PURPOSE
The purpose of this document is to ensure Clear to Work (CTW) maintains a safe, healthy, and respectful learning space and workspace for CTW staff, stakeholders, and students.

SCOPE
This policy and procedure refers to all CTW students (past and present), staff, contractors, and any stakeholders involved in the running of business.

POLICY STATEMENT
CTW’s foundation for a stress-free and enjoyable workplace and learning space requires a clear framework of behavioural expectations from all parties.

This framework is based on 3 main pillars:

1. Respect for others

Under no circumstances will the following behaviour be accepted or engaged with from any parties mentioned in the scope of this policy:

• Bullying
• Name calling
• Swearing
• Belligerence
• Threats
• Mocking
• Contempt, disrespect or distain for a person’s culture, sexual proclivity, or gender
• Acts of aggression (verbal or written)
• Offensive language or rhetoric

2. Respect for CTW

CTW strongly discourages the following behaviour from all parties mentioned in the scope of this policy:

• Writing unfounded, false, or defamatory information on public websites. If such claims are deemed to be unfounded, false, or defamatory in nature, CTW may respond by engaging legal action.
• Seeking external means of mediation and appeal, without first seeking guidance and support internally from CTW.

3. Respect for learning

CTW strongly encourages the following behaviour from all parties mentioned in the scope of this policy:

• CTW staff and stakeholders will be fair, honest, impartial, and professional at all times
• CTW staff and stakeholders will follow all internal policies and procedures
• CTW staff and stakeholders will follow the Standards for RTO’s 2015
• CTW Students follow the Student Handbook and all guidelines outlined on the CTW website

PROCEDURE

CTW must follow the below procedure when dealing with cases of unwarranted behaviours:

1. Receipt of unwarranted behaviour

On identification of a potential ‘unwarranted behaviour’ case, CTW staff members are required to forward all information and evidence immediately and directly to a/or all CTW Executive Managers (Compliance Manager, Chief Operations Officer, and Chief Executive Officer).

2. Review process and behaviour against the framework of behavioural expectations

The CTW Executive Managers will review and evaluate the parties involved, the product and service experience had by the student/customer, and the incident that has occurred resulting in the behaviour. On review of all information, management will decide if the behaviour falls into any of the main pillars mentioned in the Policy Statement. 

3. Identification of breach and proportionate response

A case manager will then be allocated, predominantly the Compliance Manager, to ascertain the appropriate course of action. Responses are to be curated and in standardised format. Responses must always include information on appropriate means of complaints and/or appeals processes.

a. Respect for others

CTW values the health and safety of its employees and students and does not, under any circumstances, tolerate the disrespectful treatment of staff.

Students found engaging in these behaviours are to be:

• cancelled from the course without a refund

b. Respect for CTW

Students found engaging in these behaviours will be subject to the following:

• Enrolment will be cancelled and no refund will be given
• Face engagement from the CTW legal team

c. Respect for learning

Students who are found to be behaving in a way that goes against any guidelines outlined in the Student Handbook or on the CTW website will have their case escalated to the CTW executive managers for review. Ramifications for this will depend on frequency and severity of the concern and will be addressed proportionately.

One of the most important features of the National Training System is the mutual recognition of qualifications issued by other Registered Training Organisations (RTOs) under the guidance of the Australian Quality Training Framework (AQTF).

Credit Transfer is an administrative process whereby the learner seeks credit for a Unit of Competency they have previously achieved. If a student provides suitable evidence to show they have successfully completed a unit or module at any RTO, CTW must provide credit for the unit or module, unless a regulatory requirement or licence condition (including an industry licensing scheme) restricts this. As many Units of Competency that CTW deliver are heavily regulated by specific state law and licensing requirements, CTW may not accept a direct credit transfer for a Unit of Competency that has been delivered under different state/licensing law requirements.

CTW is not obliged to issue a qualification or statement of attainment that is achieved wholly through recognition of units and/ or modules completed at another RTO or RTOs.

Recognition of qualifications issued by other RTOs does have a limited lifespan. If the qualification/Statement of Attainment held by the student has been superseded and is no longer on the National Register or is not the version required by the qualification into which the student wished to enrol, national recognition does not apply.  In such situations, recognition of prior learning could be the appropriate way to proceed.

Procedure

Credit Transfer will only be granted for an entire unit of competency, not for individual elements of competency. The procedure to make a Credit transfer application is as follows:

1. The student must complete the Request for Credit Transfer Form. This form will give the student 2 options to provide evidence for Credit Transfer.

a. Access to the Students USI Transcripts – A student’s USI transcript contains training outcome data submitted to the national collection by the student’s RTO as a true record of the training undertaken by the student since 2015, including completions and non-completions. As such, a student’s USI transcript is a valid way to authenticate the training undertaken by a student, comparable to calling the issuing RTO. CTW can directly view a USI transcript online via the USI transcript Service (usi.gov.au) for any student who has activated permission for them to do so in the USI Registry System. Students are able to activate this permission online at any time using a smartphone or any internet connected device (theirs or their RTOs). This represents an acceptable alternative to calling the issuing organisation. https://www.usi.gov.au/providers/find-student-usi

b. Use of traditional evidence gathering methods – The student must produce a copy of their USI transcript, certificate and/or Statement of attainment (including Transcript of Results) that has been verified by a JP. This evidence must also be verified by the institute through phone call or email from CTW.

2. Student submits the Request for Credit Transfer Form AND supporting documentary evidence

3. CTW will contact the issuing RTO or TAFE to verify information

4. Where the RTO or TAFE is no longer contactable, CTW will investigate the scope of the issuing RTO/TAFE to ensure the competency and/or qualification was current at the time of printing.

5. CTW notifies student of result.

6. Student may appeal within 30 days of notification. Please refer to Complaints and Appeals Procedure

7. If your previous study was a program at CTW you do not need to submit any supporting documentation.

Assessment Process

CTW will assess all applications for credit transfer for relevance and currency:

• Relevance
  To receive credit for a previously completed course that course must be equivalent in content, learning outcomes and assessment requirements to the course you wish to receive credit for. It must be current on the National Register – training.gov.au
• Currency
  CTW will assess the student’s previous study for its currency to determine if the body of knowledge and practice has changed significantly. If the course content has changed significantly and the student has not maintained sustained practice in the field of study, or if the course content differs due to state law and/or license or regulations.

Fees

CTW reserves the right to charge an administration fee for processing of Credit Transfers.

The CEO is responsible for the control and issuance of this policy.

Recognition of prior learning (RPL) is a process of gathering evidence of a student’s current skills, knowledge, and experience to assess their competency against an accredited unit or Competency or Full Qualification. CTW provides all students with the opportunity to receive recognition of their current skills and knowledge. We promote and acknowledge ‘non-traditional’ forms of assessment of competency and the process of RPL is open to all students considering or enrolled in qualifications and accredited courses with CTW.

Students must be aware that the time and fees for RPL exceed those for full completion of an online course with CTW.

In some instances, where students are enrolled in pre-vocational courses, or courses with legislative or regulatory requirements, RPL may not be appropriate. This also applies to students submitting evidence that is not current. Evidence relating directly to legislative and regulatory competence will only be considered if the evidence applies to the most current version of the applicable legislation/regulation. 

The RPL assessment process includes:

Initial Inquiry | Student contacts CTW via the contact details information if they feel they have a case to complete assessment via RPL.

Consultation and Support | Applications for RPL are considered on a case-by-case basis and within 10 business days of application. CTW consults with the student to ensure they understand the nature of evidence collection and have realistic expectations around the time and financial commitment surrounding RPL vs recompleting the training and assessment. 

Provision of Information | Student receives the RPL Kit with all instructions and suggested evidence requirements needed to complete and submit for assessment. 

Evidence Assembly | Students must then collect, document, and organise their evidence as per the RPL Kit requirements to be presented in a Formal Portfolio for assessment.

Assessment, Including Additional Collection & Gap Identification | On receiving a Formal Portfolio, the assessor may ask for additional evidence via avenues such as a competency conversation, video observation, etc. Once sufficient evidence has been collected, the assessor will mark the student as competent (C) or not yet competent (NYC). The assessment of this evidence is done following the CTW Assessment Policy and Procedure. If a student is deemed NYC, they may be given the option for further evidence collection and/or additional learning to be undertaken and a secondary assessment, this may incur additional fees.  

Post-Assessment Guidance | This feedback and information exchange enables the learner to obtain feedback on their Formal Portfolio (assessment) results, informs unsuccessful learners about appeals, and allows the RTO to gain feedback from students on the RPL experience including aspects of process and system for future continuous improvement considerations.

Certification | If assessment successfully demonstrates competency and meets all aspects of the Assessment Policy and Procedure, the result is recorded as per the Records Retention and Management policy and a Statement of Attainment or certification is issued. following the AQF Certification Policy and Procedure.

CTW reserves the right to charge an administration & assessment fee for processing of RPL. Please contact student services for more information regarding fees.

POLICY STATEMENT

CTW takes all complaints seriously and aims to ensure complaints and appeals are recorded, acknowledged and dealt with fairly, efficiently and effectively. Every effort will be made to resolve a complaint or appeal in accordance with this policy, and without prejudice or fear of reprisal or victimisation.

CTW aims at taking a preventative approach to complaints and appeals. This is done through the implementation of robust policies and procedures, actioning of key continuous improvement solutions, and solid communication between all parties. CTW places value in its public image and seeks a high level of satisfaction when interacting with students and the public.

CTW encourages all parties to approach the complaint or appeal with an open mind, and to resolve problems through discussion and conciliation. The CTW Complaint and Appeals Policy and Procedure is transparent and public as possible to ensure all parties are aware of their rights and responsibilities. This policy will be publicly accessible to all parties and part of the pre-enrolment and pre-employment information.

Where a complaint or appeal cannot be resolved through discussion and conciliation, CTW acknowledges the need for an appropriate external and independent person/party to mediate. The parties involved will be given the opportunity to formally present their case in an independent forum. 

Confidentiality will be maintained throughout the process of making and resolving complaints/appeals. CTW seeks to protect the rights and privacy of all involved, and to facilitate the return to a comfortable and productive learning environment.

PROCEDURE

All appeals and complaints must be dealt with in writing, CTW may also request an additional telephone meeting.

1. Initial complaints and appeals can be sent directly to compliants@cleartowork.com.au.
2. From here our Training and Education Manager will assess and record the information in our register and a resolution will be attempted at this initial phase.
3. If no resolution can be made at this initial phase the Training & Education Manager can request Formal Complaint or Appeal information;

This information should be directed in writing via email to complaints@cleartowork.com.au. Included in this email should be;

• Complainants full name, mobile/telephone and student number
• The issue being raised (complaint or appeal) detail what has happened
• Any evidence that the complainant has to support their case and/or steps they have taken to try and resolve it
• Suggestions on how CTW could resolve their issue

This information can help us better understand, record and investigate the issue.

4. On receipt of the Formal Complaint or Appeal an acknowledgement will be made by the CTW T&EM within 5 business days and advise on the process ahead, or where possible, the complaint or appeal will be dealt with immediately (within 2 business days).

5. If the complaint or appeal cannot be resolved at the time of receiving the Formal Complaint or Appeal, it will be escalated to CTW CEO and management team. The response to this review will be sent within 14 business days.

6. During this review the CTW CEO will
7. Undertake a preliminary enquiry to determine nature of the complaint/appeal and;

• may ask the complainant to attend a telephone meeting to discuss and/or
• may request further information

1. Provide all parties an opportunity to present their case (with a support person and/or parent/guardian if a student is under 18 years of age)
2. Seek guidance from management team with regards to a resolution
3. Record all communications and outcomes
4. Inform, if necessary any relevant legislative, regulatory or enforcement bodies
5. Add and address the complaint or appeal at CTW Continuous Improvement Meetings and identify any areas of improvement to avoid reoccurrence.
6. Provide an outcome to the complainant

In the case of Appeals, the assessment decision will be reviewed by a panel consisting of 2 members of the management team and qualified training and assessment staff (not those involved in the appeal). The student will be notified of the appeal outcome (including reasons for the decision) in writing, within 30 days of lodging the form.

7. Should the issue still not be resolved to the complainant’s satisfaction, CTW will arrange an external and independent person/party to mediate and resolve. The complainant will be given the opportunity to formally present their case in an independent forum and be notified of the costs prior to undertaking. The time frame for this process may vary depending on the duration determined by the Independent mediators.

8. All parties involved will receive a written statement of the outcomes, including reasons for the decision. If the process is taking longer than 60 days from the complaint or appeal being received, the person will be notified in writing of the reason for the delay, and kept informed of all progress.

9. If the person making the complaint or appeal feels they have not been treated fairly or that the result is unreasonable after following the above process, they are advised contact National Training Complaints Hotline – Complaints can be registered with the National Training Complaints Hotline via phone on 13 38 73, Monday to Friday, 8am to 6pm, or via email at skilling@education.gov.au or contacting ASQA at asqa.gov.au.

10. All information regarding the Complaint or Appeal will be kept in line with the Privacy and Records Management Policy and ensure returning students progress into a comfortable and productive learning environment.

Clear to Work (CTW) takes the privacy of our students very seriously and we will comply with all legislative requirements. CTW Privacy Policy commits us to adhering to the legislative requirements set down by the Privacy Act 1988 (Cth), including the National Privacy Principles.

Student Records

Privacy & Access Guidelines apply to personal information collected, stored, and managed by CTW for internal use in connection with academic programs, and for the compilation of statistical reports to meet the requirements of relevant Departments of Education and Training, the Federal Department of Education and Training (www.education.gov.au), and National Centre for Vocational Education Research (NCVER) who use student data for statistical reports. CTW stores student information in different ways, including hard copy documentation kept on individual student files and information kept electronically on the relevant student record database. This information will be kept confidential and will only be accessed by CTW staff that require such access to undertake their duties. Personal information will not be given to third parties outside CTW.

The limited exceptions to this are:

• Where the individual has provided written consent for disclosure.
• Where CTW is required or authorised to do so under Australian law including information to DEEWR with regards to the ESOS Act, National Code and Assurance Fund.
• Where the disclosure is judged to be in the clear interest of the individual (i.e., to prevent or lessen an imminent and serious threat to an individual’s life or health).

If a student believes that the personal information is incorrect, inaccurate, or out of date, the student should advise CTW immediately so that reasonable steps may be made to correct the information.

If a student believes their personal information has not been dealt with in accordance with appropriate privacy principles, they may make a complaint to CTW seeking an internal review. A request for an internal review must be in writing and must be made within six months from the date when the suspected breach occurred.