Terms and Conditions

LICENCE AGREEMENT – Certificates in Spoken and Written English

Between State of New South Wales represented by its Adult Migrant English Service (NSW AMES) of 213 Pacific Hwy St Leonards, NSW 2065 (“Licensor”)

And the purchasing Registered Training Organisation (“Licensee”) RTO Name and Number:

Certificate(s) in Spoken and Written English.

Terms and Conditions

You must agree to all the terms and conditions of this Licence Agreement (“Licence”) for the Licence Certificate(s) to be issued. Once payment of the Fees specified at /curriculum-licences/cswe-licences.aspx has been processed, NSW AMES will dispatch your Licence Certificate(s), curriculum document(s) and your receipt to your mailing and/or email address.

1. The Licensor grants the Licensee a revocable, unrestricted licence to broadcast, transmit or communicate the Certificates in Spoken and Written English (CSWE) course(s) as set out at clause 5.

2. The Licensee is a Registered Training Organisation (RTO) in Australia. This Licence will terminate if registration is suspended or ceases.

3. The Licensee will add the CSWE course(s) for which the Licence Certificate(s) have been purchased to their scope of registration with the Australian Skills Authority (ASQA), prior to conducting training or assessment leading to an accredited qualification.

4. The Licensee must ensure that the course is taught only at the site(s) specified on the Licence Certificate. For the purposes of this Licence, a site is defined as an educational centre at which continuous tuition is offered, inclusive of any outreach/community site which does not offer continuous tuition but which is serviced/ administered from the educational centre at which continuous tuition is offered.

5. The Licensee must in the use of the course Licensed by this agreement:-

  • not sub-license the Licensed material
  • comply with the requirements of the Copyright Act 1968 (Cth) in respect of all printed material in the curriculum
  • provide ongoing professional support and moderation processes for teachers engaged in teaching the curriculum and ensure satisfactory course completion
  • ensure that at least 80% of teachers delivering the course participate in moderation and quality control workshops conducted at least once a year throughout the accreditation period
  • securely store the electronic PDF copy on the Licensee’s intranet
  • Provide accessibility only for the designated curriculum manager or equivalent and English as a second language teachers using the CSWE curriculum to print up to 100% of the PDF electronic files for internal use only

6. The Licensor will provide the Licencee with an electronic PDF copy of the curriculum document(s) and assessment grids upon payment of Licence fees.

7. The Licensor does not warrant that the electronic PDF copy will meet the Licensee’s requirements. The Licensee acknowledges that use of the electronic PDF copy is at its own risk and accepts the risks relating to satisfactory quality, performance and accuracy.

8. The Licence is granted for the period stated on the Course Certificate, commencing on the date of the signature and terminating on the date of expiry of course accreditation.

9. The Licensee must ensure that courses taught within the CSWE framework are delivered by trained teachers and assessors whose minimum teaching qualifications must be the following:

Teachers

Teachers must be trained teachers with the following teaching qualifications:
a.) A recognised bachelor degree – a formal qualification awarded by an Australian university or tertiary institution, or its onshore or overseas equivalent, that is at least three years full‐time in length or its part‐time equivalent and a recognised postgraduate TESOL qualification at AQF 8 or higher – resulting from a course of study in which course content of no less than 100 contact hours (or distance learning equivalent) covers the grammar of the English language, language learning and TESOL methodology and includes a *practicum

or

A Bachelor of Education with a TESOL major or equivalent that includes a *practicum and

b.) All delivery must be undertaken by trainers who meet the requirements stated to apply under the Standards for NVR registered Training Organisations or the Australian Quality Training Framework (AQTF) in effect at the time at which training is conducted. This includes the necessary training competencies determined by the National Skills Standards Council (NSSC) or its successors in effect at the time of assessment.

*NOTE:
The practicum must be at least 60 hours, which includes, for example, supervised teaching, observation, field visits, resources evaluation, team teaching, volunteer tutoring etc.
If a course undertaken has less than 60 hours practicum, teachers must demonstrate teaching experience equivalent to 60 hours, or must make up the difference in duration by individually organising a supervised practicum. Appropriate documentation of such a practicum should be kept.

Assessor competence

Assessors must be trained teachers with the following teaching qualifications:

a.) A recognised bachelor degree – a formal qualification awarded by an Australian university or tertiary institution, or its onshore or overseas equivalent, that is at least three years fulltime in length or its part-time equivalent and a recognised postgraduate TESOL qualification at AQF 8 or higher – resulting from a course of study in which course content of no less than 100 contact hours (or distance learning equivalent) covers the grammar of the English language, language learning and TESOL methodology and includes a *practicum

or

b.) A Bachelor of Education with a TESOL major or equivalent that includes a practicum. All assessment must be undertaken by assessors who meet the requirements stated to apply under the Standards for NVR registered Training Organisations or the Australian Quality Training Framework (AQTF) in effect at the time at which assessment is conducted. This includes the necessary assessment competencies determined by the National Skills Standards Council (NSSC) or its successors in effect at the time of assessment.

*NOTE:

The practicum must be at least 60 hours, which includes, for example, supervised teaching, observation, field visits, resources evaluation, team teaching, volunteer tutoring etc. If a course undertaken has less than 60 hours practicum, teachers must demonstrate teaching experience equivalent to 60 hours, or must make up the difference in duration by individually organising a supervised practicum. Appropriate documentation of such a practicum should be kept. It is desirable for assessors and teachers delivering programs that focus on the development of numeracy skills through the elective numeracy modules, to have training and professional development in numeracy teaching.

10.  The parties must settle any dispute arising out of this agreement, except where urgent relief is required, as follows:-

a.)  a party claiming that a dispute has arisen must send a notice to the other party giving details of the dispute;
b.) after a dispute notice has been sent the matter will be referred to senior executives of each party who must attempt to resolve the dispute in good faith; and
b.) after a dispute notice has been sent the matter will be referred to senior executives of each party who must attempt to resolve the dispute in good faith; and
c.)  if the dispute is not resolved by them within 14 days, the parties agree to try and settle it by a mediation through the Australian Commercial Disputes Centre in accordance with its then current guidelines for commercial mediations (these set out the rules for choosing a mediator, costs etc).

11. Miscellaneous

a.) This Licence is created, and is to be performed, interpreted and enforced inaccordance with the laws applicable in New South Wales, and the Parties submit tothe non-exclusive jurisdiction of the Courts of that place.
b.) The Parties acknowledge that they have received legal advice or have had the opportunity of obtaining legal advice prior to agreeing to these Terms and Conditions.
c.) This Licence constitutes the entire agreement between the Parties and no variationwill be binding unless agreed in writing by the parties.

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