ACCESS, EQUITY AND ANTI DISCRIMATION

ACCESS, EQUITY AND ANTI DISCRIMATION

1. Policy

In line with obligations under Victorian and Commonwealth legislation, Emergency First Aid Pty Ltd is committed to promoting a fair and equitable environment for staff and clients that is free from discrimination, harassment and vilification.

This policy applies to all current and prospective Emergency First Aid Pty Ltd staff and students and should be read in conjunction with the ‘Complaints and Appeals Policy & Procedure’.

Standards for RTO’s 2015.v2
– Chapter 6 – Regulatory Compliance & Governance Practice

The Users Guide for Standards for RTO’s 2015.v2 – Chapter 6 focuses on the Standards for Registered Training Organisations 2015 (the Standards) and clauses relevant to registered training organisations’ (RTOs) regulatory compliance, reporting and governance practice underpin the good management of RTOs—and, as a result, their effective functioning and sustainability as businesses. These Standards support RTOs to provide high-quality student experiences and learning outcomes. Under the Standards relevant to regulatory compliance and governance, RTOs are responsible for:

  • ensuring authorised executive officers are in place and meet Fit and Proper Person Requirements (clause 7.1)
  • satisfying Financial Viability Risk Assessment Requirements (clause 7.2)
  • complying and reporting (clauses 2.1 and 8.4 to 8.6)
  • recording, monitoring and reporting third-party arrangements (clauses 2.3, 2.4 and 8.3)
  • holding public liability insurance (clause 7.4)  meeting Data Provision Requirements (clause 7.5)
  • providing requested information to ASQA (clauses 8.1 and 8.2).

This policy and procedure covers Clauses 8.5 and 8.6

Clauses 8.5 – 8.6 Comply with all relevant legal requirements

Clause 8.5

The RTO complies with Commonwealth, state and territory legislation and regulatory requirements relevant to its operations.

Clause 8.6

The RTO ensures its staff and clients are informed of any changes to legislative and regulatory requirements that affect the services delivered.

What these Clauses mean for our RTO

Your RTO must also comply with all relevant legislative and regulatory requirements at all times. This includes, but is not limited to, demonstrating compliance (if applicable) with:

  • the NVR Act and the legislative instruments it enables
  • the VET Quality Framework
  • legislation, regulations and standards related to delivery of training to overseas students
  • VET Student Loans legislation and rules
  • workplace health and safety legislation and regulations
  • anti-discrimination legislation and regulations
  • consumer protection requirements.

You must keep your staff and clients (including students) informed about any changes to legislative and regulatory requirements that may affect the delivery of training and assessment. It is your RTO’s responsibility to ensure it is aware of all relevant requirements.

Compliance with Legislation

The RTO must comply with relevant Commonwealth, State or Territory legislation and regulatory requirements that are relevant to its operations and its scope of registration. It ensures that its staff and clients are fully informed of these requirements that affect their duties or participation in vocational education and training.

The RTO must systematically identify the legislation that relates to its operations; ensure that it is complying with this legislation; and, that it continues to comply with it. When staff commence working for the RTO (and on an ongoing basis as required) they are informed of the impact the legislation has on the way in which they carry out their duties.

Clients are provided with information about relevant legislation and their related rights and responsibilities.

Access and equity in vocational education and training

  • All registered training organisations must meet their access and equity obligations by providing equivalent opportunities for all their clients.

What is access and equity?   

Access and equity in the vocational education and training context refers to

  • ‘the policies and approaches that ensure that vocational education and training is responsive to the diverse needs of all clients. Through the implementation of these policies and approaches, the benefits of participating in vocational education and training are available to everyone on an equitable basis…’

The overall goal is to provide equitable access to and outcomes from vocational education and training. Groups that have long been identified in the higher education sector as experiencing disadvantage include:

All registered training organisations must meet their access and equity obligations by providing equivalent opportunities for all their clients.

The overall goal is to provide equitable access to and outcomes from vocational education and training. Groups that have long been identified in the higher education sector as experiencing disadvantage include:

  • People from socio-economically disadvantaged backgrounds
  • Indigenous Australians
  • Women
  • People from culturally and linguistically diverse backgrounds, particularly new arrivals to Australia, refugees and emerging communities
  • People with a disability
  • People from rural, regional and remote locations.

Why are access and equity issues so important?

A person from an equity group has the same right to study at an educational institution as any other student. To ensure this can happen, registered training organisations must address equity issues to comply with the NVR Standards for Registered Training Organisations by addressing equity issues.

How can access to training be improved?

Access generally refers to the ability of an individual to enter training. Improving access for equity groups may therefore involve such strategies as:

  • improving physical access to a training venue;
  • ensuring that selection criteria to enter a training program do not discriminate against learners;
  • adapting marketing activities to encourage all learners.

What are some examples of equity strategies?

In addition to improving access to vocational education and training, equity refers to the capacity for all learners to achieve results in training and to receive training in an inclusive environment. Inclusive environments acknowledge and value the differences between people and cultures; they include rather than exclude.

Examples of equity strategies are:

  • providing a learning environment that is inclusive of learner requirements;
  • adjusting assessments to meet individual circumstances;
  • delivering training that is culturally appropriate by considering such things as cultural sensitivities and appropriateness, learning preferences, values and priorities, issues arising from English being a second or third language, and gender;
  • tailoring training packages for specific client groups and workplaces;
  • implementing policies on fee reduction;
  • developing and using training materials that utilise the principles of universal design and are inclusive and accessible to all learners..

This policy also relates to:

Standards for RTO’s 2015.v2 – Chapter 2 – Enrolment

The Users Guide for Standards for RTO’s 2015.v2 – Chapter 2 – focuses on the student’s enrolment experience with their registered training organisation (RTO), the second phase of the student’s journey.

Under the Standards for Registered Training Organisations 2015 (the Standards) relevant to the enrolment phase of the student journey, RTOs are responsible for:

  • informing and protecting students (clauses 5.1 to 5.3)
  • protecting pre-paid fees by students (clause 7.3)
  • providing credit for prior studies (clause 3.5).

2. Procedure

2.1 Emergency First Aid Pty Ltd staff will adhere to the principles and practices of equity in education and training.

3. Emergency First Aid Pty Ltd Pty Ltd acknowledges its legal obligations under State and Federal equal opportunity laws that include:

    • The Racial and Religious Tolerance Act 2001 (Cth)
    • Racial Discrimination Act 1975;
    • The Sex Discrimination Act 1984 (Cth)
    • The Disability Discrimination Act 1992 (Cth)
    • Disability Standards for Education 2005
    • Human Rights and Equal Opportunities Act 1986;
    • The Equal Opportunity Act 1995 (Vic)
    • The Privacy Act 2000(Cth)

Registered training organisations must also comply with the anti-discrimination legislation that applies within their state or territory.

3.1 Training and employment services are available to all clients regardless of ethnicity, gender, age, marital status, sexual orientation, physical or intellectual impairment.

3.2 Sexual harassment is illegal, and will not be permitted in the workplace, or in the training environment.

3.3 Emergency First Aid Pty Ltd will treat every client fairly and without discrimination.

3.4 Grievance procedures are in place to ensure that any concerns are dealt with immediately and appropriately. (Refer to the Complaints and Appeals Policy & Procedure).

3.5 Where possible, a range of support services or appropriate referrals will be provided to participants with special needs.

 4. Staff responsibilities

All employees are required to ensure all clients receive fair and equitable services within their scope of responsibility. All staff hold the responsibility to maintain a work and study environment free from discrimination and harassment.

Management is responsible for ensuring adherence to the Emergency First Aid Pty Ltd’s policies and procedures that support this goal.

5. Client selection

Clients will not be denied access to services offered by Emergency First Aid Pty Ltd where they are deemed eligible for the service. Clients will be individually assessed on their eligibility for the service being provided and selection will comply with relevant equal opportunity legislation and the selection criteria for the service.

Whilst practising an open access policy, it is recognised that client eligibility for services may be influenced by:

  • Government funding/contract requirements
  • Course pre-requisites, and
  • Availability of services.

Where limited places are available, client selection is on a first in, first served basis

6. Charter of Human Rights and Responsibilities – Victoria

The Charter of Human Rights and Responsibilities is a Victorian law that sets out the basic rights, freedoms and responsibilities of all people in Victoria.
It requires that governments, police, local councils and other public authorities (for example, government school councils, public hospitals and privatised prisons) consider human rights when they make laws, develop policies or provide services.

It aims to build a fairer, more inclusive community by requiring that the Victorian Government, local councils and other public authorities consider human rights when they make laws, develop policies and provide services.

The Charter gives legal protection to 20 fundamental human rights, such as the right for people to have a fair trial, the right to say what they think, the right to join groups and meet freely, and the right to enjoy their culture.

In certain circumstances, some rights may be limited. However, this must be necessary and reasonable and there must be clear reasons for the decision.

Please note: Emergency First Aid Pty Ltd has a copy of the Charter for Human Rights and Responsibilities in the Student Information Handbook and the Trainers Handbook so Trainers are aware of their obligations..

 

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