MARITIMESAFETY VICTORIA
MSV Marine Licence Training General Terms and Conditions
Between
The Director, Transport Safety
And
The Accredited Training Provider (ATP)
Document no: 1 of 6
June2015
MSV Marine Licence TrainingGeneral Terms and Conditions
1.Definitions and Interpretations
In theseMSV Marine Licence Training General Terms and Conditions unless the contrary intention appears the following words have the meaning attributed to them:
Accredited Training Provider, or ATPmeans the entity accredited by the Safety Director to conduct the Training and Assessment:Approved Location means the location for Training and Assessment specified in the ATP Accreditation;
ATP Accreditation means the accreditation granted by the Safety Director to the relevant entity pursuant to section 271F of the MSAasspecified in the letter of Accreditation between the Safety Director and the ATP;
Australian Skills Quality Authority (ASQA)is the national regulator for Australia’s vocational education and training sector established under theVocational Education and Training Regulator Act 2011 (Cth). seeking to make sure that the sector's quality is maintained through the effective regulation of vocational education and training providers, and accredited vocational education and training courses;
Business means the business of providing approved training and assessment for recreational boat operator training and assessment purposes;
Business Day means a day that is not a Saturday, Sunday or a public holiday appointed under the Public Holidays Act 1993(Vic) including any day appointed by the Minister under section 7 (1) (a) of that act applicable to the Melbourne metropolitan area;
Certificate of Attainment means the certificate, provided by the Safety Director, for issue to Eligible Applicantswho have passed the Marine Licence Test;
Code of Practice for the purpose of privacy provisions means a code of practice as defined in, and approved under,the Privacy and Data Protection Act 2014 (Vic);
Commencement Date means the commencement of the ATP’s accreditation as specified in the ATP Accreditation;
Completion Date means the date of completion specified in the ATP accreditation;
Confidential Information means all Information which is either directly or indirectly disclosed provided or made available by the Safety Director to the ATP or acquired by the ATP from the Safety Director (whether orally, electronically, in writing or by any other means) in respect of or in connection with the Training and Assessment, whether before or after the Commencement Date and includes information pertaining to or connected in any way with the Training and Assessment, including but not limited to:
(a)Information about the Safety Director or those involved in the Safety Director's activities;
(b)Information relating to the internal management and structure of the Safety Director;
(c)Information concerning documentation, systems, technology and affairs, operations, processes, plans or inventions and product information (whether customers, suppliers or otherwise);
(d)financial, technological, strategic or business information, concepts, plans;
(e)strategies, directions or systems;
(f)research, development, operational, legal, marketing or accounting information, concepts, plans, strategies, directions or systems;
(g)technology, source and object codes for computer software;
(h)Information comprised in or relating to any Intellectual Property rights of the State of Victoria, or third parties to whom the Safety Director owes a legal obligation; and
(i)know-how relating to computer software, financial techniques and products of the Safety Director;
Discharge Notice has the meaning in clause 12.5;
Eligible Applicant means a person who:
(a)in the case of an applicant for a general marine licence under section53 of the MSAsatisfies the age requirement in section 53(1)(a)(i) of the MSA;or
(b)in the case of an applicant for a restricted marine licence under section54 of the MSA,satisfies the age requirement in section 54(1)(a)(i)of the MSA;and
(c)is not ineligible to apply for a Marine Licence,
and has provided satisfactory evidence of identity to the ATP as outlined in the MSVMarine Licence Training Administration Procedures;
Information includes information or data, whether:
(a)written, graphical, electronic, oral or in any other form, irrespective of the form in which it was originally provided;
(b)provided in writing, graphically, electronically, orally or in any other way;
Information Privacy Principles means the principles so identified and set out in the Privacy and Data Protection Act 2014 (Vic);
Intellectual Property includes all intellectual property rights, title to, and interests in any jurisdiction whether protectable by statute, at common law or in equity, including without limitation:
(a)patents, trade marks, service marks, copyright, registered designs, trade names, domain names, symbols and logos;
(b)patent applications and applications to register trade marks, service marks and designs; and
(c)techniques, computer programme code, specifications, rights in circuit layouts, ideas, concepts, know-how, data, inventions, discoveries, developments, trade secrets, information and logical sequences (whether or not reduced in writing or other machine or human readable form),
and includes any improvements, advancements, modifications, discoveries and developments arising in relation to any of these;
Key Personnel means the persons nominated by the ATP to perform the Training and Assessment and includes Nominated Principals, Nominated Liaison Officers, and relevant managers, trainers and assessors and administrative staff;
Law means Commonwealth, Victorian and local government legislation, including regulations, by-laws and other subordinate legislation; judicial, administrative or regulatory decrees, judgments or orders, standards, procedures as amended from time to time;
Marine Licence means a general marine licence or a restricted marine licence granted by the Safety Director;
Marine Licence Test means the theory based test provided to the ATP by the Safety Director;
Marine Licence Training means the theory based training provided by the ATP to Eligible Applicants;
Maritime Safety Victoria (MSV) is a branch of Transport Safety Victoria, beingthe division of the Department of Economic Development, Jobs, Transport and Resources dedicated to supporting the Safety Director in the exercise of his powers and functions and collectively referred to as Transport Safety Victoria;
MSA means Marine Safety Act 2010 (Vic);
MSR means Marine Safety Regulations 2012 (Vic);
National Skills Standards Council means the advisory body of that name which provides advice on national standards for the regulation of vocational education and training to the Standing Council on Tertiary Education, Skills and Employment that reports to the Council of Australian Governments; or any successor body, including the Industry & Skills Council Advisory Committee;
Nominated Key Personnel has the meaning in clause 12.5;
Nominated Liaison Officer means the person nominated by the ATP to be the contact person in relation to the provision of day to day Training and Assessment;
Nominated Principal means the principal of the ATP who will represent the ATP;
Private Dwelling means a structure that is intended to have people live in it as permanent residents and includes houses, flats or apartments;
Publications means MSV manuals, handbooks, guidelines, procedures documented work practices etc referred to in the ATP Accreditation and the MSV Marine Licence Training General Terms and Conditions .(as amended from time to time);
PWC means personal water craft;
RTO means a registered training organisation registered by an Australian state or territory recognition authority to deliver training and/or conduct assessments and issue nationally recognised qualifications in accordance with the VETQuality Framework;
Safety Director means theDirector, Transport Safety, a statutory office established under s 171 of the TIA together with his delegates and the staff members of MSV authorised to act on his behalf (as the context requires);
Submission has the meaning in clause 12.6;
Suspension Notice has the meaning in clause 21.1;
TIA means Transport Integration Act 2010 (Vic);
Term means the period specified in clause 5;
Terms and Conditions means these MSV Marine Licence Training General Terms and Conditions;
Training and Assessment means:theory based Marine Licence Training and the Marine Licence Test to be provided by the ATP to Eligible Applicants;
MSV Marine Licence Training Administration Proceduresmeans the Publication of that name dated June 2015, as amended from time to time;
MSV Marine Licence Training Audit Guidelinesmeans the Publication of that name dated June 2015, as amended from time to time;
MSV Marine Licence Training Provider Application for Accreditation Form, means the application form of that name, Version 1 dated June 2015, as amended from time to time;
MSV Marine Licence Training Standardsmeans the Publication of that name, Version 1 and dated June 2015, as amended from time to time;
VET Quality Framework means the Vocational Education and Training framework maintained by the Australian Skills Quality Authority;
VicRoads means the Roads Corporation established under the Transport Act 1983 (Vic) and continued under the TIA;
Working With Children Check has the meaning given in the Working with Children Act 2005 (Vic).
2.Obligations of ATP
2.1.The ATP must:
(a)maintain current registration as an RTO for the Term; and
(b)provide to the Safety Directorproof of renewal of registration as an RTO:
(i) before the expiry date of any current RTO registration; and
(ii) at any other time upon request by the Safety Director; and
(c)comply with:
(i)the particulars noted in the ATP Accreditation;
(ii)these Terms and Conditions;
(iii)the MSV Marine Licence Training Standards;
(iv)the MSV Marine Licence Training Administration Procedures; and
(vi)the MSV Marine Licence Training Audit Guidelines.
2.2For the purposes of clause 2.1(c) above, to the extent that there is an inconsistency between a provision in the terms and conditions noted in the ATP Accreditationand these Terms and Conditions, these Terms and will take precedence to the extent of that inconsistency.
3.Training and Assessment Venue
3.1The Training and Assessment must be delivered by the ATP in a professional training environmentfrom theApproved Location or any other location that meets the requirements set out in theMSV Marine Licence Training Standards.
3.2The Training and Assessment must not be delivered in a Private Dwelling unless the Private Dwelling has beenapproved by the Safety Director.
4.Enrolment of Applicants
4.1Before enrolling any person to complete the Marine Licence Training or the Marine Licence Test , the ATP must informall persons seeking to undertake Training and Assessment, of the eligibility criteria to obtain a Marine Licence, as required by section 53 or 54 of the MSA(as applicable), and regulation 30 of the MSR.
4.2Before enrolling any person to complete the Marine Licence Training or the Marine Licence Test the ATP must:
(a)acquire the evidence of identity from that person as specified under the MSV Marine Licence Training Administration Procedures ; and
(b)require applicants to complete an enrolment form.
4.3The ATP must:
(a)make records of evidence of identity checks in accordance with theMSV Marine Licence Training Administration Procedures; and
(b)document evidence of identity checks in the register of Certificates of Attainment.
4.4The ATP must ensure that the enrolment form acquired pursuant to clause 4.2(b) above requires the applicant tospecify if they are prepared to be contacted by the Safety Director to provide feedback and provide a contact number for feedback.
4.5The ATP must provide to the applicant a privacy statement in the form of Appendix 2 at the same time that the ATP provides the enrolment form to the applicant.
5.Term
These Terms and Conditions shall commence on the Commencement Date and shall continue until the Completion Date unless terminated earlier pursuant to clause 22.
6.Certificates of Attainment
6.1For Marine Licence Trainingthe ATP will maintain in a Microsoft Excel compatible format, a register of all Certificates of Attainment issued to applicants. The register of Certificates of Attainment maintained by the ATP must include the following information:
(a)Certificate of Attainment number;
(b)whether the Certificate of Attainment is issued, damaged or void;
(c)name of person to whom the Certificate of Attainment was issued;
(d)date of course;
(e)location of course;
(f)name of the trainer;
(g)proof of identity evidence provided;
(h)outcome e.g. pass mark;
(i)certificate type e.g. Marine Licence/PWC;
(j)type e.g. first assessment / re-assessment;
(k)subject to the applicant’s approval, authority for the Safety Director to contact the applicant to obtain feedback;
(l)where authority has been given for the Safety Director to contact the participant to obtain feedback, the contact number of that participant; and
(m)the residential postcode of the person to whom the Certificate of Attainment was issued.
6.2For Marine Licence Training the ATP must submit to the Safety Director a reconciliation of Certificates of Attainment before the Safety Director will issue additional Certificates of Attainment to the ATP. The reconciliation of Certificates of Attainment must be completed in accordance with the MSV Marine Licence Training Administration Procedures.
Security of Certificates
6.3MSV forms, including blank Certificates of Attainment, must be stored in a locked cabinet when not being used, and must only be accessible by the Key Personnel.
6.4The ATP must have adequate systems in place to ensure the security of Certificates of Attainment.
Issue of Certificates of Attainment
6.5The ATP must issue to Eligible Applicants who have passed theMarine Licence Test a Certificate of Attainment and a course critique. The course critique will include a score sheet and explanatory feedback of the EligibleApplicant’s course performance.
6.6The ATP must not issue a Certificate of Attainment to anyone other than to an Eligible Applicant who has passed a Marine Licence Test delivered by the ATP.
6.7The ATP must supply an Eligible Applicant who has passed a Marine Licence Test with a replacement Certificate of Attainment upon request if the original Certificate of Attainment was granted by the ATP to the Eligible Applicant is subsequently lost or destroyed. The replacement Certificate of Attainment mustreplicate the information contained on the original Certificate of Attainment, including the original issue date except that it will have a different Certificate of Attainment number. The ATP agrees that any fees it charges for issuing replacement Certificates of Attainment willbe reasonable to recover administration costs only.
Recognition of Certificates of Attainment
6.8An Eligible Applicant who has passed a Marine Licence Test and been issued with a Certificate of Attainment bythe ATP shall not be required to sit a Marine Licence Test at VicRoads, provided that the EligibleApplicant presents a current Certificate of Attainment.
7.Complaints
7.1The ATP must have a written complaints management and recording procedure for complaints relating to the provision of the Marine LicenceTrainingand:
(a)act diligently to try to satisfactorily resolve all complaints relating to the provision ofthe Marine Licence Training; and
(b)maintain a chronologically organised register of all complaints relating to the provision ofthe Marine Licence Training, together with details of steps taken towards resolving each complaint.
7.2The ATP must have a written complaints system for the recording of complaints relating to the provision of the Marine Licence Test and:
(a)if the complaint relates to a matter within the control of the ATP, the ATP must act diligently to try to resolve the complaint and maintain a record of the complaint and the steps taken toward resolution; and
(b)if the complaint relates to the Marine Licence Test questions the ATP shall make note of the complaint and refer the complainant to the Safety Director.
8.Vessels
8.1The ATP must not use a vessel for Training and Assessment purposes unless the vessel's operation meets or is exempted by the appropriate authority from the requirements for a domestic commercial vessel under the National System for Domestic Commercial Vessel Safety published by the Australian Maritime Safety Authority.
9.Advertising and Marketing of Training
9.1The ATP acknowledges that false or misleading advertising in relation to the ATP’s Training and Assessment may lead to suspension or cancellation by the Safety Directorof the ATP Accreditation.
9.2The ATP must provide sufficient and accurate information to applicants for its Marine Licence Training courses, in accordance with the MSV Marine Licence Training Standards.
9.3The ATP must not use any MSVlogo or markexcept in conjunction with the Marine Licence Training.
9.4The ATP must only use a MSV logo or mark pursuant to clause 9.3 in accordance with the MSV Marine Licence Training Administration Procedures.
9.4The ATP must implement a fair and equitable refund policy that ensures the refund of fees and publish this policy in accordance with the MSV Marine Licence Training Administration Procedures.
10.Business Records and Accounts
10.1The ATP must keep accurate and separate records and accounts in respect of the supply of the Training andAssessment in accordance with any relevant Law (including accounting standards) and for the period of time required by that Law. Without limiting the scope of any other provision of these Terms and Conditions or the ATP Accreditation, the ATP will cooperate with and assist the Safety Director to comply with any obligations imposed by the Public Records Act1973 (Vic).
11.Administration Support Staff
11.1The ATP must ensure that its administration support staff:
(a)are provided with training to provide immediate recording of inquiries, course results, and course reports to the Safety Director;
(b)are trained in quality recording methods, records maintenance and security measures.
11.2The ATP must provide quick and accurate briefing notes or reportsconsistent with the MSV Marine Licence Training Administration Proceduresto the Safety Directorwithin five (5) Business Days of receipt of a request.
12.Training and Testing Staff
12.1The ATP must ensure that trainers and assessors engaged to provide the the Marine Licence Training or the Marine Licence Test:
(a)have a Victorian Marine Licence (and PWC endorsement if involved in PWC tuition), unless an exception is approved by the Safety Director;
(b)have demonstrated knowledge and experience of the regulatory requirements and environment applicable to non-commercial power boat operation in Victorian waters;
(c)have an appropriate marine qualification where a vessel is used for training purposes;