Terms & Conditions

There are terms and conditions of your enrolment with Industrico Pty Ltd T/a Australian Construction Training. The terms and conditions together with student handbook, constitute the entire agreement between you and Industrico Pty Ltd T/a Australian Construction Training RTO ID: 91627.

Submitting your own work

By agreeing to these terms and conditions, you declare that all assessment work you submit as part of this course is your own work and not contributed to in any way by any other person. If it is considered at any point that the work submitted using your provided login is not your own work, you will be immediately excluded from the course.

Data Provision Requirements:

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 14 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 14 years of age. The Australian Government regularly gathers non personal information from both public and private providers of Vocational Education and Training for the purpose of strategic planning.  Your permission is sought for this information to be provided on request to the Australian Government for this purpose.

You hereby give permission for non-personal information contained in this terms and conditions to be provided to Australian Federal and State Government Departments for the purpose of statistical analysis.

License to use this website

Unless otherwise stated, Australian Construction Training and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
 

You must not:

• republish material from this website (including republication on another website);
  sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for content specifically and expressly made available for redistribution.
  • Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Australian Construction Training’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Australian Construction Training express written consent.

Restricted Access

Access to certain areas of this website is restricted. Australian Construction Training reserves the right to restrict access to areas of this website, or indeed this entire website, at Australian Construction Training discretion.
If Australian Construction Training provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Australian Construction Training may disable your user ID and password in Australian Construction Training sole discretion without notice or explanation.

User content

In these terms and conditions, 'your user content' means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Australian Construction Training or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Australian Construction Training  reserves the right to edit or remove any material submitted to this website, or stored on Australian Construction Training servers, or hosted or published upon this website.
Notwithstanding Australian Construction Training rights under these terms and conditions in relation to user content, Australian Construction Training does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No Warranties

This website is provided 'as is' without any representations or warranties, express or implied. Australian Construction Training makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Australian Construction Training does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.
• Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

Australian Construction Training will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
• These limitations of liability apply even if Australian Construction Training has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Australian Construction Training liability in respect of any:
death or personal injury caused by Australian Construction Training negligence;
fraud or fraudulent misrepresentation on the part of Australian Construction Training; or
matter which it would be illegal or unlawful for Australian Construction Training to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.

Other Parties

You accept that, as a limited liability entity, Australian Construction Training has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Australian Construction Training officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Australian Construction Training officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Australian Construction Training.

Unforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Australian Construction Training and undertake to keep Australian Construction Training indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Australian Construction Training to a third party in settlement of a claim or dispute on the advice of Australian Construction Training legal advisers) incurred or suffered by Australian Construction Training arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

Fees, Refunds & Cancellations

• Completed registration form must be returned to Australian Construction Training.  Certification will not be issued until completed form is returned.
• Payment is required with registration prior to the commencement date of the course.

• Australian Construction Training abide by all practices governing Equal Opportunity, Anti-Discrimination, and Access & Equity.

Fees paid are generally not refundable, but may be transferred to an alternate course or held in credit provided at least five (5) full business days’ notice is received prior to the course start date.  In the case of activities conducted as part of state/territory licence training and assessment programs, fees paid may be transferred to an alternate course or held in credit provided at least five (5) full business days’ notice is received prior to the start date.  ("Business day" means Monday through Friday excluding public holidays). 

Fees may be held in full credit for up to 12 months following which the credit will reduce by 50% of the sum originally paid.

Refunds may be made in the following circumstances:

• Fee overpayment by the student.
• The training has been cancelled by the organisation.
• In the opinion of the organisation, the student would be unreasonably disadvantaged if not granted a refund e.g. a student meets with a serious misadventure and is unable to continue their enrolment.

Process

All Course Refund, Cancellations and Transfers requested by a Student must be notified in writing to accounts@act.com.au and include the following information:

1. Student needs to be identified
2. Cancellation date of the Student
3. Reason for the request

Student’s complete contact information (name, address, phone and email) Our training and assessment programs do attract fees.  The details of the fee structures are contained in the course flyers.

In cases of extreme hardship, an appeal can be made to our CEO who can amend our policies.

 

Candidate Reassessment

In this course, you are allowed one assessment only. If additional re-assessment is required then it will incur additional charge of $150.

 

Other Conditions:

Working with children:

We do NOT accept people under the age of 18 in our training and assessment programs assessment programs except for the following courses:

• Yellow Card – 16 years and over
• White Card – 14 years and over

We will comply with all Federal and State working with Children legislation such as the NSW Child Protection (Working with Children) Act 2012 No 51. https://www.legislation.nsw.gov.au/#/view/act/2012/51 Further information on the Working with Children’s Check is available from Australian Construction Training’s CEO, but this effectively means that we will need to have all staff who come in contact with people under the age of 18, such as assessors, administration staff or clerical staff must be cleared as not being a risk to the health and safety of minors.

This is done through completing an online submission to the appropriate government agency https://www.kidsguardian.nsw.gov.au/child-safe-organisations/working-with-children-check, and until the response is received, we cannot allow the person being reviewed to conduct or interact with the minors unsupervised.

Access and Equity

We are committed to ensuring that we offer training opportunities to all people on an equal and fair basis.

Including women where under-represented, people with disabilities, people from non-English speaking backgrounds, Indigenous Australians, and rural and remote learners.

All candidates have equal access to our training programs irrespective of their gender, culture, linguistic background, race, socio-economic background; disability, age, marital status, pregnancy, sexual orientation or carer’s responsibilities.

All candidates who meet our entry requirements will be accepted into any of our training programs.

Any issues or questions regarding access and equity can be directed to Australian Construction Training’s National Training Manager.

Complaints and Appeals

The National Training Manager will ensure that ACT maintains policies and procedures to address and manage complaints and appeals efficiently and effectively.

We at ACT want the candidates to study in a safe environment free from unfair treatment or harassment.  

The Handbooks will have the following information:

• The timeframe for making a complaint or appeal and the timeframe for processing the application.
• Where and how the complaint or appeal can be lodged.
• What information is required to activate the investigation into the complaint or appeal.
• The maximum time it will take to receive a reply.
• What to do if the reply is not considered satisfactory.
• Reference to where the person may go if the complaint is not settled satisfactorily with the ACT.

Each student, employee, trainee/assessor and consultant have the opportunity to formally lodge an appeal or complaint.

The Process

The complaint or appeal should be lodged within fourteen (14) working days of the incident.

A complaint or appeal should be investigated and processed within a five (5) day period from the date of lodgement and a Statement of Outcomes & Decisions (SOPF 8-006) must be provided to the student within seven (7) days of the final decision.

Any formal complaints must be in writing and will be directed to the National Training Manager.

All complaints are recorded within the relevant files and again on the Student Notes within the EMT system and again in the Complaint & Harassment Register (SOPF 8-005). 

If an employee has a complaint, they should direct their issue in writing to the National Training Manager.

All complaints and appeals will be treated with respect and in confidence and given a fair objective hearing.  Any discussions will remain confidential.

If the complaint is in regard to harassment then refer to the procedure specific to Harassment (herein).

 

Complaints Procedure: Students, if unable to resolve their complaint initially with the staff member or fellow student, will be required to formally submit their complaint in writing, via email to; info@actraining.com.au or via post to; 

National Training Manager
Industrico Pty Ltd t/a Australian Construction Training
1729 Botany Road,
Banksmeadow NSW 2019

The National Training Manager should within fourteen (14) days from a complaint or appeal being received:

• Confirm the information from the complainant and discuss what outcomes they expect.
• Explain their rights to support or representation, ensure complainant understands the process and include acknowledgement by having the complainant sign off that their statement is true and correct.
• Investigate the issues set out in email or written complaint from the candidate.
• If the facts are in dispute, and the allegation is serious, speak to the complainant first and discuss the matter.  If necessary, speak to witnesses (this needs to be done very carefully, so as not to breach confidentiality, no more witnesses than absolutely necessary should be spoken to).
• If the facts are not in dispute, and the allegation is of a minor nature; mediate an acceptable outcome between both parties (e.g. an apology, an undertaking not to repeat the behaviour).
• Complete the Complaint Investigation Form (SOPF 8-002).
• A formal Statement of Outcomes & Decisions (SOPF 8-006) is to be completed and signed off by the National Training Manager and sent to the Complainant and Respondent within seven (7) working days of the decision.
• Where ACT considers more than 60 calendar days are required to process and finalise the complaint, the National Training Manager will;
  • Inform the complainant in writing, including reasons why more than 60 calendar days are required, and
  • Regularly update the complainant on the progress of the matter
• The National Training Manager will record details of the complaint on the ‘Complaints and Appeals Registers’, making appropriate notes as the complaint progresses through the process identified above.
• The National Training Manager will review the ‘Complaints and Appeals Registers’ on an annual basis (as the number of complaints have always been low or nil, if this changes the frequency will be increased on a six monthly and then quarterly basis) to identify whether there are any trends emerging which may indicate an improvement to policy / procedures or resources is required.
• The student is to be appraised of any (if any) fees to be applied should the student request an Independent Third-Party Review.

Any recommendations that are made in the Statement of Outcomes & Decisions (SOPF 8-006) that recommends action for Continuous Improvement is to be addressed at the monthly meeting.

Always treat a complaint as “real”, be tolerant and take the complaint seriously:

• Look for any possible cause, it maybe the complaint expressed is not always the real issue.
• Treat every complaint as serious.
• Remember to listen and be empathetic.
• Note all of the facts and make sure you understand the issue.
• Take action.
• Discuss the issues and try to agree on the outcomes.

If an agreement on the desired outcome cannot be reached, the complaint may be reviewed by an appropriate party independent of ACT and the complainant, at the request of the complainant. This may involve:

• • Contacting the National Complaints Hotline to identify relevant authorities to ensure the most appropriate organisation for assistance. The hotline can be accessed by the following contact details;
    • Phone: 13 38 73, Monday–Friday, 8am to 6pm nationally.  
    • Email: skilling@education.gov.au 
  • Contacting the Office of the Information Commissioner NSW or Office of the Australian Information Commissioner in matters concerning the collection and use of personal information

Candidates are also able to lodge a complaint about a RTO with ASQA.  The ASQA process is detailed at:

http://asqa.gov.au/complaints/make-a-complaint---domestic-students/make-acomplaint---domestic-students1.html  

ASQA
GPO Box 9928
Melbourne VIC 3001
Ph: 1300 701 801 (9:00am – 7:00pm EST)
Web: enquiries@asqa.gov.au

Please note the following extract from the above referenced website:

• ASQA takes a risk-assessment approach to complaints—our resources are limited so must focus on the most serious complaints.
• ASQA's role is not to act as a student advocate for individual students. Rather, ASQA uses the information reported through complaints to inform how it regulates training providers.
• ASQA has specific confidentiality obligations in relation to registered providers. This means ASQA will not advise you of the action it takes in relation to your complaint

A further option available to people and organisations is the National Training Complaints Hotline.  

This number is 13 38 73 and is staffed Monday–Friday, 8am to 6pm nationally.

More details on the National Complaints Hotline can be found at

http://www.industry.gov.au/skills/nationaltrainingcomplaintshotline/Pages/default.aspx  

Assessment appeal

Should a student appeal an assessment result they should first contact their Trainer/Assessor and discuss the result and their concerns.  The Trainer/Assessor is then responsible to investigate and raise the relevant assessment and present it to the National Training Manager for review – if the National Training Manager was the Trainer/Assessor in this instance the Trainer/Assessor should present the assessment in question to the Chief Executive Officer for review.

The process and timeframe to review and advise the outcome should follow that of a complaint being lodged – See previous Page.

 

Discipline

Australian Construction Training attempts to provide training and assessment services in a spirit of co-operation and mutual respect.

If a trainer or staff member is unhappy or dissatisfied with the behaviour or performance of a candidate the trainer has the authority to:

• Warn the candidate that their behaviour is unsuitable, or
• Ask a candidate to leave the class, without refund or acceptance into another course, or
• Immediately cancel the class.

Australian Construction Training, has a zero-tolerance policy towards illegal drugs. Any person found to be in possession or under the influence of illegal drugs will be asked to leave the premises.

Anybody found to be under the influence of drugs or alcohol that will adversely affect their performance will be asked to leave the premises.

In some cases, prescription drugs will affect your performance, please discuss this with your trainer prior to course commencement.

Cheating or plagiarism (copying of someone else’s work) will not be tolerated and will result in the candidate’s assessment being dismissed.

We expect that our staff will maintain a professional and ethical working relationship with all other staff, management and candidates. Any breach of our disciplinary Standards will be discussed with the trainer and Australian Construction Training National Training Manager and the appropriate action will be taken.

If a candidate wishes to express a complaint in relation to the disciplinary action taken, they have the opportunity to follow our complaints procedure. 

 

Language, Literacy and Numeracy (LLN) Assistance

Our course standard material contains written documentation and limited numerical calculations.

We understand that not all people are able to read, write and perform calculations to the same standards. We will endeavour to help you where we can to accommodate anyone with difficulties with Language, Literacy or numeracy.

In the event that a candidate’s needs further training in LLN, we will refer the candidate to an external support provider such as their local TAFE campus.

 

Candidate Support, Welfare and Guidance

We will assist all candidates in their efforts to complete our training programmes.

In the event that you are experiencing any difficulties with your studies we would recommend that you see your trainer, or another member of Australian Construction Training staff. 

We will make every effort to support you in your studies; we allow additional coaching/training if needed and recommended by the Trainer/Assessor.

Should you be experiencing any personal difficulties you should make contact directly with the ACT’s National training Manager who will assist you to the full extent of our capacity.

If you need support in terms of verbal assessment, Australian Construction Training will let the NSW Workcover Assessor know about your special requirements. 

You can seek support immediate by contacting:

Interpreting Services:

TIS 13 14 50

Lifeline: 131 114

Literacy and Numeracy Support:

National: Australian Council of Adult Literacy phone 03 9469 2950 email acal@pacific.net.au

 

Workplace Health and Safety Policy

The Work Health and Safety Act 2011 and Work Health and Safety Regulations 2011 describes Australian Construction Training’s duty of care to provide a safe and healthy working environment for all employees, and the employee’s duty of care to take reasonable care for the health and safety of others within the work place. This includes the provision of: 

• a workplace that is safe to work in, with working procedures that are safe to use,
• adequate staff training including topics such as safe work procedures,
• properly maintained facilities and equipment, 
• a clean and suitably designed work place with the safe storage of goods such as chemicals.

The following procedures and Standards must be observed to achieve a safe working and learning environment:

• Maintain a safe, clean and efficient, working environment,
• Implement procedures and practices, in a variety of situations, in accordance with State and Local Government Health regulations,
• Store and dispose of waste according to health regulations,
• Clean walls, floor and working surfaces to meet health and safety Standards without causing damage,
• Check all equipment for maintenance requirements,
• Refer equipment for repair as required,
• Store equipment safely,
• Identify fire hazards and take precautions to prevent fire,
• Safe lifting and carrying techniques maintained,
• Ensure Candidate safety at all times,
• Ensure procedures for operator safety are followed at all times,
• All unsafe situations recognised and reported,
• Display first aid and safety procedures for all staff and candidates to see,
• Report any identified Occupational Health and Safety hazard to the appropriate staff member as required.

 

Harassment and Discrimination Policy

ACT is required under Australian law to ensure that we provide a workplace that is free from all forms of harassment and discrimination (including victimisation and bullying) so that staff and candidates feel valued, respected and are treated fairly.

ACT will ensure that all of our staff understand their roles and responsibilities in creating such a workplace, by a process of training, communication, mentoring and by example, and we will ensure all of our staff are aware of the processes and procedures for addressing any form of harassment or discrimination.

Staff and candidates should be aware of the following definitions:

'Bullying' - is unwelcome and offensive behaviour that intimidates, humiliates and/or undermines a person or group. Bullying involves a persistent pattern of behaviour over a period time and may include verbal abuse, physical assault, unjustified criticism, sarcasm, insult, spreading false or malicious rumours about someone, isolating or ignoring a person, putting people under unnecessary pressure with overwork or impossible deadlines, and sabotaging someone's work or their ability to do their job by not providing them with vital information and resources.

'Confidentiality' - refers to information kept in trust and divulged only to those who need to know.

'Discrimination' - is treating someone unfairly or unequally simply because they belong to a group or category of people. Equal opportunity laws prohibit discrimination on the grounds of sex, marital status, pregnancy, family responsibility, family status, race, religious beliefs, political conviction, gender history, impairment, age or sexual orientation. Victimisation is also treated as another ground of discrimination.

'Harassment' - is any unwelcome and uninvited comment or action that results in a person being intimidated, offended, humiliated or embarrassed. Equal opportunity laws prohibit harassment on the grounds of sex and race.

'Personnel' - refers to all employees of Australian Construction Training.

'Racial Harassment' - occurs when a person is threatened, abused, insulted or taunted in relation to their race, descent or nationality, colour, language or ethnic origin, or a racial characteristic. It may include derogatory remarks, innuendo and slur, intolerance, mimicry or mockery, displays of material prejudicial to a particular race, racial jokes, allocating least favourable jobs or singling out for unfair treatment.

'Sexual Harassment' - is any verbal or physical sexual conduct that is unwelcome and uninvited. It may include kissing, embracing, patting, pinching, touching, leering or gestures, questions about a person's private or sexual life, requests for sexual favours, smutty jokes, phone calls, emails, facsimiles or messages, offensive noises or displays of sexually graphic or suggestive material.

'Victimisation' - includes any unfavourable treatment of a person as a result of their involvement in an equal opportunity complaint. Unfavourable treatment could include: adverse changes to the work environment; denial of access to resources or work.

Specific principles

• All staff and candidates have a right to work in an environment free of any form of harassment and discrimination,
• All reports of harassment and discrimination will be treated seriously, impartially and sensitively. Harassment and discrimination, including victimisation and bullying, is unwelcome, uninvited and unacceptable behaviour that will not be tolerated,
• When management is informed of any harassment or discrimination it has the responsibility to take immediate and appropriate action to address it,
• In dealing with all complaints, the rights of all individuals should be respected and confidentiality maintained,
• Whenever possible, all complaints should be resolved by a process of discussion, cooperation and conciliation. The aim is to achieve an acceptable outcome while minimising any potential damage to our organisation, 
• Both the person making the complaint, and the person against whom the complaint has been made, will receive information, support and assistance in resolving the issue,
• Victimisation is unacceptable and will not be tolerated. No person making a complaint, or assisting in the investigation of a complaint, should be victimised,
• Harassment or discrimination should not be confused with legitimate comment and advice (including feedback) given appropriately by management or trainers, 
• Staff and candidates should not make any frivolous or malicious complaints. All staff and candidates are expected to participate in the complaint resolution process in good faith.