School Based Apprenticeships and Traineeships

Insurance, Workplace Supervisors, Duty of Care and SBAT outside of school hours.

Q. Who is deemed the “employer” when the arrangement is with a GTO in relation to insurance and public liability?
A. As part of the contract the GTO has with DTWD for establishing and operating SBAs, the details concerning insurance form part of that contract. In the first instance, the GTO is the employer so ultimately they are responsible for the insurance and public liability and ensuring the host employers have adequate coverage.

Q. When selecting the workplace supervisor, can a workplace learning coordinator negotiate with one responsible workplace supervisor? Is this person at the GTO or the host employer or both?
A. In the first instance it would be the GTO’s workplace supervisor. However it would be expected that the school and the GTO would come to an arrangement where there would be agreement by all three parties – the school, the GTO and the host employer.

Q. If the student is being paid for the training hours on the job are they covered by workers compensation via the employer and is it the employers responsibility to cover duty of care, not the school?
A. The issue is the duty of care; this is separate to workers compensation. Duty of care is owed to all students, regardless of the program they are doing.  Even when the student is on a SBAT and in the workplace, the school and the employer share the duty of care.  We cannot totally give away our duty of care.

Q. What happens if a school staff member can not be on call during holidays or weekends?
A. A member of the supervisory team must be available to be contacted by the host employer. This can extend to other agency staff and volunteers. You can highlight who these people are, and what their specific responsibilities are in the WPL management plan. For example, you may elect a parent/guardian to be on call to approve a variation to work hours or travel arrangements.

Q. What happens if the parent/guardian or nominated member of the supervisory team refuses the role and responsibilities requested of them?
A. External agency staff and volunteers have a right to refuse. The school may not able to appoint a suitable member of the supervisory team, which means aspects of duty of care may not be covered. Schools should strongly consider the risks associated with this in deciding on signing the ETES.

Q. What if the school cannot meet all the requirements in the ETES in terms of covering the hours, out of school time?
A. Schools have a right to refuse signing the ETES. Without a signed ETES in place, the student cannot commence an SBAT. They may commence work, however this will not be considered a school program and as such the school is not responsible for duty of care.

Q. What are the options for the student if the school refuses to sign the ETES?
A.   The school can advise the student and parent/guardian to collect comprehensive evidence of duties, skills and hours worked. This evidence can then be used in a recognition of prior learning process when school resumes. This will apply retrospective credit towards the SBAT upon sign-up. Schools should work with the RTO involved to discuss suitable forms of evidence to be collected.

If you have further questions, or your question was not covered here. Contact your designated regional Education, Training and Industry Liaison Officer to discuss.


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