Common use of Accounts and Records Clause in Contracts

Accounts and Records. Records generally This Clause 10 does not limit the other obligations of the Training Provider with respect to Records and recordkeeping, including obligations in the Regulatory Standards as applicable, and obligations under any other applicable Law. On termination or expiry of this VET Funding Contract, the Training Provider will retain ownership and custody of its Records. Accounting and record-keeping obligations The Training Provider must implement and administer a recordkeeping system that creates and maintains full and accurate hard copy and/or electronic Records for all Training Services provided by the Training Provider, in sufficient detail to allow the Department to determine the Training Provider's compliance with this VET Funding Contract and the accuracy of the reports and claims for payment submitted under this VET Funding Contract. The Department may, at any time, direct the Training Provider to maintain or retain Records that the Training Provider is not then retaining, if the Department considers that the maintenance or retention of such Records is required in order for the Department to confirm the Training Provider's compliance with this VET Funding Contract. The Training Provider must establish and maintain effective security measures to safeguard the Records from unauthorised access or use (including amendment of Records that is inconsistent with Clause 10.9(h)) for as long as those Records are required to be maintained under this VET Funding Contract. The Training Provider must immediately provide access to the Records in the following circumstances: in accordance with any applicable legislation; to the Victorian Auditor-General or Victorian Ombudsman on request in writing; to a government representative on request in writing; and to the Department or an authorised representative of the Department for any purpose connected with this VET Funding Contract. The Training Provider must retain and not dispose of any Records until three years after the Eligible Individual to whom the Records relate has completed or withdrawn from the relevant training course or qualification in which they are enrolled. The Training Provider must ensure that all Records are made available to the Department promptly on request, including taking any number of copies of any Records or other documents as required and determined by the Department (or persons authorised by the Department). The Training Provider indemnifies the Department from and against any Loss suffered or incurred in connection with a breach of the Training Provider's obligations under this Clause 10. Without limiting any of the above obligations in this Clause 10, the Training Provider must: ensure appropriate accounting processes and controls are implemented and administered in connection with this VET Funding Contract, the Training Services and the Funds; keep complete Records and accounts of all dealings connected with this VET Funding Contract, including: all quotations, invoices and receipts, which must contain full particulars of payments made by the Training Provider to its subcontractors and other third parties; and other Records and accounts as required by Law and any relevant regulatory authorities; in addition to its obligations under Clause 11, upon request by the Department, make available to the Department for inspection at a location in Victoria specified by the Department during Business Hours, all Records, and any other documents in its possession, control or power relating to or otherwise used or held by the Training Provider in connection with the Funds or the Training Services or relevant to determining the quality of the Training Services, including copies of any reports or information required by the Department pursuant to Clause 7.1; in addition to its obligations under Clause 11, supply any information reasonably required by the Department for the purposes of this VET Funding Contract, including information sufficient to allow the Department to satisfy itself as to the financial position of the Training Provider, the use of the Funds, the capacity of the Training Provider to deliver the Training Services in respect of Eligible Individuals and/or the delivery by the Training Provider of the Training Services; retain, and make available to the Department, or its auditors or reviewers for audit, review or investigation purposes, all records relating to the Training Services, including: Evidence of Eligibility, Evidence of Concession/Waiver/Exemption, Statements of Fees and Evidence of Participation; in respect of each Pre-Training Review that is required to be conducted, the evidence of that Pre-Training Review required under Clauses 5.1 to 5.4 of Schedule 1; and evidence that the training and assessment provided was appropriate and of high quality as defined in the Quality Charter and meets the requirements set out in Clause 4.1(d); and evidence that the Training Provider has received any and all fees from Eligible Individuals that the Training Provider reported via the SVTS as having charged, and copies of any invoices, or statements provided to the Eligible Individuals, and bank generated transaction statements of the Training Provider’s accounts into which the fees were paid or received, such that the Department can confirm that the Training Provider received the fee for which each Eligible Individual was invoiced, in respect of each Eligible Individual in relation to whom the Training Provider provides the Training Services; comply with all Laws and standards applicable to the Training Provider relating to recordkeeping, including the recordkeeping requirements outlined in the Regulatory Standards, PDP Act, and the Electronic Transactions (Victoria) Act 2000 (Vic); keep accounting Records in relation to the Funds provided by the Department under this VET Funding Contract in such a manner as to enable them to be audited by the Auditor-General of Victoria or any other entity as directed by the Department; and not make or amend Records such that they are not accurate. Where the Training Provider identifies, through its continuous improvement processes or otherwise, the need to amend a Record, the Training Provider must take steps to document the amendment(s) such that a reasonable person could ascertain the nature of and rationale for the amendment(s) in a straightforward way. If the Training Provider is required or requested for the purpose of either this Clause 10 or Clause 11 to make available or provide any information, Record or other document, and the Training Provider fails to do so within a reasonable time, or where relevant, by the specified time, then the information, Record or document will be deemed not to exist, and for the purpose of this VET Funding Contract any activity that that information, Record or document would have evidenced will be deemed not to have occurred or been carried out, and the Department may exercise all rights available to it on that basis. Without limiting any other requirements under this VET Funding Contract, the Training Provider must ensure that its systems, processes and practices for the generation, creation, collation, amendment, retention and storage of Records, including metadata associated with any electronic Records, are adequate to demonstrate to a reasonable standard that each of the Records (including any Records made available to or accessed by the Department, or its authorised representatives or any other person entitled to such access pursuant to this VET Funding Contract) is complete, accurate and authentic and has not been amended except in accordance with Clause 10.9(h).

Accounts and Records. Records generally This Clause 10 does not limit the other obligations of the Training Provider with respect to Records and recordkeeping, including obligations in the Regulatory AQTF and/or the VET Quality Framework including the National RTO Standards as applicable, and obligations under any other applicable Law. On termination or expiry of this VET Funding Contract, the Training Provider will retain ownership and custody of its Records. Accounting and record-keeping obligations The Training Provider must implement and administer a recordkeeping system that creates and maintains full and accurate hard copy and/or electronic Records for all Training Services provided by the Training Provider, in sufficient detail to allow the Department to determine the Training Provider's compliance with this VET Funding Contract and the accuracy of the reports and claims for payment submitted under this VET Funding Contract. The Department may, at any time, direct the Training Provider to maintain or retain Records that the Training Provider is not then retaining, if the Department considers that the maintenance or retention of such Records is required in order for the Department to confirm the Training Provider's compliance with this VET Funding Contract. The Training Provider must establish and maintain effective security measures to safeguard the Records from unauthorised access or use (including amendment of Records that is inconsistent with Clause 10.9(h)) for as long as those Records are required to be maintained under this VET Funding Contract. The Training Provider must immediately provide access to the Records in the following circumstances: in accordance with any applicable legislation; to the Victorian Auditor-General or Victorian Ombudsman on request in writing; to a government representative on request in writing; and to the Department or an authorised representative of the Department for any purpose connected with this VET Funding Contract. The Training Provider must retain and not dispose of any Records until three years after the Eligible Individual to whom end of the Records relate has completed or withdrawn from the relevant training course or qualification in which they are enrolledTerm. The Training Provider must ensure that all Records are made available to the Department promptly on request, including taking any number of copies of any Records or other documents as required and determined by the Department (or persons authorised by the Department). The Training Provider indemnifies the Department from and against any Loss suffered or incurred in connection with a breach of the Training Provider's obligations under this Clause 10. Without limiting any of the above obligations in this Clause 10, the Training Provider must: ensure appropriate accounting processes and controls are implemented and administered in connection with this VET Funding Contract, the Training Services and the Funds; keep complete Records and accounts of all dealings connected with this VET Funding Contract, including: all quotations, invoices and receipts, which must contain full particulars of payments made by the Training Provider to its subcontractors and other third parties; and other Records and accounts as required by Law and any relevant regulatory authorities; in addition to its obligations under Clause 11, upon request by the Department, make available to the Department for inspection at a location in Victoria specified by the Department during Business Hours, all Records, and any other documents in its possession, control or power relating to or otherwise used or held by the Training Provider in connection with the Funds or the Training Services or relevant to determining the quality of the Training Services, including copies of any reports or information required by the Department pursuant to Clause 7.1; in addition to its obligations under Clause 11, supply any information reasonably required by the Department for the purposes of this VET Funding Contract, including information sufficient to allow the Department to satisfy itself as to the financial position of the Training Provider, the use of the Funds, the capacity of the Training Provider to deliver the Training Services in respect of Eligible Individuals and/or the delivery by the Training Provider of the Training Services; retain, and make available to the Department, or its auditors or reviewers for audit, review or investigation purposes, all records relating to the Training Services, including: Evidence of Eligibility, Evidence of Concession/Waiver/Exemption, Statements of Fees and Evidence of Participation; in respect of each Pre-Training Review that is required to be conducted, the evidence of that Pre-Training Review required under Clauses 5.1 to 5.4 5.5 of Schedule 1; and evidence that the training and assessment provided was appropriate and of high quality as defined in the Quality Charter and meets the requirements set out in Clause 4.1(d); and evidence that the Training Provider has received any and all fees from Eligible Individuals that the Training Provider reported via the SVTS as having charged, and copies of any invoices, or statements provided to the Eligible Individuals, and bank generated transaction statements of the Training Provider’s accounts into which the fees were paid or received, such that the Department can confirm that the Training Provider received the fee for which each Eligible Individual was invoiced, in respect of each Eligible Individual in relation to whom the Training Provider provides the Training Services; comply with all Laws and standards applicable to the Training Provider relating to recordkeeping, including the recordkeeping requirements outlined in the Regulatory AQTF and/or the VET Quality Framework including the National RTO Standards, PDP Act, and the Electronic Transactions (Victoria) Act 2000 (Vic); keep accounting Records in relation to the Funds provided by the Department under this VET Funding Contract in such a manner as to enable them to be audited by the Auditor-General of Victoria or any other entity as directed by the Department; and not make or amend Records such that they are not accurate. Where the Training Provider identifies, through its continuous improvement processes or otherwise, the need to amend a Record, the Training Provider must take steps to document the amendment(s) such that a reasonable person could ascertain the nature of and rationale for the amendment(s) in a straightforward way. If the Training Provider is required or requested for the purpose of either this Clause 10 or Clause 11 to make available or provide any information, Record or other document, and the Training Provider fails to do so within a reasonable time, or where relevant, by the specified time, then the information, Record or document will be deemed not to exist, and for the purpose of this VET Funding Contract any activity that that information, Record or document would have evidenced will be deemed not to have occurred or been carried out, and the Department may exercise all rights available to it on that basis. Without limiting any other requirements under this VET Funding Contract, the Training Provider must ensure that its systems, processes and practices for the generation, creation, collation, amendment, retention and storage of Records, including metadata associated with any electronic Records, are adequate to demonstrate to a reasonable standard that each of the Records (including any Records made available to or accessed by the Department, or its authorised representatives or any other person entitled to such access access, pursuant to this VET Funding Contract) is complete, accurate and authentic and has not been amended except in accordance with Clause 10.9(h).

Accounts and Records. Records generally This Clause 10 does not limit any of the other obligations of the Training Provider with respect to Records and recordkeeping, including obligations in the Regulatory AQTF and/or the VET Quality Framework including the National RTO Standards as applicable, and obligations under any other applicable Law. On termination or expiry of this VET Funding Contract, the Training Provider will retain ownership and custody of its Records. Accounting and record-keeping obligations The Training Provider must implement and administer a recordkeeping system that creates and maintains full and accurate hard copy and/or electronic Records for all Training Services provided by the Training Provider, in sufficient detail to allow the Department to determine the Training Provider's compliance with this VET Funding Contract and the accuracy of the reports and claims for payment submitted under this VET Funding Contract. The Department may, at any time, direct the Training Provider to maintain or retain Records that the Training Provider is not then retaining, if the Department considers that the maintenance or retention of such Records is required in order for the Department to confirm the Training Provider's compliance with this VET Funding Contract. The Training Provider must establish and maintain effective security measures to safeguard the Records from unauthorised access or use (including amendment of Records that is inconsistent with Clause 10.9(h)) for as long as those Records are required to be maintained under this VET Funding Contract. The Training Provider must immediately provide access to the Records in the following circumstances: in accordance with any applicable legislation; to the Victorian Auditor-General or Victorian Ombudsman on request in writing; to a government representative on request in writing; and to the Department or an authorised representative of the Department for any purpose connected with this VET Funding Contract. The Training Provider must retain and not dispose of any Records until three years after the Eligible Individual to whom end of the Records relate has completed or withdrawn from the relevant training course or qualification in which they are enrolledTerm. The Training Provider must ensure that all Records are made available to the Department promptly on request, including taking any number of copies of any Records or other documents as required and determined by the Department (or persons authorised by the Department). The Training Provider indemnifies the Department from and against any Loss suffered or incurred in connection with a breach of the Training Provider's obligations under this Clause 10. Without limiting any of the above obligations in this Clause 10, the Training Provider must: ensure appropriate accounting processes and controls are implemented and administered in connection with this VET Funding Contract, the Training Services and the Funds; keep complete Records and accounts of all dealings connected with this VET Funding Contract, including: all quotations, invoices and receipts, which must contain full particulars of payments made by the Training Provider to its subcontractors and other third parties; and other Records and accounts as required by Law and any relevant regulatory authorities; in addition to its obligations under Clause 11, upon request by the Department, make available to the Department for inspection at a location in Victoria specified by the Department during Business Hours, all Records, and any other documents in its possession, control or power relating to or otherwise used or held by the Training Provider in connection with the Funds or the Training Services or relevant to determining the quality of the Training Services, including copies of any reports or information required by the Department pursuant to Clause 7.1; in addition to its obligations under Clause 11, supply any information reasonably required by the Department for the purposes of this VET Funding Contract, including information sufficient to allow the Department to satisfy itself as to the financial position of the Training Provider, the use of the Funds, the capacity of the Training Provider to deliver the Training Services in respect of Eligible Individuals and/or the delivery by the Training Provider of the Training Services; retain, and make available to the Department, or its auditors or reviewers for audit, review or investigation purposes, all records relating to the Training Services, including: Evidence of Eligibility, Evidence of Concession/Waiver/Exemption, Statements of Fees and Evidence of Participation; in respect of each Pre-Training Review that is required to be conducted, the evidence of that Pre-Training Review required under Clauses 5.1 to 5.4 5.5 of Schedule 1; and evidence that the training and assessment provided was appropriate and of high quality as defined in the Quality Charter and meets the requirements set out in Clause 4.1(d); and evidence that the Training Provider has received any and all fees from Eligible Individuals that the Training Provider reported via the SVTS as having charged, and copies of any invoices, or statements provided to the Eligible Individuals, and bank generated transaction statements of the Training Provider’s accounts into which the fees were paid or received, such that the Department can confirm that the Training Provider received the fee for which each Eligible Individual was invoiced, in respect of each Eligible Individual in relation to whom the Training Provider provides the Training Services; comply with all Laws and standards applicable to the Training Provider relating to recordkeeping, including the recordkeeping requirements outlined in the Regulatory AQTF and/or the VET Quality Framework including the National RTO Standards, PDP Act, and the Electronic Transactions (Victoria) Act 2000 (Vic); keep accounting Records in relation to the Funds provided by the Department under this VET Funding Contract in such a manner as to enable them to be audited by the Auditor-General of Victoria or any other entity as directed by the Department; and not make or amend Records such that they are not accurate. Where the Training Provider identifies, through its continuous improvement processes or otherwise, the need to amend a Record, the Training Provider must take steps to document the amendment(s) such that a reasonable person could ascertain the nature of and rationale for the amendment(s) in a straightforward way. If the Training Provider is required or requested for the purpose of either this Clause 10 or Clause 11 to make available or provide any information, Record or other document, and the Training Provider fails to do so within a reasonable time, or where relevant, by the specified time, then the information, Record or document will be deemed not to exist, and for the purpose of this VET Funding Contract any activity that that information, Record or document would have evidenced will be deemed not to have occurred or been carried out, and the Department may exercise all rights available to it on that basis. Without limiting any other requirements under this VET Funding Contract, the Training Provider must ensure that its systems, processes and practices for the generation, creation, collation, amendment, retention and storage of Records, including metadata associated with any electronic Records, are adequate to demonstrate to a reasonable standard that each of the Records (including any Records made available to or accessed by the Department, or its authorised representatives or any other person entitled to such access access, pursuant to this VET Funding Contract) is complete, accurate and authentic and has not been amended except in accordance with Clause 10.9(h).

Accounts and Records. Records generally This Clause 10 does not limit the other obligations of the Training Provider with respect to Records and recordkeeping, including obligations in the Regulatory Standards as applicable, and obligations under any other applicable Law. On termination or expiry of the Term of this VET Funding Contract, the Training Provider will retain ownership and custody of its Records. Accounting and record-keeping obligations The Training Provider must implement and administer a recordkeeping system that creates and maintains full and accurate hard copy and/or electronic Records for all Training Services provided by the Training Provider, in sufficient detail to allow the Department to determine the Training Provider's compliance with this VET Funding Contract and the accuracy of the reports and claims for payment submitted under this VET Funding Contract. The Department may, at any time, direct the Training Provider to maintain or retain Records that the Training Provider is not then retaining, if the Department considers that the maintenance or retention of such Records is required in order for the Department to confirm the Training Provider's compliance with this VET Funding Contract. The Training Provider must establish and maintain effective security measures to safeguard the Records from unauthorised access or use (including amendment of Records that is inconsistent with Clause 10.9(h)) for as long as those Records are required to be maintained under this VET Funding Contract. The Training Provider must immediately provide access to the Records in the following circumstances: in accordance with any applicable legislation; to the Victorian Auditor-General or Victorian Ombudsman on request in writing; to a government representative on request in writing; and to the Department or an authorised representative of the Department for any purpose connected with this VET Funding Contract. The Training Provider must retain and not dispose of any Records until three years after the Eligible Individual to whom the Records relate has completed or withdrawn from the relevant training course or qualification in which they are enrolled. The Training Provider must ensure that all Records are made available to the Department promptly on request, including taking any number of copies of any Records or other documents as required and determined by the Department (or persons authorised by the Department). The Training Provider indemnifies the Department from and against any Loss suffered or incurred in connection with a breach of the Training Provider's obligations under this Clause 10. Without limiting any of the above obligations in this Clause 10, the Training Provider must: ensure appropriate accounting processes and controls are implemented and administered in connection with this VET Funding Contract, the Training Services and the Funds; keep complete Records and accounts of all dealings connected with this VET Funding Contract, including: all quotations, invoices and receipts, which must contain full particulars of payments made by the Training Provider to its subcontractors and other third parties; and other Records and accounts as required by Law and any relevant regulatory authorities; in addition to its obligations under Clause 11, upon request by the Department, make available to the Department for inspection at a location in Victoria specified by the Department during Business Hours, all Records, and any other documents in its possession, control or power relating to or otherwise used or held by the Training Provider in connection with the Funds or the Training Services or relevant to determining the quality of the Training Services, including copies of any reports or information required by the Department pursuant to Clause 7.1; in addition to its obligations under Clause 11, supply any information reasonably required by the Department for the purposes of this VET Funding Contract, including information sufficient to allow the Department to satisfy itself as to the financial position of the Training Provider, the use of the Funds, the capacity of the Training Provider to deliver the Training Services in respect of Eligible Individuals and/or the delivery by the Training Provider of the Training Services; retain, and make available to the Department, or its auditors or reviewers for audit, review or investigation purposes, all records relating to the Training Services, including: Evidence of Eligibility, Evidence of Concession/Waiver/Exemption, Statements of Fees and Evidence of Participation; in respect of each Pre-Training Review that is required to be conducted, the evidence of that Pre-Training Review required under Clauses 5.1 to 5.4 of Schedule 1; and evidence that the training and assessment provided was appropriate and of high quality as defined in the Quality Charter and meets the requirements set out in Clause 4.1(d); and evidence that the Training Provider has received any and all fees from Eligible Individuals that the Training Provider reported via the SVTS as having charged, and copies of any invoices, or statements provided to the Eligible Individuals, and bank generated transaction statements of the Training Provider’s accounts into which the fees were paid or received, such that the Department can confirm that the Training Provider received the fee for which each Eligible Individual was invoiced, in respect of each Eligible Individual in relation to whom the Training Provider provides the Training Services; comply with all Laws and standards applicable to the Training Provider relating to recordkeeping, including the recordkeeping requirements outlined in the Regulatory Standards, PDP Act, and the Electronic Transactions (Victoria) Act 2000 (Vic); keep accounting Records in relation to the Funds provided by the Department under this VET Funding Contract in such a manner as to enable them to be audited by the Auditor-General of Victoria or any other entity as directed by the Department; and not make or amend Records such that they are not accurate. Where the Training Provider identifies, through its continuous improvement processes or otherwise, the need to amend a Record, the Training Provider must take steps to document the amendment(s) such that a reasonable person could ascertain the nature of and rationale for the amendment(s) in a straightforward way. If the Training Provider is required or requested for the purpose of either this Clause 10 or Clause 11 to make available or provide any information, Record or other document, and the Training Provider fails to do so within a reasonable time, or where relevant, by the specified time, then the information, Record or document will be deemed not to exist, and for the purpose of this VET Funding Contract any activity that that information, Record or document would have evidenced will be deemed not to have occurred or been carried out, and the Department may exercise all rights available to it on that basis. Without limiting any other requirements under this VET Funding Contract, the Training Provider must ensure that its systems, processes and practices for the generation, creation, collation, amendment, retention and storage of Records, including metadata associated with any electronic Records, are adequate to demonstrate to a reasonable standard that each of the Records (including any Records made available to or accessed by the Department, or its authorised representatives or any other person entitled to such access pursuant to this VET Funding Contract) is complete, accurate and authentic and has not been amended except in accordance with Clause 10.9(h).

Accounts and Records. Records generally This Clause 10 does not limit any of the other obligations of the Training Provider with respect to Records and recordkeeping, including obligations recordkeeping in the Regulatory AQTF and/or the VET Quality Framework including the National RTO Standards as applicable, and obligations under any other applicable Law. On termination or expiry of this VET Funding Contract, the Training Provider will retain ownership and custody of its Records. Accounting and record-keeping obligations The Training Provider must implement and administer a recordkeeping system that creates and maintains full and accurate hard copy and/or electronic Records for all Training Services provided by the Training Provider, in sufficient detail to allow the Department to determine the Training Provider's compliance with this VET Funding Contract and the accuracy of the reports and claims for payment submitted under this VET Funding Contract. The Department may, at any time, direct the Training Provider to maintain or retain Records that the Training Provider is not then retaining, if the Department considers that the maintenance or retention of such Records is required in order for the Department to confirm the Training Provider's compliance with this VET Funding Contract. The Training Provider must establish and maintain effective security measures to safeguard the Records from unauthorised access or use (including amendment of Records that is inconsistent with Clause 10.9(h)) for as long as those Records are required to be maintained under this VET Funding Contract. The Training Provider must immediately provide access to the Records in the following circumstances: in accordance with any applicable legislation; to the Victorian Auditor-General or Victorian Ombudsman on request in writing; to a government representative on request in writing; and to the Department or an authorised representative of the Department for any purpose connected with this VET Funding Contract. The Training Provider must retain and not dispose of any Records until three years after the Eligible Individual to whom end of the Records relate has completed or withdrawn from the relevant training course or qualification in which they are enrolledTerm. The Training Provider must ensure that all Records are made available to the Department promptly on request, including taking any number of copies of any Records or other documents as required and determined by the Department (or persons authorised by the Department). The Training Provider indemnifies the Department from and against any Loss suffered or incurred in connection with a breach of the Training Provider's obligations under this Clause 10. Without limiting any of the above obligations in this Clause 10, the Training Provider must: ensure appropriate accounting processes and controls are implemented and administered in connection with this VET Funding Contract, the Training Services and the Funds; keep complete Records and accounts of all dealings connected with this VET Funding Contract, including: all quotations, invoices and receipts, which must contain full particulars of payments made by the Training Provider to its subcontractors and other third parties; and other Records and accounts as required by Law and any relevant regulatory authorities; in addition to its obligations under Clause 11, upon request by the Department, make available to the Department for inspection at a location in Victoria specified by the Department during Business Hours, all Records, and any other documents in its possession, control or power relating to or otherwise used or held by the Training Provider in connection with the Funds or the Training Services or relevant to determining the quality of the Training Services, including copies of any reports or information required by the Department pursuant to Clause 7.1; in addition to its obligations under Clause 11, supply any information reasonably required by the Department for the purposes of this VET Funding Contract, including information sufficient to allow the Department to satisfy itself as to the financial position of the Training Provider, the use of the Funds, the capacity of the Training Provider to deliver the Training Services in respect of Eligible Individuals and/or the delivery by the Training Provider of the Training Services; retain, and make available to the Department, or its auditors or reviewers for audit, review or investigation purposes, all records relating to the Training Services, including: Evidence of Eligibility, Evidence of Concession/Waiver/Exemption, Statements of Fees and Evidence of Participation; in respect of each Pre-Training Review that is required to be conducted, the evidence of that Pre-Training Review required under Clauses 5.1 to 5.4 5.5 of Schedule 1; and evidence that the training and assessment provided was appropriate and of high quality as defined in the Quality Charter and meets the requirements set out in Clause 4.1(d); and evidence that the Training Provider has received any and all fees from Eligible Individuals that the Training Provider reported via the SVTS as having charged, and copies of any invoices, or statements provided to the Eligible Individuals, and bank generated transaction statements of the Training Provider’s accounts into which the fees were paid or received, such that the Department can confirm that the Training Provider received the fee for which each Eligible Individual was invoiced, in respect of each Eligible Individual in relation to whom the Training Provider provides the Training Services; comply with all Laws and standards applicable to the Training Provider relating to recordkeeping, including the recordkeeping requirements outlined in the Regulatory AQTF and/or the VET Quality Framework including the National RTO Standards, PDP Act, and the Electronic Transactions (Victoria) Act 2000 (Vic); keep accounting Records in relation to the Funds provided by the Department under this VET Funding Contract in such a manner as to enable them to be audited by the Auditor-General of Victoria or any other entity as directed by the Department; and not make or amend Records such that they are not accurate. Where the Training Provider identifies, through its continuous improvement processes or otherwise, the need to amend a Record, the Training Provider must take steps to document the amendment(s) such that a reasonable person could ascertain the nature of and rationale for the amendment(s) in a straightforward way. If the Training Provider is required or requested for the purpose of either this Clause 10 or Clause 11 to make available or provide any information, Record or other document, and the Training Provider fails to do so within a reasonable time, or where relevant, by the specified time, then the information, Record or document will be deemed not to exist, and for the purpose of this VET Funding Contract any activity that that information, Record or document would have evidenced will be deemed not to have occurred or been carried out, and the Department may exercise all rights available to it on that basis. Without limiting any other requirements under this VET Funding Contract, the Training Provider must ensure that its systems, processes and practices for the generation, creation, collation, amendment, retention and storage of Records, including metadata associated with any electronic Records, are adequate to demonstrate to a reasonable standard that each of the Records (including any Records made available to or accessed by the Department, or its authorised representatives or any other person entitled to such access access, pursuant to this VET Funding Contract) is complete, accurate and authentic and has not been amended except in accordance with Clause 10.9(h).

Accounts and Records. Records generally This Clause 10 does not limit the other obligations of the Training Provider with respect to Records and recordkeeping, including obligations in the Regulatory AQTF and/or the VET Quality Framework including the National RTO Standards as applicable, and obligations under any other applicable Law. On termination or expiry of this VET Funding Contract, the Training Provider will retain ownership and custody of its Records. Accounting and record-keeping obligations The Training Provider must implement and administer a recordkeeping system that creates and maintains full and accurate hard copy and/or electronic Records for all Training Services provided by the Training Provider, in sufficient detail to allow the Department to determine the Training Provider's compliance with this VET Funding Contract and the accuracy of the reports and claims for payment submitted under this VET Funding Contract. The Department may, at any time, direct the Training Provider to maintain or retain Records that the Training Provider is not then retaining, if the Department considers that the maintenance or retention of such Records is required in order for the Department to confirm the Training Provider's compliance with this VET Funding Contract. The Training Provider must establish and maintain effective security measures to safeguard the Records from unauthorised access or use (including amendment of Records that is inconsistent with Clause 10.9(h)) for as long as those Records are required to be maintained under this VET Funding Contract. The Training Provider must immediately provide access to the Records in the following circumstances: in accordance with any applicable legislation; to the Victorian Auditor-General or Victorian Ombudsman on request in writing; to a government representative on request in writing; and to the Department or an authorised representative of the Department for any purpose connected with this VET Funding Contract. The Training Provider must retain and not dispose of any Records until three years after the Eligible Individual to whom end of the Records relate has completed or withdrawn from the relevant training course or qualification in which they are enrolledTerm. The Training Provider must ensure that all Records are made available to the Department promptly on request, including taking any number of copies of any Records or other documents as required and determined by the Department (or persons authorised by the Department). The Training Provider indemnifies the Department from and against any Loss suffered or incurred in connection with a breach of the Training Provider's obligations under this Clause 10. Without limiting any of the above obligations in this Clause 10, the Training Provider must: ensure appropriate accounting processes and controls are implemented and administered in connection with this VET Funding Contract, the Training Services and the Funds; keep complete Records and accounts of all dealings connected with this VET Funding Contract, including: all quotations, invoices and receipts, which must contain full particulars of payments made by the Training Provider to its subcontractors and other third parties; and other Records and accounts as required by Law and any relevant regulatory authorities; in addition to its obligations under Clause 11, upon request by the Department, make available to the Department for inspection at a location in Victoria specified by the Department during Business Hours, all Records, and any other documents in its possession, control or power relating to or otherwise used or held by the Training Provider in connection with the Funds or the Training Services or relevant to determining the quality of the Training Services, including copies of any reports or information required by the Department pursuant to Clause 7.1; in addition to its obligations under Clause 11, supply any information reasonably required by the Department for the purposes of this VET Funding Contract, including information sufficient to allow the Department to satisfy itself as to the financial position of the Training Provider, the use of the Funds, the capacity of the Training Provider to deliver the Training Services in respect of Eligible Individuals and/or the delivery by the Training Provider of the Training Services; retain, and make available to the Department, or its auditors or reviewers for audit, review or investigation purposes, all records relating to the Training Services, including: Evidence of Eligibility, Evidence of Concession/Waiver/Exemption, Statements of Fees and Evidence of Participation; in respect of each Pre-Training Review that is required to be conducted, the evidence of that Pre-Training Review required under Clauses 5.1 to 5.4 5.5 of Schedule 1; and evidence that the training and assessment provided was appropriate and of high quality as defined in the Quality Charter and meets the requirements set out in Clause 4.1(d); and evidence that the Training Provider has received any and all fees from Eligible Individuals that the Training Provider reported via the SVTS as having charged, and copies of any invoices, or statements provided to the Eligible Individuals, and bank generated transaction statements of the Training Provider’s accounts into which the fees were paid or received, such that the Department can confirm that the Training Provider received the fee for which each Eligible Individual was invoiced, in respect of each Eligible Individual in relation to whom the Training Provider provides the Training Services; comply with all Laws and standards applicable to the Training Provider relating to recordkeeping, including the recordkeeping requirements outlined in the Regulatory AQTF and/or the VET Quality Framework including the National RTO Standards, PDP Act, and the Electronic Transactions (Victoria) Act 2000 (Vic); keep accounting Records in relation to the Funds provided by the Department under this VET Funding Contract in such a manner as to enable them to be audited by the Auditor-General of Victoria or any other entity as directed by the Department; and not make or amend Records such that they are not accurate. Where the Training Provider identifies, through its continuous improvement processes or otherwise, the need to amend a Record, the Training Provider must take steps to document the amendment(s) such that a reasonable person could ascertain the nature of and rationale for the amendment(s) in a straightforward way. If the Training Provider is required or requested for the purpose of either this Clause 10 or Clause 11 to make available or provide any information, Record or other document, and the Training Provider fails to do so within a reasonable time, or where relevant, by the specified time, then the information, Record or document will be deemed not to exist, and for the purpose of this VET Funding Contract any activity that that information, Record or document would have evidenced will be deemed not to have occurred or been carried out, and the Department may exercise all rights available to it on that basis. Without limiting any other requirements under this VET Funding Contract, the Training Provider must ensure that its systems, processes and practices for the generation, creation, collation, amendment, retention and storage of Records, including metadata associated with any electronic Records, are adequate to demonstrate to a reasonable standard that each of the Records (including any Records made available to or accessed by the Department, Department or its authorised representatives or any other person entitled to such access access, pursuant to this VET Funding Contract) is complete, accurate and authentic and has not been amended except in accordance with Clause 10.9(h).

Accounts and Records. Records generally This Clause 10 does not limit the other obligations of the Training Provider with respect to Records and recordkeeping, including obligations in the Regulatory Standards as applicable, and obligations under any other applicable Law. On termination or expiry of Term of this VET Funding Contract, the Training Provider will retain ownership and custody of its Records. Accounting and record-keeping obligations The Training Provider must implement and administer a recordkeeping system that creates and maintains full and accurate hard copy and/or electronic Records for all Training Services provided by the Training Provider, in sufficient detail to allow the Department to determine the Training Provider's compliance with this VET Funding Contract and the accuracy of the reports and claims for payment submitted under this VET Funding Contract. The Department may, at any time, direct the Training Provider to maintain or retain Records that the Training Provider is not then retaining, if the Department considers that the maintenance or retention of such Records is required in order for the Department to confirm the Training Provider's compliance with this VET Funding Contract. The Training Provider must establish and maintain effective security measures to safeguard the Records from unauthorised access or use (including amendment of Records that is inconsistent with Clause 10.9(h)) for as long as those Records are required to be maintained under this VET Funding Contract. The Training Provider must immediately provide access to the Records in the following circumstances: in accordance with any applicable legislation; to the Victorian Auditor-General or Victorian Ombudsman on request in writing; to a government representative on request in writing; and to the Department or an authorised representative of the Department for any purpose connected with this VET Funding Contract. The Training Provider must retain and not dispose of any Records until three years after the Eligible Individual to whom the Records relate has completed or withdrawn from the relevant training course or qualification in which they are enrolled. The Training Provider must ensure that all Records are made available to the Department promptly on request, including taking any number of copies of any Records or other documents as required and determined by the Department (or persons authorised by the Department). The Training Provider indemnifies the Department from and against any Loss suffered or incurred in connection with a breach of the Training Provider's obligations under this Clause 10. Without limiting any of the above obligations in this Clause 10, the Training Provider must: ensure appropriate accounting processes and controls are implemented and administered in connection with this VET Funding Contract, the Training Services and the Funds; keep complete Records and accounts of all dealings connected with this VET Funding Contract, including: all quotations, invoices and receipts, which must contain full particulars of payments made by the Training Provider to its subcontractors and other third parties; and other Records and accounts as required by Law and any relevant regulatory authorities; in addition to its obligations under Clause 11, upon request by the Department, make available to the Department for inspection at a location in Victoria specified by the Department during Business Hours, all Records, and any other documents in its possession, control or power relating to or otherwise used or held by the Training Provider in connection with the Funds or the Training Services or relevant to determining the quality of the Training Services, including copies of any reports or information required by the Department pursuant to Clause 7.1; in addition to its obligations under Clause 11, supply any information reasonably required by the Department for the purposes of this VET Funding Contract, including information sufficient to allow the Department to satisfy itself as to the financial position of the Training Provider, the use of the Funds, the capacity of the Training Provider to deliver the Training Services in respect of Eligible Individuals and/or the delivery by the Training Provider of the Training Services; retain, and make available to the Department, or its auditors or reviewers for audit, review or investigation purposes, all records relating to the Training Services, including: Evidence of Eligibility, Evidence of Concession/Waiver/Exemption, Statements of Fees and Evidence of Participation; in respect of each Pre-Training Review that is required to be conducted, the evidence of that Pre-Training Review required under Clauses 5.1 to 5.4 of Schedule 1; and evidence that the training and assessment provided was appropriate and of high quality as defined in the Quality Charter and meets the requirements set out in Clause 4.1(d); and evidence that the Training Provider has received any and all fees from Eligible Individuals that the Training Provider reported via the SVTS as having charged, and copies of any invoices, or statements provided to the Eligible Individuals, and bank generated transaction statements of the Training Provider’s accounts into which the fees were paid or received, such that the Department can confirm that the Training Provider received the fee for which each Eligible Individual was invoiced, in respect of each Eligible Individual in relation to whom the Training Provider provides the Training Services; comply with all Laws and standards applicable to the Training Provider relating to recordkeeping, including the recordkeeping requirements outlined in the Regulatory Standards, PDP Act, and the Electronic Transactions (Victoria) Act 2000 (Vic); keep accounting Records in relation to the Funds provided by the Department under this VET Funding Contract in such a manner as to enable them to be audited by the Auditor-General of Victoria or any other entity as directed by the Department; and not make or amend Records such that they are not accurate. Where the Training Provider identifies, through its continuous improvement processes or otherwise, the need to amend a Record, the Training Provider must take steps to document the amendment(s) such that a reasonable person could ascertain the nature of and rationale for the amendment(s) in a straightforward way. If the Training Provider is required or requested for the purpose of either this Clause 10 or Clause 11 to make available or provide any information, Record or other document, and the Training Provider fails to do so within a reasonable time, or where relevant, by the specified time, then the information, Record or document will be deemed not to exist, and for the purpose of this VET Funding Contract any activity that that information, Record or document would have evidenced will be deemed not to have occurred or been carried out, and the Department may exercise all rights available to it on that basis. Without limiting any other requirements under this VET Funding Contract, the Training Provider must ensure that its systems, processes and practices for the generation, creation, collation, amendment, retention and storage of Records, including metadata associated with any electronic Records, are adequate to demonstrate to a reasonable standard that each of the Records (including any Records made available to or accessed by the Department, or its authorised representatives or any other person entitled to such access pursuant to this VET Funding Contract) is complete, accurate and authentic and has not been amended except in accordance with Clause 10.9(h).