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Policies and Procedures: Workplace-learning

Insurance Cover for Students Undertaking Training and Assessment in the Workplace Policy

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Type: Policy
PD Number: PD20110429
Status: TAFE POLICY UNDER REVIEW

1.Objectives – Policy Statement

1.1

Insurance and indemnity provisions of the NSW Department of Education and Communities apply to workplace learning programs approved by the relevant TAFE NSW institute manager or delegate.

1.2

Students engaged in TAFE NSW approved workplace learning programs are volunteers and are not paid.

2.Audience and applicability

2.1

This policy applies to students participating in workplace learning in Australia and offshore as part of their authorised training and assessment program. It also applies to TAFE NSW staff involved in coordinating workplace learning programs. 2.2 The following exclusions apply to this policy. Insurance cover is not valid:

2.2.1

For any student who takes payment for workplace learning, or for employment of a paid nature, such as apprenticeships and traineeships – any payment to the student may invalidate the department’s insurance and indemnity arrangements;

2.2.2

For any student who undertakes work experience as part of their paid employment – these students would be covered by their employer’s workers’ compensation policy;

2.2.3

For any student who makes independent arrangements where workplace learning is not part of their approved learning and assessment program;

2.2.4

for any student who independently arranges for workplace learning outside their program – in these situations s/he can obtain voluntary workers’ personal accident insurance for work experience through insurance companies;

2.2.5

In any event which is directly or indirectly attributable to, or as a consequence of,

  • Intentional self injury or suicide (whether felonious or not) or any attempted threat;
  • Sexually transmitted diseases; and/or
  • Engaging in professional sport(s).

2.3 Travel Insurance

2.3.1

Separate travel insurance should be arranged by any student who is required to undertake a TAFE NSW program offshore, as appropriate.

2.4 Further Information

2.4.1

For further information on exclusions to indemnity and insurance see section 3.5.

3. Context

3.1

Workplace learning is approved by TAFE NSW institutes as part of students’ learning and assessment programs. 3.2 The duration of the workplace learning program is specified in the student’s learning and assessment program.

3.3

Students are covered for the duration of the workplace learning program:

3.3.1

for medical and hospital expenses not recoverable from Medicare and/or other health insurance funds (i.e. out of pocket expenses) – damage to clothing is also covered if the student is injured at the same time; and

3.3.2

in the event of serious injury similar benefits to the Table for Compensation for Permanent Injury, under the NSW Workers’ Compensation Act1987, would be provided. 3.4Occupational health and safety guidelines

3.4.1

The department’s occupational health and safety guidelines apply to TAFE NSW Institutes and students undertaking workplace learning programs. Refer to Occupational Health and Safety(intranet only).

3.5 Insurance and indemnity provisions

3.5.1

The department’s insurance and indemnity provisions apply to training and assessment in the workplace which is approved by the responsible TAFE NSW institute manager or delegate. The following conditions apply: Insurance and indemnity requirements are arranged by the NSW Department of Education and Communities (DEC) under the NSW Treasury Managed Fund Scheme. Specific cover is afforded for DEC and TAFE NSW under the terms and conditions of the Miscellaneous Insurance Policy. The policy numbers for DEC and TAFE NSW are MF100003 and MF100007 respectively.

3.5.2

Employer indemnity: DEC/TAFE NSW indemnifies employers participating in approved workplace learning programs for any amount which they may be legally liable to pay for injury to students or teachers arising out of an approved workplace learning program, up to $20,000,000 provided that:

  • Any claim made against the employer in respect of a student or teacher participating in an approved workplace learning program is immediately notified to the relevant TAFE NSW institute;
  • The department has full conduct and control of the claim against the employer as is normal practice for the party providing the indemnity;
  • The employer cooperates fully with the department, and the department’s legal representatives, in the conduct of the claim;
  • The employer has complied with occupational health and safety legislation;
  • The injury does not stem from a lack of instruction or supervision by the employer.

3.5.3

Public liability indemnity: DEC/TAFE NSW indemnifies employers participating in approved workplace learning programs for any amount which they may be legally liable to pay for property damage or personal injury to third parties caused by students or teachers in approved workplace learning programs, up to $20,000,000 provided that:

  • Any claims made against the employer in respect to property damage or personal injury caused by a student or teacher in an approved workplace learning program is immediately notified to the relevant TAFE NSW Institute;
  • The department has full conduct and control of the claim against the employer as is normal business practice for the party providing the indemnity;
  • The employer cooperates fully with the department, and the department’s legal representatives, in the conduct of the claim;
  • Personal injury to an employee of the employer is excluded (this should be covered under workers’ compensation arrangements);
  • The damage or injury does not stem from a lack of instruction or supervision by the employer.

3.6 Enrolled TAFE NSW Students

3.6.1

All enrolled TAFE NSW students are covered under TAFE NSW insurance for their work placement if they are undertaking approved studies in another State and offshore. If the work place requires TAFE NSW to sign an Indemnity form in relation to the student’s work placement, DEC legal services needs to be consulted prior to signing the form.

3.7 Document History and Details

Implementation date – 27-10-2011

Web publication date – 15/01/2016

Reference Number – PD/2011/0429/V01

Approval date – 27-10-2011

Approving officer – Executive Director, TAFE NSW Customer Services

Superseded documents

Insurance Cover for Students Undertaking Work Experience – 93.34.S1. and Supplement published on 1 September 1993.

Document history

Insurance Cover for Students Undertaking Work Experience – 93.34.S1. Supplement published on 1 September 1993.

Main changes since previous version

Key changes to the revised policy include:

  • changed policy name;
  • updated indemnity – from $2,000,000 to $20,000,000;
  • inclusion of additional information on the need to consult DEC legal services where work placement occurs in a state other than NSW;
  • inclusion of NSW Health requirements for clinical placements; and
  • reference to occupational health and safety guidelines.

Policy contact

TAFE NSW Customer Services

Manager, Quality Support

Phone (02) 9846 8270, fax: (02) 9846 8195.

NSW TAFE Commission reference numbers – N/A

SCIS Number – N/A

Publication data Publicly-available – Yes

Storage location – wwwpolicies: central

Primary location – TAFE | Student administration | Workplace learning

Leading and Managing the School categories – none

Subject keywords – student insurance cover, unpaid workplace learning

4. Responsibilities and Delegations

4.1 TAFE NSW Institutes are Responsible for:

4.1.1

Developing/implementing guidelines or procedures relating to insurance cover for workplace learning programs and to ensure that host employers, students and teachers are aware of their responsibilities;

4.1.2

Establishing arrangements between the institute and the host employer in writing;

4.1.3

Providing host employers with documentation, such as a copy of this policy as appropriate;

4.1.4

Having a signed agreement with the relevant NSW Health agency before they can request clinical placements with NSW Health, and fulfilling any other requirements that have been agreed with NSW Health. For further information refer to NSW Health Student Placement Agreement for Entry into a Health Occupation.

4.2 Host Employers are Responsible for:

4.2.1

providing a safe and positive environment compliant with the appropriate NSW occupational health and safety legislation. The current legislation in place until 31 December 2011 is the NSWOccupational Health and Safety Act 2000. It will be replaced by the NSW Work Health and Safety Act 2011 on 1 January 2012 (in particular see Section 7 which refers to students gaining work experience and Section 19 which refers to the employer’s duty of care to a worker), and the Anti-Discrimination Act 1997 No 48.

4.3 Parents/carers of Students Under 18 Years of Age

4.3.1

Parents/carers of students under 18 years of age are required to provide written permission for the student to undertake workplace learning.

4.4 Students

4.4.1

Students are required to comply with the employer’s workplace safety requirements and not to act in any way that could jeopardise the safety of either themselves or others in the workplace.

5. Monitoring, Evaluation and Reporting Requirements

5.1 The Policy Will Be Reviewed on an Annual Basis.

6.Contact

Manager, Quality Support

Learning Services

Phone (02) 9266 8153

Last Modified: 2016-11-10 12:11:52

Safe and Ethical Practice during Student Workplace Learning Policy

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Type: Policy
PD Number: DOC16/943041
Status: TAFE POLICY

TAFE NSW is committed to ensuring the health, safety and ethical behavior of student workplace learning.

1. Objectives – Policy Statement

1.1 The purpose of this policy is to outline TAFE NSW commitment to ensure the health, safety and ethical bwhaviour of students who come into contact with members of the public during workplace and simulated workplace learning.

1.2 TAFE NSW manages student workplace learning within a risk management and quality assurance framework and provides strategies for:

  • Enhancing student safety and wellbeing.
  • Minimising risk to members of the public with whom students come into contact, especially those in vulnerable circumstances.
  • Promoting ethical behaviour from students and TAFE NSW staff.

1.3 Definition of workplace learning

Workplace learning is defined as the provision of student workplace experience, learning and/or assessment on a temporary basis and with the agreement of the workplace employer and/or manager.

1.4 Criminal Records and Working with Children Check

Students may be required to undertake a Criminal Records Check or Working with Children Check.  A Prohibited Employment Declaration must be signed by students (and guardians if applicable) in courses where contact will be made with children and young people.

1.5 Breach of discipline

Students who are in breach or are assessed as presenting a significant risk to themselves and others during a work placement may be prevented from commencing or continuing further work placement.  This may mean that they may not be eligible to complete the course.

1.6 Right of appeal

A student has the right of appeal if they have been prevented from participating or completing a work placement in accordance with the Safe and Ethical Practice During Student Workplace Learning and Implementation Guidelines.  This must be lodged with the applicable TAFE NSW Institute Director within 21 days of being advised.

2. Related information

2.1 The following associated documents and information will assist with the understanding and application of the policy:

2.1.1 Safe and ethical Practice During Student Workplace Learning and Implementation Guidelines

2.1.2 Workplace Learning Policy for Secondary Students in Government Schools and TAFE NSW Institutes

 3. Audience and Applicability

3.1 This policy applies to all currently enrolled TAFE NSW students participating in workplace or simulated workplace learning as part of their authorised study program.

3.2 This policy does not aim to address issues associated with risks specifically related to children and young persons and it does not override existing policies relating specifically to children and young persons.

 4. Context

4.1  TAFE NSW Institutes as Registered Training Organisations (RTOs) must comply with the Standards for Registered Training Organisations 2015, including Standard 5: Each learner is properly informed and protected.

4.2 WorkCover NSW

5. Responsibilities and delegations

5.1 TAFE NSW Institutes are responsible for ensuring that:

5.1.1 Student workplace learning promotes the safety, wellbeing and ethical behaviour of students and clients and/or customers.

5.1.2 Students who undertake workplace and simulated workplace learning are aware of and comply with their responsibilities in terms of the range of duties they are authorised to perform, work health and safety and behaviour (including signing the Code of Conduct prior to placement).

5.1.3 Teachers clearly outline the responsibilities of students in relation to their work placement including duties that they are authorised to perform.

5.1.4 Teachers are aware and comply with the Student Discipline Policy and the range of mechanisms that may be used to address problems relating to student behaviour.

5.1.5 Workplace employers understand their accountabilities and responsibilities in managing the student’s learning and assessment.

5.1.6 Appropriate communication occurs with the workplace employer to ensure issues in relation to the safety, wellbeing and behaviour of students and the clients/customers are addressed in a timely manner.

5.2 Students are responsible for ensuring that they:

5.2.1 Perform only duties that they are authorised to perform.

5.2.2 Meet work health and safety and behaviour requirements (including signing the workplace Code of Conduct prior to placement).

5.3  Quality Services Unit, TAFE Learning Services is responsible for monitoring and reviewing this policy.

6. Monitoring, evaluation and reporting requirements

6.1  This policy will be reviewed at least every 3 years to assess achievement of outcomes, continued relevance and continuous improvement.

Document History and Details

Implementation Date – 11/12/2002

Web publication Date – 11/09/2014

Reference Number – PD/2005/0104/V05

Approval Date – 11/12/2002

Approving Officer – Director, TAFE NSW Learning Services

Previous reference no: PD20050104V05

Superseded Documents

  1. Safe and Ethical Practice during Student Workplace Learning Policy – TAFE NSW (PD2005/0104/V04)
  2. Safe and Ethical Practice during Student Workplace Learning Policy – TAFE NSW (PD2005/0104/V03)
  3. Safe and Ethical Practice during Student Workplace Learning Policy – TAFE NSW (PD2005/0104/V02)
  4. Promoting safe and ethical practice during learning particularly in relation to clients in vulnerable circumstances (PD/2005/0104/V01)
  5. Previously published as PD/2005/0104/V001, and ‘Promoting safe and ethical practice during student workplace learning particularly in relation to clients in vulnerable circumstances’ in Supplement,  (published on 11 December 2002).

Document History

  1. Main Changes Since Previous Version

August 2016

Version 5 Created

Reformatted to align with Learning services policy format

Section 4 – Reference and link to RTO standards updated

Section 5.3 – reference to TAFE NSW Customer Services replaced with TAFE NSW Learner Services

Section 7 – Policy Contact details updated.

September 2014

Changes: – update contact details – replace approving officer to Executive Director, TAFE NSW Customer Services Minor changes since the last version include: 3. Context 3.1 Standards for NVR Registered Training Organisations (SNR) replaces AQTF Essential Standards for Registration 3.1.1 Standards for NVR Registered RTOs SNR 20 Compliance with legislation replaces AQTF Users’ Guide to the Essential Standards for Registration, Conditions of Registration, Condition 3: Compliance with Legislation) 3.1.2 Standards for NVR Registered RTOs 16.3 replaces AQTF Standard 2.2

7. Policy Contact

7.1 Manager, Quality support

TAFE NSW Learning Services

Contact details: (02) 9266 8153

Subject keywords – work placement, inappropriate behaviour, vulnerable circumstances, safe and ethical practice, workplace learning

Last Modified: 2016-10-25 08:25:06

TMF Certificate of Currency

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Type: Guidelines
PD Number: PD20110429
Status: TAFE POLICY

Implementation Document Summary

Implementation Document

TMF Certificate of Currency – TAFE NSW

Description

TAFE NSW is a member of the NSW Treasury Managed Fund (TMF) which provides insurance for staff, and also students undertaking training and assessment in the workplace.

Document type

Guideline

Associated Policy

Insurance Cover for Students Undertaking Training and Assessment in the Workplace Policy – TAFE NSW

Applicability

TAFE NSW staff, and students undertaking training and assessment in the workplace

Document Contact

TAFE NSW Education and Training Group

Manager, Quality Services Unit

Phone 9266 8153.

Last Updated

2015-07-07

Last Modified: 2017-06-23 13:22:50

Workplace Learning Policy for Secondary Students in Government Schools and TAFE NSW Institutes

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Type: Policy
PD Number: PD20050016
Status: TAFE POLICY

1. Objectives – Policy Statement

1.1

Workplace learning programs are to achieve curriculum outcomes and enhance the vocational, educational and social development of students enrolled in regular classes, special classes and special schools. Innovative programs are encouraged.

1.2

Workplace learning programs include, but are not limited to, work experience, work placement for HSC VET courses, career and enterprise education programs, community learning and student mentoring programs conducted by employers in the workplace. This policy also extends to school based apprenticeships and traineeships.

1.3

The Department and the host employer hold a concurrent duty under the Work Health and Safety Act 2011 to ensure, so far as is reasonably practicable, the health and safety of students whilst engaged in a workplace learning program. This duty requires the elimination of health and safety risks where possible and if it is not reasonably practicable to eliminate those risks, to minimise the risk so far as is reasonably practicable.

1.4

DEC and TAFE NSW must, through their delegated officers, take reasonable care to keep all students undertaking workplace learning free from harm. Duty of care for students rests with the school and the TAFE NSW institute and extends to workplace learning placements even where there is no direct daily supervision of the student by a school or TAFE NSW institute or RTO teaching staff member.

1.5

Insurance and indemnity provisions of the Department, as stated in the Department’s The Workplace Learning Guide for Employers, apply to workplace learning placements approved by the Principal or nominee, and where relevant, also by the responsible TAFE NSW Institute Manager or delegate or RTO manager or nominee. Conditions apply. However, those insurance and indemnity provisions do not apply to the paid employment component of school based apprenticeships and traineeships.

1.6

Regular and effective communication with parents/carers, support staff and with host employers, directly and through Work Placement Service Providers, is an essential aspect of all workplace learning programs. For school based apprenticeships and traineeships, this also includes the training provider and the employer, or host employer where a group training organisation is the employer.

1.7

A range of mandatory and support documents has been developed to assist in the implementation of workplace learning programs. See Associated Documents and Forms including the essential Workplace Learning: Procedures and Standards.

1.8

DEC and TAFE NSW must ensure that students with special needs are provided with opportunities on the same basis as other students. This includes identifying and liaising with the workplace around adjustments and accommodations that students with disabilities may require.

2. Audience and Applicability

2.1

This policy applies to all education and training organisations involved in the provision of workplace learning to students, aged 14 or over, in NSW government secondary, central and special schools or contracted private or community RTOs and school students enrolled in HSC and other vocational education and training (VET) courses in TAFE NSW institutes. This policy also applies to students solely enrolled in TAFE NSW and undertaking workplace learning for HSC courses.

2.2

The policy also applies to community stakeholders involved in the provision of workplace learning including Work Placement Service Providers.

2.3

This policy also applies to school based apprenticeships and traineeships.

3. Context

3.1

This policy supports:

3.2

The participation of local businesses, larger employers, industry groups, community agencies and RTOs is an invaluable and essential aspect of the skill and knowledge environment available through workplace learning.

3.3

The nature of workplace learning, with its off-site learning locations and the participation of non-Department personnel, poses risks to students that do not apply within the school. The Department has a paramount concern for the safety, welfare and well-being of students while enabling this valuable approach to learning to operate effectively.

3.4 Document History and Details

Implementation Date – 01/09/2005

Web publication Date – 22/01/2014

Reference Number – PD/2005/0016/V04

Approval Date – 04/08/2005

Approving Officer – Deputy Director-General, Schools, Date 4 Aug 05

Superseded Documents

Document History

Main Changes Since Previous Version

  • Update responsibilities of employers and schools to reflect the Work Health Safety Act 2011
  • Update the context of the policy document
  • Reminder that duty of care includes preparing students for workplace learning
  • A new section on using the DEC Incident Reporting Policy and Procedures in relation to incidents in the host workplace

Policy Contact

Assistant Director, Senior Pathways, ph (9266 8315)

NSW TAFE Commission Reference Numbers – ISBN 9780731387274

SCIS Number – 1595413

Publication Data

Publicly-available – Yes

Storage location – wwwpolicies: central Primary location – Schools | Curriculum & school work | Vocational education

Alt. location (I) – TAFE | Student administration | Workplace learning

Leading and Managing the School categories – Student welfare | School & community partnerships

Subject keywords – Work experience, work placement, career education, enterprise education, community learning, student mentoring, students with disabilities, students with special needs.

4. Responsibilities and Delegations

4.1

School Principals and where relevant, the responsible TAFE NSW Institute Managers have the primary responsibility for approving workplace learning programs. They must take reasonable steps to ensure that students, staff, relevant registered training organisations (RTOs), Work Placement Service Providers, parents/carers, and host employers are aware of their responsibilities in the implementation of workplace learning programs.

4.2

The Department’s duty of care for students cannot be delegated from the school or TAFE NSW institute or RTO to any stakeholder group involved in workplace learning other than in the situation of a student using privately undertaken regular paid, part-time work as an approved workplace learning placement. Duty of care includes providing suitable preparatory activities to optimise students’ safe and effective participation in the planned workplace learning experience. The Department’s duty of care does apply to the implementation of school based apprenticeships and traineeships.

4.3

Engagement of Work Placement Service Providers and host employers is subject to collaborative input and advice from local Principals and the responsible TAFE NSW Institute Manager and their nominated or delegated staff.

4.4

Parents/carers are responsible for providing the reliable emergency contact for their young person where the student undertakes workplace learning outside normal business hours.

4.5

The Senior Pathways Unit is responsible for publishing and ensuring the currency of the policy on the DEC policy website.

4.6

Users must verify the currency of this policy by reference to the DEC policy website.

5. Monitoring, Evaluation and Reporting Requirements

5.1

Principals and the responsible TAFE NSW Institute or RTO Managers or delegates are responsible for monitoring and evaluating workplace learning programs.

5.2

Workplace learning should be included in the School Management Plan as part of the school’s curriculum delivery of vocational education for all students.

5.3

The implementation of workplace learning programs must be reported annually, or as required, to the school and where relevant, TAFE NSW institute or RTO, management and community.

5.4

Schools and TAFE NSW institutes are required to report incidents involving the safety of school students, including near misses, while they are undertaking workplace learning in accordance with the Department’s Incident Reporting Policy and Procedures (intranet only).

6. Contact

Assistant Director, Senior Pathways, ph (9266 8315)

Last Modified: 2017-06-23 13:23:45