The Director, Transport Safety

MARITIME SAFETY VICTORIA

MSV Marine Licence Training General Terms and Conditions

Between

The Accredited Training Provider (ATP)

Document no: 1 of 6

June 2015 MSV Marine Licence Training General Terms and Conditions

1. Definitions and Interpretations In these MSV Marine Licence Training General Terms and Conditions unless the contrary intention appears the following words have the meaning attributed to them: Accredited Training Provider, or ATP means the entity accredited by the Safety Director to conduct the Training and Assessment: Approved Location means the location for Training and Assessment specified in the ATP Accreditation;

ATP Accreditation means the accreditation granted by the Safety Director to the relevant entity pursuant to section 271F of the MSA as specified in the letter of Accreditation between the Safety Director and the ATP; Australian Skills Quality Authority (ASQA) is the national regulator for Australia’s vocational education and training sector established under the Vocational Education and Training Regulator Act 2011 (Cth). seeking to make sure that the sector's quality is maintained through the effective regulation of vocational education and training providers, and accredited vocational education and training courses; Business means the business of providing approved training and assessment for recreational boat operator training and assessment purposes; Business Day means a day that is not a Saturday, Sunday or a public holiday appointed under the Public Holidays Act 1993 (Vic) including any day appointed by the Minister under section 7 (1) (a) of that act applicable to the Melbourne metropolitan area; Certificate of Attainment means the certificate, provided by the Safety Director, for issue to Eligible Applicants who have passed the Marine Licence Test;

Code of Practice for the purpose of privacy provisions means a code of practice as defined in, and approved under ,the Privacy and Data Protection Act 2014 (Vic); Commencement Date means the commencement of the ATP’s accreditation as specified in the ATP Accreditation; Completion Date means the date of completion specified in the ATP accreditation; Confidential Information means all Information which is either directly or indirectly disclosed provided or made available by the Safety Director to the ATP or acquired by the ATP from the Safety Director (whether orally, electronically, in writing or by any other means) in respect of or in connection with the Training and Assessment, whether before or after the Commencement Date and includes information pertaining to or connected in any way with the Training and Assessment, including but not limited to: (a) Information about the Safety Director or those involved in the Safety Director's activities; (b) Information relating to the internal management and structure of the Safety Director; (c) Information concerning documentation, systems, technology and affairs, operations, processes, plans or inventions and product information (whether customers, suppliers or otherwise); (d) financial, technological, strategic or business information, concepts, plans; (e) strategies, directions or systems; (f) research, development, operational, legal, marketing or accounting information, concepts, plans, strategies, directions or systems; (g) technology, source and object codes for computer software; (h) Information comprised in or relating to any Intellectual Property rights of the State of Victoria, or third parties to whom the Safety Director owes a legal obligation; and (i) know-how relating to computer software, financial techniques and products of the Safety Director; Discharge Notice has the meaning in clause 12.5; Eligible Applicant means a person who: (a) in the case of an applicant for a general marine licence under section 53 of the MSA satisfies the age requirement in section 53(1)(a)(i) of the MSA; or (b) in the case of an applicant for a restricted marine licence under section 54 of the MSA, satisfies the age requirement in section 54(1)(a)(i) of the MSA; and (c) is not ineligible to apply for a Marine Licence, and has provided satisfactory evidence of identity to the ATP as outlined in the MSV Marine Licence Training Administration Procedures; Information includes information or data, whether: (a) written, graphical, electronic, oral or in any other form, irrespective of the form in which it was originally provided; (b) provided in writing, graphically, electronically, orally or in any other way; Information Privacy Principles means the principles so identified and set out in the Privacy and Data Protection Act 2014 (Vic); Intellectual Property includes all intellectual property rights, title to, and interests in any jurisdiction whether protectable by statute, at common law or in equity, including without limitation: (a) patents, trade marks, service marks, copyright, registered designs, trade names, domain names, symbols and logos; (b) patent applications and applications to register trade marks, service marks and designs; and (c) techniques, computer programme code, specifications, rights in circuit layouts, ideas, concepts, know-how, data, inventions, discoveries, developments, trade secrets, information and logical sequences (whether or not reduced in writing or other machine or human readable form), and includes any improvements, advancements, modifications, discoveries and developments arising in relation to any of these; Key Personnel means the persons nominated by the ATP to perform the Training and Assessment and includes Nominated Principals, Nominated Liaison Officers, and relevant managers, trainers and assessors and administrative staff; Law means Commonwealth, Victorian and local government legislation, including regulations, by-laws and other subordinate legislation; judicial, administrative or regulatory decrees, judgments or orders, standards, procedures as amended from time to time; Marine Licence means a general marine licence or a restricted marine licence granted by the Safety Director; Marine Licence Test means the theory based test provided to the ATP by the Safety Director; Marine Licence Training means the theory based training provided by the ATP to Eligible Applicants; Maritime Safety Victoria (MSV) is a branch of Transport Safety Victoria, being the division of the Department of Economic Development, Jobs, Transport and Resources dedicated to supporting the Safety Director in the exercise of his powers and functions and collectively referred to as Transport Safety Victoria; MSA means Marine Safety Act 2010 (Vic); MSR means Marine Safety Regulations 2012 (Vic); National Skills Standards Council means the advisory body of that name which provides advice on national standards for the regulation of vocational education and training to the Standing Council on Tertiary Education, Skills and Employment that reports to the Council of Australian Governments; or any successor body, including the Industry & Skills Council Advisory Committee;

Nominated Key Personnel has the meaning in clause 12.5; Nominated Liaison Officer means the person nominated by the ATP to be the contact person in relation to the provision of day to day Training and Assessment; Nominated Principal means the principal of the ATP who will represent the ATP; Private Dwelling means a structure that is intended to have people live in it as permanent residents and includes houses, flats or apartments; Publications means MSV manuals, handbooks, guidelines, procedures documented work practices etc referred to in the ATP Accreditation and the MSV Marine Licence Training General Terms and Conditions .(as amended from time to time); PWC means personal water craft; RTO means a registered training organisation registered by an Australian state or territory recognition authority to deliver training and/or conduct assessments and issue nationally recognised qualifications in accordance with the VET Quality Framework; Safety Director means the Director, Transport Safety, a statutory office established under s 171 of the TIA together with his delegates and the staff members of MSV authorised to act on his behalf (as the context requires); Submission has the meaning in clause 12.6; Suspension Notice has the meaning in clause 21.1; TIA means Transport Integration Act 2010 (Vic); Term means the period specified in clause 5; Terms and Conditions means these MSV Marine Licence Training General Terms and Conditions; Training and Assessment means: theory based Marine Licence Training and the Marine Licence Test to be provided by the ATP to Eligible Applicants;

MSV Marine Licence Training Administration Procedures means the Publication of that name dated June 2015, as amended from time to time; MSV Marine Licence Training Audit Guidelines means the Publication of that name dated June 2015, as amended from time to time; MSV Marine Licence Training Provider Application for Accreditation Form, means the application form of that name, Version 1 dated June 2015, as amended from time to time; MSV Marine Licence Training Standards means the Publication of that name, Version 1 and dated June 2015, as amended from time to time; VET Quality Framework means the Vocational Education and Training framework maintained by the Australian Skills Quality Authority; VicRoads means the Roads Corporation established under the Transport Act 1983 (Vic) and continued under the TIA; Working With Children Check has the meaning given in the Working with Children Act 2005 (Vic).

2. Obligations of ATP 2.1. The ATP must: (a) maintain current registration as an RTO for the Term; and (b) provide to the Safety Director proof of renewal of registration as an RTO: (i) before the expiry date of any current RTO registration; and (ii) at any other time upon request by the Safety Director; and (c) comply with: (i) the particulars noted in the ATP Accreditation; (ii) these Terms and Conditions; (iii) the MSV Marine Licence Training Standards; (iv) the MSV Marine Licence Training Administration Procedures; and (vi) the MSV Marine Licence Training Audit Guidelines. 2.2 For the purposes of clause 2.1(c) above, to the extent that there is an inconsistency between a provision in the terms and conditions noted in the ATP Accreditation and these Terms and Conditions, these Terms and will take precedence to the extent of that inconsistency.

3. Training and Assessment Venue 3.1 The Training and Assessment must be delivered by the ATP in a professional training environment from the Approved Location or any other location that meets the requirements set out in the MSV Marine Licence Training Standards. 3.2 The Training and Assessment must not be delivered in a Private Dwelling unless the Private Dwelling has been approved by the Safety Director.

4. Enrolment of Applicants 4.1 Before enrolling any person to complete the Marine Licence Training or the Marine Licence Test , the ATP must inform all persons seeking to undertake Training and Assessment, of the eligibility criteria to obtain a Marine Licence, as required by section 53 or 54 of the MSA (as applicable), and regulation 30 of the MSR. 4.2 Before enrolling any person to complete the Marine Licence Training or the Marine Licence Test the ATP must: (a) acquire the evidence of identity from that person as specified under the MSV Marine Licence Training Administration Procedures ; and (b) require applicants to complete an enrolment form. 4.3 The ATP must: (a) make records of evidence of identity checks in accordance with the MSV Marine Licence Training Administration Procedures; and (b) document evidence of identity checks in the register of Certificates of Attainment. 4.4 The ATP must ensure that the enrolment form acquired pursuant to clause 4.2(b) above requires the applicant to specify if they are prepared to be contacted by the Safety Director to provide feedback and provide a contact number for feedback. 4.5 The ATP must provide to the applicant a privacy statement in the form of Appendix 2 at the same time that the ATP provides the enrolment form to the applicant.

5. Term These Terms and Conditions shall commence on the Commencement Date and shall continue until the Completion Date unless terminated earlier pursuant to clause 22.

6. Certificates of Attainment 6.1 For Marine Licence Training the ATP will maintain in a Microsoft Excel compatible format, a register of all Certificates of Attainment issued to applicants. The register of Certificates of Attainment maintained by the ATP must include the following information: (a) Certificate of Attainment number; (b) whether the Certificate of Attainment is issued, damaged or void; (c) name of person to whom the Certificate of Attainment was issued; (d) date of course; (e) location of course; (f) name of the trainer; (g) proof of identity evidence provided; (h) outcome e.g. pass mark; (i) certificate type e.g. Marine Licence/PWC; (j) type e.g. first assessment / re-assessment; (k) subject to the applicant’s approval, authority for the Safety Director to contact the applicant to obtain feedback; (l) where authority has been given for the Safety Director to contact the participant to obtain feedback, the contact number of that participant; and (m) the residential postcode of the person to whom the Certificate of Attainment was issued. 6.2 For Marine Licence Training the ATP must submit to the Safety Director a reconciliation of Certificates of Attainment before the Safety Director will issue additional Certificates of Attainment to the ATP. The reconciliation of Certificates of Attainment must be completed in accordance with the MSV Marine Licence Training Administration Procedures.

Security of Certificates 6.3 MSV forms, including blank Certificates of Attainment, must be stored in a locked cabinet when not being used, and must only be accessible by the Key Personnel. 6.4 The ATP must have adequate systems in place to ensure the security of Certificates of Attainment.

Issue of Certificates of Attainment 6.5 The ATP must issue to Eligible Applicants who have passed the Marine Licence Test a Certificate of Attainment and a course critique. The course critique will include a score sheet and explanatory feedback of the Eligible Applicant’s course performance. 6.6 The ATP must not issue a Certificate of Attainment to anyone other than to an Eligible Applicant who has passed a Marine Licence Test delivered by the ATP. 6.7 The ATP must supply an Eligible Applicant who has passed a Marine Licence Test with a replacement Certificate of Attainment upon request if the original Certificate of Attainment was granted by the ATP to the Eligible Applicant is subsequently lost or destroyed. The replacement Certificate of Attainment must replicate the information contained on the original Certificate of Attainment, including the original issue date except that it will have a different Certificate of Attainment number. The ATP agrees that any fees it charges for issuing replacement Certificates of Attainment will be reasonable to recover administration costs only.

Recognition of Certificates of Attainment 6.8 An Eligible Applicant who has passed a Marine Licence Test and been issued with a Certificate of Attainment by the ATP shall not be required to sit a Marine Licence Test at VicRoads, provided that the Eligible Applicant presents a current Certificate of Attainment. 7. Complaints 7.1 The ATP must have a written complaints management and recording procedure for complaints relating to the provision of the Marine Licence Training and: (a) act diligently to try to satisfactorily resolve all complaints relating to the provision of the Marine Licence Training; and (b) maintain a chronologically organised register of all complaints relating to the provision of the Marine Licence Training, together with details of steps taken towards resolving each complaint. 7.2 The ATP must have a written complaints system for the recording of complaints relating to the provision of the Marine Licence Test and: (a) if the complaint relates to a matter within the control of the ATP, the ATP must act diligently to try to resolve the complaint and maintain a record of the complaint and the steps taken toward resolution; and (b) if the complaint relates to the Marine Licence Test questions the ATP shall make note of the complaint and refer the complainant to the Safety Director.

8. Vessels 8.1 The ATP must not use a vessel for Training and Assessment purposes unless the vessel's operation meets or is exempted by the appropriate authority from the requirements for a domestic commercial vessel under the National System for Domestic Commercial Vessel Safety published by the Australian Maritime Safety Authority.

9. Advertising and Marketing of Training 9.1 The ATP acknowledges that false or misleading advertising in relation to the ATP’s Training and Assessment may lead to suspension or cancellation by the Safety Director of the ATP Accreditation. 9.2 The ATP must provide sufficient and accurate information to applicants for its Marine Licence Training courses, in accordance with the MSV Marine Licence Training Standards. 9.3 The ATP must not use any MSV logo or mark except in conjunction with the Marine Licence Training. 9.4 The ATP must only use a MSV logo or mark pursuant to clause 9.3 in accordance with the MSV Marine Licence Training Administration Procedures. 9.4 The ATP must implement a fair and equitable refund policy that ensures the refund of fees and publish this policy in accordance with the MSV Marine Licence Training Administration Procedures.

10. Business Records and Accounts 10.1 The ATP must keep accurate and separate records and accounts in respect of the supply of the Training and Assessment in accordance with any relevant Law (including accounting standards) and for the period of time required by that Law. Without limiting the scope of any other provision of these Terms and Conditions or the ATP Accreditation, the ATP will cooperate with and assist the Safety Director to comply with any obligations imposed by the Public Records Act 1973 (Vic).

11. Administration Support Staff 11.1 The ATP must ensure that its administration support staff: (a) are provided with training to provide immediate recording of inquiries, course results, and course reports to the Safety Director; (b) are trained in quality recording methods, records maintenance and security measures. 11.2 The ATP must provide quick and accurate briefing notes or reports consistent with the MSV Marine Licence Training Administration Procedures to the Safety Director within five (5) Business Days of receipt of a request.

12. Training and Testing Staff 12.1 The ATP must ensure that trainers and assessors engaged to provide the the Marine Licence Training or the Marine Licence Test: (a) have a Victorian Marine Licence (and PWC endorsement if involved in PWC tuition), unless an exception is approved by the Safety Director; (b) have demonstrated knowledge and experience of the regulatory requirements and environment applicable to non-commercial power boat operation in Victorian waters; (c) have an appropriate marine qualification where a vessel is used for training purposes; (d) have a Working with Children Check if they are required to do so under the Working with Children Act 2005 (Vic); (e) have the necessary training and assessment competencies as determined by the National Skills Standards Council or its successors; and (f) continue developing their vocational and training and assessment competencies to support continuous improvements in delivery of the Marine Licence Training or the Marine Licence Test.

12.2 The ATP must obtain permission from its Key Personnel to supply the Safety Director with certified copies of relevant qualifications demonstrating the competency of its trainers as specified in clause 12.1 (including but not limited to Marine Licences, marine qualifications and testimonial of recreational boating experience). The ATP must provide this information to the Safety Director at the Commencement Date of these Terms and Conditions, and from time to time as people are engaged.

12.3 The Safety Director may request a copy of the relevant qualifications from time to time.

12.4 The ATP must as soon as practicable, notify the Safety Director immediately of any changes to its Nominated Principal, Nominated Liaison Officer or any other person who is signing Certificates of Attainment when an accredited trainer is terminated by using the Accredited Training Provider Notification of Staff Changes Form contained in the MSV Marine Licence Training Administration Procedures.

12.5 If the Safety Director, acting reasonably, forms the view that any of the Key Personnel are unsatisfactorily performing the Training and Assessment or are unsuitable to perform the Training and Assessment at any stage the Safety Director may provide written notice to the ATP (Discharge Notice) identifying the relevant Key Personnel (Nominated Key Personnel) and direct the ATP to cease using the Nominated Key Personnel to provide the Training and Assessment within fourteen (14) days of the date of the Discharge Notice is issued.

12.6 If the ATP considers that the Nominated Key Personnel is satisfactorily performing the Training and Assessment and satisfies all requirements of these Terms and Conditions and is suitable to perform the Training and Assessment, it may advise the Safety Director in writing, providing evidence to support its views (Submission) within five (5) Business Days of receipt of the Discharge Notice.

12.7 The Safety Director shall consider the Submission and shall confirm or amend the Safety Director’s decision in its absolute discretion in writing to the ATP within five (5) Business Days of receipt of that Submission.

13. Parties' Representatives 13.1 The ATP must nominate a Nominated Principal who must have authority to act on behalf of the ATP in relation to all matters under these Terms and Conditions, the ATP must also nominate a Nominated Liaison Officer who will be the contact person in relation to the day to day provision of Training and Assessment within ten (10 ) Business Days of the Commencement Date.

13.2 The ATP may notify the Safety Director of a change to the Nominated Principal or the Nominated Liaison Officer from time to time.

13.3 The Safety Director will nominate a Nominated Principal as the liaison for all matters under these Terms and Conditions within ten (10) Business Days of the Commencement Date. The Safety Director may notify of a change to the Nominated Principal from time to time.

14. Intellectual property Procedure 14.1 The ATP must order and the Safety Director must supply Publications to the ATP where available in accordance with the MSV Marine Licence Training Administration Procedures.

Ownership 14.2 All documents, data and other Information supplied to the ATP by the Safety Director and any copies of them remain the property of the Safety Director. The ATP may not use that material for any purpose other than for providing the Marine Licence Training or the Marine Licence Test. The material may not be reproduced either fully or in part, without first receiving written approval by or on behalf of the Safety Director. 14.3 The Safety Director grants to the ATP a non-transferable, non-exclusive, royalty free licence to use all Intellectual Property rights belonging to or licenced to the Safety Director which the ATP reasonably requires to conduct the Training and Assessment for the Term. 14.4 The Safety Director will inform the ATP of any material supplied by the Safety Director in which third parties have relevant Intellectual Property rights and of any conditions attaching to that material because of those rights. The ATP must use that material only in accordance with those conditions.

Return 14.5 Within thirty (30) days of the Completion Date or earlier termination of the ATP Accreditation and these Terms and Conditions, the ATP must return to the Safety Director: (a) all Confidential Information (including all original items and copies of the Information); (b) all unissued, damaged or void Certificates of Attainment in its possession; and (d) the register of Certificates of Attainment, at the ATP’s own cost.

14.6 The Safety Director may, require that some or all of the Confidential Information, data, and documents pertaining to the ATP Accreditation be destroyed at the ATP’s cost within thirty (30) days of the Completion Date or earlier termination of the ATP Accreditation, instead of being returned under clause 14.5. The Safety Director may require the ATP to certify by statutory declaration that the Confidential Information, data and documents, pertaining to the ATP Accreditation, have been destroyed.

15. Privacy of individuals 15.1 The ATP agrees to be bound by the Information Privacy Principles and any applicable Code of Practice with respect to any act done or practice engaged in by the ATP for the purposes of these Terms and Conditions, in the same way and to the same extent as the Safety Director would have been bound in respect of that act or practice had it been directly done or engaged in by the Safety Director.

16. Confidential Information 16.1 The ATP must: (a) keep the Confidential Information confidential; (b) at all times take reasonable measures to protect the Confidential Information; (c) not use the Confidential Information except for the purposes contemplated under these Terms and Conditions; (d) notify the Safety Director immediately if it becomes aware of any non-compliance with this clause 16 or of any unauthorised persons having access to the Confidential Information; and (e) ensure all employees, sub-contractors, agents and Key Personnel who are to be provided access to the Confidential Information in accordance with these terms and Conditions to perform the Training and Assessment do not disclose any Confidential Information unless and until those persons have signed a confidentiality deed in the form of Appendix 1.

16.2 Subject to clause 16.1(e), the ATP must not divulge or allow to be divulged to any person all or any of the Confidential Information.

16.3 The obligations in clause 16 do not prevent the disclosure of Information: (a) which at the time of disclosure is in the public domain as evidenced by printed publication or otherwise, or which the ATP can demonstrate was in the public domain at the time of signing these Terms and Conditions without any breach by another party of a similar undertaking; (b) which after disclosure becomes part of the public domain by publication or otherwise through no fault of the ATP, its employees, sub-contractors or agents; (c) which is received from a third party with good legal title to it and who did not receive the information either directly or indirectly from the ATP, its employees, sub-contractors or agents; (d) which is required to be disclosed by an order of any court of competent jurisdiction, tribunal or regulatory body; or (e) which is required to be disclosed by any law or regulation having the force of law.

16.4 The ATP acknowledges that because of the nature of confidential information, damages or an account of profit may not be an adequate remedy for the Safety Director if there is any unauthorised use or disclosure of the Confidential Information of if there is a breach of these Terms and Conditions. The ATP acknowledges that the Safety Director is therefore entitled to specific performance or injunctive relief (as appropriate) as a remedy for any breach or threatened breach by the ATP in addition to any other remedies available to the Safety Director at law or in equity.

17. Sub-contracting and assignment 17.1 The ATP must not sub-contract any part of the obligations in relation to these Terms and Conditions without the prior written approval of the Safety Director which may be withheld in the Safety Director’s absolute discretion.

17.2 To request consent, the ATP must provide the Safety Director with full particulars of the part of the provision of the Training and Assessment it wishes to sub-contract and full details of the proposed sub-contractor and all relevant Key Personnel.

17.3 Approval by the Safety Director of a sub-contract does not relieve the ATP of any of its liabilities or duties under these Terms and Conditions and the ATP remains responsible for the acts or omissions of each and every sub-contractor as fully as if they were the ATP's own acts or omissions.

18. Indemnity 18.1 To the extent that they are caused by any act or omission by the ATP, its employees, sub-contractors, or agents, the ATP indemnifies the Safety Director against all damages, costs, expenses (including legal expenses), loss or damage which the Safety Director in any form may incur or sustain and indemnifies the Safety Director against all actions, proceedings, claims and demands whatsoever which may be brought or made against the Safety Director by any person in respect of or by reason of or arising out of: (a) the performance by or on behalf of the ATP of the Marine Licence Training or the Marine Licence Test; (b) any negligence or other wrongful act or omission of the ATP or the ATP’s employees, sub-contractors or agents or of any other persons for whose acts or omissions the ATP is vicariously liable in respect of or in connection with providing the Training and Assessment; and (c) death, injury, loss of or damage to the ATP or its employees, sub-contractors or agents in respect of or in connection with providing the Training and Assessment.

18.2 The ATP’s liability under this clause shall be reduced to the extent to which any action, proceeding, claim or demand arises out of: (a) any negligence or wrongful act or omission by the Safety Director under or in connection with the ATP Accreditation; or (b) any incomplete or defective data or information provided by the Safety Director to the ATP which the ATP reasonably relies upon.

18.3 Notwithstanding any other provision of these Terms and Conditions the Safety Director shall not be liable to the ATP for any consequential, incidental or indirect loss or damage including loss of profit (whether consequential, incidental or indirect) resulting from breach of these Terms and Conditions.

19. Insurance Workers Compensation 19.1 The ATP must comply with the requirements of the Accident Compensation Act 1985 (Vic) and the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) to cover. (a) all employees of the ATP if the ATP expects to pay more than the rateable remuneration set by the legislation (b) the subcontractors of the ATP where the subcontractors are not covered by another workers compensation policy of insurance or are not self insured, where the claim is or would be incurred as a result of or in relation to their engagement in providing the Training and Assessment. Professional Indemnity 19.2 Prior to the Training and Assessment being provided under these Terms and Conditions, the ATP must effect and maintain an appropriate professional indemnity insurance policy for an amount not less than $5,000,000 in aggregate for each annual insurance period. The insurance must be with an insurer reasonably acceptable to the Safety Director and include terms and conditions reasonably acceptable to the Safety Director. The professional indemnity policy must be maintained for a period of seven (7) years after the expiry or earlier revocation of the ATP Accreditation.

Public Liability 19.3 Prior to the Training and Assessment being provided under these Terms and Conditions, the ATP must effect and maintain for the currency of term, insurance for public liability for an amount not less than $20,000,000 per occurrence. The insurance must be with an insurer reasonably acceptable to the Safety Director and include terms and conditions reasonably acceptable to the Safety Director. The public liability policy must be maintained for a period of seven (7) years after the expiry or earlier revocation of the ATP Accreditation.

Proof of insurance 19.4 The Safety Director may require the ATP to provide, and the ATP shall provide upon request, proof that the policies of insurance required in this clause 19 have been effected and maintained.

20. Audits and Inspection 20.1 The Safety Director may undertake the following to determine whether the ATP is complying with these Terms and Conditions: (a) observe and assess delivery of the Marine Licence Training or the Marine Licence Test by notifying the ATP prior to the date that the Safety Director wishes to observe and assess delivery of the Training and Assessment; (b) enrol in a training course to observe and assess delivery of the Marine Licence Training or the Marine Licence Test, without informing the ATP at the time of enrolment or during delivery of the Training and Assessment that the ATP is being observed by the Safety Director; (c) inspect all things material to the Business; (d) inspect the register of Certificates of Attainment or request that the ATP provides a copy of the register of Certificates of Attainment to the Safety Director; (e) request that the ATP provides to the Safety Director a reconciliation of Certificates of Attainment in accordance with the MSV Marine Licence Training Administration Procedures, (f) enter any premises used in the connection with the Business, at all reasonable times until the end of the period for maintenance of records required in clause 10, and the ATP must provide the Safety Director with access to all premises used in connection with the Business and records on request for this purpose. 20.2 If the Safety Director conducts any of the activities in clause 20.1, it must provide an audit report to the ATP consistent with the MSV Marine Licence Training Audit Guidelines 20.3 The Safety Director may charge the ATP the reasonable cost of conducting further audits to check if any non-compliance of the ATP Accreditation, identified at a prior audit, has been remedied. 20.4 The Safety Director may share the results and action plans of audits with regulators in other States and Territories (including the Australian Maritime Safety Authority) where the Safety Director is satisfied that those regulators may be making decisions or issuing permissions based on certificates that are issued under this accreditation.

21. Suspension for non-compliance with ATP Accreditation 21.1 If the ATP fails to carry out any of its obligations or duties under the ATP Accreditation, these Terms and Conditions or any Law (including failing to meet the requirements of any improvement notice) the Safety Director may by written notice (Suspension Notice) to the ATP specify the non-compliance and request that the non- compliance be remedied within fourteen (14) days from the date of issue of the Suspension Notice.

21.2 If the ATP fails to remedy the non-compliance within the period stated in the Suspension Notice, the Safety Director may, by written notice to the ATP, suspend the ATP Accreditation and the ATP must stop providing the Training and Assessment from the date nominated in that notice.

21.3 The Safety Director may lift the suspension at any time by written notice to the ATP if the Safety Director is satisfied that the ATP has remedied the non-compliance the subject of the Suspension Notice.

21.4 This clause 21 does not limit the right of the Safety Director to revoke the ATP Accreditation under clause 22 at any time while the ATP Accreditation is suspended.

22. Revocation of ATP Accreditation 22.1 If the ATP fails to carry out any of its obligations or duties under the ATP Accreditation or these Terms and Conditions the Safety Director may, by written notice (Default Notice), specify the non-compliance and request that the non- compliance be remedied within twenty eight (28) days after service of the Default Notice.

22.2 If the ATP fails to remedy the non-compliance within the period stated in the Default Notice, the Safety Director may by written notice revoke the ATP Accreditation and terminate these Terms and Conditions.

22.3 If the ATP threatens to, is in jeopardy of, or goes into liquidation or a receiver and manager or mortgagee’s or chargee’s agent is appointed or if the ATP becomes subject to any form of insolvency administration or arrangement, or in the case of an individual, becomes bankrupt or enters into a scheme or arrangement with creditors, the Safety Director may terminate these Terms and Conditions immediately by notice in writing and revoke the ATP Accreditation.

22.4 Notwithstanding any other provision in these Terms and Conditions, the Safety Director may at its discretion terminate these Terms and Conditions and revoke the ATP Accreditation by giving the ATP at least six (6) months’ written notice. The Safety Director will not be liable for any losses, costs or expenses incurred or claimed by the ATP as a result of the termination pursuant to this clause 22.4.

23. Notices 23.1 All notices under these Terms and Conditions should be in writing and served: (a) by hand delivery to the Safety Director or to the ATP; (b) sent by prepaid post to, or left at the address of the party as stated in the ATP Accreditation, or at the address last notified by the party by notice to the other party; or (c) sent electronically by facsimile or email.

23.2 A notice or document shall be taken to be delivered and served as follows: (a) in the case of delivery in person or by prepaid courier, when delivered; (b) in the case of delivery by post, two (2) Business Days after the date of posting; (c) in the case of facsimile transmission, on receipt by the sender of a transmission report from the despatching machine showing the date of transmission, the relevant number of pages, the correct telephone number of the destination facsimile machine and the result of the machine as satisfactory; and (d) in the case of email, on receipt by the sender of confirmation of receipt, but if the result of the foregoing is that a notice would be taken to be given or made on a day which is not a normal Business Day in the place to which the notice is sent or is later than 4.00 pm (local time) it will be taken to have been duly given or made at the commencement of business on the next Business Day in that place.

24. Occupational Health and Safety 24.1 The ATP must ensure that it and all sub-contractors comply with the requirements of the Occupational Health & Safety Act 2004 (Vic). 24.2 Prior to the commencement of the Training and Assessment the ATP must consider whether the provision of the Training and Assessment will give rise to any risks to the health and safety of any person. If such risks will be created then the ATP must prepare and implement a plan to address, eliminate or minimise those risks and, if appropriate in the circumstances, must ensure that all sub-contractors prepare and implement such a plan. The nature of the risks and the details of the plan must be advised to the Safety Director. 24.3 The ATP must notify the Safety Director of any lost time injuries that occur during or result from the provision of the Training and Assessment and of any near miss incidents that could have resulted in lost time injury. 25. Other Training Organisations 25.1 Nothing contained in or arising from these Terms and Conditions or the ATP Accreditation in any way limits or qualifies the freedom of the Safety Director to approve other training organisations to provide recreational boat operator training and assessment services.

26. Variation of terms 26.1 The Safety Director may unilaterally amend these Terms and Conditions to accord with any changes in Law.

27. Severance 27.1 Any provision in these Terms and Conditions which is invalid or unenforceable is to be read down so as to be valid and enforceable, and if that is not possible the provision must, to the extent that it is capable, be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions.

28. Negation of Employment 28.1 Neither the ATP nor any of its employees, agents and sub-contractors are an agent or employee of the Safety Director. The ATP does not have authority to incur and must not incur any obligation or make or purport to make any representation on behalf of the Safety Director, except with the express written instructions of the Safety Director.

28.2 The ATP acknowledges that it is the employer of, or has otherwise engaged, all personnel who will provide the Training and Assessment, and the ATP will meet all payment obligations to those personnel and will pay all statutory taxes, fees, levies or charges applicable with respect to the engagement of or payments made to those personnel.

29. Survival of Obligations 29.1 Clauses 9, 14, 15, 16 and 18 are continuing obligations, separate and independent from the other obligations of the parties and survive the expiry or earlier revocation of these Terms and Conditions.

30. Governing Laws 30.1 These Terms and Conditions are subject to and are to be construed in accordance with the laws of the State of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts of that State. APPENDIX 1

CONFIDENTIALITY DEED

1. This deed is made by [Insert: Full name] of [Insert: Address]. 2. [Insert: Name of the ATP] (the ATP) has been accredited by the Safety Director (the ATP accreditation) pursuant to section 271F of the Marine Safety Act 2010 (Vic) to allow it to train and assess applicants for Marine Licences (the training and assessment). 3. I am employed by the ATP. 4. For the purposes of the provision of the training and assessment, I will have access to Confidential Information and the Safety Director will allow me access to this Information if confidentiality can be maintained. Therefore, I covenant and agree: (a) to treat as secret and confidential all Information to which I have access or which is disclosed to me in relation to carrying out the training and assessment; (b) only to use the Information for the purposes of carrying out the training and assessment and not to allow any other person access to the Information unless they have signed a similar confidentiality deed; (c) not to copy or reproduce the Information (in whole or in part) without the approval of the Safety Director (except as may be reasonably necessary for the purposes of this deed) and will take all necessary precautions to prevent unauthorised access to or copying of the Information by any other person; (d) immediately to notify the Safety Director if I become aware of a breach of this deed; and (e) to deliver up to the Safety Director at the end of the ATP accreditation or sooner if I received a demand to do so by the Safety Director all Information which is in my possession, power or control. 5. The obligations in this deed do not prevent the disclosure of Information: (a) which at the time of disclosure is in the public domain as evidenced by printed publication or otherwise, or which I can demonstrate was in the public domain at the time of signing this deed without any breach by another party of a similar undertaking; (b) which after disclosure becomes part of the public domain by publication or otherwise through no fault of the ATP, its employees, sub-contractors, or agents; (c) which is received from a third party with good legal title to it and who did not receive the Information either directly or indirectly from the ATP, its employees, sub-contractors, or agents; (d) which is required to be disclosed by an order of any court of competent jurisdiction, tribunal or regulatory body; or (e) which is required to be disclosed by any law or regulation having the force of law. 5. I covenant and agree that: (a) the provisions of clause 4 of this deed continue to have effect indefinitely and continue after the ATP accreditation or training and assessment have ended. (b) the provisions of clause 4 of this deed continue after my period of employment, contractorship, professional retainer or other involvement with the ATP has ended (c) the Safety Director retains ownership of all of its Information. 6. I acknowledge that the Safety Director is entitled (in addition to any entitlements to damages) to an injunction or other equitable relief with respect to any actual or threatened breach by me of this deed and without the need on the part of the Safety Director to prove any special damage. 7. I agree that this deed is governed by the laws of the State of Victoria and I will submit exclusively to the jurisdiction of the courts of Victoria. 8. Any purported variation of a provision of this deed is ineffective unless in writing and executed as a deed by me and the Safety Director. 9. In this deed unless the context otherwise requires or the contrary intention appears: (a) The singular includes the plural and vice versa and words in one gender include other genders; (b) Other grammatical forms of defined words or phrases have corresponding meanings; (c) Confidential Information means all Information which is either directly or indirectly disclosed provided or made available to me or acquired by me (whether orally, electronically, in writing or by any other means) in respect of or in connection with the training and assessment, whether before or after the signing of this ATP accreditation and includes information pertaining to or connected in any way with the training and assessment, including but not limited to: (i) Information about the Safety Director or those involved in the Safety Director's activities, Information relating to the internal management and structure of MSV; (ii) Information concerning documentation, systems, technology and affairs, operations, processes, plans or inventions and product information (whether customers, suppliers or otherwise); (iii) financial, technological, strategic or business information, concepts, plans, (iv) strategies, directions or systems; (v) research, development, operational, legal, marketing or accounting information, concepts, plans, strategies, directions or systems; (vi) technology, source and object codes for computer software; (vii) Information comprised in or relating to any intellectual property rights of the Safety Director, or third parties to whom the Safety Director owes a legal obligation; and (viii) know-how relating to computer software, financial techniques and products of the Safety Director. (d) Safety Director means the Director, Transport Safety, a statutory office established under section 171 of the Transport Integration Act 2010 (Vic), of 121 Exhibition Street, Melbourne, Victoria, 3000, on behalf of the Crown in Right of the State of Victoria together with his delegates and the staff members of MSV authorised to act on his behalf (as the context requires); (e) Information means all information or data however held, stored or recorded including drawings, plans, specifications, calculations, reports, models, concepts, source codes, files, computerised data, photographic recordings, audio or audio visual recordings and any information or data made available to the covenantor in carrying out the training and assessment; and (f) MSV means the division of the Department of Economic Development, Jobs, Transport and Resources dedicated to supporting the Safety Director in the exercise of his powers and functions and collectively referred to as Transport Safety Victoria.

Executed as a Deed on this………………….day of ……………………20..

Signed, sealed and delivered by [insert name] In the presence of:

(Signature of witness) (Signature of person entering into this deed)

(Name of witness) (Name of person entering into this deed) APPENDIX 2 PRIVACY STATEMENT This privacy statement applies only to recreational boat operator training and assessment services provided by accredited training providers (ATP) who have been granted ATP accreditation by the Director, Transport Safety to provide those services.

[Insert: Name of ATP] is committed to protecting personal and sensitive information consistent with the principles set out in the Privacy and Data Protection Act 2014 (Vic), and, if applicable, the principles set out in the Privacy Act 1998 (Cth), and any other privacy law. Personal Information Personal information is information about you whether fact or opinion from which your identity could reasonably be ascertained. Use and Disclosure of Personal Information [Insert: Name of ATP] requests you to provide personal information for the purpose of allowing [Insert: Name of ATP] to provide recreational boat operator training and assessment services to you and for the Director, Transport Safety to manage or administer accredited training providers and undertake the functions relating to Marine Licences, or as required by law in regard to the Director’s statutory obligations.

[Insert: Name of ATP] is required to protect and handle your personal information in accordance with the Privacy and Data Protection Act 2014 (Vic).

Personal information that is collected by [Insert: Name of ATP] may also be used and disclosed to government agencies, departments and organisations (for example, Transport Safety Victoria or VicRoads), and to contractors whose duties require them to use it, in connection with managing or administering accredited training providers and undertaking functions relating to recreational boat operator licenses. Such agencies, departments and organisations are required to protect and handle your personal information in accordance with the Privacy and Data Protection Act 2014 (Vic) or interstate privacy legislation.

Your personal information will not be used for training other persons. All persons and companies referred to in any examples in training materials provided by your accredited training provider are purely fictitious and any resemblance to existing persons or companies is purely coincidental.

Data Quality [Insert: Name of ATP] will seek wherever possible to ensure that the personal information it collects, uses or discloses is accurate, complete and up to date. In many instances [Insert: Name of ATP] relies upon you to provide accurate and complete information and to advise [Insert: Name of ATP] should your circumstances change over time.

Data Security [Insert: Name of ATP] takes all reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification or disclosure and securely destroys or de- identifies personal information when it is no longer needed. Transfer of Information Interstate Government agencies, departments and organisations rarely transfer personally identifying information to organisations outside the state of Victoria, however this may occur in some circumstances where required or permitted by law. If transferred the information is afforded a substantially similar level of privacy protection it would receive in Victoria.

Access and Correction You have a right of access to and correction of information about you. You may gain access to information about you that is held by [Insert: Name of ATP] by contacting:

[Insert: Contact person and contact details for the ATP]

You may have your personal information corrected with authentication and proof (where legislation does not prohibit correction) or a note of dissension from an opinion or view may be attached to a file where this is possible.

Unique Identifiers A unique identifier is a code consisting of alphabet characters and numerals (not the individual’s name) that is applied to an individual, for example a drivers licence number. [Insert: Name of ATP] does not assign, use or disclose unique identifiers to individuals unless it is necessary to do so to carry out one of its organisational functions efficiently and does not adopt an identifier assigned to an individual by another organisation for another purpose.

Each certificate of attainment issued by [Insert: Name of ATP] on behalf of Transport Safety Victoria will have a unique certificate number that will be assigned to you.

Complaints If you consider that your privacy has been breached or interfered with way you can make a complaint by contacting:

[Insert: Contact person and contact details for the ATP.]