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(1) As a Registered Higher Education Provider and a Registered Training Organisation (RTO) La Trobe University must ensure compliance with the: (2) This Policy sets out the University’s approach to managing its statutory notification obligations, as imposed under the aforementioned Acts and Sections 8.1(d)-(e) of the RTO Standards. (3) For more information on the University’s processes for managing and complying with statutory breach-reporting obligations for events that would significantly affect the University’s ability to comply with the ESOS or TEQSA Acts and RTO Standards, see: Compliance Breach Management Policy. (4) This Policy applies to those University staff charged with regulatory liaison roles under the relevant Acts and Standards as outlined in Clause 1. (5) The University will inform the appropriate Designated Authorities of actual or prospective changes to its Related Persons and/or significant changes to its operations, as prescribed by law. (6) As the University is a public body established under a law of the state of Victoria, issues of ownership do not arise. As a result, no statutory reporting of changes to ownership would be triggered under the ESOS Act or the RTO Standards, except where this relates to a separate entity owned in part or full by the University. (7) The University will take reasonable steps to assure itself that any third party providers or agents with whom it enters into a contractual relationship are compliant with all relevant legislation and standards where they act on the University’s behalf. Third party providers retain their own notification responsibilities under these legislation and standards. (8) The University has separate and overlapping responsibilities in relation to notifications under the Acts and Standards within scope of this Policy. (9) The University has a responsibility under each of these instruments to ensure the fitness and propriety of its senior staff. (10) In accordance with the Disclosure of Offence, Charge or Conviction Policy, the Executive Director, Human Resources (or their nominated delegate) is responsible for: (11) For the purposes of compliance with the ESOS Act, the University undertakes to notify TEQSA of the following changes to personnel: (12) The University also undertakes to notify TEQSA: (13) Notification prescribed under clauses 11 and 12, will be made by the Pro Vice-Chancellor (International) who is the nominated delegate of the Vice-Chancellor for the purposes of managing the Universities responsibilities under the ESOS Act. See also clause 10 above. (14) Under the National Code, La Trobe University remains responsible for ensuring its Agents (e.g. domestic and overseas educational agents)and Third Party Teaching Providers comply with the ESOS Act. The University discharges this obligation through: (15) Under the National Code, La Trobe must publish and maintain the details of education agents with whom the University has a written agreement. This information will be stored in International Student Information System and PRISMS. (16) For more information on the University’s Agent management and educational partnerships practices, please see the: (17) For the purposes of compliance with Standard 8 of the RTO Standards, substantial changes to operations, significant changes to ownership (where applicable), and/or details of events that would significantly affect the University’s ability to comply with the RTO Standards will be notified to the National VET Regulator within 90 calendar days of the change occurring. (18) Notification prescribed under clause 17, will be made in writing by the Executive Director of Student Services and Administration as the Designated Executive Officer of the RTO. See also clause 10 above. (19) In accordance with the TEQSA Act, the University will notify TEQSA within 14 days of an event that would: (20) Notification prescribed under Clause 19, will be made in writing by the Executive Director, Planning and Governance or their nominated delegate. (21) For the purpose of this Policy: (22) For Agents and Third Party Teaching Partners, Related Persons are to be determined by the provider and remain outside of scope for the purposes of this Policy.Notifications of Changes to Institutional Operations, Ownership or Management Policy
Section 1 - Background and Purpose
Section 2 - Scope
Section 3 - Policy Statement
Section 4 - Procedures
Part A - Overarching Responsibilities
Part B - Responsibilities Under Each Act/Standard
ESOS Act
Agents Compliance - Educational Agents and Partner Providers
RTO Standards
TEQSA Act
Section 5 - Definitions