessment (including workplace verification) before they will be issued a statement of attainment

In the event that a client / participant / learner has a grievance against:

• a NOST (RRW & Co Pty Ltd trading as National On Site Training) process or
• the general or professional conduct of an employee or contractor working for NOST or
• the general or professional conduct of an employee or contractor of another organisation who is (at the time of the grievance) gathering evidence in the workplace that may contribute to an assessment decision by a NOST assessor or
• the general conduct of another participant in a learning program,

the following complaints and appeals procedures apply:

Complaints

In the event that a client / participant / learner has a grievance, they may in certain circumstances be entitled to natural justice and procedural fairness (see addendum). The following procedure applies in general:

• Raise the issue with the trainer / facilitator and, if the issue is not resolved on the day,
• Raise the issue with NOST’s training manager and, if the issue is not resolved within two days,
• Raise the issue with the Director or nominee of National On Site Training. A decision will be made and the outcome provided to the complainant in writing. If the issue is still not resolved within one month,
• We will provide the client / participant / learner with the name and contact details of an appropriate body where further assistance can be sought.

If the issue entitles the person to natural justice and procedural fairness. Then:

• a timely hearing appropriate to the circumstances will be held;
• the process and decision will demonstrate lack of bias;
• evidence to support the decision will be provided; and
• inquiry will be made into any matters in dispute.

Appeals

NOST have a maximum appeals period of one (1) month from the time of course completion. Therefore, any appeal must be lodged in writing to the Director within four (4) weeks of the last class / activity of the course. Appellants may in certain circumstances be entitled to natural justice and procedural fairness. The following procedure applies in general:

• Raise the issue with the trainer / facilitator and, if the issue is not resolved within one week,
• Raise the issue with NOST’s training manager and, if the issue is not resolved within one fortnight,
• Raise the issue with the Director or nominee of National On Site Training. A decision will be made and the outcome provided to the complainant in writing. If the issue is still not resolved within one month,
• We will provide the client / participant / learner with the names and contact details of an appropriate body where further assistance can be sought.

If the issue entitles the appellant to natural justice and procedural fairness. Then:

• a timely hearing appropriate to the circumstances will be held;
• the process and decision will demonstrate lack of bias;
• evidence to support the decision will be provided; and
• inquiry will be made into any matters in dispute.

Only in exceptional circumstances, and at the discretion of the Director, will an appeal be considered after the maximum appeals period.

ADDENDUM: Notes on “Natural Justice” and “Procedural Fairness”

What is procedural fairness?

Procedural fairness is concerned with the procedures used by a decision-maker, rather than the actual outcome reached. It requires a fair and proper procedure be used when making a decision. It is highly likely that a decision-maker who follows a fair procedure will reach a fair and correct decision.

Is there a difference between natural justice and procedural fairness?

The term procedural fairness is generally preferable when talking about administrative decision-making because the term natural justice is rather associated with procedures used by courts of law. However, the terms have similar meaning and are commonly used interchangeably. For consistency, the term procedural fairness is used in this addendum.

Does procedural fairness apply to every decision?

No. The rules of procedural fairness do not need to be followed in all decision-making. In our context they mainly apply to decisions that negatively affect an existing interest of a participant (a natural person). For instance, procedural fairness would apply to a decision to cancel an awarded testamur or review an existing “competent” assessment to “not yet competent”; to expel a participant from a learning program or to give out information about a participant that damages the person’s reputation (such as reporting positive blood alcohol results or allegations of inappropriate behaviour to the persons employer).

Procedural fairness also applies where a person has a legitimate expectation (for example, continuing to receive assistance with assessment in progress, or the awarding of a testamur a significant time after initially enrolling in a learning program). Procedural fairness protects legitimate expectations as well as legal rights. It does not apply to routine administration and policy-making, or to decisions that initially give a benefit (for example, an initial decision of “not yet competent” on a submitted assessment or an initial decision not to enrol a participant in a learning program).

The rules of procedural fairness require:

• a hearing appropriate to the circumstances;
• lack of bias;
• evidence to support a decision; and
• inquiry into matters in dispute.

What is “the hearing rule”?

A critical part of procedural fairness is ‘the hearing rule’. Fairness demands that a person be told the case to be met and given the chance to reply before the organisation makes a decision that negatively affects a right, an existing interest or a legitimate expectation which they hold. Put simply, hearing the other side of the story is critical to good decision-making.

In line with procedural fairness, the person concerned has a right:

• to an opportunity to reply in a way that is appropriate for the circumstances;
• for their reply to be received and considered before the decision is made;
• to receive all relevant information before preparing their reply. The case to be met must include a description of the possible decision, the criteria for making that decision and information on which any such decision would be based. It is most important that any negative information the agency has about the person is disclosed to that person. A summary of the information is sufficient; original documents and the identity of confidential sources do not have to be provided;
• to a reasonable chance to consider their position and reply. However, what is reasonable can vary according to the complexity of the issue, whether an urgent decision is essential or any other relevant matter; and
• to genuine consideration of any submission. The decision-maker needs to be fully aware of everything written or said by the person, and give proper and genuine consideration to that person’s case.

How does procedural fairness apply to an individual who may be negatively affected by a decision?

If you are going to be negatively affected by a decision, you are entitled to expect that the decision maker will follow the rules of procedural fairness before reaching a conclusion. In particular, you are entitled to:

• Be told the case to be met (for example, a decision to cancel an awarded testamur or review a prior “competent” assessment to “not yet competent”; to expel a participant from a learning program or to give out information about a participant that damages the person’s reputation), including reasons for this proposal and any negative or prejudicial information relating to you that is to be used in the decision-making process. The case to be met could be a letter or a draft report, or it could be a summary of the issues being considered by the decision-maker. It is not necessary for you to receive copies of all original documents or the identity of confidential sources be revealed.
• A real chance to reply to the case to be met, in writing or orally. The type of hearing should be proportional to the nature of the decision. For instance, if the consequences of the proposed decision are highly significant, a face to face meeting may be warranted. In contrast, if the matter is relatively straightforward, a simple exchange of letters or emails may be all that is needed. Generally, in any oral (or face-to-face) hearing, it is reasonable to bring a friend as an observer, so you may wish to consider this.

In your reply, you may, amongst other things, wish to:

• deny the allegations;
• provide evidence you believe disproves the allegations;
• explain the allegations or present an innocent explanation; and
• provide details of any special circumstances you believe should be taken into account.

You must have the chance to give your response before the decision is made, but after all important information has been gathered. This is so you can be given all the information you are entitled to and be aware of the issues being considered by the decision-maker. The decision-maker should have an open mind (be free from bias) when reading or listening to what you have to say.

How does procedural fairness apply to the decision-maker?

If you are making a decision which will affect the rights, interests or legitimate expectations of a person, you must comply with the rules of procedural fairness. In other words, you must ensure:

• you allow the individual a fair hearing that is neither too early or too late in the decision-making process; and
• you are unbiased. This includes ensuring that from an onlooker’s perspective there is no reasonable perception of bias. If there is a reasonable perception of bias, the matter should be referred to an outside party for independent decision-making.

Disciplinary Procedures

Participants/learners who required disciplinary action from a trainer/facilitator may be excluded from the learning program and all further learning programs at the sole discretion of the trainer/facilitator (subject to natural justice and procedural fairness provisions). Any exclusion arising under these circumstances will not entitle the participants/learners to any form of refund. Disagreement/complaints related to a disciplinary decision may be raised through our Grievance and Appeals process. Participants/learners and client organisations may be in breach of the Workplace Health and Safety Act in relation to workplace harassment and bullying in certain situations where disciplinary action takes place.

Access and Equity

As a matter of principle, RRW & Co Pty Ltd trading as National On Site Training (NOST) will seek to meet the needs of all participants / learners and client employers who express interest in our learning programs in an equitable manner, we will provide resources to ensure all participants / learners and groups of participants / learners are provided with the same opportunities to access our products - within the financial constraints of conducting a viable business.

We will achieve this by:

• Ensuring that our enrolment process is not discriminatory and offers fair access to all,
• Fully reviewing the learning needs expressed by participants / learners and / or client employers,
• Assessing the extent to which the proposed participant / learner is likely to succeed in the planned learning programs and assessment,
• Analysing alternative learning and assessment strategies that may lead to increased learning,
• Sourcing trainers / facilitators with highly developed adult learning skills or other specialised skills as required, or by referring the potential client to another provider which is better placed to achieve successful outcomes,
• Fairly allocating resources to all groups of participants / learners,
• Ensure that access and equity issues are considered during the development of learning resources and assessment instruments.

Recognition Policy

RRW & Co Pty Ltd trading as National On Site Training (NOST) is committed to offering recognition to all clients. This means recognition of competencies currently held regardless of how, when or where the learning occurred. Recognition assesses the individual’s prior learning to the extent to which that individual is currently competent against the required learning outcomes, competency outcomes, or standards for entry to, and/or partial or total completion of, a qualification.

Our aim is to:

• ensure that recognition is an integral part of the assessment of each individual’s eligibility for a competency / qualification,
• match objectives with the VET Quality Framework including the Standards for RTO’s,
• ensure equitable access by individuals to the recognition process,
• ensure that the procedures for recognition incorporate valid and reliable assessment measures designed to accurately assess competencies held,
• encourage the assessment of learning processes outside of the classroom situation, as valid pathways to competency achievement and recognised learning outcomes,
• enable significant cost savings to our clients through reduced attendance time (NOTE: NOST may charge more for a recognition process than for training and assessment if appropriate).

Student access to records

NOST will provide access to a student’s records via phone, email or in person at any time during normal business hours in accordance with our student records policy.

The following principles apply to:

• Statements of Attainment,
• Statements of Attendance,
• Statements of Qualification,
• Academic Statements and
• Information on current assessment status produced by RRW & Co Pty Ltd trading as National On Site Training (NOST).

Issuing Original Statements

Statement of attainment will be issued within 21 days to every participant in a NOST learning program where the participant has fully satisfied the requirements of completion for the learning program.

Where a client has fees outstanding for any other current or previously completed NOST learning program a statement of attainment will be issued only at the discretion of NOST.

Replacement Statements

A $50.00 search fee will apply for each learning program for which a hard copy of a replacement statement of attainment, statement of attendance, statement of qualification or academic record is requested. This search fee will be waived if the individual is entitled to an original statement of attainment, attendance or qualification and NOST records show that it has not been previously issued. Electronic copies of the above documents will be provided at no cost. If a client does not require a statement of attainment, attendance, qualification or academic record, a verbal summary may be provided at no charge. Verbal summaries will be made to any person and phone / mobile number within Australia nominated by the client (student).

Where a learning program has been completed more than 10 years prior to the request for a replacement learning program statement of attainment, printed academic record or verbal statement of attainment, additional archive retrieval costs may be payable by the client at the discretion of NOST.

Requirements may include the payment of all fees, submission / resubmission of all assessment or RPL / RCC instruments, attendance and completion of all enrolment papers associated with the learning program.

Specific Dietary Requirements Policy

NOST is not primarily a catering or food production organisation and in order to control cost to our clients NOST does not maintain the expertise or facilities to cater individually for special dietary requirements. NOST endeavours to provide a range of food choices allowing participants to select from the food provided and meet their personal preference but is unable to guarantee all special requirements can be met. Participants are encouraged to make their own most appropriate food choices from the range of catering provided.

NOST is unable to make special provisions for catering and therefore cannot guarantee that food provided is able to meet every specific dietary requirement including but not limited to:

• Life threatening allergies,
• Moral/ethical/cultural/religious observances,
• Desires for particular foods,