Skills First Disallowed Person

Skills First Contract Update: Disallowed Persons

Share on Social

Share on facebook
Share on linkedin
Share on twitter

Disallowed Persons

A part of the Skills First contract that has always confused providers, the Disallowed Persons requirement states that a contracted RTO should not engage/employ/contact/deal with, a disallowed person.  What actually constitutes a disallowed person has always been ambiguous, but the more common complaint by Skills First providers is the lack of a national register (or equivalent), making it very difficult to determine whether someone can be classified as a disallowed person.

The current fact sheet provides clarity on the definition. A disallowed person can be:

  • An individual; or
  • An organisation

Disallowed Organisations

Disallowed organisations must have been an RTO that was subject to one of the actions described in the definition of disallowed person. Those actions being:

  • Having had its registration status revoked, cancelled or suspended
  • Having had restrictions imposed on its operations that would affect its ability to provide services equivalent to the “Training Services”

So…what are Training Services you may ask

Training Services

Training services can include:

  • Student attraction activities (marketing and advertising)
  • Provision of information to students (brokers, RTO delegates, etc.)
  • Conducting PTR sessions
  • Testing for eligibility
  • Conducting enrolment sessions
  • Developing or documenting the training plan
  • Levying fees (including concessions, exemptions, waivers)
  • Training/assessment delivery
  • Collecting and maintaining evidence relating to all of the above points
  • Data reporting activities (SVTS uploads, responding to SVTS enquiries)

Disallowed Individuals

Disallowed individuals must have been a “relevant person” at an RTO that was subject to one of the above actions. By definition, a “relevant person” would be someone who:

  • Held a sufficiently high level within the disallowed organisation (determined as having exercised a material degree of control or influence over the management or direction of the organisation)

Our Compliance Tips

To ensure that your organisation addresses the disallowed persons requirement of the contract, we recommend the following:

  • Ensure your employment process includes a requirement for you to conduct due diligence on the candidate’s employment history such as referencing public registers (like the one on the ASQA website)
  • Ask your new employee to sign a declaration stating that they are not a disallowed person
  • Retain evidence on the employee file demonstrating you undertook due diligence
  • Ensure your staff understand the contractual requirements in relation to disallowed persons

Stay current with the latest compliance information, direct from our industry experts!

Subscribe to our Newsletter

Related News & Articles

Look beyond the SVTS validation

At least once every month, training providers are required to successfully upload their training activity data for the current data collection year to SVTS. Training providers should check the Validation Outcomes report after every upload and must ensure that any data errors are rectified before re-uploading to SVTS.

Read More »

A comprehensive guide to the 2021 Evidence of Eligibility and Student Declaration Form

As part of the 2021 Contract, the Department has released an updated Evidence of Eligibility and Student Declaration Form which includes content and structural changes to reflect the introduction of new funding schemes (JobTrainer, Skill Sets etc.) and to provide further clarification on existing components of the form. In this article, we will review all of the significant changes in the 2021 Evidence of Eligibility and Student Declaration Form and provide detail on how each section of the form should be completed in a way that satisfies the requirements of the Contract.

Read More »

Job Trainer Initiative

On 11th November, Skills First-contracted Training Providers that have a JobTrainer course on their Funded Scope were notified via an SVTS enquiry about their JobTrainer commencement allocation on 11th November.

Read More »

Feel Free to Leave a Comment

Write a Comment

Your email address will not be published.

Share this post with your colleagues

Share on facebook
Share on linkedin
Share on twitter

Let us help you!

Let us help you!

Book a time with RTO Logic