Student Handbook

This Student handbook is worth reading, it tells you what is expected from you and what you can expect from us.

We hope that your training with Diverse Training will be enjoyable and productive. Please let us know if you experience any difficulties during your course, so that we can act to assist you. Our aim is for you to achieve high levels of competency and we will assist you flexibly and fairly to achieve your goals.
If you have any questions after reading this material, which are not answered within the following pages, please feel free to contact us.

Sanction
Diverse Training is committed to high standards in the provision of education and training in the use forklifts in the warehousing and logistics sector and of earthmoving machinery in the civil construction sector. The handbook outlines the minimum standards of our organisation in relation to the delivery of our training courses.

The policies set out in this student handbook underpin the operations of our organisation. We recognise that our alignment with a Registered Training Organisation may be withdrawn if we do not honor these obligations.

Courses delivered by Diverse Training
Students will complete one or more units of competency from varies training packages.

Below is a List or the courses delivered by Diverse Training:

Licence to operate a forklift Truck - TLILIC2001
Licence to Operate a Elevating Work Platform - TLILIC2005
Work Safely at Heights - RIIWHS204D
Enter and work in confined spaces - RIIWHS202D
Prepare to work safely in the construction industry - CPCCWHS1001
Conduct civil construction skid steer loader operations - RIIMPO318E
Conduct hydraulic excavator operations - RIIMPO320E / RIIMPO301D
Conduct Wheel Loader Operations - RIIMPO321E / RIIMPO304D
Conduct backhoe/loader operations - RIIMPO319D
Conduct grader operations - RIIMPO310D

What qualification is issued at the successful completion of the course?
For high risk work Licences, students are issued with an Assessment Summary and a Statement of Attainment upon the successful completion of the unit/s of competency of the course. The qualification displays the logo of Nationally Recognised Training, a credential which is recognised throughout Australia. Lodgement of this paperwork with Workplace Health and Safety Queensland (through an online system) will result in the issue of a forklift or EWP licence. A Qld issued high risk work licence is recognised nationally.

For the machinery classes, students are issued with a Statement of Attainment upon the successful completion of the unit/s of competency. The qualification displays the logo of Nationally Recognised Training, a credential which is recognised throughout Australia. The student can use this paperwork as evidence to demonstrate competency on a specific machine to a PCBU (employer). Whilst the training delivered comes from a nationally recognised training package, employers will want to test or verify this competence as part of their hiring or induction process.

For Full Qualifications, students are issued with an Accredited Certificate upon the successful completion of the unit/s of competency of the course. The qualification displays the logo of Nationally Recognised Training, a credential which is recognised throughout Australia.
All Qualifications are issued by an RTO that aligns with Diverse Training for this purpose.

What are competencies?
A competency is a statement about the skills, knowledge and attitudes a learner needs to successfully meet a standard, these statements are contained in each unit. Each unit is often made up of several elements. The assessment of your competency means that students must be able to show, tell and apply evidence and skills, which match these units and elements against a set of key performance competencies and nationally set standards.
Below are the elements for the unit of competency of a forklift truck. Competencies for other machines follow a similar breakdown of elements.

Element 1 – plan work
Inspection of the worksite
Identification of work site hazards and the selection of control measures Communication & Paperwork
Personal Protective Equipment

Element 2 – conduct routine checks
Pre operational check of the forklift Start-up check of forklift truck.

Element 3 – shift load
Operation of forklift truck, including the movement of various loads, pick up and placement of loads from low, medium and high level racking.

Element 4 – shut down and secure forklift
Correct shut down and parking procedure for forklift truck.

The courses delivered by this RTO have been validated by representatives from industry and professional bodies as meeting the minimum training and assessment standards for the purpose of certification for the safe operation of load shifting equipment. (Refer to CDAC).
The issue of this licence (competency card) is the minimum legal requirement of training and assessment standards to operate a specific piece of high risk equipment without supervision. It does not qualify as experience.
Under the new 2012 Legislation, the duty of care for an employer has substantially increased and the “comeback” on WHSQ has diminished the employer will also need to ensure that verification of competency and ongoing training is undertaken to meet workplace regulatory requirements.

Competency based training explained
No two students will arrive at Diverse Training with the same workplace and operational experience. Competency based training allows for this. As you progress through your training course you will be given credits for the skills (called competencies) which you perform well and you will repeat tasks only in areas where you have problems.
In simple terms, competency based training is almost the opposite of a “driving test” i.e. doing it once to pass an exam.
Under competency based assessment you are assessed under a wider range of operating conditions but the assessment is far more flexible than a “driving test” which is a simple pass or fail situation. For any competency to be signed off you must demonstrate it without any errors.
When all the competencies/tasks have been successfully completed in your workbook / logbook you are ready to undertake your final practical competency based assessment. Therefore, it is obvious that students will progress at a different learning pace; good operators may struggle to grasp the theory, whereas a workplace manager may fly through the theory but lack confidence when operating the machine. Your workbook / logbook will be retained by Diverse Training as a record of your training and assessment.
However, due to the high-risk nature of this activity, even after you have fulfilled the requirements of the course, as a final test of competency you will sit the mandatory challenge tests (theory and practical) supplied by Safe Work Australia (SWA). The Assessor will evaluate you against this National assessment instrument for a final determination of competency.
There is no way around these exams; everyone must do them, regardless of which training organisation a student chooses to use. The Assessor will then issue your Statement of Attainment and your Assessment Summary if a successful outcome is achieved, which is the paperwork necessary for you to apply for your high-risk Forklift Licence.
For the machinery classes, students are issued with a Statement of Attainment and a “competency card” upon the successful completion of the unit/s of competency of the course. The qualification displays the logo of Nationally Recognised Training, a credential which is recognised throughout Australia. The student can use this paperwork as evidence to demonstrate competency on a specific machine to a PCBU.

Access, equity, client selection, entry & admission
There are no specific entry requirements for this course; however, for the high-risk work licences, regulatory authorities stipulate a minimum age of 18 years at time of assessment to meet licensing regulations within their jurisdiction. It is also a condition of licensing that students must be able to speak and understand English to hold a licence given the safety issues involved with operating machinery.
With the de-regulation of the earthmoving classes, whilst trainees younger than 18 years of age are now legally permitted to be operating earthmoving machinery. Ultimately, the responsibility of letting a young person operate a machine lies with the PCBU.

Diverse Training endorses the national equity strategy by incorporation the principles of equity into all programs. All the staff at Diverse Training have been instructed in their responsibilities with regards to Access and Equity principles.

Clients have equitable access to all programs irrespective of their gender, culture, linguistic background, race, location, socio-economic background or disability.
Admission procedures will therefore be free of discrimination, and if an individual does not meet entry requirements, all attempts are made to assist them to identify alternative courses of action.

Possible vocational pathways
Refer to the website www.diversetraining.com.au Course Information and Price List for the possible vocational pathways.

Fees & charges
For details of fees and charges please refer to the website www.diversetraining.com.au
Courses must be paid in full prior to the completion of the final course assessment and issuance of paperwork.

For longer courses (i.e. 3 or 5 day courses) individual students may be asked to pay a deposit of up to $400 to secure their place at the time of the course booking, with the balance paid on the completion of the course assessment.

Clients who booked a course, then failed to show up on the day and who wish to re-book will be asked to pay a maximum deposit of $400 to secure a place on a course and ensure their attendance, at the time of re-booking. The balance of the course fees are required to be paid on the completion of the course assessment. Please note that the amount to be paid will be the full value of the course if that course is less than $400.

Any fees paid in advance will be placed into an account on trust and are available for refund in accordance with our Fees and Refund procedure
We accept payment by direct bank transfer, cash, MasterCard and Visa (no Amex or Diners)

Employers can be invoiced on completion of the course providing a purchase order authorisation has been received. In the case of 2 stage courses, it is normal practice to invoice employers for the whole course at the end of the formal (theory) training session.
Our payment terms are 7 days from the invoice date.

Re-assessment fees
During your course, you will be given up to 1 opportunity to pass each part of the assessment as part of your course fee. After this we reserve the right to charge a re-assessment fee of $50 or more, depending on the timeline that have elapsed since the original assessment was undertaken.

Student services, welfare and guidance
All clients of Diverse Training are treated as individuals and are offered advice and support services which assist clients in achieving their identified outcomes relevant to the training products. Diverse Training does not offer formal welfare or guidance services but every effort will be made to assist clients to access appropriate support agencies. Where necessary, students requiring Literacy and/or Numeracy support will be directed to external relevant qualified experts. Any fees incurred are the responsibility of the student.

Language, literacy and numeracy
In the field of Licensing for high risk work, it is a condition of licensing that students must be able to speak and understand English to undertake any of our HRW Licence courses. This is due to the potential safety issues that could arise from not understanding basic work instructions such as “stop” “danger” etc.
In order that everyone can be safe whilst carrying out their employment duties in the civil construction sector it is important that workers understand workplace instructions and can complete the necessary workplace paperwork. To test literacy & numeracy, students may be given an industry-appropriate test.
Students with learning difficulties in literacy or numeracy are given reasonable assistance from Diverse Training staff, additional time in examinations. In the written assessment, the whole test can be conducted orally where there is a language or literacy issue. However, because of the high-risk nature of the industry, interpreters are not allowed to act on behalf of students. If it is deemed that a student could possibly require more Literacy and/or Numeracy support, the student may be directed to a Specialist Language & Literacy provider. Any fees incurred are the responsibility of the student.

Students with English as a second language are given assistance such as being able to provide oral responses to some assessments and they are given additional time in theory examinations. However, even if English is their second language it still needs to be at a reasonable enough standard to ensure that workers understand workplace instructions and that they can comple the necessary workplace based paperwork.
Staff members and Instructors are required to observe, identify and immediately act when a student has problems with language, literacy, or numeracy.

Foundation Skills
Foundation skills are those core or essential skills we need to engage successfully in work and life. The term ‘Foundation Skills’ is currently used to include the core skills defined in the Australian Core Skills Framework (ACSF) as well as the employability skills identified by employers as critical for effective performance in the workplace.
The core skills of the ACSF include: -

reading
writing
oral communication
numeracy and
learning

Employability skills' now come under a new framework called Core Skills for Work (CSW) and incorporate skills such as problem solving, teamwork and digital literacy. Although foundation skills are viewed as those that underpin vocational learning and skills development, they should not be interpreted as only low-level or single-level skills. There is a growing recognition that foundation skills range from quite basic, entry-level skills to very specialised or high-level skills. People are constantly challenged when trying to understand new forms of communication and information as they take on different roles throughout their personal and working life.

Enrolment, induction and orientation
Courses consist of small – Medium sized groups to ensure quality training and participation and we run courses on a regular basis. Courses normally commence at 8am and finish mid-afternoon from Monday to Saturday.
Diverse Training conducts an enrolment, induction and orientation program for all its clients including: -

Language, Literacy and Numeracy support;
Venue safety and facility arrangements;
Relevant legislative requirements and accessibility;
Review of the training and assessment program and flexible learning and assessment;
Client support and welfare
Review of Code of Practice
Appeals, complaints and grievance procedures;
Disciplinary procedures; and
Recognition arrangements and credit transfer.

Flexible learning and assessment
Diverse Training is committed to providing flexible delivery and assessment to meet the needs of individual students.
Diverse Training caters for differences in learning styles by using a variety of delivery and assessment methods such as demonstration, role play, observation, problem solving, guidance, mentoring and coaching as well as assistance to train in a workplace environment.

Unemployed at the time of undertaking the course
If a participant does not have access to a suitable workplace to complete the on-the-job training component they will need to discuss with their employment service provider strategies to address this requirement. For the unemployed receiving Government funding, The Agency may be able to find a Vocational Placement for the student that could be incorporated into this Course to reach the required hours of documented log books hours. The student would still have to complete the formal (theory) training and the mandatory challenge tests. It is also possible for the whole course to be conducted in house at Diverse Training.

Recognised prior learning (RPL) and recognised current competency (RCC)
Diverse Training advises all applicants of RPL opportunities and procedures on enrolment. Learners who through prior learning or prior experience believe they have gained competence in the operation of the specific load shifting equipment may be granted RPL upon substantiation of that claim. However due to the high-risk nature of this activity, The RTO is still required to submit that student for a mandatory challenge test (written and theory) to demonstrate competence against the OHS assessment instrument.
Evidence for credit of prior learning may include, but is not limited to evidence of current competency i.e. competency certificate gained in a different industry sector, i.e.

The mines
Overseas licence
Expired Licence
Portfolio, logbook, references, an expired or overseas licence, projects or assignments
Written presentation
Interview

It is worth remembering that it is not whether you believe you can fulfil the elements of competency to the criteria set down in the instruments but that you can prove that you do – that is important.

In simple terms we as a Training Organisation will apply the 4 Rules of evidence when looking at the application: -

Current

Does the experience relate to the immediate past not experience gained 18 years ago and is therefore relevant?

Valid

Does the experience relate to the machine you are applying for RPL on – a truck licence does not correlate to a forklift licence?

Authentic

Is the work /experience your own

Sufficient

If all the 3 above are “ticked off” the Assessor then makes a judgement whether the evidence is sufficient to demonstrate the underpinning knowledge and practical skills necessary.

RPL/RCC is available for all the different machines that we offer licensing/competency cards for. The performance criteria set out in the Assessment Instruments supplied by Workplace Health and Safety Queensland set the RPL/RCC benchmarks. Our in house validated assessment instruments set the benchmark for our earthmoving competencies.

Students may complete an RPL application form on request. Successful students are notified as promptly as possible of the RPL/RCC outcome and what they must do to obtain their Licence/competency card. The RPL Co-ordinator advises unsuccessful students of reasons for non-recognition and steps they can take, including appeal mechanisms.

RPL Procedure

Request application form
Complete application
Return application form with supporting evidence
Application is assessed within 10 days.
Applicant is promptly advised of Recognised Prior Learning outcome and advised of the pathway through to further “gap” training or assessment.

Credit Transfer
Students may be entitled to a credit transfer of existing competencies in the following circumstances:

Successful RPL/RCC application.
Completed units of competency from the relevant National Training Package are classed as equivalent units in training.gov.au.

Anyone that has worked in another regulated work environment may be entitled to a dispensation from submitting a Statement of Attainment / Assessment Summary for a licence application on the grounds of a qualification obtained in their previous environment. Anyone in this situation will need to make application direct to WHSQ with relevant supporting information to allow consideration of the application. The same approach should be applied for dispensation on the grounds of overseas qualifications. Please contact www.justice.qld.gov.au or 1300 369 915. However, it must be said that successful applications for ‘transfers’ are very rare, most applications result in re-direction to a RTO such as ourselves for ‘gap training’ and re-certification to a nationally recognised qualification in Australia.

Training and assessment standards
Diverse Training has trainers and assessor with the appropriate qualifications and experience to deliver the training and facilitate the assessment relevant to the training products offered. Assessment will meet the National Assessment Principles including recognition of prior learning and credit transfer. Adequate training materials and physical resources are utilised to ensure the learning outcomes of the training product can be achieved. Appeals procedures are in place for students who are not satisfied with assessment or training. All assessments processed are valid, reliable, flexible and fair. Students are advised on assessment requirements before training commences.

Training
Our training is conducted in small groups to ensure maximum participation. Our staff take the initiative to engage with each student on their level to enhance the training experience. Where possible we will tailor the needs of your training to the environment you work in. If you have any questions at any time after the completion of your course, we will be available to answer them for you,even if it is weeks down the track.

Assessment criteria
The objective is for the student to show that they have achieved competency.
With the high-risk work licences, due to the high-risk nature of this activity, even if a person satisfies the underpinning knowledge and practical skill formation requirements, the Trainer/Assessor is still required to submit that student for a mandatory challenge test (written followed by a practical test) for final determination of competency. Pass rate on both of the tests is 100%.
Students should remember that, with competency based training and assessment they are being assessed from the moment they are with a trainer or assessor not just during the exam. All three Assessments are done at the end of the course after all the theory and practical training has been completed. WHSQ have a 3-business day notification period for any forklift and EWP assessments or re-assessments.

They have implemented this system to keep a tighter control over the industry and the issuance of licences. Inspectors will attend the work site of the applicant and ensure that the employer, training supervisors and the assessor are complying with their obligations under WHS Regulations with regard to the applicant.

Students may also be assessed by one or more of the following methods:

Observation

The completion of a specified task or set of procedures, normally performed under close supervision, using a detailed checklist i.e. logbook.

Oral Questioning

A response is provided by a series of questions presented to demonstrate understanding of principles or reasoning behind the action taken.

Case Study

An opportunity to display problem solving and decision-making skills is provided in simulated context.

Written Short Answer

A written response item consisting of a question/s with answers of a single word, a few words, a sentence, or a paragraph.

Project

An exercise or investigation based on a real-life situation, generally requiring a significant part of the work being carried out without supervision, and involving the completion of a project report. However, this is not an assessment method that we use very often at Diverse Training

Or any other method outlined in the course information.

Principles of assessment
The Four Principles of Assessment state that assessments must be: -

Valid

An assessment is valid if the assessment methods and materials reflect the elements, performance criteria and critical aspects of evidence in the evidence guide of the unit(s) of competency, and if the assessment outcome is fully supported by the evidence gathered.

Reliable

Refers to the degree of consistency and accuracy of the assessment outcomes. That is, the extent to which the assessment will provide similar outcomes for candidates with equal competence at different times or places, regardless of the assessor conducting the assessment.

Flexible

Flexibility refers to the opportunity for a candidate to negotiate certain aspects of their assessment (for example, timing) with their assessor

Fair.

The assessment does not advantage or disadvantage learners or groups of learners. Assessors must ensure that assessment decisions involve the evaluation of sufficient evidence to enable a judgment to be made on the competence of the candidate.

Theory / Written Exam – in a nutshell

The assessment is made up of 58 questions for the forklift, 68 for the EWP
It is not multiple choice but a series of short statements or one word answers
It is a closed book assessment, i.e. you cannot take any learning materials or notes in with you
It is permissible to undertake the theory exam orally for students who struggle with written English, however you must be able speak and understand English easily.
It is not permissible to have an interpreter.
The maximum allowable time is 2-3 hours
A 100% pass mark is required for competency

Load Calculation Exam –

For the forklift and EWP there is also a load calculation test, 8 questions for the forklift and 2 for the EWP
It is a closed book assessment, i.e. you cannot take any learning materials or notes in with you
You cannot do the test orally
You must show your formula / working out
You can use a basic calculator
It is not permissible to have an interpreter.
The maximum allowable time is 1 hour
A 100% pass mark is required for competency

Practical test –

Evaluate the worksite
Identify any hazards within the work area
Conduct a detailed pre-operation check
Plan work, make sure machine capable of doing the job you are asking it to do
For the forklift and order picker - Shift a series of loads by racking or stacking to the National Load Shifting Standard and negotiate a series of obstacles and chicanes
For the Earthmoving machinery - Excavate or Shift a series of loads, allowing for the terrain and choice of attachment etc. to the unit of competency
Demonstrate good safe operations always
Correct post operational checks and shut down procedures
A practical Assessment usually takes up to 1 hour to complete
A 100% pass mark is required for competency.

After either the theory, calculation (forklift and order picker only) or the practical assessment the assessor will identify any areas of the assessment where competency was not achieved by you. Any issues will be discussed with you with a view to explaining to the correct response and the importance of that element. Pathways for additional training and re-assessment will then be discussed with you.
If your failure to achieve competency was for something minor, you may be able to have a short break and re-take the exam (or part of that exam) on the same day. If it was a major shortfall in your theoretical knowledge, you may be given some additional material to pre-study at home and re-take the theory exam later. Or if it was a major practical skill shortfall, you may have to undergo additional training at our facility or record some further hours in your logbook in your workplace. If you wish to appeal your assessment result, you may first discuss the issue with the Assessor. If you would like to proceed further with the request after this discussion, you must make a formal request in writing outlining the reason(s) for the appeal within five days of receipt of assessment results, and it will enter an appeals process.
Students will be advised of the detailed assessment methodology before training commences. If, at any time, you are endangering yourself or others, you will be requested to stop the assessment immediately. This would indicate that you are not yet competent and may require further training, before being reassessed. Assessments will also be stopped, if equipment or property is likely to be damaged.

On Completion of a training course, the trainee will be able to:

Understand the theory behind the safe operation of the piece of machinery they are training for
Name all the main components of that machine and have knowledge of some of the main type of attachments
Have a basic understanding of WHS Legislation and Compliance and the use of Use of Personal Protective Equipment
Be able to undertake Hazard identification and site evaluation in the workplace
Be able to conduct Pre and Post Operational Checks, and understand their importance
Operate a machine in the Correct manner i.e. speed and stability of load etc.
Have an understanding and basic experience of Working in Pallet Racking System - stacking and unstacking various loads from a range of heights and in a narrow-confined area in a safe manner, if driving a forklift
Have an understanding and basic experience of shifting / excavating a load if driving a piece of earthmoving machinery
Carry out a post operational check and safe shut down procedure and understand the importance of such checks.

Issue of certification
Diverse Training will facilitate students with the issuance of a licence if a forklift or order picker course is undertaken.
The Assessment Summary will be issued promptly after the conclusion of the theory test (if only the written test undertaken) or both the practical and theory test if whole challenge test conducted.

In most instances Statements of Attainment will be issued promptly at the end of the course as this fits with our administration process. However, legally an RTO does have up to 30 days on successful completion of the program to issue a Statement of Attainment. It may be necessary to do this if a course has been delivered on site for you. Qualifications will meet the requirements of the training package/product and legislation.
With the introduction of the new 2012 Workplace Health and Safety Legislation, the assessment summary acts as a temporary interim licence for forklift or order picker operators for up to 60 days, to give an operator the time to apply online and lodge a licence application. If after 60 days, an application has not been made for a high-risk work licence, the operator is no longer legally covered under legislation to operate a forklift or order picker. He / she will need to arrange to be re-assessed (at a minimum) and be issued to a replacement set of paperwork to be able to apply for a licence.
It was felt that at a National level that the de-regulation will not make the earthmoving industry unsafe. In the old system, if someone held a licence, it was just assumed that they were competent; very few checks were ever made. Under the new system all the responsibility lies with the employers and their duty of care. Employers are going to have to put checks and training in place to make sure their employees are competent.
It may take a while for industry to catch up with these changes but the increases in penalties and fines may assist with ensuring employers in the industry and doing the right thing.
The Forklift and EWP were re-classified as High Risk Work Licences as at 1st July 2008 and these 2 licence classes now consist of a photographic licence, renewable every five years. For a high-risk work licence, a Trainee must make sure they apply online within 60 days of the Issuance of their Statement of Attainment for their Forklift or EWP Licence. Failure to do this will result in the applicant having to re-sit re-assessment or further training and re-assessment (depending how long the application for a Licence is overdue by) at additional charges to themselves or their employer.
Both the Forklift and EWP (High Risk Work Licences) and the Earthmoving Classes are subject to candidates satisfying the “100-point identification process” specified by Workplace Health and Safety Queensland before a licence can be issued (please refer to the table of acceptable identification in the Course Information and Price Booklet).
Students will be advised of their Forklift, EWP or Machinery Licence issuance procedure as they achieve competency and Diverse Training facilitates with their paperwork for the issuance of their Licence / competency card. However, please be aware that if the theory part of the challenge test is taken and for any reason, a 3 month time span elapses before a student sits the practical part of the test, unless the student can show “good cause” the theory test will have to be re-taken to show currency. There are some strict timelines that must be adhered to regarding assessments and re- assessments; these will be dealt with on a student by student basis depending upon circumstances etc.

Legislative requirements
Diverse Training ensures that compliance with Commonwealth, State/Territory Legislation and regulatory requirements relevant to its operation is integrated into its policies and procedures and that compliance is maintained.
1 Acts
These are Laws to protect the health, safety and welfare of people at work
2. Regulations
Give more details or information on parts of the Act.
3. Codes of Practice
Practical instructions on how to meet the terms of the Law.
4. Australian Standards
Minimum levels of performance or quality for a hazard, work process or product.

Diverse Training identifies and complies with relevant State or Territory laws including Commonwealth or State Territory Legislation including:

Anti-Discrimination Act 1991
Australian Human Rights Commission Act 1986 (Federal)
Australian Privacy Principles ('APPs')
AS2359 Australian Standard for Powered Industrial Lift Trucks
Code of Practice Excavation work
Code of Practice Managing risks in construction work
Code of Practice Managing electrical risks at the workplace
Code of Practice Managing risks of plant in the workplace.
Conditions of Accreditation for a High Risk Work Assessor (WHSQ)
Copyright Act 1968
Department of Transport and Main Roads regulatory requirements
Disability Discrimination Act 1992 (Federal)
Electrical Safety Act (2002)
Electrical Safety Regulation (2013)
Environmental Protection Act 1994
Fair Work Act 2009
Financial Transactions Reports Act 1988
Freedom of Information Act 1992
Further Education and Training Act 2014
Heavy Vehicle National Law Act 2012
Current NVR Standards for Registered Training Organisations 2015
Oaths Act 1867 (Part 4)
Penalties and Sentences Act 1991
Prevention of Workplace Harassment Code of Practice 2004
Privacy Amendment (enhancing Privacy Protection) Act 2012
Privacy Regulation 2013
Queensland Information Privacy Act 2009
Queensland Police (enforcement of the road rules)
Racial Discrimination Act 1975
Sex Discrimination Act 1984 (Federal)
Student Identifier Act 2014
VET Quality Framework
Worker’s Compensation & Rehabilitation Act 2003
Workplace Gender Equality Act 2012
Work Health and Safety Act 2011
Work Health and Safety Regulation 2011
Workplace Relations Act 1996

This legislation can be accessed by either contacting Diverse Training or through the internet at www.legislation.qld.gov.au. It can also be accessed by typing the name of the Act or Legislation into a web browser and undertaking an internet search.

WHS
Diverse Training ensures WHS by advising all staff and students of their obligations under the legislation and managing the safety hazards associated with the performance of business activity by identifying them and applying appropriate controls.

The WHS Act aims to:

protect the health and safety of workers and other people by eliminating or reducing workplace risks
ensure effective representation, consultation and cooperation to address health and safety issues in the workplace
encourage unions and employers to take a constructive role in improving health and safety practices
promote information, education and training on health and safety
provide effective compliance and enforcement measures
deliver continuous improvement and progressively higher standards of health and safety.

Throughout the WHS Act, the meaning of health includes psychological health as well as physical health.

Reasonably practicable (section 18 – Work Health and Safety Act 2011)
The guiding principle of the WHS Act is that all people are given the highest level of health and safety protection from hazards arising from work, so far as is reasonably practicable.
The term ‘reasonably practicable’ means what could reasonably be done at a particular time to ensure health and safety measures were in place. In determining what is reasonably practicable, there is a requirement to weigh up all relevant matters including:

the likelihood of a hazard or risk occurring (i.e. the probability of a person being exposed to harm)
the degree of harm that would result if the hazard or risk occurred
the availability of suitable ways to eliminate or minimise the hazard or risk
the cost of eliminating or minimising the hazard or risk.

Ordinarily, cost will not be the key factor in determining what it is reasonable for a duty holder to do unless it can be shown to be ‘grossly disproportionate’ to the risk. If the risk is particularly severe, a PCBU will need to demonstrate that costly safety measures are not reasonably practicable due to their expense and that other less costly measures could also effectively minimise the risk (i.e. the potential seriousness of injury or harm).

what the person concerned knows, or ought to reasonably know, about the hazard or risk and ways of eliminating or minimising it

Worker’s compensation and rehabilitation
Diverse Training actively promotes the prevention of work related injury and disease through constant supervision and advice to staff and students. In the event of injury, Diverse Training meets its obligation to provide benefits by maintaining appropriate Worker’s Compensation insurance.

Anti-discrimination
Diverse Training promotes equality of opportunity for everyone by protecting them from unfair discrimination in work and education by maintaining a strict policy of anti-discrimination on the grounds of sex, pregnancy, race, colour, religion, ethnicity, marital status, physical/intellectual disability, homosexuality and age. Every effort is made to keep off-the job and on-the-job situations free from unlawful discrimination and sexual harassment. In a multicultural student population, this is an important focus of our overall policy. Where it is felt discrimination has occurred, complaints on any of these issues are considered seriously.

Equal employment opportunity
EEO is part of Diverse Training philosophy and is firmly adhered to. Diverse Training endeavors to ensure that staff members are free from unlawful discrimination and harassment and that every opportunity is afforded to staff to improve their knowledge and skills to enhance their job prospects. Matters related to EEO are discussed at staff meetings and included, where needed, in staff bulletins and circulars.

Harassment
Diverse Training does not condone victimisation, bullying or any repeated behaviour to any person, by their staff or students that is unsolicited or unwanted of an offensive threatening intimidating or humiliating nature. Any issues will be dealt with through consultation and mediation.

The VET Quality Framework
The VET quality framework and the standards for registered training organisations form the framework of how an RTO’s Governance and operations need to run.
The VET Quality Framework is made up of the:-

Current Standards for Registered Training Organisations,
the Fit and Proper Person Requirements,
the Data Provision Requirements
the Financial Viability Risk Assessment Requirements

As part of the above Diverse Training can be subject to rigorous audits by many Government Departments and bound by the rules and regulations of the Standards for Registered Training Organisations to maintain its’ Registered Training Organisation status allowing for the delivery of nationally accredited training, assessment and qualifications.

Industry specific legislation & relevant material
Diverse Training will also refer and adhere to other industry specific Legislation such as TORUMS (Transport Operations Road Use Management) for road rules and Legislation that relates directly to the issuance of National High Risk Work Licences etc.

Privacy

Collection of Personal Information

Personal Information is information that allows others to identify you. It may include your name, age, gender, contact details, health information, work history and experience, current salary. We will collect most personal information directly from you. There may also be occasions when we need to source personal information about you from a third party. (See below: Exchange of Personal Information with Third Parties).

Sensitive Information

We will only collect sensitive information with your consent, unless we are required to collect that information by law. Sensitive information is legally defined as any information about a person’s racial or ethnic origin, political opinion, and membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, criminal record or health information. Sensitive information will only be collected for the purpose of establishing and maintaining our relationship with you, and we will always explain the purpose for collecting it.

How we use your Personal Information

We only collect personal information that is necessary to perform our functions and activities. The primary purpose for Diverse Training collecting your personal information is to place you in a position of gainful employment, career planning and progression or to enroll you into an educational course. If you do not provide this information, we may not be able to deal with you, or provide you with our services.

Diverse Training may also use or disclose your personal information for purposes such as:

Helping us to develop and identify products and services that may interest you;
Answering any queries you may have;
Considering your employment applications;
Addressing any feedback or complaints you may have
Maintaining our relationship with you;
Conducting market or customer service research;
Performing our internal administration and operations including: accounting, risk management, record keeping, archiving, systems development and testing, credit scoring, and staff training;
Complying with legislative and regulatory requirements;
Developing, establishing and administering business alliances and other arrangements with other organisations in relation to the promotion, administration and use of our respective services;
Any purpose for which it was requested and directly related purposes;
Developing, improving and marketing our products and services;

Exchange of Personal Information with Third Parties

Diverse Training may need to disclose your personal information to:

Any government department or apprenticeship/traineeship authorities and their employer if they are undertaking apprenticeship/traineeship studies
Their secondary school and parents if they are undertaking Vocational Education and Training in a VET in the VCE or schools program, providing confidentially is assured.
Any entity to which we are required or authorised by or under law to disclose such information (for example, Federal or State law enforcement agencies and investigation agencies, courts and various Federal and State organisations);
To prospective employers;
To others that you have been informed at the time any personal information is collected from you;
To our business associates and others for purposes directly related to the purpose for which the personal information was collected;
With your consent (express or implied), to others.

We may also obtain personal information from some or all the above, as well as your referees and previous employers, to enable us to provide our services or products to you. When we obtain personal information from third parties whom we are referred to by you, we will assume and you will ensure that you have made the third party aware of the referral of the persons and purposes involved in the collection, use and disclosure of the personal information.

Storage and Security of Personal Information

We protect any personal information that we hold about you from any loss, misuse or unauthorised access, modification or disclosure. Your information may be stored in hard copy form or electronically in our systems. Our physical security consists of locks and security systems over our data stores and premises.

Our computer and network safeguards include, but are not limited to:

Restricting access to our computer systems and physical records to authorised persons and preventing users from accessing information they have no need to access;
Requiring employees to use unique passwords to gain access to systems. These passwords are changed regularly and their use is independently monitored;
Employing firewalls, intrusion detection systems, attachment filtering and virus scanning tools to prevent unauthorised persons and viruses from entering our systems.

Appropriate arrangements are implemented to ensure that access to computerised records is granted only to staff requiring such access during their duties. Computer access passwords are intended as security devices and staff are not permitted to disclose their password to others.

Accessing your Personal Information

You can request us, in writing, to provide you with access to the personal information we hold about you. We will respond to your access request as soon as possible, in the manner that you have requested.

If circumstances apply, the Privacy Act permits Diverse Training to deny your request or limit the access we provide. If your access is denied or limited, you will be informed of the reason. If you wish to access information held by Diverse Training, you will need to write to: Diverse Training, via info@diverse-training.com.au

Marketing

As part of our service to you, Diverse Training may use personal information collected to identify products and services that may benefit you. We may contact you periodically to inform you about new or existing products or services. However, you may contact us at any time if you do not want to receive marketing information from Diverse Training. Diverse Training does not disclose personal information to third parties for the purposes of allowing them to market their products and services.

Up-to-date Personal Information

Diverse Training will take all reasonable steps to ensure that your personal information is accurate, complete and up-to-date at the time of collecting, using or disclosing the information. Should you inform us that any of the current information that we hold about you is inaccurate, incomplete or outdated, we will promptly update that information.

Web site Security and Privacy

Diverse Training uses the Internet as a means of conducting its business, advertising available job positions and interacting with its customers. Diverse Training continually maintains and monitors its online security systems relating to its own website to ensure your personal information is appropriately protected. Diverse Training may also conduct business by advertising available job positions on websites operated by third parties unrelated to Diverse Training. Diverse Training has no control or power over the conduct of and security measures used in these websites. You must make your own inquiries regarding the privacy policy adopted by the operators of the websites.

Change to this Policy

From time to time it Diverse Training may amend this Privacy Policy.

Consent

Personal information is usually used or disclosed only after obtaining your consent. Your consent can be express or implied. If you continue dealing with Diverse Training and using Diverse Training products and services after being provided with this Privacy Policy, you are deemed to consent to Diverse Training collecting and using your personal information in accordance with this Privacy Policy.

Insurances
Diverse Training ensures that it has all the insurance cover necessary to carry out its business including:
Workers Compensation Insurance; Public Liability Insurance; Professional Indemnity Insurance;

Quality management focus
Diverse Training has a commitment to providing a quality service with a focus on continuous improvement. Diverse Training values feedback from students, employers, and industry representatives.

Marketing and advertising
Diverse Training markets training products with integrity, accuracy and professionalism, avoiding vague and ambiguous statements. In the provision of information, no false or misleading comparisons are drawn with any other Training Providers. Diverse Training marketing strategies will not contravene legislation.
The names of training packages, qualifications and/or accredited courses listed in advertising material will comply with name/title, as endorsed by the National Registration and Accreditation Program.

Mutual recognition
Diverse Training recognises the assessment decisions of and Statements of Attainment Qualifications issued by another RTO whilst taking into consideration the conditions placed upon it by other Regulators.

Complaint policy and procedure
In the event that a student has a complaint concerning any matter in relation to the training or the organisation, there is a process in place to ensure that the issue can be resolved amicably. All records of any complaint will be kept on file. In the event of a client wishing to lodge a complaint, a formal or informal approach will initially need to be made by the client (or a nominated representative chosen by the client) to the client’s trainer/assessor. This complaint will be recorded in writing by Diverse Training. If, however, the complaint involves the client’s trainer/assessor, a formal or informal approach will need to be made by the client (or a nominated representative) to the Director.

All attempts will be made by Diverse Training to resolve the complaint internally with all parties involved. If, however, the complaint cannot be resolved internally, an appropriate legal or independent impartial body will be approached immediately to act as an objective and impartial arbitrator. The client will be consulted as to the selection of the appropriate legal/impartial body. Diverse Training will allow the client to be represented by a third party in any subsequent discussion.

Discipline policy
All Diverse Training clients are expected to take responsibility in line with all current workplace practices and legislation for their own learning and behaviour during both on and off the job training and assessment. Students must not be under the influence of alcohol or drugs, due to the high risk nature of the machinery. Any breaches of discipline will result in the client being given a verbal warning. Instructors are empowered to take reasonable disciplinary actions against a Student if any serious incident occurs. For serious offences, enrolment may be cancelled.

Termination of enrolment
Under its Quality Assurance Procedures Diverse Training reserves, the right to terminate a student’s enrolment should the student:

Endanger the health and safety of another student or a teacher/trainer
Engage in the falsification of documents and /or assessments and training outcomes;
Divulge personal or confidential information relating to another student’s documents, assessment and training outcomes;
Prevent other student/s from completing their course of study in reasonable peace and privacy;
Refuse to act in accordance with any rules and regulations prescribed by the RTO that designed to protect the wellbeing of others, e.g. Smoking policies.
Furthermore, any teacher/trainer employed by Diverse Training who violates student’s rights or engages in any activity that causes stress or disadvantage to any student/client will be subject to disciplinary procedures that may involve termination of services.

Appeals process
An appeals and reassessment process is an integral part of all training and assessment pathways leading to a nationally recognised qualification or Statement of Attainment under the Australian Qualification Framework. A fair and impartial appeals process is available to clients of Diverse Training. If a client wishes to appeal his/her assessment result, he/she may first discuss the issue with the trainer/assessor. If the client would like to proceed further with the request after discussions with the trainer/assessor, a formal request is made in writing outlining the reason(s) for the within five days of receipt of assessment results. All discussions will be documented on Diverse Training Complaints Form. This will be a written summary of the dispute. If the matter is resolved at this stage, the complainant will receive written notification of the outcome within 5 days of the resolution and the reasons for the decision.
Every effort is made to settle the appeal to both the client’s and Diverse Training’s satisfaction. Each appeal will be heard by an independent person or panel. Each applicant has an opportunity to formally present his or her case and is given a written statement of the appeal outcomes, including reasons for the decision. Students have the right to have a support person present at any time during any complaint or grievance process. Should the outcome not be acceptable to the client, they will be informed, in writing, of the opportunity to lodge a complaint with the State Registration Authority.

Students are able to express a complaint or appeal without concern of retribution and have the matter/s addressed in a manner which is amicable and non-threatening. Any person who makes a complaint or has a grievance will not be subject to any reprisal as a result of them registering such a complaint or grievance. This includes any subtle or implied reprisal. All complaints and appeals will be treated in both a confidential and caring manner.
The RTO will formally act on the subject of any complaint found to be substantiated.
Refund policy
Diverse Training will provide a fair and equitable refund policy and procedure that is compliant with NVR Standards for Registered Training Organisation.

Individual Student Refunds
Course reservations must be cancelled at least 24 hours prior to the commencement of a course for a full refund of any fees paid.
There will be no refund or credit given to anyone who has paid a deposit, if the student is a no show on the day of the course, after the student confirmed that they would be there when the pre-course telephone reminders were made. The deposit will be forfeited. When giving a student a refund, Diverse Training will provide a written statement that explains how the amount has been worked out. Should Diverse Training cancel a training course, students are entitled to a full refund or the transfer of funds to a future course.

Company/Agency Refund
The organisation/company will be invoiced accordingly after a purchase order is raised and therefore there will be no up-front fees/charges. If a student leaves half way through a course, the Company will be invoiced for the work done up to that point.

If a company has paid an invoice for a 2 stage course (which we raised after we conducted the formal training) during its normal administrative process and a student leaves their employ before final assessment is conducted a refund will be generated for any training or assessment that was not undertaken.
If a student is a no show on the day of the course, after the student confirmed that they would be there when the pre-course telephone reminders were made, the full value of the purchase order will be invoiced. In all instances the Government Licence fee will be refunded if it has been pre-paid.

Agreeing to the Refund policy, does not remove the right of the student to take further action under Australia’s consumer protection laws or to pursue other legal remedies, should the student be dissatisfied with Management’s decision regarding refund. An application for refund of course fees for any other circumstances must be made in writing to the management. Refunds will be considered on a pro-rata basis for students who fall ill or are injured providing a supporting medical certificate is supplied to us.

Refunds will be paid directly to the person who entered into the contract with the RTO unless written direction to pay someone else is received.
Nature of guarantee to finalise training and assessment If for any reason Diverse Training were unable to finish the course of training the student was
enrolled for. We have arrangements in place with other Training Organisations that “in principle” would be willing to assist the students in completing their certification. However, should this unfortunate event occur, this does not absolve the trainee from their obligations, they would still need to meet all the conditions of the WHS Regulations, Australian Quality Training Framework and the course packaging in regard to finalising their assessment i.e. Training records and compliant logbooks etc.
Training would still need to be paid for under the normal payment terms and conditions. Full refunds would be given for any deposits made in advance if trainees wanted to make alternative arrangements for training.

Records management and student access to personal records
Diverse Training has sound management practices to ensure effective student services. Diverse Training has operational standards to ensure timely issuance of training assessment, results and qualifications. These will be appropriate to competence achieved and issued in accordance with National Guidelines. All student records and documentation will be recorded, kept confidential and securely archived. Students can gain access to their files by request in writing allowing 14 days’ notice.

Withdrawal Policy
Student initiated withdrawal
A student may withdraw from training and assessment services at any time during the time of their enrolment if they no lon