Common use of SPECIFIC AUDITS OR REVIEWS Clause in Contracts

SPECIFIC AUDITS OR REVIEWS. 12.1 Under Clause 11 of this Contract (Audit, Review and Investigation), the Department may audit Evidence of Participation, Evidence of Eligibility and/or Evidence of Fee Concession/Fee Waiver at any time. 12.2 To avoid doubt, where the Department takes any action under Clause 16 (Enforcement) of this Contract in relation to audits of the type referred to in Clause 12.1 of this Schedule 1, this does not limit any of the Department's other rights under Clauses 16 and 17 (Termination Rights) of this Contract. 12.3 The Department may conduct an Evidence of Participation audit, using a statistically valid sample size it determines. If the audit reveals unsupported subjects (exceptions) without satisfactory Evidence of Participation in accordance with this Contract (including Clause 9 of this Schedule 1) and the percentage of exceptions exceeds a threshold determined by the Department, it may take action under Clause 16 (Enforcement) of this Contract. 12.4 For the purpose of Clause 12.3 of this Schedule 1, if the Department: a) applies a monetary amount under Clause 16.2(e), that amount will be 10 per cent of the total Funds claimed and/or paid to the Training Provider across the total population of subjects from which the statistically valid sample has been drawn, multiplied by the percentage of exceptions; and/or b) requires a refund of the Funds under Clause 16.2(d), the value of Funds sought may be up to the percentage of exceptions above the threshold, multiplied by the total Funds claimed and/or paid to the Training Provider across the total population of subjects from which the statistically valid sample has been drawn. 12.5 If an Evidence of Eligibility audit reveals that the Training Provider does not have sufficient documentation to demonstrate it has correctly assessed an individual’s Skills First Entitlement (in accordance with Clause 3 of Schedule 1) and the Training Provider has claimed Funds for that individual (exception), then the Department may take action under Clause 16 (Enforcement) of this Contract. 12.6 For the purpose of Clause 12.5 of this Schedule 1, if the Department applies a monetary amount under Clause 16.2(e), that amount will be 10 per cent of the total Funds claimed and/or paid to the Training Provider for each enrolment for which an exception has been identified. 12.7 If an Evidence of Fee Concession/Fee Waiver audit reveals that the Training Provider does not have sufficient documentation to demonstrate that it has correctly assessed a Skills First Student’s entitlement to receive a Fee Concession or Fee Waiver (in accordance with this Contract, including Clause 5 of this Schedule 1), and the Training Provider has claimed Funds for that individual (exception) then the Department may take action under Clause 16 (Enforcement) of this Contract. 12.8 For the purpose of Clause 12.7 of this Schedule 1, if the Department applies a monetary amount under Clause 16.2(e), that amount will be 10 per cent of the total Fee Concession Contribution or Fee Waiver Contribution claimed and/or paid to the Training Provider for each enrolment where an exception has been identified.

SPECIFIC AUDITS OR REVIEWS. 12.1 Under Clause 11 of this Contract (Audit, Review and Investigation), the Department may audit Evidence of Participation, Evidence of Eligibility and/or Evidence of Fee Concession/Fee Waiver at any time. 12.2 To avoid doubt, where the Department takes any action under Clause 16 (Enforcement) of this Contract in relation to audits of the type referred to in Clause 12.1 of this Schedule 1, this does not limit any of the Department's other rights under Clauses 16 and 17 (Termination Rights) of this Contract. 12.3 The Department may conduct If an Evidence of Participation audit, using a statistically valid sample size it determines. If as determined by the audit Department, reveals unsupported that subjects (exceptions) without are not supported by satisfactory Evidence of Participation in accordance with this Contract (including Clause 9 of this Schedule 1) and ), then where the percentage of exceptions unsupported subjects (exceptions) exceeds a threshold determined specified by the Department, it may take action the Department may: a) apply a monetary amount in accordance with Clause 16 of this Contract (Enforcement); b) require a refund of some or all of the Funds from the Training Provider; and/or c) cancel some or all of the Funds claimed by the Training Provider. Taking any of the actions in this Clause 12.2 does not limit the Department's other rights under Clause Clauses 16 (Enforcement) and 17 (Termination Rights) of this ContractContract in that event, or any of its rights under Clauses 16 and 17 of this Contract in any other circumstance. 12.4 12.3 For the purpose of Clause 12.3 12.2(a) of this Schedule 1, if the Department: a) applies a monetary amount under Clause 16.2(e), that amount will be 10 per cent of the total Funds claimed and/or paid to the Training Provider across the total population of subjects from which the statistically valid sample has been drawn, multiplied by the percentage of exceptions; and/or. b12.4 For the purpose of Clause 12.2(b) requires a refund of the Funds under Clause 16.2(d)this Schedule 1, the value of Funds sought by the Department may be up to the percentage of exceptions above the threshold, multiplied by the total Funds claimed and/or paid to the Training Provider across the total population of subjects from which the statistically valid sample has been drawn. 12.5 If an Evidence of Eligibility audit reveals that the Training Provider does not have sufficient documentation to demonstrate it has correctly assessed an individual’s Skills First Entitlement (in accordance with Clause 3 of Schedule 1) and the Training Provider has claimed Funds for that individual (exception), then the Department may take action may: a) apply a monetary amount in accordance with Clause 16 of this Contract (Enforcement); b) require a refund of some or all of the Funds from the Training Provider; and/or c) cancel some or all of the Funds claimed by the Training Provider. Taking any of the actions in this Clause 12.5 does not limit the Department's other rights under Clause Clauses 16 (Enforcement) and 17 (Termination Rights) of this ContractContract in that event, or any of its rights under Clauses 16 and 17 of this Contract in any other circumstance. 12.6 For the purpose of Clause 12.5 12.5(a) of this Schedule 1, if the Department applies a monetary amount under Clause 16.2(e), that amount will be 10 per cent of the total Funds claimed and/or paid to the Training Provider for each enrolment for which an exception has been identified. 12.7 If an Evidence of Fee Concession/Fee Waiver audit reveals that the Training Provider does not have sufficient documentation to demonstrate that it has correctly assessed a Skills First Student’s entitlement to receive a Fee Concession or Fee Waiver (in accordance with this Contract, including Clause 5 of this Schedule 1), and the Training Provider has claimed Funds for that individual (exception) then the Department may take action may: a) apply a monetary amount in accordance with Clause 16 of this Contract (Enforcement); b) require a refund of some or all of the Funds from the Training Provider; and/or c) cancel some or all of the Fee Concession Contribution or Fee Waiver Contribution claimed by the Training Provider. Taking any of the actions in this Clause 12.7 does not limit the Department's other rights under Clause Clauses 16 (Enforcement) and 17 (Termination Rights) of this ContractContract in that event, or any of its rights under Clauses 16 and 17 of this Contract in any other circumstance. 12.8 For the purpose of Clause 12.7 12.7(a) of this Schedule 1, if the Department applies a monetary amount under Clause 16.2(e), that amount will be 10 per cent of the total Fee Concession Contribution or Fee Waiver Contribution claimed and/or paid to the Training Provider for each enrolment where an exception has been identified.

SPECIFIC AUDITS OR REVIEWS. 12.1 Under Clause 11 of this Contract (Audit, Review and Investigation), the Department we may audit Evidence of Participation, Evidence of Eligibility and/or Evidence of Fee Concession/Fee Waiver at any time. 12.2 . To avoid doubt, where the Department takes we take any action under Clause 16 (Enforcement) of this Contract in relation to audits of the type referred to in Clause 12.1 of this Schedule 1, this does not limit any of the Department's our other rights under Clauses 16 and 17 (Termination Rights) of this Contract. 12.3 The Department . We may conduct an Evidence of Participation audit, using a statistically valid sample size it determinesthat we determine. If the audit reveals unsupported subjects (exceptions) without satisfactory Evidence of Participation (exceptions) in accordance with this Contract (including Clause 9 of this Schedule 1) and the percentage of exceptions exceeds a threshold determined by the Departmentthat we determine, it we may take action under Clause 16 (Enforcement) of this Contract. 12.4 . For the purpose of Clause 12.3 of this Schedule 1, if the Department: a) applies we: apply a monetary amount under Clause 16.2(e), that amount will be 10 per cent of the total Funds claimed by and/or paid to the Training Provider you across the total population of subjects from which the statistically valid sample has been drawn, multiplied by the percentage of exceptions; and/or b) requires and/or require a refund of the Funds under Clause 16.2(d), the value of Funds sought may be up to the percentage of exceptions above the threshold, multiplied by the total Funds claimed by and/or paid to the Training Provider you across the total population of subjects from which the statistically valid sample has been drawn. 12.5 . If an Evidence of Eligibility audit reveals that the Training Provider does you do not have sufficient documentation to demonstrate it has you have correctly assessed an individual’s Skills First Entitlement (in accordance with Clause 3 of Schedule 1) and the Training Provider has you have claimed Funds for that individual (exception), then the Department we may take action under Clause 16 (Enforcement) of this Contract. 12.6 . For the purpose of Clause 12.5 of this Schedule 1, if the Department applies we apply a monetary amount under Clause 16.2(e), that amount will be 10 per cent of the total Funds claimed by and/or paid to the Training Provider you for each enrolment for which an exception has been identified. 12.7 . If an Evidence of Fee Concession/Fee Waiver audit reveals that the Training Provider does you do not have sufficient documentation to demonstrate that it has you have correctly assessed a Skills First Student’s entitlement to receive a Fee Concession or Fee Waiver (in accordance with this Contract, including Clause 5 of this Schedule 1), and the Training Provider has you have claimed Funds for that individual (exception) then the Department we may take action under Clause 16 (Enforcement) of this Contract. 12.8 . For the purpose of Clause 12.7 of this Schedule 1, if the Department applies we apply a monetary amount under Clause 16.2(e), that amount will be 10 per cent of the total Fee Concession Contribution or Fee Waiver Contribution claimed by and/or paid to the Training Provider you for each enrolment where an exception has been identified.

SPECIFIC AUDITS OR REVIEWS. 12.1 Under Clause 11 of this Contract (Audit, Review and Investigation), the Department we may audit Evidence of Participation, Evidence of Eligibility and/or Evidence of Fee Concession/Fee Waiver at any time. 12.2 To avoid doubt, where the Department takes we take any action under Clause 16 (Enforcement) of this Contract in relation to audits of the type referred to in Clause 12.1 of this Schedule 1, this does not limit any of the Department's our other rights under Clauses 16 and 17 (Termination Rights) of this Contract. 12.3 The Department We may conduct an Evidence of Participation audit, using a statistically valid sample size it determinesthat we determine. If the audit reveals unsupported subjects (exceptions) without satisfactory Evidence of Participation (exceptions) in accordance with this Contract (including Clause 9 of this Schedule 1) and the percentage of exceptions exceeds a threshold determined by the Departmentthat we determine, it we may take action under Clause 16 (Enforcement) of this Contract. 12.4 For the purpose of Clause 12.3 of this Schedule 1, if the Departmentwe: a) applies apply a monetary amount under Clause 16.2(e), that amount will be 10 per cent of the total Funds claimed by and/or paid to the Training Provider you across the total population of subjects from which the statistically valid sample has been drawn, multiplied by the percentage of exceptions; and/or b) requires require a refund of the Funds under Clause 16.2(d), the value of Funds sought may be up to the percentage of exceptions above the threshold, multiplied by the total Funds claimed by and/or paid to the Training Provider you across the total population of subjects from which the statistically valid sample has been drawn. 12.5 If an Evidence of Eligibility audit reveals that the Training Provider does you do not have sufficient documentation to demonstrate it has you have correctly assessed an individual’s Skills First Entitlement (in accordance with Clause 3 of Schedule 1) and the Training Provider has you have claimed Funds for that individual (exception), then the Department we may take action under Clause 16 (Enforcement) of this Contract. 12.6 For the purpose of Clause 12.5 of this Schedule 1, if the Department applies we apply a monetary amount under Clause 16.2(e), that amount will be 10 per cent of the total Funds claimed by and/or paid to the Training Provider you for each enrolment for which an exception has been identified. 12.7 If an Evidence of Fee Concession/Fee Waiver audit reveals that the Training Provider does you do not have sufficient documentation to demonstrate that it has you have correctly assessed a Skills First Student’s entitlement to receive a Fee Concession or Fee Waiver (in accordance with this Contract, including Clause 5 of this Schedule 1), and the Training Provider has you have claimed Funds for that individual (exception) then the Department we may take action under Clause 16 (Enforcement) of this Contract. 12.8 For the purpose of Clause 12.7 of this Schedule 1, if the Department applies we apply a monetary amount under Clause 16.2(e), that amount will be 10 per cent of the total Fee Concession Contribution or Fee Waiver Contribution claimed by and/or paid to the Training Provider you for each enrolment where an exception has been identified.

SPECIFIC AUDITS OR REVIEWS. 12.1 Under Clause 11 of this Contract (Audit, Review and Investigation), the Department we may audit Evidence of Participation, Evidence of Eligibility and/or Evidence of Fee Concession/Fee Waiver at any time. 12.2 To avoid doubt, where the Department takes we take any action under Clause 16 (Enforcement) of this Contract in relation to audits of the type referred to in Clause 12.1 of this Schedule 1, this does not limit any of the Department's our other rights under Clauses 16 and 17 (Termination Rights) of this Contract. 12.3 The Department We may conduct an Evidence of Participation audit, using a statistically valid sample size it determinesthat we determine. If the audit reveals unsupported subjects (exceptions) without satisfactory Evidence of Participation (exceptions) in accordance with this Contract (including Clause 9 of this Schedule 1) and the percentage of exceptions exceeds a threshold determined by the Departmentthat we determine, it we may take action under Clause 16 (Enforcement) of this Contract. 12.4 For the purpose of Clause 12.3 of this Schedule 1, if the Departmentwe: a) applies apply a monetary amount under Clause 16.2(e), that amount will be 10 per cent of the total Funds claimed by and/or paid to the Training Provider you across the total population of subjects from f rom which the statistically valid sample has been drawn, multiplied by the percentage of exceptions; and/or b) requires require a refund of the Funds under Clause 16.2(d), the value of Funds sought may be up to the percentage of exceptions above the threshold, multiplied by the total Funds claimed by and/or paid to the Training Provider you across the total population of subjects from f rom which the statistically valid sample has been drawn. 12.5 If an Evidence of Eligibility audit reveals that the Training Provider does you do not have sufficient documentation to demonstrate it has you have correctly assessed an individual’s Skills First Entitlement (in accordance with Clause 3 of Schedule 1) and the Training Provider has you have claimed Funds for that individual (exception), then the Department we may take action under Clause 16 (Enforcement) of this Contract. 12.6 For the purpose of Clause 12.5 of this Schedule 1, if the Department applies we apply a monetary amount under Clause 16.2(e), that amount will be 10 per cent of the total Funds claimed by and/or paid to the Training Provider you for each enrolment for which an exception has been identified. 12.7 If an Evidence of Fee Concession/Fee Waiver audit reveals that the Training Provider does you do not have sufficient documentation to demonstrate that it has you have correctly assessed a Skills First Student’s entitlement to receive a Fee Concession or Fee Waiver (in accordance with this Contract, including Clause 5 of this Schedule 1), and the Training Provider has you have claimed Funds for that individual (exception) then the Department we may take action under Clause 16 (Enforcement) of this Contract. 12.8 For the purpose of Clause 12.7 of this Schedule 1, if the Department applies we apply a monetary amount under Clause 16.2(e), that amount will be 10 per cent of the total Fee Concession Contribution or Fee Waiver Contribution claimed by and/or paid to the Training Provider you for each enrolment where an exception has been identified.

SPECIFIC AUDITS OR REVIEWS. 12.1 Under Clause 11 of this Contract (Audit, Review and Investigation), the Department may audit Evidence of Participation, Evidence of Eligibility and/or Evidence of Fee Concession/Fee Waiver at any time. 12.2 To avoid doubt, where the Department takes any action under Clause 16 (Enforcement) of this Contract in relation to audits of the type referred to in Clause 12.1 of this Schedule 1, this does not limit any of the Department's other rights under Clauses 16 and 17 (Termination Rights) of this Contract. 12.3 The Department may conduct . If an Evidence of Participation audit, using a statistically valid sample size it determines. If as determined by the audit Department, reveals unsupported that subjects (exceptions) without are not supported by satisfactory Evidence of Participation in accordance with this Contract (including Clause 9 of this Schedule 1) and ), then where the percentage of exceptions unsupported subjects (exceptions) exceeds a threshold determined specified by the Department, it may take action the Department may: apply a monetary amount in accordance with Clause 16 of this Contract (Enforcement); require a refund of some or all of the Funds from the Training Provider; and/or cancel some or all of the Funds claimed by the Training Provider. Taking any of the actions in this Clause 12.2 does not limit the Department's other rights under Clause Clauses 16 (Enforcement) and 17 (Termination Rights) of this Contract. 12.4 Contract in that event, or any of its rights under Clauses 16 and 17 of this Contract in any other circumstance. For the purpose of Clause 12.3 12.2(a) of this Schedule 1, if the Department: a) applies a monetary amount under Clause 16.2(e), that amount will be 10 per cent of the total Funds claimed and/or paid to the Training Provider across the total population of subjects from which the statistically valid sample has been drawn, multiplied by the percentage of exceptions; and/or b. For the purpose of Clause 12.2(b) requires a refund of the Funds under Clause 16.2(d)this Schedule 1, the value of Funds sought by the Department may be up to the percentage of exceptions above the threshold, multiplied by the total Funds claimed and/or paid to the Training Provider across the total population of subjects from which the statistically valid sample has been drawn. 12.5 . If an Evidence of Eligibility audit reveals that the Training Provider does not have sufficient documentation to demonstrate it has correctly assessed an individual’s Skills First Entitlement (in accordance with Clause 3 of Schedule 1) and the Training Provider has claimed Funds for that individual (exception), then the Department may take action may: apply a monetary amount in accordance with Clause 16 of this Contract (Enforcement); require a refund of some or all of the Funds from the Training Provider; and/or cancel some or all of the Funds claimed by the Training Provider. Taking any of the actions in this Clause 12.5 does not limit the Department's other rights under Clause Clauses 16 (Enforcement) and 17 (Termination Rights) of this Contract. 12.6 Contract in that event, or any of its rights under Clauses 16 and 17 of this Contract in any other circumstance. For the purpose of Clause 12.5 12.5(a) of this Schedule 1, if the Department applies a monetary amount under Clause 16.2(e), that amount will be 10 per cent of the total Funds claimed and/or paid to the Training Provider for each enrolment for which an exception has been identified. 12.7 . If an Evidence of Fee Concession/Fee Waiver audit reveals that the Training Provider does not have sufficient documentation to demonstrate that it has correctly assessed a Skills First Student’s entitlement to receive a Fee Concession or Fee Waiver (in accordance with this Contract, including Clause 5 of this Schedule 1), and the Training Provider has claimed Funds for that individual (exception) then the Department may take action may: apply a monetary amount in accordance with Clause 16 of this Contract (Enforcement); require a refund of some or all of the Funds from the Training Provider; and/or cancel some or all of the Fee Concession Contribution or Fee Waiver Contribution claimed by the Training Provider. Taking any of the actions in this Clause 12.7 does not limit the Department's other rights under Clause Clauses 16 (Enforcement) and 17 (Termination Rights) of this Contract. 12.8 Contract in that event, or any of its rights under Clauses 16 and 17 of this Contract in any other circumstance. For the purpose of Clause 12.7 12.7(a) of this Schedule 1, if the Department applies a monetary amount under Clause 16.2(e), that amount will be 10 per cent of the total Fee Concession Contribution or Fee Waiver Contribution claimed and/or paid to the Training Provider for each enrolment where an exception has been identified.

SPECIFIC AUDITS OR REVIEWS. 12.1 Under Clause 11 of this Contract (Audit, Review and Investigation), the Department we may audit Evidence of Participation, Evidence of Eligibility and/or Evidence of Fee Concession/Fee Waiver at any time. 12.2 To avoid doubt, where the Department takes we take any action under Clause 16 (Enforcement) of this Contract in relation to audits of the type referred to in Clause 12.1 of this Schedule 1, this does not limit any of the Department's our other rights under Clauses 16 and 17 (Termination Rights) of this Contract. 12.3 The Department We may conduct an Evidence of Participation audit, using a statistically valid sample size it determinesthat we determine. If the audit reveals unsupported subjects (exceptions) without satisfactory Evidence of Participation (exceptions) in accordance with this Contract (including Clause 9 of this Schedule 1) and the percentage of exceptions exceeds a threshold determined by the Departmentthat we determine, it we may take action under Clause 16 (Enforcement) of this Contract. 12.4 For the purpose of Clause 12.3 of this Schedule 1, if the Departmentwe: a) applies apply a monetary amount under Clause 16.2(e), that amount will be 10 per cent of the total Funds claimed by and/or paid to the Training Provider you across the total population of subjects from f rom which the statistically valid sample has been drawn, multiplied by the percentage of exceptions; and/or b) requires require a refund of the Funds under Clause 16.2(d), the value of Funds sought may be up to the percentage of exceptions above the threshold, multiplied by the total Funds claimed by and/or paid to the Training Provider you across the total population of subjects from which the statistically valid sample has been drawn. 12.5 If an Evidence of Eligibility audit reveals that the Training Provider does you do not have sufficient documentation to demonstrate it has you have correctly assessed an individual’s Skills First Entitlement (in accordance with Clause 3 of Schedule 1) and the Training Provider has you have claimed Funds for that individual (exception), then the Department we may take action under Clause 16 (Enforcement) of this Contract. 12.6 For the purpose of Clause 12.5 of this Schedule 1, if the Department applies we apply a monetary amount under Clause 16.2(e), that amount will be 10 per cent of the total Funds claimed by and/or paid to the Training Provider you for each enrolment for which an exception has been identified. 12.7 If an Evidence of Fee Concession/Fee Waiver audit reveals that the Training Provider does you do not have sufficient documentation to demonstrate that it has you have correctly assessed a Skills First Student’s entitlement to receive a Fee Concession or Fee Waiver (in accordance with this Contract, including Clause 5 of this Schedule 1), and the Training Provider has you have claimed Funds for that individual (exception) then the Department we may take action under Clause 16 (Enforcement) of this Contract. 12.8 For the purpose of Clause 12.7 of this Schedule 1, if the Department applies we apply a monetary amount under Clause 16.2(e), that amount will be 10 per cent of the total Fee Concession Contribution or Fee Waiver Contribution claimed by and/or paid to the Training Provider you for each enrolment where an exception has been identified.