AGREEMENT BETWEEN ROAD & MARITIME SERVICES (ABN 76 236 371 088) a NSW Government agency and corporation incorporated under section 46 of the Transport Administration Act 1988 (NSW) of 20-44 Ennis Road, Milsons Point NSW 2061 (“RMS”) AND THE REGISTERED TRAINING ORGANISATION NAMED IN SCHEDULE 1 1 Under the Heavy Vehicle National Law, heavy vehicles that exceed specified dimension and mass limits may only operate on NSW roads under the authority of an exemption notice or permit. These vehicle movements are known as OSOM Movements. Permit conditions may require an OSOM Movement to be accompanied by an Escort Vehicle driven by a person authorised to direct traffic under NSW Road Rules. Under the OSOM EVDS, RMS is able to appoint persons as authorised officers for the purpose of directing traffic under rule 304 of the Road Rules 2014 (NSW) while the person is escorting an OSOM Movement. RMS has developed an Escort Skills Set which defines the level of competency standards that RMS has determined is required to be demonstrated by: (i) individuals who wish to hold an Escort Vehicle driver authorization to operate an Escort Vehicle; and (ii) escort drivers from other jurisdictions who wish to operate an Escort Vehicle in NSW. RMS has approved a training course which is designed to train and assess Applicants in the Escort Skills Set (the Approved Course). RMS wishes to accredit Registered Training Organisations who meet RMS requirements to conduct the Approved Course and Assessments. RTO is a Registered Training Organisation. RTO has applied to RMS to be accredited by RMS to conduct Training and Assessments of Applicants who wish to be authorized to hold an Escort Driver authorization and to issue Statements of Attainment in respect of Applicants in New South Wales. RMS agrees to appoint RTO to: provide the Approved Course and the RTO agrees to provide the Approved Course in accordance with this Agreement; and conduct Assessments of Applicants for an Escort Driver authorisation, and RMS agrees may (but is not obligated to) accept Statements of Attainment issued by the RTO, in accordance with this Agreement. This Agreement should be read in conjunction with the OSOM Policies and Procedures. In this Agreement: “Agreement” means this agreement and includes its Schedules and attachments.
The Performance Audit may take into account (without limitation): the RTO’s continued satisfaction of, and compliance with, the requirements set out in the RMS Requirements; the competency of the RTO’s Trainers; the RTO’s provision of the Approved Course and its conduct of Assessments; the competency of Escort Drivers trained by the RTO; or any other matters RMS reasonably considers appropriate. Provided RMS gives at least 24 hours prior notice to the RTO, the RTO must give (or procure for) RMS access to the following on such days and times required by RMS (being any Business Day between 9am and 5pm): enter the premises used by the RTO for any activities in connection with the Approved Course or Assessments (irrespective of whether or not the premises are owned by the RTO); all training curriculum, training resources and training schedules used by the RTO as part of or in connection with the Approved Course; each Applicant’s Training and Assessment records, results and evaluation sheets; the Reports and Records and any other information maintained by the RTO in connection with this Agreement; and the RTO’s Team, to allow RMS to audit, evaluate, inspect and monitor the RTO’s provision of the Approved Course and conduct of Assessments and its performance of this Agreement. RMS (or its auditor) may without notice attend any Training presentation undertaken by the RTO for the purposes of observing and evaluating the presentation and the RTO must give RMS all necessary access and assistance to enable RMS to do so. The RTO acknowledges that the outcome of a Performance Audit may influence the continued Approval of the RTO under this Agreement. The RTO acknowledges and agrees that RMS may (but is not obligated to do so) undertake the Performance Audit in conjunction with an audit performed by the government body or agency responsible for the registration and monitoring of Registered Training Organisations in New South Wales. Probity Event Notice by RTO The RTO must give notice to RMS as soon as it becomes aware that a Probity Event has occurred or is likely to occur (Probity Event Notice). Probity Event Notice by RMS RMS may give notice to the RTO if RMS becomes aware that a Probity Event has occurred or is likely to occur (Probity Event Notice). Content of Notice The Probity Event Notice must describe the nature of the Probity Event and the circumstances giving rise to it or likely to give rise to it.
Schedule 3 Insurances Insurance Schedule Registered Training Organisation TYPES OF INSURANCES MINIMUM SUM INSURED PERIOD OF INSURANCE INSURANCE COVER IS TO INCLUDE THE FOLLOWING Broad form Public Liability and Product Liability Public Liability $20 million Each and every occurrence Product Liability $20 million Each occurrence & in the aggregate for all occurrences Annually for the duration of the contract plus the duration of any warranty or maintenance periods. Is with an approved insurer as defined in Note 1 of the Definitions and Notes below; Is governed by the law of and subject to Australian jurisdictions as defined in Note 2 of the Definitions and Notes below; Lists the RMS as an additional named insured; and Includes a cross liability clause as defined in Note 3 of the Definitions and Notes below. If no products are being supplied then only Public Liability cover is required. Motor Vehicle Comprehensive or Third Party Property Damage $20 million For any single occurrence Annually for the duration of the contract. Is with an approved insurer as defined in Note 1 of the Definitions and Notes below; Covers motor vehicles owned or used by the Contractor or its sub-contractors directly or indirectly engaged in performance of the Services; and Is governed by the law of and subject to Australian jurisdiction as defined in Note 2 of the Definitions and Notes below; Only required if the contractor will use a motor vehicle in the course of providing the services or if the contractor will use or park their motor vehicles on premises owned or occupied by the RMS. Professional Indemnity $5 million Each and every occurrence and in the aggregate for all occurrences From time contract is awarded to completion of the contract plus 6 years following completion of the contract The Insurance can be taken out as annual covers where the cover is to include a retroactive date being the commencement Is an approved insurer as defined in Note 1 of the Definitions and Notes below; A description of the risk covered by the policy; One automatic restatement per period of insurance; and Is governed by the law of and subject to Australian jurisdiction as defined in Note 2 of the Definitions and Notes below.