Privacy & Policy Statements

Privacy Policy

1. Overview

Certify You is committed to privacy protection and compliance with applicable privacy laws and standards, and will manage personal information in an open and transparent way.

Certify You will fulfill its obligations under the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) by complying with the Australian Privacy Principles (APPs). These 13 principles detail how organisations should collect, update, use, keep secure or where necessary disclose and give access to personal information, as well as how complaints should be handled and how, in some circumstances, anonymity can be maintained.

2. Scope

This policy applies to all employees, contractors, customers and suppliers. It applies to the collection, updating, use, storage, disclosure and access to personal and sensitive information that can be recorded in any format including, but not limited to, information held in writing, online, digitally or by electronic means, including mobile phones and USB sticks.

3. Policy

3.1. Collection

3.1.1. Your personal information

Information collected and held by Certify You could include name, current and previous address, telephone number(s), driver licence number, bank account details, Tax File Number, date of birth, diversity status, and relevant sensitive (e.g. health) information, as well as details of your trading with us e.g. numbers, financial and business details (suppliers and customers) information.

Certify You will:

3.1.1.1. Where reasonable and practicable to do so, collect personal information about an individual from that individual

3.1.1.2.  Ensure that individuals are aware that, in some circumstances, information may be provided anonymously or by using a pseudonym unless:

a) Certify You is required or authorised by or under an Australian law, or a court/tribunal order, to deal with individuals who have identified themselves or

b) it is impracticable for Certify You to deal with individuals who have not identified themselves or who have used a pseudonym.

3.1.1.3. not collect, update, use, store or disclose personal, health or business information to another party without written consent from an individual, business or Certify You.

3.1.1.4. only collect personal information that is necessary for its functions or activities.

3.1.1.5. only collect information by lawful and fair means, without unwarranted coercion and in a way that is not unreasonably intrusive.

3.1.1.6. when, or as soon as practicable after, collecting personal information from an individual, Certify You will take reasonable steps to ensure that the individual is aware of:

a) Certify You’s identity and contact details

b) how to access the information

c) how to update the information

d) the purpose for which the information is collected

e) the types of entities to which Certify You usually discloses information of that kind, and, where relevant, the countries in which overseas recipients are likely to be located

f) any law that requires the particular information to be collected

g) the main consequences (if any) for the individual if all or part of the information is not provided

h) Certify You’s Privacy Policy which contains information about how the individual may access the personal information about the individual and seek the correction of such information, and

i) how to complain about a breach of the Australian Privacy Principles.

3.1.1.7. if personal information is collected from someone other than the individual, take reasonable steps to ensure that the individual is made aware of the matters listed above except to the extent that making the individual aware of the matters would pose a serious threat to the life or health of any individual.

3.1.1.8. inform all managers and staff by way of the Privacy Policy that no personal information or business details are to be given to another party without the consent/and or guidance of the Principal Executive Officer.

3.1.1.9. inform the party/s concerned of the reason for collecting, using, storing or disclosing such information.

3.1.1.10. inform the party/s concerned of the main consequences if all or part of the information is not provided.

3.1.2. Where our information comes from Certify You collects personal information in a number of ways:

3.1.2.1. directly from you when you apply to us for employment as part of our recruitment of employees process, or training services, on an application form.

3.1.2.2. from freely available “public domain” information sources e.g. telephone directories.

3.1.2.3. from our own records of how and when you use our various services.

3.1.2.4. from third parties, such as previous employers or organisations you have dealt with in the past and volunteered by you as a reference for the purposes of employment or credit checks prior to the opening of an account with us.

3.1.3. Unsolicited information

3.1.3.1. If Certify You receives unsolicited personal information, we will, within a reasonable period after receiving the information, determine whether or not the information could have been collected by lawful and fair means.

3.1.3.2. If Certify You determines that we could not have collected the personal information, and the information is not contained in a Commonwealth record, Certify You will, as soon as practicable, but only if it is lawful and reasonable to do so, destroy the information or ensure the information is de-identified.

3.1.3.3. If Certify You determines that the information could have been collected by lawful and fair means, we will apply the Australian Privacy Principles in relation to the information as if we had collected the information under the Australian Privacy Principles.

3.2. Use and Disclosure

3.2.1. How we use information Certify You will only use this information to:

3.2.1.1. provide the service(s) you have requested. This may be payment for work done, invoicing for work completed by one of our employees, or providing training services and reporting results.

3.2.1.2. manage those services in order to provide the optimum level of service for your individual needs.

3.2.1.3. conduct appropriate credit, police and/or “Working with Children” checks, and pre-employment checks e.g. reference checking or pre-employment medical advice.

3.2.1.4. advise you of other services that we provide, that may be of interest to you.

3.2.2. When we use or disclose information

3.2.2.1. Certify You will only disclose information about you to others on an as needs basis or

where required by law.

These people or organisations may include,

a) your authorised representative or legal advisors

b) banks or credit providers for payroll purposes or credit related functions such as the provision of account facilities

c) government and statutory authorities, where required by law, for example the reporting of training results for a registered trainee; Australian Taxation Office; or nominated superannuation fund

d) Certify You’s RTO Manager/CEO who believes that use of the information is necessary to prevent or lessen a serious and imminent threat to the life or health of the individual concerned or another person.

3.2.2.2. Certify You will only use or disclose personal information for a purpose (the secondary purpose) other than the primary purpose of collection if:

a) the individual has consented to the use or disclosure of the information or

b) the individual would reasonably expect the information to be used or disclosed for the secondary purpose and

c) if the information is sensitive, it is directly related to the primary purpose or

d) if the information is not sensitive, it is related to the primary purpose or

e) the use or disclosure of the information is required or authorised by or under an Australian law or court/tribunal order or

f) a permitted general situation exists or

g) a permitted health situation exists or

h) Certify You reasonably believes that the use or disclosure is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.

3.2.3. Record of use and/or disclosure & de-identification

If Certify You uses or discloses personal information under the previous paragraph we will make a written note of the use or disclosure, and will take reasonable steps to ensure that the information in de-identified before disclosure.

3.2.4. Exceptions

These guidelines on use and disclosure of personal information do not apply for the purposes of direct marketing or the use of government related identifiers.

3.2.5. Direct Marketing

3.2.5.1. Certify You may use or disclose personal information (other than sensitive information) about an individual for the purposes of direct marketing if:

a) Certify You collected the information from the individual and

b) the individual would reasonably expect Certify You to use or disclose the information for that purpose and

c) Certify You provides a simple means by which the individual may easily request not to receive direct marketing communications from Certify You and

d) the individual has not made such a request to Certify You.

3.2.5.2. Certify You may also use or disclose personal information (other than sensitive information) about an individual for the purpose of direct marketing if:

a) Certify You collected the information from

  • the individual and the individual would not reasonably expect Certify You to use or disclose the information for that purpose or
  • someone other than the individual and

b) either

  • the individual has consented to the use or disclosure of the information for that purpose or
  • it is impracticable to obtain that consent and

c) Certify You provides a simple means by which the individual may easily request not to receive direct marketing communications from Certify You and

d) in each direct marketing communication with the individual:

  • Certify You includes a prominent statement that the individual may make such a request or
  •  Certify You otherwise draws the individual’s attention to the fact that the individual may make such a request and

e) the individual has not made such a request to Certify You.

3.2.5.3. Exception – sensitive information

Certify You may use or disclose sensitive information about an individual for the purposes of direct marketing if the individual has consented to the use or disclosure of the information for that purpose.

3.2.5.4. Exception – contracted service providers

Certify You may use or disclose personal information for the purposes of direct marketing if:

a) Certify You is a contracted service provider for a Commonwealth contract and

b) Certify You collected the information for the purpose of meeting (directly or indirectly) an obligation under the contract and

c) the use or disclosure is necessary to meet (directly or indirectly) such an obligation.

3.2.5.5. If Certify You uses or discloses personal information about an individual:

a) for the purpose of direct marketing by Certify You or

b) for the purpose of facilitating direct marketing by other organisations the individual may:

c) if clause 3.2.5.5 a) applies – request not to receive direct marketing communications from Certify You and

d) if clause 3.2.5.5 b) applies – request Certify You not to use or disclose the information for the purpose referred to in that sub-clause and

e) request Certify You to provide its source of information.

 

3.2.5.6. If an individual makes a request under the above sub-clause, Certify You must not charge the individual for the making of, or to give effect to, the request and

a) if the request is not to receive direct marketing communications from Certify You for its own direct marketing or for the facilitating direct marketing by other organisations, Certify You must give effect to the request within a reasonable period after the request is made and

b) if the request is that Certify You provide its source of information, Certify You must, within a reasonable period after the request is made, notify the individual of its source unless it is impracticable or unreasonable to do so.

3.2.5.7. This principle does not apply to the extent that any of the following apply:

a) the Do Not Call Register Act 2006

b) the Spam Act 2003

c) any other Act of the Commonwealth, or a Norfolk Island enactment, prescribed by the regulations.

3.3. Data Quality – Have we got the right information?

Certify You will:

3.3.1. take such steps (if any) as are reasonable in the circumstances to ensure that the personal information we collect, use and where appropriate disclose to others is accurate, complete, and up to date

3.3.2. if satisfied that, having regard to the purpose for which the information is held, the information is inaccurate, out of date, incomplete, irrelevant or misleading or

3.3.3. if the individual requests Certify You to correct the information take such steps (if any) as are reasonable in the circumstances to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up to date, complete, relevant and not misleading

3.3.4. when correcting personal information about an individual that we previously disclosed to another organisation also respondent to the Australian Privacy Principles, and if the individual requests us to do so, we will take such steps (if any) as are reasonable in the circumstances to give that notification unless it is impracticable or unlawful to do so

3.3.5. give the individual a written notice if we refuse to correct the personal information, as requested by the individual, setting out

a) the reasons for the refusal except to the extent that it would be unreasonable to do so and

b) the mechanisms available to complain about the refusal and

c) any other matter prescribed by the regulations.

3.3.6.   if the individual and Certify You disagree about whether the information is inaccurate, incomplete, out of date, irrelevant or misleading, and the individual asks Certify You to associate with the information a statement that the information is inaccurate, incomplete, out of date, irrelevant or misleading, Certify You will take such steps as are reasonable in the circumstances to associate the statement in such a way that will make the statement apparent to users of the information.

3.4. Data Security

Certify You will:

3.4.1. take reasonable steps to ensure the information held is protected from misuse, interference and loss as well as from unauthorised access, modification or disclosure. Limited access will be given to authorised personnel only, and only where Certify You believes they reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs

3.4.2. have physical, electronic, and procedural safeguards in place that comply with federal regulations to protect personal and business information about you

3.4.3. store information electronically or in paper files secured in locked cabinets

3.4.4. take reasonable steps to destroy or permanently de-identify personal information if it is no longer required, is not contained in a Commonwealth record, and Certify You is not required by or under an Australian law, or a court/tribunal order, to retain the information.

3.5. Openness

3.5.1. This Privacy Policy sets out Certify You’s corporate policy on management of personal information and is available to anyone who asks for it. It can also be accessed via our website:

www.futureacademy.edu.au

3.5.2. If a copy of Certify You’s Privacy Policy is requested in a particular form, Certify You will take such steps as are reasonable in the circumstances to provide a copy in that form.

3.5.3. On request Certify You will take reasonable steps to let a person know, generally, what sort of personal information it holds, for what purposes, and how it collects, holds, uses, updates and discloses that information about a person.

3.6. Access and Correction

3.6.1. Your rights to access

3.6.1.1. You have the right to access any information held by Certify You about you, subject to some restrictions listed in Federal Government legislation

For example:

a) if providing access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety or

b) if providing access would have an unreasonable impact upon the privacy of other individuals or

c) the request for access is frivolous or vexatious or

d) the information relates to existing or anticipated legal proceedings between Certify You and the individual, and would not be accessible by the process of discovery in those proceedings or

e) providing access would reveal the intentions of Certify You in relation to negotiations with the individual in such a way as to prejudice those negotiations or

f) providing access would be unlawful or

g) denying access is required or authorised by or under an Australian law or a court/tribunal order or

h) Certify You has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to Certify You’s functions or activities has been, is being, or may be engaged in and

i) providing access would be likely to prejudice the taking of appropriate action in the matter or

j) providing access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body, or

k) providing access would reveal evaluative information generated within Certify You in connection with a commercially sensitive decision-making process.

3.7. Government Related Identifiers

3.7.1. Certify You will not adopt a government related identifier of an individual as its own identifier of the individual unless:

a) required or authorised by or under an Australian Law or a court/tribunal order or

b) the identifier is prescribed by the regulations and

c) Certify You is prescribed by the regulations, or is included in a class of organisations prescribed by the regulations and

d) the adoption, use or disclosure occurs in the circumstances prescribed by the regulations.

3.7.2. Certify You will not use or disclose a government related identifier of an individual unless:

a) the use or disclosure of the identifier is reasonably necessary to verify the identity of the individual for the purposes of our activities or functions or

b) the use or disclosure of the identifier is reasonably necessary to fulfil our obligations to a government agency of State or Territory authority or

c) the use or disclosure of the identifier is required or authorised by or under an Australian law or a court/tribunal order or

d) a permitted general situation exists in relation to the use or disclosure of the identifier or

e) Certify You reasonably believes that the use or disclosure of the identifier is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, and enforcement body.

3.8. Anonymity

3.8.1. when Certify You is required or authorised by or under an Australian law, or a court/tribunal order, to deal with individuals who have identified themselves or

3.8.2. it is impracticable for Certify You to deal with individuals who have not identified themselves or who have used a pseudonym.

3.9. Cross-Border Disclosure of Personal Information

3.9.1. Certify You will only transfer personal information about an individual to someone (other than within our organisation or to the individual) who is an overseas recipient if:

a) Certify You has taken reasonable steps to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to the information or

b) Certify You reasonably believes that the recipient of the information is subject to a law or binding scheme that has the effect of protecting the information in a way that is substantially similar to the Australian Privacy Principles, and

c) there are mechanisms that the individual can access to take action to enforce that protection of the law or binding scheme or

d) the individual consents to the disclosure, in which case

e) Certify You will expressly inform the individual that if he or she consents to the disclosure of the information, we will not take reasonable steps to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to the information however we will then re-check that the individual still consents to the disclosure

f) the disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order or

g) a permitted general situation exists in relation to the disclosure of the information by Certify You

h) the disclosure of the information is required or authorised by or under an international agreement relating to information sharing to which Australia is a party or

i) Certify You reasonably believes that the disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body and

j) the recipient is a body that performs the functions, or exercises powers, that are similar to those performed or exercised by an enforcement body.

3.10. Sensitive Information

3.10.1. Certify You will not collect sensitive information about an individual unless:

a) the individual has consented to the collection of the information and

b) the information is reasonably necessary for one of more of our functions or activities and

c) the information relates solely to individuals who have regular contact with Certify You in connection with our activities or

d) the collection of the information is required or authorised by or under an Australian law or a court/tribunal order or

e) a permitted general situation exists in relation to the collection of the information or

f) a permitted health situation exists in relation to the collection of the information.

3.11. Requests for Information

3.11.1. Certify You will not disclose any personal information without first establishing the identity of the person requesting the information.

3.11.2. If access to personal information held by Certify You is required, a written request specifying the information sought may be made to an individual’s usual contact at Certify You or the RTO Manager/CEO. Adequate identification by or authority from an individual must be supplied to Certify You before any personal information will be provided

3.11.3. Access to personal information will be provided within five business days of receiving a request. If this cannot be complied with Certify You will advise within the five day period when access will be provided.

3.11.4. The nature and the timing of access will be agreed between Certify You and the individual.

3.11.5. Certify You may charge a reasonable fee for providing access to personal information, (but not for lodging a request for access).

3.11.6. If Certify You refuses access due to subclause 3.6.1.1, we will provide written notice to the individual which sets out:

a) the reasons for the refusal except to the extent that, having regard to the grounds for the refusal, it would be unreasonable to do so

b) the mechanisms available to complain about the refusal, and

c) any other matter prescribed by the regulations.

Marketing Policy

PURPOSE

This policy sets out the proposed marketing and advertising of AQF and VET qualifications to prospective clients is ethical, accurate and consistent with its scope of registration.

SCOPE

The policy applies to the ethical, promotion, marketing and advertising of Certify You’s training and assessment services both in the electronic and print media.

POLICY

Certify You will ensure that the Academy’s marketing and advertising of AQF and VET qualifications to prospective clients is ethical, accurate and consistent with its scope of registration.

Certify You will use the NRT logo only in accordance with its conditions of use.

The CEO or his nominated representative (RTO Manager) is responsible for ensuring that promotional materials, representations and services to be provided, are consistent with the ability of the business, including scope of registration and scale of operation, to meet the required standard expected of the business and the client.

PROCEDURES

Certify You will achieve this policy by:

1.1 Ensuring all courses advertised and promoted are on its scope and current.
1.2 Ensuring under no circumstances any prospective clients will be enrolled into superseded or obsolete qualifications or unit of competencies.
1.3 Ensuring references to payment information including all fees and charges and refund policy will be included in all Certify You’s advertising and marketing practices and these will be published on the website.
1.4 Ensuring all training products will be correctly advertised and will include qualification and unit codes so that prospective clients will know exactly what courses are being enrolled.
1.5 Ensuring the unique RTO registration code in all marketing and advertising material will be published.
1.6 In cases where some or all of the training and assessment is to be sub-contracted to a partner RTO, a full description of the training and assessment services being provided by a partner RTO, including its unique national registration code and all qualification or unit codes and titles that will be delivered on behalf of the host RTO that will actually be issuing the qualification.
1.7 Not allowing any marketing advertisement or practice that guarantees the completion of a qualification or unit in unrealistically short time frames.
1.8 Not allowing any marketing advertisement or practice that guarantees employment outcomes.
1.9 Having stakeholders review the content of any advertising.
1.10 Providing accurate and up to date information pertaining to course content.
1.11 Advising prospective clients with easy to understand, plain English content to assist with their decision making.
1.12 Ensuring all claims made are realistic, achievable and ethical.
1.13 The latest version of the conditions of use for all NRT logos are applied. This includes but not limited to:
1.13.1 Using the NRT logo only with accredited courses on RTO’s scope.
1.13.2 Ensuring the NRT logo is only used with training that is accredited and not all training provided.
1.13.3 Using the NRT logo where there is a direct relationship to an accredited AQF aligned course, Training Package qualification or a course meeting the requirements of the AQTF.
1.13.4 Clearly distinguishing between nationally recognised training within the scope of registration and that which is not nationally recognised.
1.13.5 Not using the logo on products such as corporate stationery, business cards, building signage, mouse pads, pens, satchels, packaging around products nor learning resources supporting training
1.13.6 The NRT logo must be depicted on all AQF qualifications, Statements of Attainment and certificates relating to courses meeting the requirements of the AQTF. The NRT logo must not be depicted on other testamurs or transcripts of results.
1.13.7 Use specified format for reproduction of the logo
1.14 Choosing reputable agents to promote our products in appropriate media.
1.15 Ensuring all Certify You’s marketing staff understand what constitutes ethical, accurate marketing.
1.16 Ensuring all marketing collateral promotes cross-cultural perspectives and respect for different values in the community.
1.17 Ensuring all marketing collateral adheres to equal opportunity and non-discrimination guidelines on the basis of personal, ethnic, religious, gender or other social characteristics.
1.18 Ensuring all marketing collateral is truthful and accurate (to the best of the Academy’s knowledge at the time of creation and/or publication).
1.19 Ensuring no misleading, deceptive or misrepresenting information is used in the marketing collateral and promotional materials and channels.
1.20 Ensuring all marketing collateral is checked against the Marketing and Advertising Checklist before it is endorsed and published.

 

Credit Transfer Policy & Procedures

PURPOSE

This policy and procedure is to ensure that Certify You complies with the legislative requirement to recognize Australian Qualifications Framework (AQF) qualifications and statements of attainments issued by any other registered training organisations (RTO). It also ensures that academic rigour is appropriately maintained within the process for granting credit transfer towards a qualification.
SCOPE
This policy applies to:
• students seeking credit transfer for units of competency within a training package qualification
• assessors engaged for VET courses
• administration staff.

POLICY

Certify You is committed to ensuring an individual’s prior learning is appropriately recognized. Information on, and the opportunity for, RPL is publicised and promoted via the:
• Certify You handbooks prior to enrolment
• Certify You website

PROCEDURES

1. Applying for credit transfer

1.1 Applications for credit transfer must be:
1.1.1 lodged formally in writing using the Credit Transfer Application Form
1.1.2 accompanied by certified documentary evidence including a certified copy of either the relevant qualification and accompanying records of results, or a certified copy of the statement of attainment.
1.1.3 In cases where the academic records, statements of attainment, transcripts, and/or qualifications are in a language other than English, verified translations into English must accompany these documents.
1.1.4 Credit transfer will only be granted for whole units of competency. In cases where a partial opportunity for credit transfer is identified, applicants will be encouraged to seek recognition under the VET RPL process.
1.1.5 Credit transfer will not be granted for an entire qualification.
1.1.6 There is no fee applied to credit transfer applications.
1.1.7 Although an application for credit transfer can be submitted at any time throughout a course, students are encouraged to submit their applications prior to course commencement.

2. Assessment of applications for credit transfer

2.1 An assessor with underpinning knowledge of the qualification and the related training package in which the credit transfer is being sought, in conjunction with the RTO Manager is responsible for determining whether an application for credit transfer is granted or refused.
2.2 On receipt of the application, the nominated assessor is responsible for:
2.2.1 assessing the documentation for authenticity and currency. In many cases the assessment will be guided by mapping information published in the relevant training package
2.2.2 Wherever possible, assessment of credit transfer applications is completed within five business days of receipt of the application.
2.2.3 completing the Credit Transfer Outcome Summary and:
2.2.4 filing the original form together with the certified copies of any qualifications and related paperwork in the student’s file
2.2.5 forwarding a copy of the Credit Transfer Outcome Summary to the RTO Manager, and
2.2.6 notifying the applicant (in writing) of the outcome of their application. In cases where credit transfer has not been granted, the letter must also include an explanation for the decision, together with information relating to the applicant’s right to appeal the decision.
2.3 Credit transfer may not be granted in cases where the course content underpinning the qualification has been superseded by more relevant material. Applicants will be advised to seek recognition under the VET RPL process.
2.4 In cases where credit transfer has been granted, the RTO Manager is responsible for forwarding a copy of the Credit Transfer Outcome Summary to the relevant trainers and assessors.

3. Appealing the decision

3.1 In cases where an applicant disagrees with the outcome of their application for credit transfer, s/he is encouraged, in the first instance, to try to resolve the matter informally with the relevant assessor.
3.2 Where the outcome remains unresolved following informal discussions, the applicant may appeal the decision on the basis of one or both of the following grounds:
3.2.1 that a procedural irregularity has occurred or was in breach of procedural fairness
3.2.2 that the application was not considered on its academic merits and the decision does not give appropriate recognition to the previously undertaken course.
3.3 When appealing an credit transfer decision, the appeal must:
3.3.1 be submitted in writing
3.3.2 state the grounds on which the appeal is being made
3.3.3 contain:
3.3.3.1 an outline of why the applicant considers the original decision to be inappropriate
3.3.3.2 copies of any relevant documentation to be lodged with the RTO Manager no later than five business days from notification of the outcome of the initial application. Late appeal applications will not be considered.
3.4 The RTO Manager will consider the appeal by:
3.4.1 reviewing the initial decision and the applicant’s written submission
3.4.2 consulting with members of the relevant Assessor
3.4.3 and will, if deemed necessary/appropriate, discuss the matter directly with the applicant.
3.5 The applicant will be informed in writing of the outcome of the appeal by the RTO Manager within tenbusiness days of its lodgement as identified by the date of receipt.

 

Records Management Policy & Procedures

PURPOSE

Registered Training Organisations issuing Statements of Attainment or Qualifications under the Australian Qualifications Framework are responsible for maintaining and operating a secure, permanent and reliable system for recording and storing RTO records. The Records Management Policy is to ensure compliance and effective management of all Certify You records and complies with Australian Skills Quality Authority SNR Standards and general directions for retention of Learner’s assessments.
 
SCOPE

RTO Manager of Certify You is responsible for management and implementation of this policy to ensure the integrity, accuracy and currency of Certify You records. This policy covers:
• All Certify You students
• Trainers/Assessors
• Administration Staff
 
POLICY

This policy is to ensure that Certify You complies with the legislative requirements of NVETR Act 2011 to retain client records of attainment of units of competency and qualifications in an accessible format for a period of 30 years.
The policy also covers how Certify You will provide returns of its clients records of attainment of units competence and qualifications to the national VET Regulator on a regular basis (as determined by the National Regulator – ASQA).
 
PROCEDURES

1. RTO Records

1.1 To conform to quality assurance requirements, all Certify You records will be stored and archived according to records management procedures.
1.2 Electronic Records Management:
1.2.1 TMDB, the Student Management System, is used to store all the files and information of client records. TMDB is a cloud based program and therefore it has a server that automatically backs up all data, there is no need for in house- back-up procedures.
1.2.2 TMDB student administration contains all the relevant data collection fields and reporting mechanisms allowing Certify You to manage their AVETMISS 7.0 obligations.
1.2.3 Quality Indicator Reports are to be generated in accordance with ASQA Quality Indicator Reporting guidelines.
1.2.4 Data entry and records management is carried out by the Administration Officers in Domestic and CRICOS departments.
1.2.5 All client records will be electronically stored for a period of 30 years.
1.3 Paper Records Management
1.3.1 Paper Records (Student Assessment Files) to be stored in a secure/lockable cabinet within the Administration area for a maximum of 12 months on completion of Training and/or Assessment.
1.3.2 Paper records (Student Assessment Files)will be destroyed securely after 12 months on completion of Training and/or Assessment.
1.4 Enrolment Records
1.4.1 Enrolments are entered into the TMDBStudent Management Database and then held on the Student Admin File.
1.4.2 Enrolment information are collected in accordance with AVETMISS 7.0 requirements and are stored for minimum of 30 years.
1.5 Student Records
1.5.1 Assessment Records
1.5.1.1 Assessments results are entered into TMDB Database by Admin Officers (Domestic and CRICOS) at the end of each unit of competency completion.
1.5.1.2 Electronic copy of assessment results will be stored for a minimum period of 30 years.
1.5.1.3 The paper copy of actual assessments will be given to the Records Management Officer and/or Admin Officer(s) who will check the information contained on actual assessments are correctly entered into TMDB.
1.5.1.4 Once the routine check has been completed, student assessments will be archived for a minimum of 12 months.
1.5.2 Administration Records
1.5.2.1 All information including enrolments, student details, payments and intervention records (CRICOS only) will be eitherelectronically or in papercopy stored in TMDB for a period of 30 years.
1.6 Qualifications and SOA’s records
1.6.1 Qualifications and Statements of Attainments will be issued in accordance with the Certify You’s AQF Issuance Policy.
1.6.2 Copies of all Qualifications and Statements of Attainment issued will be stored in TMDB.
1.6.3 A copy of actual Qualification and/or Statement of Attainment will be stored in Student Administration File.
1.7 Employer access to student records
1.7.1 Employers cannot access to the private information of RTO’s students without the written consent of the students.
1.7.2 A confirmation can be sent to the employers on confirming student’s enrolment, timetables and whether any certificate or SOA issued. This requires CEO’s approval.
1.7.3 Students may request to access to their file by completing an Access Authorisation Form to the Student Services Officer and having this approved by the CEO and transfer these records to the relevant Employer.
1.8 Staff records
1.8.1 Staff records are securely kept by Certify You’s HR Officer in the RTO premises.
1.8.2 Trainer records are kept separately than the Administration Staff Records.

2. Version Control

2.1 All documents are required to carry a document name,version number, the date that the updated was conducted and the page number. This is placed into the document footer.
2.2 All previous versions of the document are placed into electronic storage under an ‘archive folder’.
2.3 Prior to the release of all new documents, forms and training materials are forwarded to the RTO Manager for review and version control audit.
2.4 Once the document is cleared for release the older version is archived and all copies of the previous version are retrieved and destroyed and all relevant information about the new document version is entered into the Certify You’s company server by the relevant Staff.
2.6 Regular review of document currency will take place every six months to ensure consistency.

3. Correspondence and use of RTO’s letterhead

3.1 All written correspondence should include:
RTO Number
• Name & Surname
• Title
• Contact details
3.2 Under no circumstances, NRT or AQF logo should be used for correspondence and it should not be included in the RTO’s letter head. There are strict guidelines on how the NRT and AQF logo can be used by the RTO’s. Certify You has a policy on NRT Logo use.

 

Fees, Charges and Refunds Policy

1. Introduction

Version – Comments

V1 – N/A
V2 – Amendments and additions made to Schedule A (effective on 29th August 2014).
V3 – Amendments made to this policy to reflect the recent introduction of ESOS (Calculation of Refund) Specification 2014 legislative instrument. (Effective on 8th September 2014).

Certify You ensures potential clients and students are made aware of its Fees, Charges and Refund Policy before accepting an applicant for enrolment.

DOWNLOAD PDF – Fees, Charges and Refunds Policy

2. Scope

The policy applies to the fees, charges and refunds applicable to the delivery of training including students undertaking training under Government Training Contracts, students and clients paying full fees, and overseas students attending CRICOS registered courses.
 
3. Relevant Legislation or Authority

This policy aims to meet the requirements of Standard 3 of the National Code 2007 and Standards for NVR Registered Organisations.
 
4. Policy Statement

Certify You will make sure that fees, charges and refunds are collected and managed in accordance with the provisions of relevant legislative and contractual requirements.
 
5. Procedures

5.1. Notification of Fees and Charges
Certify You ensures that fees and charges are appropriately documented and communicated to the client/student prior to or at the time of enrolment. Certify You advises its fees and charges in course promotional materials, Letter of Offer and on Certify You’s website.
Access to and the dollar amount of subsidised training varies under state and federal requirements simulating the individual’s and training program’s (qualification/skill set) eligibility. Fee for service costs apply where no subsidy/only part of subsidy is available.
Students (and/or their employers) engaged in training which is funded by the State or Commonwealth Government programs, will be made aware of the funding that is provided by the Government, as well as any additional fees applicable such as administration charges resource or material costs.
All tuition, administration, resource and material fees associated with students under a training contract and/or accessing government subsidised training are based on State Government funding and fees guidelines as applicable.
Please note fees are subject to change without notice.
5.2. Payment arrangements
It is required of the client/student to pay the tuition fees, administrative charges or other charges by the specified due dates on the tax invoice and in Australian dollars.
A client/student of Certify You can generally pay in cash, EFTPOS, money order, direct bank deposit, credit card, bank cheque or personal cheque. Funds must be cleared before the date of course commencement.
5.3. Payment Plan
If a payment plan has been negotiated:
• Payments must be in advance of the pending unit of competence or term. Where a student has negotiated to pay by the unit, payment in full must be received before any resources will be provided; once resources have been provided, no refund will be given.
• The total payment charge for a payment plan section is required to be finalised at least fourteen (14) days prior to the end of the designated period of study.
• Cancellation of enrolment does not cancel the obligation to make all payments under the payment plan
5.4. Non-payment of fees
If a student/client fails to pay all fees and charges by the due date, then they are subject to a penalty of $100 late fee(applies to domestic and international students). Failure to pay the debt within 14 days of the original due date may result in any or all of the following, until the full amount is paid:
• Suspension of the student from attending the course and/or from sitting exams
• Loss of access to the Certify You’s resources and academic results
• Inability to graduate
• Report of breach of student visa conditions (Overseas Students only)
• Report a breach of a Training Contract (for students under a training contract)

6. Charges

Administration and material charges may apply, based on the student’s individual enrolment. These charges can include the following:
• Administration charge
• Enrolment fee
• Learning resources
• Uniform garments mandatory in some work-placement programs
• Items which are consumed or transformed by students during the course
• Textbooks
• Photocopying
• Internet charges
• Copies of academic reports
• Change of enrolment
• Re-issue of qualifications and academic transcripts
• Re-sit fees
• Penalty charges for overdue fees or non-payment
Students enrolling in a course of study must pay an enrolment fee of $250 before Certify You can confirm their place in the course of study. Enrolment fee is non-refundable under any circumstances.
 
7. Refunds

Certify You will include in a written agreement (enrolment/application form) the following information, which is to be consistent with the requirements of the ESOS Act, in relation to refunds in the case of student and provider default:
a) amounts that may or may not be repaid to the student (including any course money collected by education agents on behalf of the registered provider)
b) processes for claiming a refund
c) a plain English explanation of what happens in the event of a course not being delivered, and
d) A statement that “This agreement, and the availability of complaints and appeals processes, does not remove the right of the student to take action under Australia’s consumer protection laws”.
 
7.1. Refund due to non-delivery of course by Certify You
Certify You will make a full refund of the unspent course fees paid by the student should a course be cancelled by Certify You. Certify You will make every effort to reschedule the course and offer an alternative place or date. The student or client is not obliged to accept alternative offers and may seek a full refund instead.
Refunds under the above conditions will be paid in full to the student with fourteen (14) days.
7.2. Refund due to Student Request
A guide to refund amounts and conditions is provided in Schedule A (applicable to overseas students only) and Schedule B (applicable todomestic students only), which are attached to this policy.
7.2.1. Application for Refund
The student/client must use the ‘Application for Refund’ form to apply for a refund of tuition fees. The student/client may state reasons and provide relevant details and supporting documentation where appropriate. This form must be submitted to the administration department.
Refunds must be approved by the Accounts Officer or authorised delegate.
7.2.2. Refund Calculation
Approved refunds are payable less the amounts indicated in the Schedules and any agent fees that may have been incurred by Certify You. All approved refunds will be paid no later than four (4) weeks of Certify You receiving the request for refund.
Certify You ensures that its refund policy for international students is consistent with the Education Services for Overseas Students (Calculation of Refund) Specification 2014.
All refund considerations will be strictly limited to the total of monies which Certify You has actually received. Therefund calculation will not include:
• Application/enrolment fee (which is non-refundable under any circumstances)
• The part of expenses for travel, bank charges, accommodation and other domestic services that cannot be offset by providing the services to someone else
• Compulsory union fees
• The cost of books, equipment and other materials needed for the course
• Proportion of course money received for the proportion of the course provided to the student before the default date
7.2.3. Payment of Refund
Any refund will be paid to the person or entity that originally paid the course fees and, where possible, in the same currency in which the fees were paid.
Tuition fees are not transferable to another person or institution.
7.2.4. Alternative to Refund
Once training has commenced in the course e.g. Diploma of Business, no refund is available to participants who leave before finalising the course unless the student can provide a medical certificate or show extreme personal hardship. In that case, fees may be refunded on a pro-rata basis, minus the enrolment fee. However, should participants wish to resume their studies at a later date, the original fee payment can be used as credit towards that course within twelve months of initial payment.

8. Appealing refund decisions

• Students can be referred to Certify You’s Complaints and Appeals Policy and Procedure. Students wishing to access this policy and procedure should contact the Student Services Officer.
• This policy and the availability of complaints and appeals processes, does not remove the right of the student to take action under Australia’s consumer protection law.

9. Assurance

Students’ fees are protected by Certify You’s insurance with the Australian Students Tuition Assurance Scheme (ASTAS) and the Australian Government Tuition Protection Service (TPS) for international students.
All students and clients have the right to take action under Australia’s consumer protection laws.
International students can obtain more information from the Australian Education International website at www.aei.gov.au
 
10. Attachments

 

Access & Equity Policy

PURPOSE

Certify You is committed to providing all students with equal opportunity to pursue their training and development. This policy and procedure is to be used by Certify You to integrate access and equity principles into all training and assessment activities it conducts or is conducted on its behalf.
 
SCOPE

This policy covers all Certify You policies and procedures and all training function activities.
 
DEFINITIONS

Access and Equity principles include:

• Equity for all people through the fair and appropriate allocation of resources
• Equality of opportunity for all people without discrimination
• Access for all people to appropriate quality training and assessment services
• Increased opportunity for people to participate in training

Disadvantaged groups include the following groups who traditionally have been under-represented in Vocational Education and Training (VET):

• People with a disability
• Aboriginals and Torres Strait Islanders
• Women
• People from non-English speaking backgrounds
• People in rural and remote areas
• Long term unemployed

Discrimination can be direct, indirect or systemic.

Direct discrimination

Direct discrimination is any action which specifically excludes a person or group of people from a benefit or opportunity, or significantly reduces their chances of obtaining it, because their status or personal characteristics, irrelevant to the situation (e.g. sex, ethnic origin) are applied as a barrier. Direct discrimination has as a focus assumed differences between people.

Indirect discrimination

Indirect discrimination is the outcome of rules, practices and decisions which treat people equally and therefore appear to be neutral; but which, in fact, perpetuate an initially unequal situation and therefore significantly reduce a person’s chances of obtaining or retaining a benefit or opportunity. Rules, practices and decisions are applied to all groups alike but it is the very assumption of a likeness that constitutes the discrimination.

Systemic discrimination

A system of discrimination perpetuated by rules, practices and decisions which are realised in actions that are discriminatory and disadvantage a group of people because of their status or characteristics and serve to advantage others of different status or characteristics. Direct and indirect discrimination contribute to systemic discrimination.
Equity focuses on outcomes. Equity is not concerned with treating people in the same way; it is concerned with ensuring that all groups of people participate and benefit to the same level.

Legislation includes

• Commonwealth Racial Discrimination Act 1975
• Commonwealth Sex Discrimination Act 1984
• Commonwealth Disability Discrimination Act 1992
• Commonwealth Racial Hatred Act 1995
• Disability Services Act 2006

Sexual harassment is defined by the Commonwealth Sexual Discrimination Act 1984 as when a person:

• makes an unwelcome sexual advance or an unwelcome request for sexual favours;
• Engages in unwelcome conduct of a sexual nature, and a reasonable person would have anticipated that the person harassed would be offended, humiliated or intimidated.

 

Complaints & Appeals Policy

1.0 Purpose and Scope

1.1 This policy and procedure is to provide clear and practical guidelines to ensure that complaints and appeals of students can be resolved in accordance with the principles of natural justice, equitably and efficiently.
1.2 This complaints and appeals policy apply to:

• all students enrolled with Certify You including workplace training students;
• employers and;
• work placement providers.
 
2.0 Definitions

2.1 Complaints and Appeals include but are not restricted to matters of concern to a student relating to training delivery and assessment; the quality of the training; student support and materials; discrimination; and sexual harassment.
2.2 Natural Justice is concerned with ensuring procedural fairness:

• Decisions and processes should be free from bias.
• All parties have the right to be heard.
• The respondent has a right to know of what s/he is accused
• All parties are told the decision and the reasons for the decision.
 
3.0 Policy

3.1 Certify You believes that a student, who has a complaint or appeal, has the right to raise the complaint or appeal and expect that every effort will be made to resolve it in accordance with this policy, without prejudice or fear of reprisal or victimisation.
3.2 The student has the right to present the complaint or appeal formally as well as in writing.
3.3 Certify You will manage all complaints and appeals fairly, equitably and efficiently as possible. Certify You will encourage the parties to approach the complaint or appeal with an open mind and to resolve problems through discussion and conciliation. Where a complaint or appeal cannot be resolved through discussion and conciliation, Certify You acknowledges the need for an appropriate external and independent person to mediate between the parties. The parties will be given the opportunity to formally present their case to the independent person.
3.4 Confidentiality will be maintained throughout the process of making and resolving complaints. Certify You seeks to protect the
rights and privacy of all involved and to facilitate the return to a comfortable and productive learning environment.
3.5 A copy of this Policy will be available to all students and staff via the Certify You’s website and is available in the Student Handbook. The information will also contain for students to approach an external authority LEADR which provides Student Mediation Scheme for Domestic students.
 
4.0 Procedures

4.1 Student should discuss the issue / complaint with the person involved to try and resolve it verbally.
4.2 If no resolution is reached, the student should discuss the issue / complaint with his / her Trainer and/or Assessor to see if it can be resolved. If still no resolution the student should put the following information relating to the complaint or appeal in writing:
• description of the complaint or appeal
• state whether you wish to formally present your case
• steps you have taken to deal with it
• what you would like to happen to fix the problem and prevent it from happening again.
 
4.3 Complaint Form is available on Academy’s website or from Student Services Officer (Domestic).
4.4 Student brings the complaint or appeal to the attention of the trainer or submits to the Student Services Officer within seven (7) days of the issue taking place.
4.5 If the complaint or appeal is not dealt with to the student’s satisfaction within seven (7) days period, s/he may bring it to the attention of the RTO Manager. RTO Manager will either deal with the issue personally or arrange for it to be dealt with by a CEO. This process must commence within 48 hours from the time the RTO Manager receives written notification from the student about their dissatisfaction to the response received from their trainer and a response / resolution must be presented within 7 days.
4.6 Should the issue still not be resolved to the student’s satisfaction, RTO Manager will make arrangements for an independent external person to resolve the issue. The student will be given the opportunity to formally present his or her case. The time frame for this process may vary but should take no longer than 14 days.
4.7 All parties involved will receive a written statement of the outcomes, including reasons for the decision within the 14 day period.
4.8 If the student is still not happy with internal outcome, he / she may take his / her complaint to the LEADR Student Medication Scheme as follows:

Student Medication Scheme
LEADR – Association of Dispute Resolvers
Level 1, 13-15 Bridge Street,
Sydney, NSW, 2000

Tel: 02 9251 3366

Email: leadr@leadr.com.au

4.9 All documentation relating to complaints or appeals should be archived for audit purposes.
4.10 Certify You’s CEO will be person responsible for the implementation and maintenance of the policy.
Download Complaint and Appeals Form

 

Code of Practice

This code of practice supports Certify You’s guarantee and commitment to quality training and assessment, demonstrated through:

•  ethical and accurate marketing and advertising;
• information provided to clients and students before enrolment, including all costs and charges;
• documented fair refund policy including administration fees, charges and refund conditions table openly provided on the Academy’s website;
• complete and accurate recording and retention of academic, financial and other student records and students’ right to access the information we hold;
• confidentiality of information held unless authorised by students/clients or under law;
• protection and privacy of students personal information and this is supported by our Privacy Policy available on our website;
• commitment to the principles of access and equity with staff and students made aware of their obligations to protect their own and others health, safety and welfare in a positive environment free of discrimination or harassment;
• course progress monitoring procedures to ensure that students receive all reasonable assistance to successfully complete their course once accepted for enrolment;
• complaints and grievance procedures clearly explained and displayed on our website, including the complaints escalation steps, appeals process and engagement of independent arbitration, to ensure agreed resolution of complaints;
• learning and assessment strategies and assessments are developed through consultation and engagement with and feedback from industry representatives and trainers.  This ensures graduates meet the required skills, knowledge and standard of performance required in the workplace;
• our training and assessment staff continuously engage with industry and professional development activities to ensure their knowledge and skills reflect current industry practice;
• Learning and assessment is tailored to meet individual student’s learning needs
• we are continuously improving our services and products and seek input and feedback from students and staff through surveys and continuous improvement action requests;
• our operations comply with the Standards for NVR Registered Training Organisations 2011;
• we assist students to gain recognition for existing skills and knowledge through Recognition of Prior Learning (RPL) and provide RPL kits to support this process; and
• we provide academic credit to students who have completed relevant units of competency with a recognised AQF qualification.