ACT Funding Agreement
The ACT Government, through Skills Canberra, contracts RTOs to deliver government subsidised training to eligible students. Under this contract, the ACTFA, RTOs deliver training that addresses the major objectives of the ACT training sector. Training initiatives under the ACTFA may target specific qualifications. Government subsidised training funded under the ACTFA must be from national training packages or nationally accredited courses.
The purpose of the ACTFA is to set out the terms and conditions under which the ACT Government may make available funds towards the cost of an RTO delivering training and assessment under a range of training initiatives. RTOs must hold an approved ACTFA to be eligible to access funds to deliver government subsidised training under any of the following training initiatives in the ACT:
- Skilled Capital
- Australian Apprenticeships (User Choice).
Holding an ACTFA does not guarantee funding. The specific requirements for managing and delivering government subsidised training in the ACT are outlined in the following schedules to the ACTFA:
- ACT Statement of Expectations
- ACT Standards for Delivery of Training
- ACT Standards Compliance Guide for Skilled Capital
- ACT Standards Compliance for Australian Apprenticeships
- Audit Guide for Training Providers in the ACT
For more information and to access each schedule please visit the ACT Quality Framework webpage.
ACTFA Version 1.0: 1 January 2013 – 30 June 2014
ACTFA Version 1.1: 1 July 2014 – 30 June 2015 (extension to the ACTFA Version 1.0)
ACTFA Version 2.0: 1 July 2015 – 30 June 2017 (replaces ACTFA Version 1.1)
ACTFA Version 2.1: 1 July 2017 – 30 June 2018 (replaces ACTFA Version 2.0)
ACTFA Version 2.1
The ACTFA Version 2.1 contains some new provisions and amendments to clarify the rights and obligations of RTOs. These amendments include:
- Clarification of an RTO’s obligations to comply with the national standards administered by the VET Regulator, the ACT schedules and funding arrangements in other jurisdictions.
- Inclusion of provisions to deal with the manner and conditions upon which an RTO is given access to the ACT Vocational Education and Training Administration Records System (AVETARS) ito manage student enrolments and add qualifications.
- Clear detail of the specific events which may constitute an Event of Default by an RTO.
- Greater flexibility for the Territory to remedy a default by an RTO.
Please note that the above is a summary only, it does not detail or reference every change which has been made and is not a substitute for carefully reading the new ACTFA. Please note that the ACTFA is final and is not open to negotiation.
ACTFA Application Guidelines (618KB)
Applications for a new ACTFA are accepted on a rolling basis. The ACTFA Application Guidelines outline the process for applying for an ACTFA.
The term of ACTFA Version 2.1 is 1 July 2017 – 30 June 2018.
An application must be submitted via the online ACTFA Application SmartForm for all new ACTFA applicants. RTOs that are unsuccessful in obtaining an ACTFA may re-apply after six months from receipt of the determination notice, using a new ACTFA Application SmartForm.
Timeframe for Assessment of Applications
The anticipated assessment timeframe for an application is a minimum of two (2) months. Some applications may take longer than this timeframe depending on any additional information being considered by the Directorate.
Fee for Service delivery
RTOs that wish to offer training under a Fee-for-Service arrangement only, do not require an ACTFA.
More information on Fee-for-Service Delivery is available on the Fee-for-Service Delivery webpage.
Last updated: 2 July 2015
RTO Change of Circumstances Notification
Clause 4 (13) requires ACTFA Recipient’s to notify Skills Canberra in writing within fourteen (14) calendar days of any significant changes in circumstances pertaining to the Agreement.
Any significant change may include, but is not limited to:
any changes to the Recipient’s key personnel responsible for servicing the ACT, including but not limited to changes to its executive or non executive management, chief executive officers or chief financial officer;
the Recipient changed ownership;
the Recipient changing its legal and/or trading name;
the Recipient changing the address of the principle place of business in the ACT.
An RTO can notify Skills Canberra of any change of circumstances by submitting the RTO Change of Circumstances Notification form below or by forwarding a copy of the ASQA notification form by email to email@example.com.
On receipt of notification, Skills Canberra reserves the right to seek further and more detailed information on the change, and may determine at its sole discretion, that such a change is sufficient to require the RTO to re-apply for a new Agreement.
Information regarding subcontracting and other third party arrangements for the delivery of training services
Clause 6 of the ACTFA states the mandatory terms and conditions regarding subcontracting and other third party arrangements.
For the purposes of the ACTFA, the definition of subcontractor and third party is interchangeable (refer Section 21 – Definitions and Interpretation) and has the same meaning as applied by the Australian Skills Quality Authority (ASQA) for the term ‘third party’ (refer Appendix 1 Glossary - Standards for Registered Training Organisations (2015)).
Circumstances in which the Territory considers the arrangement between an ACTFA holder (Recipient) and another party (either an RTO, other entity or individual) constitutes a subcontracting arrangement requiring written approval by the Territory includes, but is not limited to:
- where the Recipient engages an RTO that does not hold an ACTFA or an organisation that is not an RTO, to conduct any training and/or assessment on its behalf
- where any day to day responsibilities for the management of training delivery and /or assessment, for example administration of student records, is deferred to another individual or organisation
The following instances do not, for the purposes of the ACTFA, constitute a subcontract arrangement that requires written approval by the Territory:
- trainers and/or assessors hired as contractors or under an employment agreement
- agencies, organisations or individuals contracted to deliver additional support, wrap around or work experience coordination services
To apply for written approval, both the Recipient and the proposed subcontractor must complete the application form below. Failure to receive approval from Skills Canberra prior to commencing the use of any subcontracted service will be considered a breach of the ACTFA and will constitute a default under Clause 16 of the Agreement.
Information regarding the agreement between the Recipient and the subcontracted party
The written agreement between the Recipient and the subcontractor for the intended subcontracting arrangement must establish the responsibilities of each party; for example, how the Recipient will manage the subcontracting arrangement and ensure compliance with the ACTFA. The written agreement may be the same agreement developed for ASQA’s requirement under 2.3 of the Standards for Registered Training Organisations (RTOs) 2015.
The written agreement must also include the names of all persons employed by the proposed subcontractor who will be involved in the training and/or assessment and their qualifications.
The written agreement must be in place prior to commencing the subcontracted service.