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Last updated on 2008-11-01
Specific Terms and Conditions
1. Scope of Terms and Conditions
1.1 These Specific Terms and Conditions shall apply to all requests for Funded Course status and approvals of such courses by WDA.
2.1. The following words and expressions shall have the following meanings:
3. Funded Course Status
3.1. To obtain Funded Course status from WDA, you must apply to WDA for approval. If granted, such approval is personal to you and shall not be transferable or assignable to any third party.
3.2. Funded courses shall be awarded ‘Full Fee’ or ‘Full Fee and Nett Fee’ status at the sole discretion of WDA.
3.3. Except for changes and updates that you may make automatically via SkillsConnect, no changes or updates to Funded Courses shall be made without the prior written approval of WDA. You shall request for such approval no later than one (1) month before the date on which the change or update is proposed to be implemented and comply with such instructions as WDA may issue in respect of any changes or updates to the Funded Course.
3.4. All requests for Funded Course status or any changes and updates to Funded Courses shall be made in WDA’s prescribed form and submitted within the timeframes and in the manner specified by WDA from time to time accompanied by all supporting information and documentation required by WDA.
3.5. The power to accept or reject any request made under this Section or to revoke or suspend any approval given under this Section shall vest solely in WDA and WDA shall be entitled to exercise its rights under this Section in its sole discretion without advance notice or liability to any person and without assigning any reasons for its decision.
4. Funded Course Administration
4.1. You shall accept Funded Course enrollments and applications for Grants from qualifying claimants in the manner specified in the Guidelines.
4.2. You shall advise employers interested in the Funded Course(s) of the availability and purpose of the Grants, the eligibility criteria for such Grants, the top-up or other payment obligations of the employer and any other the conditions of award of Grants.
4.3. You shall ensure that your staff and permitted licensees, sub-contractors and representatives appointed to conduct the Funded Course have the requisite qualifications and are competent for their role and maintain an administrative support system for the conduct of the Funded Course, at least in compliance with the following requirements:
(a) Each Funded Course shall have at least two (2) qualified trainers, one of whom shall be the regular trainer and the other may be a backup trainer;
(b) An adequate number of full-time staff must be made available to administer the Funded Course(s);
(c) You shall keep records of the trainers, enrollments, attendance, and any other records pertaining to application for Grants, including tax invoices and other evidence of payments made and received; and
(d) You shall ensure that the training facilities and equipment provided for the conduct of the Funded Course(s) are sufficient to meet the needs of the Trainees and generally in good working order.
4.4. WDA shall be entitled upon written notice to require you to replace any such person who in WDA’s sole opinion is either incompetent in carrying out his role or has conducted himself in a manner that is or is likely to damage or bring into disrepute the name or reputation of WDA or be prejudicial to the interests of WDA.
4.5. You shall maintain a formal feedback system which should include without limitation the following:
(a) An evaluation questionnaire to be completed by Trainees to assess the relevance of the Funded Course and effectiveness of trainers after completion of the Funded Course; and
(b) Where appropriate, a post-course test to determine the Trainees' understanding of the Funded Course.
4.6. You shall have a formal system to track the attendance of Trainees which shall include without limitation the following:
(a) Trainers and trainees must sign an attendance list at every session attended of the Funded Course, and you shall ensure that the system allows the collection of such signatures only on the date of the session and on no other date. Attendance list formats that do not indicate attendance by attendee signatures are not acceptable to WDA;
(b) The course title, course duration (including the start and end dates and total duration in hours), date and timing (including the start and end time) of the applicable training session, course headcount and (if applicable) date of examination shall be clearly stated in the attendance list; and
(c) The reason for absence of any Trainee(s) must be recorded, and their employer informed of any Trainee’s absence.
4.7. After the completion of a Funded Course, you shall submit to WDA all information required by WDA relating to the eligibility of Trainees, attendance and completion of Funded Course requirements by Trainees in the form and manner and within the timeframes set out above, in the Guidelines or otherwise specified by WDA, accompanied by all supporting information and documentation required by WDA. For the avoidance of doubt, you are required to submit to WDA the assessment records or qualifications attained by the Trainee in respect of a non-WSQ certifiable skills training course.
4.8. You shall not engage in marketing practices (which include without limitation the granting of rebates, discounts, free gifts, and the charging of differential course fees) which have the result of subjecting employers of Trainees who are eligible for higher rates of award under the Grant(s) to larger payments than employers of Trainees who are eligible for lower rates of award under the Grant(s) or who are not eligible for WDA funding at all.
4.9. In marketing or promoting your organization or a Funded Course, you shall not make any statements which indicate or may give an impression that WDA has approved, recommended or otherwise endorsed you or your services or has given a guarantee or warranty on your behalf. You shall comply with any Guidelines on advertisements and promotions issued from time to time by WDA.
4.10. You shall keep detailed and accurate records related to the conduct of the Funded Course(s) together with supporting receipts, GIRO and remittance statements, vouchers and invoices, in accordance with generally accepted accounting principles. Such records include without limitation documentation of enrolment and application forms, attendance lists, payment invoices, course fee receipts, financial statements (including without limitation bank statements) and all other documents pertaining to the claims for Grants and Trainee attendance and achievement in Funded Courses. Such records shall be kept for at least three (3) years after completion of the Funded Course or receipt of documents (whichever is later) and shall be furnished to WDA as and when requested.
4.11. You shall permit WDA, its officers and agents full and free access to your place(s) of operation and such records and allow WDA, its officers and agents to inspect, make copies or take extracts from such records for these purposes. You shall provide full and timely co-operation with WDA and its authorised representatives.
5. Changes Required by WDA
5.1. WDA shall be entitled at any time upon written notice require you to update the Funded Course or any materials, goods or services provided in the course of the Funded Course and re-submit a request for Funded Course status. If you fail to re-submit your request for Funded Course status within the period stipulated by WDA, the Funded Course status shall be automatically revoked without further notice or liability to you.
6. Revocation of Funded Course Status
6.1. WDA may forthwith by notice in writing and without liability to you revoke the award of a Grant in respect of any Trainee, suspend or withhold payment of the whole or any part of the award or reduce the award by such amount as WDA may deem fit in the following circumstances:
(a) Upon the occurrence of any of the matters that would entitle WDA to terminate the Contract under the SkillsConnect General Terms and Conditions; or
(b) If WDA has determined in its sole and absolute discretion that you have failed to comply with any requirement for Funded Course administration in accordance with Section 4 or that the award of Funded Course status is in violation of any applicable law.
6.2. WDA may at its sole discretion permit you to request for the revival of a revoked or suspended Funded Course status. If such you have been given such permission, you shall, within one (1) month after the revocation or suspension of Funded Course status for any reason, provide WDA with such enrolment and application forms, attendance lists, payment invoices, course fee receipts, and other documents pertaining to the claims for Grants and Trainee attendance and achievement in Funded Courses as WDA may require.
6.3. For avoidance of doubt, any claim for a Grant made in respect a Funded Course but received by WDA on or after the revocation of the applicable Funded Course status shall be invalid. WDA reserves the right in its sole and absolute discretion to reject as invalid any claim for a Grant received by WDA on or after the date of its notice to suspend Funded Course status.