Conditions of approval for CPD providers

Purpose

These conditions are for all organisations approved by the Strata and Property Services Commissioner for the delivery of training required under the CPD requirements of the Property and Stock Agents Act 2002 (the Act).

These conditions should be read in conjunction with the approved provider guidelines, the CPD requirements and the annual compulsory topic outlines.

Standard conditions

The CPD requirements provide that:

• Individual holders of a class 1 or class 2 licence must complete five hours of compulsory learning each year in a face-to-face or other interactive learning environment.
• Compulsory learning topics are determined annually by the Strata and Property Services Commissioner.
• All CPD training in the property sector can only be delivered by an approved provider.

A list of approved providers is made available by NSW Fair Trading as part of the CPD requirements each year.

General conditions imposed by the Commissioner

Approval to deliver compulsory learning topics is also subject to general conditions that may be imposed by the Commissioner and which may be amended from time to time. Approved providers must comply with these general conditions.

Course delivery

1. The compulsory learning topics specified in the CPD requirements on the Fair Trading website are the topics required to be delivered by approved providers.
2. An approved provider can elect to deliver any number of the compulsory learning topics determined in each CPD year.
3. An approved provider must develop content and deliver the compulsory learning topic in accordance with the compulsory topic outlines.
4. An approved provider must determine the appropriate length of training for each topic, ensuring the learning outcomes in the outline are met.
5. Compulsory learning topics must be delivered in an interactive environment (whether face-to-face or online).
6. Compulsory learning topics delivered interactively may also include self-paced learning, provided all compulsory aspects of the training and assessment are addressed in the interactive component.
7. The approved provider must ensure that all topics are delivered as advertised.

Sub-contracting

1. An approved provider may engage another organisation or individual to develop the content and/or deliver the compulsory learning topics on its behalf, but remains solely responsible for content and delivery quality.
2. Approved providers must ensure any person or organisation that delivers CPD for the approved provider adheres to the conditions of approval and compulsory CPD requirements.
3. Approved providers will be accountable for any failure of their CPD training to comply with the guidelines or conditions of approval.

Assessment

The compulsory topic outline specifies the assessment method/s required to evaluate whether an individual has achieved the required competence for each compulsory learning topic.

The approved provider will:

1. complete assessments in accordance with the relevant compulsory topic outline
2. conduct the assessment methods or activities with integrity and in a manner that reliably assesses outcomes of learning
3. ensure that assessment conditions capture the original work of the registered participant and prevent cheating, including plagiarism
4. ensure adequate measures are implemented to prevent a person other than the registered participant from completing the assessment
5. ensure that when undertaking any assessment activity, the trainer does not provide a student with the correct answers to a question, or advise a student their knowledge or answer is incorrect, before the assessment has concluded
6. only deem a student competent once all assessment activities are satisfactorily completed.

Cost of CPD training course

1. Approved providers must ensure all costs that will be charged to a participant to complete a CPD compulsory learning topic are clearly and prominently stated in any advertising material and in a manner that ensures the participant is aware of these costs before enrolling.
2. Approved providers must ensure the cost to enrol in a compulsory learning topic is the same no matter where the course participant is located.

Record keeping

Approved providers must retain records for a period of four years. Approved providers must provide and/or maintain records as follows:

Participants register

Approved providers must retain a register of individuals who have completed a compulsory learning topic including:

• the participant’s name as shown on their property and stock agent licence, licence number, email address and phone number, and
• the results of any assessment required by the compulsory topic outline.

Record of completion

Approved providers must provide each participant within 10 business days, a written notice (including an electronic copy) demonstrating completion of the compulsory topic including the following information:

• the participant’s name as shown on their licence, licence number, email address and phone number
• the results of any assessment required by the compulsory topic outline
• the title of the compulsory learning topic that was completed
• the date, time and place the compulsory topic was undertaken
• the method of delivery of the compulsory topic
• the duration in hours for completion of the compulsory topic
• the type of assessment, and
• the name of the approved provider and person delivering the topic. If the provider or person delivering is registered with ASQA, details of their registration details.
• Approved providers must guarantee in writing on the record of completion that the person named attended and participated in the course for its duration.

Notification of certain events to Fair Trading

An approved provider must notify NSW Fair Trading in writing within 2 business days of the following events:

• if an approved provider no longer complies with a requirement of the Approved Provider Guidelines or these Conditions of Approval with details of any strategy or action the provider is implementing, or intends to implement to rectify the non-compliance, or
• any change to the approved provider’s contact or organisation’s registration details (including business and company details and ASQA registration, if applicable).

Provision of information to Fair Trading

An approved provider must, on written request, provide Fair Trading with any information required to assess the provider’s compliance with the Conditions of approval, Approved Provider Guidelines, CPD requirements and the annual Compulsory topic outlines. This may include, but is not limited to, information about:

• the name and contact details of individuals who have completed the CPD training course
• details of course content, delivery methods and persons delivering the course
• the results of assessments of individuals who have completed the CPD training course and their results, including pass, failure and exclusion rates, and
• details of complaints, including:
  • the number of complaints received by the provider relating to the CPD training course
  • the source and nature of the complaints, and
  • the action taken by the provider to remedy the matter complained of and the outcome of that action, including what remedial action was taken, if any.

Inspection and audit requirements

An approved provider must comply with any request of NSW Fair Trading to conduct an inspection, audit or investigation in relation to the delivery of compulsory learning topics or the Approved Provider Guidelines and Conditions of Approval. Requests are made at the discretion of NSW Fair Trading and must be complied with to maintain approval.

Requests may be related to, but not limited to:

• determining whether the provider is complying with the Approved Provider Guidelines and Conditions of Approval,
• understanding the quality of training delivery by the approved provider, or
• in response to a complaint received by Fair Trading.

Fraud prevention and plagiarism

Procedures must be in place to verify that a participant who registers for a compulsory topic is the person who also completes the course and receives confirmation of completion.

When providing the course via an online delivery method, approved providers should demonstrate a capacity to meet this requirement and should consider:

• using specialist online verification or other proven methods of confirming the identity of participants
• providing participants with access to the online topic through a secure website that requires a login and password
• issuing participants with a unique login and password via email that provides access to a secure website
• ensuring procedures are in place so that if participants do not receive, or misplace, their login and password information there is a secure method by which they can retrieve it
• securing the transmission of login information using standard encryption technology
• providing best practice information to participants about setting up and maintaining the security of passwords
• requiring participants, on initial login, to set up security questions that allow them to retrieve their password if they forget it
• ensuring participants’ confidentiality is maintained in accordance with the Australian Privacy provisions

Approved providers must have effective measures to prevent plagiarism or the completion of coursework or assessment by persons other than the participant.

In demonstrating the capacity to meet this requirement, the approved provider should consider:

• capturing the participant’s IP address
• monitoring all course activity and flagging when identical free text answers are given to assessment questions by different participants
• locking student detail fields so that these can only be changed by the provider upon verification of the student’s identification
• ensuring that students are ‘locked-out’ after failing a set number of attempts (no more than three) at the final assessment
• the ability to intervene and make direct contact with the student if required
• reporting immediately to Fair Trading any suspicious activity by trainers or students undertaking the course.

Advertising

An approved provider must not claim, assert or otherwise indicate an affiliation, approval or sponsorship by Fair Trading or the Commissioner for any other purpose than to indicate it is approved for the delivery of compulsory learning topics.

An approved provider that does not deliver all mandatory topics for a licence category and area of practice must not represent to participants or prospective participants that completing training with the approved provider meets the licence holder’s CPD requirements .

Revocation of approval

• The Commissioner may at any time revoke approval for the delivery of compulsory learning topics. Notice of revocation of approval must be provided in writing and is effective immediately unless otherwise provided in the written notice.
• An approved provider may, on written notice to the Commissioner, cease the delivery of compulsory learning topics.
• Approval for the delivery of compulsory topics will expire at the conclusion of three complete CPD years after approval, or at the expiry of the provider’s approval, whichever is earlier.
• The Commissioner may grant an extension of this period by notice in writing.