Common use of Confidentiality and Privacy Clause in Contracts

Confidentiality and Privacy. The Training Provider must not, without the prior written approval of the Department, disclose (or permit the disclosure of) information regarding this VET Funding Contract (including details of the Funds being provided by the Department in respect of any individual) or any Confidential Information of the Department or the State, except: to the extent required under this VET Funding Contract; to the extent required by Law; to its solicitors, barristers and/or other professional advisors in order to obtain advice in relation to its rights under this VET Funding Contract, the Training Services or the Funds and provided such advisors are under a duty of confidentiality; to the extent necessary for the registration or recording of documents where required; and/or to the extent required in connection with legal proceedings, and then only to the extent strictly necessary for that purpose. The Training Provider acknowledges and agrees that: the Department may disclose or otherwise make available (whether to the public generally or to any particular person or group of persons) any and all information relating to the Training Provider and this VET Funding Contract (including Confidential Information of the Training Provider), including: course and qualification details; government subsidised fee information; details of the Funds paid; the contents of any surveys in which the Training Provider participates pursuant to Clause 4.5(j)(ii) or any employer surveys; any information that the Training Provider is required to publish on its website or otherwise make publicly available under this VET Funding Contract; details of any non-compliance by the Training Provider with this VET Funding Contract; any action taken by the Department under this VET Funding Contract; and findings and outcomes of any audits or reviews undertaken pursuant to this VET Funding Contract, as it considers reasonably appropriate to facilitate the proper operation of the Skills First Program, including as contemplated by Clause 12.3 of Schedule 1; the Department may disclose information referred to in paragraph (a), and any information regarding any suspected non-compliance by the Training Provider with this VET Funding Contract, for the purpose of satisfying its obligations under: the Freedom of Information Act 1982 (Vic); the Ombudsman Act 1973 (Vic); or the Audit Act 1994 (Vic); or the requirements of Parliamentary accountability or a Minister's obligations to fulfil their duties of office; and the Department may disclose information referred to in paragraph (a) or paragraph (b) to the counterparty to any Other VET Funding Arrangement, any regulator who has responsibility for issuing or monitoring compliance with the applicable registration referred to in Clause 4.1(a), or other government entity in any jurisdiction that has an interest in the regulation and funding of the VET sector. The Training Provider must take all steps and make all efforts to assist the Department in complying with any of the obligations referred to in Clause 13.2(b). The Training Provider acknowledges that it will be bound by the Information Privacy Principles and any applicable Code of Practice with respect to any act done or practice engaged in by the Training Provider under or in connection with this VET Funding Contract in the same way and to the same extent as the Department would have been bound had it been directly done or engaged in by the Department. The Training Provider must include a standard privacy notice in all enrolment forms, in accordance with the Victorian VET Student Statistical Collection Guidelines, which advises Eligible Individuals how their data may be supplied to and used by the Department and Commonwealth VET Student Loan agencies. The Training Provider must, in collecting any Personal Information for the purposes of this VET Funding Contract, ensure that it has obtained all necessary consents for: the Training Provider to collect, use, hold and disclose that Personal Information, including by disclosing it to the Department as contemplated by this VET Funding Contract (including by way of the submission of reports under Clause 12 of Schedule 1, for the purposes of complying with Record disclosure obligations under Clause 10 and in the course of any audit, review or investigation under Clause 11); and the Department to collect, use, hold and disclose that Personal Information for the purposes of this VET Funding Contract and its operation and management of the Skills First Program, in accordance with all applicable Laws, including the PDP Act, the Health Records Act and (if applicable to the Training Provider) the Privacy Act 1988 (Cth). The Training Provider must cooperate with, and provide any assistance requested by, the Department in relation to: resolving any complaint made to the Department alleging a breach of the PDP Act or the Health Records Act in relation to any Personal Information collected, used, held or disclosed by the Department that was provided to it by the Training Provider in connection with this VET Funding Contract; and providing access to or amendment of any record of Personal Information collected, used, held or disclosed in connection with this VET Funding Contract following a request from an individual made to the Department.

Confidentiality and Privacy. Confidentiality The Training Provider must not, without the prior written approval of the Department, disclose (or permit the disclosure of) information regarding this VET Funding Contract (including details of the Funds being provided by the Department in respect of paid for any individual) or any Confidential Information of the Department or the State, except: to the extent required under this VET Funding Contract; to the extent required by Law; to its solicitors, barristers and/or other professional advisors in order to obtain advice in relation to its rights under this VET Funding Contract, the Training Services or the Funds and provided such advisors are under a duty of confidentiality; to the extent necessary for the registration or recording of documents where required; and/or to the extent required in connection with legal proceedings, and then only to the extent strictly necessary for that purpose. The Training Provider acknowledges and agrees that: the Department may disclose or otherwise make available (whether to the public generally or to any particular person or group of persons) any and all information relating to the Training Provider and this VET Funding Contract (including Confidential Information of the Training Provider), as it considers reasonably appropriate to facilitate the proper operation of the Skills First Program including: course and qualification program details; government government-subsidised fee information; details of the Funds paid; the contents results of any surveys in which the Training Provider participates pursuant to in as required by Clause 4.5(j)(ii) 4.9(h)(ii), or the results of any student or employer surveyssurveys administered by, or on behalf of, the Department; any information that the Training Provider is required to publish on its website or otherwise make publicly available under this VET Funding Contract; details of any non-compliance by the Training Provider with this VET Funding Contract; any action taken by the Department under this VET Funding Contract; and findings and outcomes of any audits audits, reviews or reviews undertaken pursuant investigations under this Contract; and fee information related to this VET Funding Contract, as it considers reasonably appropriate to facilitate the proper operation of training subsidised through the Skills First ProgramProgram on an individual Training Provider basis, including as contemplated reported by Clause 12.3 of Schedule 1; the Training Provider. The Department may disclose information referred to in paragraph (a)Clause 12.2, and any information regarding any suspected non-compliance by the Training Provider with this VET Funding Contract, for the purpose of satisfying its obligations under: the Freedom of Information Act 1982 (Vic); the Ombudsman Act 1973 (Vic); or the Audit Act 1994 (Vic); or the requirements of Parliamentary accountability or a Minister's obligations to fulfil their duties of office; , and the Training Provider must take all steps and make all efforts to assist the Department in complying with any of these obligations. The Department may disclose information referred to in paragraph (a) or paragraph (b) Clauses 12.2 and 12.3 to the counterparty to any Other VET Funding Arrangement, any regulator who has responsibility for issuing or monitoring compliance with the applicable registration referred to in Clause 4.1(a)Training Provider’s status as a registered training organisation, or other to another government entity in any jurisdiction that has an interest in the regulation and funding of the VET sector. Privacy The Training Provider must take all steps and make all efforts to assist the Department in complying with any of the obligations referred to in Clause 13.2(b). The Training Provider acknowledges that it will be is bound by the Information Privacy Principles information privacy principles set out in the PDP Act, and any applicable Code code of Practice with respect to practice under it, for any act done or done, practice engaged in by the Training Provider it engages in, under or in connection with this VET Funding Contract in the same way and to the same extent as the Department would have been bound had it been directly done or engaged in by the Department. The Training Provider must include a standard privacy notice in all enrolment forms, in accordance with the Victorian VET Student Statistical Collection Guidelines, which advises Eligible Individuals how their data may be supplied to and used by the Department and Commonwealth VET Student Loan agencies. The Training Provider must, in In collecting any Personal Information for the purposes of this VET Funding Contract, the Training Provider must ensure that it has obtained all necessary consents consents, in accordance with all applicable Laws, including the PDP Act, the Health Records Act and (if applicable) the Privacy Act 1988 (Cth), for: the Training Provider to collect, use, hold and disclose that Personal Information, including by disclosing it to the Department as contemplated by this VET Funding Contract (including by way of the submission of reports and other information under Clause 12 7 and Clauses 10 and 11 of Schedule 1, for the purposes of complying with Record disclosure obligations under Clause 10 and in the course of any audit, review or investigation under Clause 11); and the Department to collect, use, hold and disclose that Personal Information for the purposes of this VET Funding Contract and its operation and management of the Skills First Program, in accordance with all applicable Laws, including the PDP Act, the Health Records Act and (if applicable to the Training Provider) the Privacy Act 1988 (Cth). The Training Provider must cooperate with, and provide any assistance requested by, the Department in relation to: resolving any complaint made to the Department alleging a breach of the PDP Act or the Health Records Act in relation to about any Personal Information collected, used, held or disclosed by the Department that was provided to it by the Training Provider in connection with this VET Funding Contract; and providing access to or amendment of any record of Personal Information collected, used, held or disclosed in connection with this VET Funding Contract following a request from an individual made to the Department. If the Training Provider becomes aware of any: breach of any of Clauses 12.5 to 12.7; unauthorised disclosure, use, modification or access, attempted unauthorised disclosure, use, modification or access, or misuse or loss of any Personal Information collected or held for the purposes of this Contract; or act or practice of the Training Provider which causes a failure by the Department to comply with its obligations under the PDP Act or the Health Records Act, it must notify the Department via the SVTS and cooperate with the Department in any investigation or other steps taken by the Department in response to that matter.

Confidentiality and Privacy. The Training Provider must not, without the prior written approval of the Department, disclose (or permit the disclosure of) information regarding this VET Funding Contract (including details of the Funds being provided by the Department in respect of any individual) or any Confidential Information of the Department or the State, except: to the extent required under this VET Funding Contract; to the extent required by Law; to its solicitors, barristers and/or other professional advisors in order to obtain advice in relation to its rights under this VET Funding Contract, the Training Services or the Funds and provided such advisors are under a duty of confidentiality; to the extent necessary for the registration or recording of documents where required; and/or to the extent required in connection with legal proceedings, and then only to the extent strictly necessary for that purpose. The Training Provider acknowledges and agrees that: the Department may disclose or otherwise make available (whether to the public generally or to any particular person or group of persons) any and all information relating to the Training Provider and this VET Funding Contract (including Confidential Information of the Training Provider), including: course and qualification details; government subsidised fee information; details of the Funds paid; the contents of any surveys in which the Training Provider participates pursuant to Clause 4.5(j)(ii4.5(j) or any employer surveys; any information that the Training Provider is required to publish on its website or otherwise make publicly available under this VET Funding Contract; details of any non-compliance by the Training Provider with this VET Funding Contract; any action taken by the Department under this VET Funding Contract; and findings and outcomes of any audits or reviews undertaken pursuant to this VET Funding Contract, as it considers reasonably appropriate to facilitate the proper operation of the Skills First Program, including as contemplated by Clause 12.3 of Schedule 1; the Department may disclose information referred to in paragraph (a), and any information regarding any suspected non-compliance by the Training Provider with this VET Funding Contract, for the purpose of satisfying its obligations under: the Freedom of Information Act 1982 (Vic); the Ombudsman Act 1973 (Vic); or the Audit Act 1994 (Vic); or the requirements of Parliamentary accountability or a Minister's obligations to fulfil their duties of office; and the Department may disclose information referred to in paragraph (a) or paragraph (b) to the counterparty to any Other VET Funding Arrangement, any regulator who has responsibility for issuing or monitoring compliance with the applicable registration referred to in Clause 4.1(a), or other government entity in any jurisdiction that has an interest in the regulation and funding of the VET sector. The Training Provider must take all steps and make all efforts to assist the Department in complying with any of the obligations referred to in Clause 13.2(b). The Training Provider acknowledges that it will be bound by the Information Privacy Principles and any applicable Code of Practice with respect to any act done or practice engaged in by the Training Provider under or in connection with this VET Funding Contract in the same way and to the same extent as the Department would have been bound had it been directly done or engaged in by the Department. The Training Provider must include a standard privacy notice in all enrolment forms, in accordance with the Victorian VET Student Statistical Collection Guidelines, which advises Eligible Individuals students how their data may be supplied to and used by the Department and Commonwealth VET Student Loan Fee-Help agencies. The Training Provider must, in collecting any Personal Information for the purposes of this VET Funding Contract, ensure that it has obtained all necessary consents for: the Training Provider to collect, use, hold and disclose that Personal Information, including by disclosing it to the Department as contemplated by this VET Funding Contract (including by way of the submission of reports under Clause 12 of Schedule 1, for the purposes of complying with Record disclosure obligations under Clause 10 and in the course of any audit, review or investigation under Clause 11); and the Department to collect, use, hold and disclose that Personal Information for the purposes of this VET Funding Contract and its operation and management of the Skills First Program, in accordance with all applicable Laws, including the PDP Act, the Health Records Act and (if applicable to the Training Provider) the Privacy Act 1988 (Cth). The Training Provider must cooperate with, and provide any assistance requested by, the Department in relation to: resolving any complaint made to the Department alleging a breach of the PDP Act or the Health Records Act in relation to any Personal Information collected, used, held or disclosed by the Department that was provided to it by the Training Provider in connection with this VET Funding Contract; and providing access to or amendment of any record of Personal Information collected, used, held or disclosed in connection with this VET Funding Contract following a request from an individual made to the Department.

Confidentiality and Privacy. The Training Provider RTO must not, without the prior written approval of the Department, disclose (or permit the disclosure of) information regarding this VET Funding Contract (including details of the Funds being provided by the Department in respect of any individualEligible Individual) or any Confidential Information of the Department, the Department or the State, except: to the extent required under this VET Funding Contract; to the extent required by Law; to the extent that the information is already in the public domain (other than due to a breach of this VET Funding Contract); to its solicitors, barristers and/or other professional advisors in order to obtain advice in relation to its rights under this VET Funding Contract, the Training Services or the Funds and provided such advisors are under a duty of confidentiality; to the extent necessary for the registration or recording of documents where required; and/or to the extent required in connection with legal proceedings, ; and then only to the extent strictly necessary for that purpose. The Training Provider RTO acknowledges and agrees that: the Department at its discretion may disclose or otherwise make available (whether to the public generally or to any particular person or group of persons) any and all information relating to the Training Provider RTO and this VET Funding Contract (including Confidential Information of the Training Provider), including: course and qualification details; , government subsidised fee information; , details of the Funds paid; the contents of any surveys in which the Training Provider participates pursuant to Clause 4.5(j)(ii) or any employer surveys; any information that the Training Provider is required to publish on its website or otherwise make publicly available under this VET Funding Contract; , details of any non-compliance by the Training Provider RTO with this VET Funding Contract; , any action taken by the Department under this VET Funding Contract; , and findings and outcomes of any audits or reviews undertaken pursuant to this VET Funding Contract, as it considers reasonably appropriate to facilitate the proper operation of the Skills First Program, including as contemplated by Clause 12.3 of Schedule 1; the Department may disclose information make a disclosure referred to in paragraph (a), and any information regarding any suspected non-compliance by the Training Provider with RTO, to the MMU; disclosure by the Department of information regarding this VET Funding ContractContract (including details of the Funds paid) or any Confidential Information of the RTO may be required in certain circumstances; and it consents to such disclosure and, for if required, will use all reasonable endeavours to assist the purpose Department in meeting any of satisfying its disclosure obligations underincluding, without limitation: in connection with permitted re-tendering or any benchmarking or market testing; under the Freedom of Information Act 1982 (Vic)1982; under the Ombudsman Act 1973 (Vic)1973; or to satisfy the disclosure requirements of the Victorian Auditor-General under the Audit Act 1994 (Vic); or the requirements of Parliamentary accountability or in the case of a Minister's obligations Minister to fulfil their duties of office; and . For the Department avoidance of doubt, a disclosure under Clause 12.2 may disclose information referred be to in paragraph (a) or paragraph (b) to an entity that is the counterparty to any Other VET Funding Arrangement, any regulator who has responsibility for issuing or monitoring compliance with the applicable registration referred to in Clause 4.1(a), or other government entity in any jurisdiction that has an interest in the regulation and funding equivalent of the VET sector. The Training Provider must take all steps and make all efforts to assist the Department in complying with another State or Territory, to any of relevant government department; to the obligations referred Department, or to in Clause 13.2(b)a regulator. The Training Provider RTO acknowledges that it will be bound by the Information Privacy Principles and any applicable Code of Practice with respect to any act done or practice engaged in by the Training Provider RTO under or in connection with this VET Funding Contract in the same way and to the same extent as the Department would have been bound had it been directly done or engaged in by the Department. The Training Provider RTO must include a standard privacy notice in all enrolment forms, in accordance with the Victorian VET Student Statistical Collection Guidelines, Guidelines which advises Eligible Individuals students how their data may be supplied to and used by the Department and Commonwealth VET Student Loan Fee-Help agencies. The Training Provider must, in collecting any Personal Information for the purposes of this VET Funding Contract, ensure that it has obtained all necessary consents for: the Training Provider to collect, use, hold and disclose that Personal Information, including by disclosing it to the Department as contemplated by this VET Funding Contract (including by way of the submission of reports under Clause 12 of Schedule 1, for the purposes of complying with Record disclosure obligations under Clause 10 and in the course of any audit, review or investigation under Clause 11); and the Department to collect, use, hold and disclose that Personal Information for the purposes of this VET Funding Contract and its operation and management of the Skills First Program, in accordance with all applicable Laws, including the PDP Act, the Health Records Act and (if applicable to the Training Provider) the Privacy Act 1988 (Cth). The Training Provider must cooperate with, and provide any assistance requested by, the Department in relation to: resolving any complaint made to the Department alleging a breach of the PDP Act or the Health Records Act in relation to any Personal Information collected, used, held or disclosed by the Department that was provided to it by the Training Provider in connection with this VET Funding Contract; and providing access to or amendment of any record of Personal Information collected, used, held or disclosed in connection with this VET Funding Contract following a request from an individual made to the Department.

Confidentiality and Privacy. The Training Provider must not, without the prior written approval of the Department, disclose (or permit the disclosure of) information regarding this VET Funding Contract (including details of the Funds being provided by the Department in respect of any individual) or any Confidential Information of the Department or the State, except: to the extent required under this VET Funding Contract; to the extent required by Law; to its solicitors, barristers and/or other professional advisors in order to obtain advice in relation to its rights under this VET Funding Contract, the Training Services or the Funds and provided such advisors are under a duty of confidentiality; to the extent necessary for the registration or recording of documents where required; and/or to the extent required in connection with legal proceedings, and then only to the extent strictly necessary for that purpose. The Training Provider acknowledges and agrees that: the Department may disclose or otherwise make available (whether to the public generally or to any particular person or group of persons) any and all information relating to the Training Provider and this VET Funding Contract (including Confidential Information of the Training Provider), including: course and qualification details; government subsidised fee information; details of the Funds paid; the contents results of any surveys in which the Training Provider participates pursuant to Clause 4.5(j)(ii) ), or the results of any student or employer surveyssurveys administered by, or on behalf of, the Department; any information that the Training Provider is required to publish on its website or otherwise make publicly available under this VET Funding Contract; details of any non-compliance by the Training Provider with this VET Funding Contract; any action taken by the Department under this VET Funding Contract; and findings and outcomes of any audits or reviews undertaken pursuant to this VET Funding Contract, as it considers reasonably appropriate to facilitate the proper operation of the Skills First Program, including as contemplated by Clause 12.3 of Schedule 1; the Department may disclose information referred to in paragraph (a), and any information regarding any suspected non-compliance by the Training Provider with this VET Funding Contract, for the purpose of satisfying its obligations under: the Freedom of Information Act 1982 (Vic); the Ombudsman Act 1973 (Vic); or the Audit Act 1994 (Vic); or the requirements of Parliamentary accountability or a Minister's obligations to fulfil their duties of office; and the Department may disclose information referred to in paragraph (a) or paragraph (b) to the counterparty to any Other VET Funding Arrangement, any regulator who has responsibility for issuing or monitoring compliance with the applicable registration referred to in Clause 4.1(a), or other government entity in any jurisdiction that has an interest in the regulation and funding of the VET sector. The Training Provider must take all steps and make all efforts to assist the Department in complying with any of the obligations referred to in Clause 13.2(b). The Training Provider acknowledges that it will be bound by the Information Privacy Principles and any applicable Code of Practice with respect to any act done or practice engaged in by the Training Provider under or in connection with this VET Funding Contract in the same way and to the same extent as the Department would have been bound had it been directly done or engaged in by the Department. The Training Provider must include a standard privacy notice in all enrolment forms, in accordance with the Victorian VET Student Statistical Collection Guidelines, which advises Eligible Individuals how their data may be supplied to and used by the Department and Commonwealth VET Student Loan agencies. The Training Provider must, in collecting any Personal Information for the purposes of this VET Funding Contract, ensure that it has obtained all necessary consents for: the Training Provider to collect, use, hold and disclose that Personal Information, including by disclosing it to the Department as contemplated by this VET Funding Contract (including by way of the submission of reports under Clause 12 of Schedule 1, for the purposes of complying with Record disclosure obligations under Clause 10 and in the course of any audit, review or investigation under Clause 11); and the Department to collect, use, hold and disclose that Personal Information for the purposes of this VET Funding Contract and its operation and management of the Skills First Program, in accordance with all applicable Laws, including the PDP Act, the Health Records Act and (if applicable to the Training Provider) the Privacy Act 1988 (Cth). The Training Provider must cooperate with, and provide any assistance requested by, the Department in relation to: resolving any complaint made to the Department alleging a breach of the PDP Act or the Health Records Act in relation to any Personal Information collected, used, held or disclosed by the Department that was provided to it by the Training Provider in connection with this VET Funding Contract; and providing access to or amendment of any record of Personal Information collected, used, held or disclosed in connection with this VET Funding Contract following a request from an individual made to the Department.

Confidentiality and Privacy. The Training Provider RTO must not, without the prior written approval of the Department, disclose (or permit the disclosure of) information regarding this VET Funding Contract (including details of the Funds being provided by the Department in respect of any individualEligible Individual) or any Confidential Information of the Department, the Department or the State, except: to the extent required under this VET Funding Contract; to the extent required by Law; to the extent that the information is already in the public domain (other than due to a breach of this VET Funding Contract); to its solicitors, barristers and/or other professional advisors in order to obtain advice in relation to its rights under this VET Funding Contract, the Training Services or the Funds and provided such advisors are under a duty of confidentiality; to the extent necessary for the registration or recording of documents where required; and/or to the extent required in connection with legal proceedings, ; and then only to the extent strictly necessary for that purpose. The Training Provider RTO acknowledges and agrees that: the Department at its discretion may disclose or otherwise make available (whether to the public generally or to any particular person or group of persons) any and all information relating to the Training Provider RTO and this VET Funding Contract (including Confidential Information of the Training Provider), including: course and qualification details; , government subsidised fee information; , details of the Funds paid; the contents of any surveys in which the Training Provider participates pursuant to Clause 4.5(j)(ii) or any employer surveys; any information that the Training Provider is required to publish on its website or otherwise make publicly available under this VET Funding Contract; , details of any non-compliance by the Training Provider RTO with this VET Funding Contract; , any action taken by the Department under this VET Funding Contract; , and findings and outcomes of any audits or reviews undertaken pursuant to this VET Funding Contract, as it considers reasonably appropriate to facilitate the proper operation of the Skills First Program, including as contemplated by Clause 12.3 of Schedule 1; the Department may disclose information make a disclosure referred to in paragraph (a), and any information regarding any suspected non-compliance by the Training Provider with RTO, to the MMU; disclosure by the Department of information regarding this VET Funding ContractContract (including details of the Funds paid) or any Confidential Information of the RTO may be required in certain circumstances; and it consents to such disclosure and, for if required, will use all reasonable endeavours to assist the purpose Department in meeting any of satisfying its disclosure obligations underincluding, without limitation: in connection with permitted re-tendering or any benchmarking or market testing; under the Freedom of Information Act 1982 (Vic)1982; under the Ombudsman Act 1973 (Vic)1973; or to satisfy the disclosure requirements of the Victorian Auditor-General under the Audit Act 1994 (Vic); or the requirements of Parliamentary accountability or in the case of a Minister's obligations Minister to fulfil their duties of office; and . For the Department avoidance of doubt, a disclosure under Clause 12.2 may disclose information referred be to in paragraph (a) or paragraph (b) to an entity including, but not limited to, the counterparty to any Other VET Funding Arrangement, any regulator who has responsibility for issuing or monitoring compliance with following entities: the applicable registration referred to in Clause 4.1(a), or other government entity in any jurisdiction that has an interest in the regulation and funding equivalent of the VET sector. The Training Provider must take all steps and make all efforts to assist the Department in complying with another State or Territory; any of relevant government department; the obligations referred to in Clause 13.2(b)Department; or a regulator. The Training Provider RTO acknowledges that it will be bound by the Information Privacy Principles and any applicable Code of Practice with respect to any act done or practice engaged in by the Training Provider RTO under or in connection with this VET Funding Contract in the same way and to the same extent as the Department would have been bound had it been directly done or engaged in by the Department. The Training Provider RTO must include a standard privacy notice in all enrolment forms, in accordance with the Victorian VET Student Statistical Collection Guidelines, which advises Eligible Individuals students how their data may be supplied to and used by the Department and Commonwealth VET Student Loan Fee-Help agencies. The Training Provider must, in collecting any Personal Information for the purposes of this VET Funding Contract, ensure that it has obtained all necessary consents for: the Training Provider to collect, use, hold and disclose that Personal Information, including by disclosing it to the Department as contemplated by this VET Funding Contract (including by way of the submission of reports under Clause 12 of Schedule 1, for the purposes of complying with Record disclosure obligations under Clause 10 and in the course of any audit, review or investigation under Clause 11); and the Department to collect, use, hold and disclose that Personal Information for the purposes of this VET Funding Contract and its operation and management of the Skills First Program, in accordance with all applicable Laws, including the PDP Act, the Health Records Act and (if applicable to the Training Provider) the Privacy Act 1988 (Cth). The Training Provider must cooperate with, and provide any assistance requested by, the Department in relation to: resolving any complaint made to the Department alleging a breach of the PDP Act or the Health Records Act in relation to any Personal Information collected, used, held or disclosed by the Department that was provided to it by the Training Provider in connection with this VET Funding Contract; and providing access to or amendment of any record of Personal Information collected, used, held or disclosed in connection with this VET Funding Contract following a request from an individual made to the Department.

Confidentiality and Privacy. The Training Provider RTO must not, without the prior written approval of the DepartmentCommission, disclose (or permit the disclosure of) information regarding this VET Funding Contract Agreement (including details of the Funds being provided by the Department Commission in respect of any individualEligible Individual) or any Confidential Information of the Commission, the Department or the State, except: to the extent required under this VET Funding ContractAgreement; to the extent required by Law; to the extent that the information is already in the public domain (other than due to a breach of this Agreement); to its solicitors, barristers and/or and / or other professional advisors in order to obtain advice in relation to its rights under this VET Funding ContractAgreement, the Training Services or the Funds and provided such advisors are under a duty of confidentiality; to the extent necessary for the registration or recording of documents where required; and/or and / or to the extent required in connection with legal proceedings, ; and then only to the extent strictly necessary for that purpose. The Training Provider RTO acknowledges and agrees that: the Department Commission at its discretion may disclose or otherwise make available (whether to the public generally or to any particular person or group of persons) any and all information relating to the Training Provider RTO and this VET Funding Contract (Agreement including Confidential Information of the Training Provider), including: course and qualification details; , government subsidised fee information; , details of the Funds paid; the contents of any surveys in which the Training Provider participates pursuant to Clause 4.5(j)(ii) or any employer surveys; any information that the Training Provider is required to publish on its website or otherwise make publicly available under this VET Funding Contract; , details of any non-compliance by the Training Provider RTO with this VET Funding Contract; Agreement, any action taken by the Department Commission under this VET Funding Contract; Agreement, and findings and outcomes of any audits or reviews undertaken pursuant to this VET Funding Contract, as it considers reasonably appropriate to facilitate the proper operation of the Skills First Program, including as contemplated by Clause 12.3 of Schedule 1Agreement; the Department Commission may disclose information make a disclosure referred to in paragraph (a), and any information regarding any suspected non-compliance by the Training Provider RTO, to the MMU; disclosure by the Commission of information regarding this Agreement (including details of the Funds paid) or any Confidential Information of the RTO may be required in certain circumstances; and it consents to such disclosure and, if required, will use all reasonable endeavours to assist the Commission in meeting any of its disclosure obligations including, without limitation: in connection with this VET Funding Contract, for the purpose of satisfying its obligations under: permitted re-tendering or any benchmarking or market testing; under the Freedom of Information Act 1982 (Vic)1982; under the Ombudsman Act 1973 (Vic)1973; or to satisfy the disclosure requirements of the Victorian Auditor-General under the Audit Act 1994 (Vic); or the requirements of Parliamentary accountability or in the case of a Minister's obligations Minister to fulfil their duties of office. For the avoidance of doubt, a disclosure under Clause 13.2 may be to an entity that is the equivalent of the Commission in another State or Territory, to any relevant government department; and the Department may disclose information referred to in paragraph (a) or paragraph (b) to the counterparty to any Other VET Funding Arrangement, any regulator who has responsibility for issuing or monitoring compliance with the applicable registration referred to in Clause 4.1(a)Department, or other government entity in any jurisdiction that has an interest in the regulation and funding of the VET sectorto a regulator. The Training Provider must take all steps and make all efforts to assist the Department in complying with any of the obligations referred to in Clause 13.2(b). The Training Provider RTO acknowledges that it will be bound by the Information Privacy Principles and any applicable Code of Practice with respect to any act done or practice engaged in by the Training Provider RTO under or in connection with this VET Funding Contract Agreement in the same way and to the same extent as the Department Commission would have been bound had it been directly done or engaged in by the DepartmentCommission. The Training Provider RTO must include a standard privacy notice in all enrolment forms, in accordance with the Victorian VET Student Statistical Collection Guidelines, Guidelines which advises Eligible Individuals students how their data may be supplied to and used by the Department Commission and Commonwealth VET Student Loan Fee-Help agencies. The Training Provider must, in collecting any Personal Information for This Clause 13 survives the purposes expiry or termination of this VET Funding ContractAgreement. LIABILITY, ensure that it has obtained all necessary consents forINDEMNITY AND INSURANCE The RTO acknowledges that: the Training Provider to collectState, useits servants and agents are not responsible at any time for any liabilities incurred or entered into by the RTO as a result of, hold or arising from, the RTO's rights and disclose that Personal Information, including by disclosing it to the Department as contemplated by this VET Funding Contract (including by way of the submission of reports under Clause 12 of Schedule 1, for the purposes of complying with Record disclosure obligations under Clause 10 and in the course of any audit, review this Agreement or investigation under Clause 11); and the Department to collect, use, hold and disclose that Personal Information for the purposes of this VET Funding Contract and its operation and management of the Skills First Program, in accordance with all applicable Laws, including the PDP Act, the Health Records Act and (if applicable to the Training Provider) the Privacy Act 1988 (Cth). The Training Provider must cooperate with, and provide any assistance requested by, the Department in relation to: resolving any complaint made to the Department alleging a breach of the PDP Act or the Health Records Act in relation to any Personal Information collected, used, held or disclosed by the Department that was provided to it by provision of the Training Provider Services to Eligible Individuals; and it is the RTO's responsibility to carry out its obligations under this Agreement, receive Funds and to provide the Training Services to Eligible Individuals at its own risk. The RTO indemnifies (and must keep indemnified) the Commission, the State and its employees, servants and agents (referred to in this Xxxxxx as 'those indemnified') against all Losses sustained or incurred by those indemnified and arising out of or relating to any death or injury to a person, damage to property or other loss caused (or to the extent contributed) by any act or omission of the RTO, its employees, servants, subcontractors or agents in connection with this VET Funding ContractAgreement or the Training Services. The RTO’s liability to indemnify those indemnified under Clause 14.2 will be reduced proportionally to the extent that any negligent, reckless, wilful or unlawful act or omission on the part of those indemnified directly caused the relevant Loss. The RTO must, at its own expense: take out and maintain until 7 years after expiry of the Term all appropriate insurances at an adequate level to cover the provision of the Training Services to Eligible Individuals and any risk, loss or damage arising out of or caused by the performance of those Training Services, including insurance for workers compensation, public liability, professional liability, professional indemnity and property; ensure that the insurances are taken out and maintained with reputable insurers; comply with all relevant insurance requirements, including conducting and improving relevant risk management practices and incident notification processes; provide copies of insurance certificates of currency, including details of limits on cover, to the Commission upon request; and providing access promptly notify the Commission if any insurance is cancelled, or any insurance details change. This Clause 14 continues despite any expiry or termination of the Agreement. NOTICES AND REPRESENTATIVES A notice issued under this Agreement by a Party (Notice) must: be in writing; signed by or on behalf of the Party giving it; and be hand delivered or sent by pre paid post (airmail if posted to or amendment of any record of Personal Information collected, used, held or disclosed in connection with this VET Funding Contract following from a request from an individual made place outside Australia) to the recipient's address for Notices specified on offer and acceptance documentation relating to this Agreement (as varied by any notice given by the recipient to the sender). A Notice takes effect from the time it is received, unless a later time is specified in it. A Notice will be deemed to have been received by the addressee: in the case of hand delivery, at the time of delivery; or in the case of pre paid post, on the second Business Day (or seventh Business Day if posted to or from a place outside Australia) after posting; The authorised representative of each Party who will be responsible for issuing and receiving Notices under this Agreement are as follows: the Commission’s representative is the Executive Director or the Deputy Secretary, the Department; and the RTO’s representative is the CEO. This Clause 15 continues despite any expiry or termination of the Agreement.

Confidentiality and Privacy. Confidentiality The Training Provider must not, without the prior written approval of the Department, disclose (or permit the disclosure of) information regarding this VET Funding Contract (including details of the Funds being provided by the Department in respect of paid for any individual) or any Confidential Information of the Department or the State, except: to the extent required under this VET Funding Contract; to the extent required by Law; to its solicitors, barristers and/or other professional advisors in order to obtain advice in relation to its rights under this VET Funding Contract, the Training Services or the Funds and provided such advisors are under a duty of confidentiality; to the extent necessary for the registration or recording of documents where required; and/or to the extent required in connection with legal proceedings, and then only to the extent strictly necessary for that purpose. The Training Provider acknowledges and agrees that: the Department may disclose or otherwise make available (whether to the public generally or to any particular person or group of persons) any and all information relating to the Training Provider and this VET Funding Contract (including Confidential Information of the Training Provider), as it considers reasonably appropriate to facilitate the proper operation of the Skills First Program including: course and qualification program details; government government-subsidised fee information; details of the Funds paid; the contents results of any surveys in which the Training Provider participates pursuant to in as required by Clause 4.5(j)(ii) 4.9(h)(ii), or the results of any student or employer surveyssurveys administered by, or on behalf of, the Department; any information that the Training Provider is required to publish on its website or otherwise make publicly available under this VET Funding Contract; details of any non-compliance by the Training Provider with this VET Funding Contract; any action taken by the Department under this VET Funding Contract; and findings and outcomes of any audits audits, reviews or reviews undertaken pursuant investigations under this Contract; and fee information related to this VET Funding Contract, as it considers reasonably appropriate to facilitate the proper operation of training subsidised through the Skills First ProgramProgram on an individual Training Provider basis, including as contemplated reported by Clause 12.3 of Schedule 1; the Training Provider. The Department may disclose information referred to in paragraph (a)Clause 12.2, and any information regarding any suspected non-compliance by the Training Provider with this VET Funding Contract, for the purpose of satisfying its obligations under: the Freedom of Information Act 1982 Xxx 0000 (Vic); the Ombudsman Act 1973 Xxxxxxxxx Xxx 0000 (Vic); or the Audit Act 1994 Xxx 0000 (Vic); or the requirements of Parliamentary accountability or a Minister's obligations to fulfil their duties of office; , and the Training Provider must take all steps and make all efforts to assist the Department in complying with any of these obligations. The Department may disclose information referred to in paragraph (a) or paragraph (b) Clauses 12.2 and 12.3 to the counterparty to any Other VET Funding Arrangement, any regulator who has responsibility for issuing or monitoring compliance with the applicable registration referred to in Clause 4.1(a)Training Provider’s status as a registered training organisation, or other to another government entity in any jurisdiction that has an interest in the regulation and funding of the VET sector. Privacy The Training Provider must take all steps and make all efforts to assist the Department in complying with any of the obligations referred to in Clause 13.2(b). The Training Provider acknowledges that it will be is bound by the Information Privacy Principles information privacy principles set out in the PDP Act, and any applicable Code code of Practice with respect to practice under it, for any act done or done, practice engaged in by the Training Provider it engages in, under or in connection with this VET Funding Contract in the same way and to the same extent as the Department would have been bound had it been directly done or engaged in by the Department. The Training Provider must include a standard privacy notice in all enrolment forms, in accordance with the Victorian VET Student Statistical Collection Guidelines, which advises Eligible Individuals how their data may be supplied to and used by the Department and Commonwealth VET Student Loan agencies. The Training Provider must, in In collecting any Personal Information for the purposes of this VET Funding Contract, the Training Provider must ensure that it has obtained all necessary consents consents, in accordance with all applicable Laws, including the PDP Act, the Health Records Act and (if applicable) the Privacy Xxx 0000 (Cth), for: the Training Provider to collect, use, hold and disclose that Personal Information, including by disclosing it to the Department as contemplated by this VET Funding Contract (including by way of the submission of reports and other information under Clause 12 7 and Clauses 10 and 11 of Schedule 1, for the purposes of complying with Record disclosure obligations under Clause 10 and in the course of any audit, review or investigation under Clause 11); and the Department to collect, use, hold and disclose that Personal Information for the purposes of this VET Funding Contract and its operation and management of the Skills First Program, in accordance with all applicable Laws, including the PDP Act, the Health Records Act and (if applicable to the Training Provider) the Privacy Act 1988 (Cth). The Training Provider must cooperate with, and provide any assistance requested by, the Department in relation to: resolving any complaint made to the Department alleging a breach of the PDP Act or the Health Records Act in relation to about any Personal Information collected, used, held or disclosed by the Department that was provided to it by the Training Provider in connection with this VET Funding Contract; and providing access to or amendment of any record of Personal Information collected, used, held or disclosed in connection with this VET Funding Contract following a request from an individual made to the Department. If the Training Provider becomes aware of any: breach of any of Clauses 12.5 to 12.7; unauthorised disclosure, use, modification or access, attempted unauthorised disclosure, use, modification or access, or misuse or loss of any Personal Information collected or held for the purposes of this Contract; or act or practice of the Training Provider which causes a failure by the Department to comply with its obligations under the PDP Act or the Health Records Act, it must notify the Department via the SVTS and cooperate with the Department in any investigation or other steps taken by the Department in response to that matter.

Confidentiality and Privacy. The Training Provider Confidentiality You must not, without the our prior written approval of the Departmentapproval, disclose (or permit the disclosure of) information regarding this VET Funding Contract (including details of the Funds being provided by the Department in respect of paid for any individual) or any of our Confidential Information of the Department or the StateInformation, except: to the extent required under this VET Funding Contract; to the extent required by Law; to its your solicitors, barristers and/or other professional advisors in order to obtain advice in relation to its your rights under this VET Funding Contract, the Training Services or the Funds and provided such advisors are under a duty of confidentiality; to the extent necessary for the registration or recording of documents where required; and/or to the extent required in connection with legal proceedings, and then only to the extent strictly necessary for that purpose. The Training Provider acknowledges and agrees that: the Department We may disclose or otherwise make available (whether to the public generally or to any particular person or group of persons) any and all information relating to the Training Provider you and this VET Funding Contract (including your Confidential Information Information), as we consider reasonably appropriate to facilitate the proper operation of the Training Provider), Skills First Program including: course and qualification program details; government government-subsidised fee information; details of the Funds paid; the contents results of any NCVER surveys in which or the Training Provider participates pursuant to Clause 4.5(j)(ii) results of any student or any employer surveyssurveys administered by us, or on our behalf; any information that the Training Provider is you are required to publish on its your website or otherwise make publicly available under this VET Funding Contract; details of any non-compliance by the Training Provider you with this VET Funding Contract; any action taken by the Department us under this VET Funding Contract; and findings and outcomes of any audits audits, reviews or reviews undertaken pursuant investigations under this Contract; and fee information you report related to this VET Funding Contract, as it considers reasonably appropriate to facilitate the proper operation of training subsidised through the Skills First Program, including as contemplated by Clause 12.3 of Schedule 1; the Department . We may disclose information referred to in paragraph (a)Clause 12.2, and any information regarding any suspected non-compliance by the Training Provider you with this VET Funding Contract, for the purpose of satisfying its our obligations under: the Freedom of Information Act 1982 (Vic); the Ombudsman Act 1973 (Vic); or the Audit Act 1994 (Vic); or the requirements of Parliamentary accountability or a Minister's obligations to fulfil their duties of office; , and the Department you must take all steps and make all efforts to assist us in complying with any of these obligations. We may disclose information referred to in paragraph (a) or paragraph (b) Clauses 12.2 and 12.3 to the counterparty to any Other VET Funding Arrangement, any regulator who has responsibility for issuing or monitoring compliance with the applicable registration referred to in Clause 4.1(a)your status as a registered training organisation, or other to another government entity in any jurisdiction that has an interest in the regulation and funding of the VET sector. The Training Provider must take all steps and make all efforts to assist the Department in complying with any of the obligations referred to in Clause 13.2(b). The Training Provider acknowledges that it will be Privacy You are bound by the Information Privacy Principles information privacy principles set out in the PDP Act, and any applicable Code code of Practice with respect to practice under it, for any act done or practice engaged in by the Training Provider you engage in, under or in connection with this VET Funding Contract in the same way and to the same extent as the Department we would have been bound had it been we directly done that act or engaged in by the Departmentthat practice. The Training Provider must include a standard privacy notice in all enrolment forms, in accordance with the Victorian VET Student Statistical Collection Guidelines, which advises Eligible Individuals how their data may be supplied to and used by the Department and Commonwealth VET Student Loan agencies. The Training Provider must, in In collecting any Personal Information for the purposes of this VET Funding Contract, you must ensure that it has you have obtained all necessary consents consents, in accordance with all applicable Laws, including the PDP Act, the Health Records Act and (if applicable) the Privacy Act 1988 (Cth), for: the Training Provider you to collect, use, hold and disclose that Personal Information, including by disclosing it to the Department us as contemplated by this VET Funding Contract (including by way of the submission of reports and other information under Clause 12 7 and Clauses 10 and 11 of Schedule 1, for the purposes of complying with Record disclosure obligations under Clause 10 and in the course of any audit, review or investigation under Clause 11); and the Department us to collect, use, hold and disclose that Personal Information for the purposes of this VET Funding Contract and its our operation and management of the Skills First Program, in accordance with all applicable Laws, including the PDP Act, the Health Records Act and (if applicable to the Training Provider) the Privacy Act 1988 (Cth). The Training Provider You must cooperate withwith us, and provide any assistance requested bywe request, the Department in relation to: resolving any complaint made to the Department we receive alleging a breach of the PDP Act or the Health Records Act in relation to about any Personal Information collected, used, held or disclosed by the Department us that was you provided to it by the Training Provider us in connection with this VET Funding Contract; and providing access to or amendment of any record of Personal Information collected, used, held or disclosed in connection with this VET Funding Contract following a request we receive from an individual made individual. If you become aware of any: breach of any of Clauses 12.5 to 12.7; unauthorised disclosure, use, modification or access, attempted unauthorised disclosure, use, modification or access, or misuse or loss of any Personal Information collected or held for the Departmentpurposes of this Contract; or act or practice of yours which causes us to fail to comply with our obligations under the PDP Act or the Health Records Act, you must notify us via the SVTS and cooperate with us in any investigation or other steps we take in response to that matter.

Confidentiality and Privacy. The Training Provider RTO must not, without the prior written approval of the Department, disclose (or permit the disclosure of) information regarding this VET Funding Contract (including details of the Funds being provided by the Department in respect of any individualEligible Individual) or any Confidential Information of the Department, the Department or the State, except: to the extent required under this VET Funding Contract; to the extent required by Law; to the extent that the information is already in the public domain (other than due to a breach of this VET Funding Contract); to its solicitors, barristers and/or other professional advisors in order to obtain advice in relation to its rights under this VET Funding Contract, the Training Services or the Funds and provided such advisors are under a duty of confidentiality; to the extent necessary for the registration or recording of documents where required; and/or to the extent required in connection with legal proceedings, ; and then only to the extent strictly necessary for that purpose. The Training Provider RTO acknowledges and agrees that: the Department at its discretion may disclose or otherwise make available (whether to the public generally or to any particular person or group of persons) any and all information relating to the Training Provider RTO and this VET Funding Contract (including Confidential Information of the Training Provider), including: course and qualification details; , government subsidised fee information; , details of the Funds paid; the contents of any surveys in which the Training Provider participates pursuant to Clause 4.5(j)(ii) or any employer surveys; any information that the Training Provider is required to publish on its website or otherwise make publicly available under this VET Funding Contract; , details of any non-compliance by the Training Provider RTO with this VET Funding Contract; , any action taken by the Department under this VET Funding Contract; , and findings and outcomes of any audits or reviews undertaken pursuant to this VET Funding Contract, as it considers reasonably appropriate to facilitate the proper operation of the Skills First Program, including as contemplated by Clause 12.3 of Schedule 1; the Department may disclose information make a disclosure referred to in paragraph (a), and any information regarding any suspected non-compliance by the Training Provider with RTO, to the MMU; disclosure by the Department of information regarding this VET Funding ContractContract (including details of the Funds paid) or any Confidential Information of the RTO may be required in certain circumstances; and it consents to such disclosure and, for if required, will use all reasonable endeavours to assist the purpose Department in meeting any of satisfying its disclosure obligations underincluding, without limitation: in connection with permitted re-tendering or any benchmarking or market testing; under the Freedom of Information Act 1982 (Vic)Xxx 0000; under the Ombudsman Act 1973 (Vic)Xxxxxxxxx Xxx 0000; or to satisfy the disclosure requirements of the Victorian Auditor-General under the Audit Act 1994 (Vic); Xxx 0000 or the requirements of Parliamentary accountability or in the case of a Minister's obligations Minister to fulfil their duties of office; and . For the Department avoidance of doubt, a disclosure under Clause 12.2 may disclose information referred be to in paragraph (a) or paragraph (b) to an entity that is the counterparty to any Other VET Funding Arrangement, any regulator who has responsibility for issuing or monitoring compliance with the applicable registration referred to in Clause 4.1(a), or other government entity in any jurisdiction that has an interest in the regulation and funding equivalent of the VET sector. The Training Provider must take all steps and make all efforts to assist the Department in complying with another State or Territory, to any of relevant government department; to the obligations referred Department, or to in Clause 13.2(b)a regulator. The Training Provider RTO acknowledges that it will be bound by the Information Privacy Principles and any applicable Code of Practice with respect to any act done or practice engaged in by the Training Provider RTO under or in connection with this VET Funding Contract in the same way and to the same extent as the Department would have been bound had it been directly done or engaged in by the Department. The Training Provider RTO must include a standard privacy notice in all enrolment forms, in accordance with the Victorian VET Student Statistical Collection Guidelines, Guidelines which advises Eligible Individuals students how their data may be supplied to and used by the Department and Commonwealth VET Student Loan Fee-Help agencies. LIABILITY, INDEMNITY AND INSURANCE The RTO acknowledges that: the State, its servants and agents are not responsible at any time for any liabilities incurred or entered into by the RTO as a result of, or arising from, the RTO's rights and obligations under this VET Funding Contract or in relation to provision of the Training Provider must, in collecting any Personal Information for Services to Eligible Individuals; and it is the purposes of RTO's responsibility to carry out its obligations under this VET Funding Contract, ensure that it has obtained all necessary consents for: receive Funds and to provide the Training Provider Services to collectEligible Individuals at its own risk. The RTO indemnifies (and must keep indemnified) the Department, usethe State and its employees, hold servants and disclose that Personal Informationagents (referred to in this Clause as 'those indemnified') against all Losses sustained or incurred by those indemnified and arising out of or relating to any death or injury to a person, including by disclosing it damage to property or other loss caused (or to the Department as contemplated extent contributed) by this VET Funding Contract (including by way any act or omission of the submission of reports under Clause 12 of Schedule 1RTO, for the purposes of complying with Record disclosure obligations under Clause 10 and in the course of any auditits employees, review servants, subcontractors or investigation under Clause 11); and the Department to collect, use, hold and disclose that Personal Information for the purposes of this VET Funding Contract and its operation and management of the Skills First Program, in accordance with all applicable Laws, including the PDP Act, the Health Records Act and (if applicable to the Training Provider) the Privacy Act 1988 (Cth). The Training Provider must cooperate with, and provide any assistance requested by, the Department in relation to: resolving any complaint made to the Department alleging a breach of the PDP Act or the Health Records Act in relation to any Personal Information collected, used, held or disclosed by the Department that was provided to it by the Training Provider in connection with this VET Funding Contract; and providing access to or amendment of any record of Personal Information collected, used, held or disclosed agents in connection with this VET Funding Contract following a request from an individual made or the Training Services. The RTO’s liability to indemnify those indemnified under Clause 13.2 will be reduced proportionally to the extent that any negligent, reckless, wilful or unlawful act or omission on the part of those indemnified directly caused the relevant Loss. The RTO must, at its own expense: take out and maintain until 7 years after expiry of the Term all appropriate insurances at an adequate level to cover the provision of the Training Services to Eligible Individuals and any risk, loss or damage arising out of or caused by the performance of those Training Services, including insurance for workers compensation, public liability, professional liability, professional indemnity and property; ensure that the insurances are taken out and maintained with reputable insurers; comply with all relevant insurance requirements, including conducting and improving relevant risk management practices and incident notification processes; provide copies of insurance certificates of currency, including details of limits on cover, to the Department upon request; and promptly notify the Department if any insurance is cancelled, or any insurance details change. NOTICES AND REPRESENTATIVES A notice issued under this VET Funding Contract by a Party (Notice) must: be in writing; signed by or on behalf of the Party giving it; and be hand delivered or sent by pre paid post (airmail if posted to or from a place outside Australia) to the recipient's address for Notices specified on offer and acceptance documentation relating to this VET Funding Contract (as varied by any notice given by the recipient to the sender). A Notice takes effect from the time it is received, unless a later time is specified in it. A Notice will be deemed to have been received by the addressee: in the case of hand delivery, at the time of delivery; or in the case of pre paid post, on the second Business Day (or seventh Business Day if posted to or from a place outside Australia) after posting; The authorised representative of each Party who will be responsible for issuing and receiving Notices under this VET Funding Contract are as follows: the Department’s representative is the Executive Director or the Deputy Secretary, the Department; and the RTO’s representative is the CEO. DISPUTE RESOLUTION The Parties must attempt to resolve any disputes or differences prior to employing the dispute resolution procedure provided for in this clause. A Party claiming that a dispute or disagreement has arisen under this VET Funding Contract must give a notice to the other Party specifying the nature of the dispute. A dispute notice may be withdrawn at any time by the Party that gave the notice. Within 10 Business Days of the date of issue of the dispute notice, the Parties must enter into good faith discussions in an attempt to resolve the issues between them and must not reasonably delay or hinder the dispute resolution process provided for under this clause. If the Parties have not resolved the dispute within 20 Business Days of the date of issue of the Dispute Notice, either Party may refer the dispute to the Minister or the Minister’s nominee. The Parties acknowledge and agree that the Minister or the Minister’s nominee may: provide written directions to the Parties as to the resolution of the dispute; or make such other decisions as the Minister or the Minister’s nominee considers appropriate. Any decision of the Minister or the Minister’s nominee that constitutes a written direction by the Minister or the Minister’s nominee to a Party to a dispute will be taken to be conclusive and binding on that Party. The Parties must continue to perform their respective obligations under this VET Funding Contract during a dispute. This Clause 15 does not affect the rights of the Department, which includes all of its rights and its right to terminate this VET Funding Contract. This Clause 15 does not apply to Clause 10 or Clause 17 of the VET Funding Contract, or Clause 13 of Schedule 1 of the VET Funding Contract.

Confidentiality and Privacy. The Training Provider RTO must not, without the prior written approval of the Department, disclose (or permit the disclosure of) information regarding this VET Funding Contract (including details of the Funds being provided by the Department in respect of any individualEligible Individual) or any Confidential Information of the Department, the Department or the State, except: to the extent required under this VET Funding Contract; to the extent required by Law; to the extent that the information is already in the public domain (other than due to a breach of this VET Funding Contract); to its solicitors, barristers and/or other professional advisors in order to obtain advice in relation to its rights under this VET Funding Contract, the Training Services or the Funds and provided such advisors are under a duty of confidentiality; to the extent necessary for the registration or recording of documents where required; and/or to the extent required in connection with legal proceedings, ; and then only to the extent strictly necessary for that purpose. The Training Provider RTO acknowledges and agrees that: the Department at its discretion may disclose or otherwise make available (whether to the public generally or to any particular person or group of persons) any and all information relating to the Training Provider RTO and this VET Funding Contract (including Confidential Information of the Training Provider), including: course and qualification details; , government subsidised fee information; , details of the Funds paid; the contents of any surveys in which the Training Provider participates pursuant to Clause 4.5(j)(ii) or any employer surveys; any information that the Training Provider is required to publish on its website or otherwise make publicly available under this VET Funding Contract; , details of any non-compliance by the Training Provider RTO with this VET Funding Contract; , any action taken by the Department under this VET Funding Contract; , and findings and outcomes of any audits or reviews undertaken pursuant to this VET Funding Contract, as it considers reasonably appropriate to facilitate the proper operation of the Skills First Program, including as contemplated by Clause 12.3 of Schedule 1; the Department may disclose information make a disclosure referred to in paragraph (a), and any information regarding any suspected non-compliance by the Training Provider with RTO, to the MMU; disclosure by the Department of information regarding this VET Funding ContractContract (including details of the Funds paid) or any Confidential Information of the RTO may be required in certain circumstances; and it consents to such disclosure and, for if required, will use all reasonable endeavours to assist the purpose Department in meeting any of satisfying its disclosure obligations underincluding, without limitation: in connection with permitted re-tendering or any benchmarking or market testing; under the Freedom of Information Act 1982 (Vic)Xxx 0000; under the Ombudsman Act 1973 (Vic)Xxxxxxxxx Xxx 0000; or to satisfy the disclosure requirements of the Victorian Auditor-General under the Audit Act 1994 (Vic); Xxx 0000 or the requirements of Parliamentary accountability or in the case of a Minister's obligations Minister to fulfil their duties of office; and . For the Department avoidance of doubt, a disclosure under Clause 12.2 may disclose information referred be to in paragraph (a) or paragraph (b) to an entity including, but not limited to, the counterparty to any Other VET Funding Arrangement, any regulator who has responsibility for issuing or monitoring compliance with following entities: the applicable registration referred to in Clause 4.1(a), or other government entity in any jurisdiction that has an interest in the regulation and funding equivalent of the VET sector. The Training Provider must take all steps and make all efforts to assist the Department in complying with another State or Territory; any of relevant government department; the obligations referred to in Clause 13.2(b)Department; or a regulator. The Training Provider RTO acknowledges that it will be bound by the Information Privacy Principles and any applicable Code of Practice with respect to any act done or practice engaged in by the Training Provider RTO under or in connection with this VET Funding Contract in the same way and to the same extent as the Department would have been bound had it been directly done or engaged in by the Department. The Training Provider RTO must include a standard privacy notice in all enrolment forms, in accordance with the Victorian VET Student Statistical Collection Guidelines, which advises Eligible Individuals students how their data may be supplied to and used by the Department and Commonwealth VET Student Loan Fee-Help agencies. The Training Provider must, in collecting any Personal Information for the purposes of this VET Funding Contract, ensure that it has obtained all necessary consents for: the Training Provider to collect, use, hold and disclose that Personal Information, including by disclosing it to the Department as contemplated by this VET Funding Contract (including by way of the submission of reports under Clause 12 of Schedule 1, for the purposes of complying with Record disclosure obligations under Clause 10 and in the course of any audit, review or investigation under Clause 11); and the Department to collect, use, hold and disclose that Personal Information for the purposes of this VET Funding Contract and its operation and management of the Skills First Program, in accordance with all applicable Laws, including the PDP Act, the Health Records Act and (if applicable to the Training Provider) the Privacy Act 1988 (Cth). The Training Provider must cooperate with, and provide any assistance requested by, the Department in relation to: resolving any complaint made to the Department alleging a breach of the PDP Act or the Health Records Act in relation to any Personal Information collected, used, held or disclosed by the Department that was provided to it by the Training Provider in connection with this VET Funding Contract; and providing access to or amendment of any record of Personal Information collected, used, held or disclosed in connection with this VET Funding Contract following a request from an individual made to the Department.

Confidentiality and Privacy. The Training Provider must not, without the prior written approval of the Department, disclose (or permit the disclosure of) information regarding this VET Funding Contract (including details of the Funds being provided by the Department in respect of any individual) or any Confidential Information of the Department or the State, except: to the extent required under this VET Funding Contract; to the extent required by Law; to its solicitors, barristers and/or other professional advisors in order to obtain advice in relation to its rights under this VET Funding Contract, the Training Services or the Funds and provided such advisors are under a duty of confidentiality; to the extent necessary for the registration or recording of documents where required; and/or to the extent required in connection with legal proceedings, and then only to the extent strictly necessary for that purpose. The Training Provider acknowledges and agrees that: the Department may disclose or otherwise make available (whether to the public generally or to any particular person or group of persons) any and all information relating to the Training Provider and this VET Funding Contract (including Confidential Information of the Training Provider), including: course and qualification details; government subsidised fee information; details of the Funds paid; the contents results of any surveys in which the Training Provider participates pursuant to Clause 4.5(j)(ii) ), or the results of any student or employer surveyssurveys administered by, or on behalf of, the Department; any information that the Training Provider is required to publish on its website or otherwise make publicly available under this VET Funding Contract; details of any non-compliance by the Training Provider with this VET Funding Contract; any action taken by the Department under this VET Funding Contract; and findings and outcomes of any audits or reviews undertaken pursuant to this VET Funding Contract, as it considers reasonably appropriate to facilitate the proper operation of the Skills First Program, including as contemplated by Clause 12.3 of Schedule 1; the Department may disclose information referred to in paragraph (a), and any information regarding any suspected non-compliance by the Training Provider with this VET Funding Contract, for the purpose of satisfying its obligations under: the Freedom of Information Act 1982 Xxx 0000 (Vic); the Ombudsman Act 1973 Xxxxxxxxx Xxx 0000 (Vic); or the Audit Act 1994 Xxx 0000 (Vic); or the requirements of Parliamentary accountability or a Minister's obligations to fulfil their duties of office; and the Department may disclose information referred to in paragraph (a) or paragraph (b) to the counterparty to any Other VET Funding Arrangement, any regulator who has responsibility for issuing or monitoring compliance with the applicable registration referred to in Clause 4.1(a), or other government entity in any jurisdiction that has an interest in the regulation and funding of the VET sector. The Training Provider must take all steps and make all efforts to assist the Department in complying with any of the obligations referred to in Clause 13.2(b). The Training Provider acknowledges that it will be bound by the Information Privacy Principles and any applicable Code of Practice with respect to any act done or practice engaged in by the Training Provider under or in connection with this VET Funding Contract in the same way and to the same extent as the Department would have been bound had it been directly done or engaged in by the Department. The Training Provider must include a standard privacy notice in all enrolment forms, in accordance with the Victorian VET Student Statistical Collection Guidelines, which advises Eligible Individuals how their data may be supplied to and used by the Department and Commonwealth VET Student Loan agencies. The Training Provider must, in collecting any Personal Information for the purposes of this VET Funding Contract, ensure that it has obtained all necessary consents for: the Training Provider to collect, use, hold and disclose that Personal Information, including by disclosing it to the Department as contemplated by this VET Funding Contract (including by way of the submission of reports under Clause 12 of Schedule 1, for the purposes of complying with Record disclosure obligations under Clause 10 and in the course of any audit, review or investigation under Clause 11); and the Department to collect, use, hold and disclose that Personal Information for the purposes of this VET Funding Contract and its operation and management of the Skills First Program, in accordance with all applicable Laws, including the PDP Act, the Health Records Act and (if applicable to the Training Provider) the Privacy Act 1988 Xxx 0000 (Cth). The Training Provider must cooperate with, and provide any assistance requested by, the Department in relation to: resolving any complaint made to the Department alleging a breach of the PDP Act or the Health Records Act in relation to any Personal Information collected, used, held or disclosed by the Department that was provided to it by the Training Provider in connection with this VET Funding Contract; and providing access to or amendment of any record of Personal Information collected, used, held or disclosed in connection with this VET Funding Contract following a request from an individual made to the Department.

Confidentiality and Privacy. The Training Provider RTO must not, without the prior written approval of the DepartmentCommission, disclose (or permit the disclosure of) information regarding this VET Funding Contract Agreement (including details of the Funds being provided by the Department Commission in respect of any individualEligible Individual) or any Confidential Information of the Commission, the Department or the State, except: to the extent required under this VET Funding ContractAgreement; to the extent required by Law; to the extent that the information is already in the public domain (other than due to a breach of this Agreement); to its solicitors, barristers and/or and / or other professional advisors in order to obtain advice in relation to its rights under this VET Funding ContractAgreement, the Training Services or the Funds and provided such advisors are under a duty of confidentiality; to the extent necessary for the registration or recording of documents where required; and/or and / or to the extent required in connection with legal proceedings, ; and then only to the extent strictly necessary for that purpose. The Training Provider RTO acknowledges and agrees that: the Department Commission at its discretion may disclose or otherwise make available (whether to the public generally or to any particular person or group of persons) any and all information relating to the Training Provider RTO and this VET Funding Contract (Agreement including Confidential Information of the Training Provider), including: course and qualification details; , government subsidised fee information; , details of the Funds paid; the contents of any surveys in which the Training Provider participates pursuant to Clause 4.5(j)(ii) or any employer surveys; any information that the Training Provider is required to publish on its website or otherwise make publicly available under this VET Funding Contract; , details of any non-compliance by the Training Provider RTO with this VET Funding Contract; Agreement, any action taken by the Department Commission under this VET Funding Contract; Agreement, and findings and outcomes of any audits or reviews undertaken pursuant to this VET Funding Contract, as it considers reasonably appropriate to facilitate the proper operation of the Skills First Program, including as contemplated by Clause 12.3 of Schedule 1Agreement; the Department Commission may disclose information make a disclosure referred to in paragraph (a), and any information regarding any suspected non-compliance by the Training Provider RTO, to the MMU; disclosure by the Commission of information regarding this Agreement (including details of the Funds paid) or any Confidential Information of the RTO may be required in certain circumstances; and it consents to such disclosure and, if required, will use all reasonable endeavours to assist the Commission in meeting any of its disclosure obligations including, without limitation: in connection with this VET Funding Contract, for the purpose of satisfying its obligations under: permitted re-tendering or any benchmarking or market testing; under the Freedom of Information Act 1982 (Vic)1982; under the Ombudsman Act 1973 (Vic)1973; or to satisfy the disclosure requirements of the Victorian Auditor-General under the Audit Act 1994 (Vic); or the requirements of Parliamentary accountability or in the case of a Minister's obligations Minister to fulfil their duties of office. For the avoidance of doubt, a disclosure under Clause 13.2 may be to an entity that is the equivalent of the Commission in another State or Territory, to any relevant government department; and the Department may disclose information referred to in paragraph (a) or paragraph (b) to the counterparty to any Other VET Funding Arrangement, any regulator who has responsibility for issuing or monitoring compliance with the applicable registration referred to in Clause 4.1(a)Department, or other government entity in any jurisdiction that has an interest in the regulation and funding of the VET sectorto a regulator. The Training Provider must take all steps and make all efforts to assist the Department in complying with any of the obligations referred to in Clause 13.2(b). The Training Provider RTO acknowledges that it will be bound by the Information Privacy Principles and any applicable Code of Practice with respect to any act done or practice engaged in by the Training Provider RTO under or in connection with this VET Funding Contract Agreement in the same way and to the same extent as the Department Commission would have been bound had it been directly done or engaged in by the DepartmentCommission. The Training Provider RTO must include a standard privacy notice in all enrolment forms, in accordance with the Victorian VET Student Statistical Collection Guidelines, Guidelines which advises Eligible Individuals students how their data may be supplied to and used by the Department Commission and Commonwealth VET Student Loan Fee-Help agencies. The Training Provider must, in collecting any Personal Information for This Clause 13 survives the purposes expiry or termination of this VET Funding Contract, ensure that it has obtained all necessary consents for: the Training Provider to collect, use, hold and disclose that Personal Information, including by disclosing it to the Department as contemplated by this VET Funding Contract (including by way of the submission of reports under Clause 12 of Schedule 1, for the purposes of complying with Record disclosure obligations under Clause 10 and in the course of any audit, review or investigation under Clause 11); and the Department to collect, use, hold and disclose that Personal Information for the purposes of this VET Funding Contract and its operation and management of the Skills First Program, in accordance with all applicable Laws, including the PDP Act, the Health Records Act and (if applicable to the Training Provider) the Privacy Act 1988 (Cth). The Training Provider must cooperate with, and provide any assistance requested by, the Department in relation to: resolving any complaint made to the Department alleging a breach of the PDP Act or the Health Records Act in relation to any Personal Information collected, used, held or disclosed by the Department that was provided to it by the Training Provider in connection with this VET Funding Contract; and providing access to or amendment of any record of Personal Information collected, used, held or disclosed in connection with this VET Funding Contract following a request from an individual made to the DepartmentAgreement.