Victorian Current Acts

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 3.1.3

A VET funding contract may provide for or with respect to any of the following—

        (a)     the terms and conditions under which the State will fund vocational education and training programs, services and facilities to be provided by the contractor;

        (b)     that the contractor agrees to deliver vocational education and training programs, services and facilities as part of the government vocational education and training system;

        (c)     the terms and conditions under which the contractor will provide vocational education and training programs, services and facilities as part of the government vocational education and training system;

        (d)     the vocational education and training programs, services and facilities the contractor will provide as part of the government vocational education and training system to government-subsidised vocational education and training students;

        (e)     the performance requirements of vocational education and training programs, services and facilities, including performance requirements, that are to be provided by the contractor and the means by which those performance requirements are to be measured;

        (f)     the terms and conditions under which funding is to be paid by the State to the contractor for providing government‑subsidised vocational education and training;

        (g)     the manner in which the contractor may earn other revenue associated with the delivery of government-subsidised vocational education and training, including the charging of fees to government-subsidised vocational education and training students;

        (h)     the fees, scales of fees or maximum or minimum fees that may be charged to government-subsidised vocational education and training students;

              (i)     the matters in respect of which an order for specific performance may be sought in addition to any other remedy under the contract or this Act;

        (j)     performance requirements for government‑subsidised vocational education and training provided to government-subsidised vocational education and training students belonging to a class of government-subsidised vocational education and training students who are not parties to the contract where that class of students is expressly specified or referred to in the contract as a class of students to which the contract extends;

        (k)     monetary amounts to be paid to the State by the contractor—

              (i)     for a breach of contract;

              (ii)     for a failure (not being a breach of contract) to meet a performance requirement or standard specified in the contract;

              (iii)     on the termination of the contract;

        (l)     the recovery from the contractor by the State of fixed monetary amounts referred to in paragraph (k) in accordance with the contract;

        (m)     the variation of the contract;

        (n)     the transfer, assignment, subcontracting or other dealing with any right, power or duty under the contract;

        (o)     the manner in which the contract may be terminated;

        (p)     rights of access granted to persons authorised by the Secretary for the purposes of monitoring compliance with the contract;

        (q)     matters consequential on the termination of the contract;

        (r)     any other matter required by this Act or the regulations to be specified in a contract;

        (s)     any other matter for or with respect to which the Secretary considers that provision should be made in the public interest.

New s. 3.1.4 inserted by No. 73/2012 s. 10.