At the scheduled end of a 3-year NFT lease, certain processes must occur in order for notebooks to be collected and returned to the finance company which has provided them smoothly. It is the best interests of all parties - DET, the financier, and the participant - for participants to be well-informed about what occurs and when, and about their rights and obligations.
Offer Schedule
Notebook leases expire approximately three years from the date they were newly delivered to the Department. (If you took on a reassigned notebook, the expiry date will usually not be three years from the date you received it.)
Some weeks in advance of this date, the Department writes to affected participants with notification of the pending lease expiry, and an offer of replacement. All old notebooks must be returned so the information package is sent to all participants. However it should be noted that some participants may no longer be eligible to take part in the new offer, for example where they have been seconded to a non-teaching position.
Deadline and Delivery Date for New Notebooks
A deadline for applications is indicated in the information pack. If the enclosed application form is correctly completed and returned in time to be received by the deadline, a new notebook will be ordered.
New notebooks are delivered directly to schools some weeks after the deadline (an approximate delivery date is given in the information pack). A more exact date is later faxed to school principals by the Department's vendors, giving two week's notice of delivery and collection arrangements.
Collection Date and 1-week Cutover Period
Where possible, old notebooks are collected around a week after the new ones are delivered in order to allow for data transfer needs. However, participants should not rely on the new notebook arriving before the old one must be returned. Sometimes this is not possible, but the original collection schedule usually cannot be altered. Participants are urged to back up important data prior to receiving a replacement notebook.
Missed Collections - what to do
Normally there is only one free collection per person per school. The initial information pack contains advice of the approximate date of collection, but participants are best advised to act to have the notebook ready to pick up some days earlier than this approximate date if at all possible. They should also make contact with their principal to confirm the final expected pickup date following the fax from DET's vendors. No responsibility is accepted by DET for failure to communicate this information at the school level.
If a participant should miss a collection through a failure by the couriers, a natural disaster or other circumstance entirely outside his or her control, he or she should urgently contact the NFT Program administration team on 08 9264 5636.
If a participant fails to have a notebook ready for collection at the advised time, he or she must act promptly to return the notebook by courier or in person to the appropriate collection point at his or her own cost - again, he or she should call the NFT Program administration team to discuss.
Missed Collections - Financial Impacts
When a notebook is not returned at the time its lease expires, the Department must decide whether to pay for an extension of the lease, or to pay out the notebook's residual value. Normally a lease will be extended for one month, in order to give the participant more time to return the notebook. Further efforts are then made to contact the participant and secure recovery of the notebook. At the end of the month cases in which notebooks remain unreturned are placed in the 'serious' category. The financier's non-return penalty will usually be paid at this point on the assumption that further lease extensions will not be of value.
The typical cost for extending the lease is around $62.00 inc GST. The non-return penalty varies depending on model and financier, but can be as high as $675.00 inc GST. Either or both of these costs are passed on to participants unless the Department accepts that mitigating factors beyond the participant's control caused the delay in returning the notebook. Participants are given an opportunity to provide a statement on the reason for the late return of the notebook, and to request waiver of the costs if mitigating factors exist. Such claims must be reasonably detailed and of sufficient substance to convince a reasonable person that the participant was unable to return the notebook through no fault of their own. Claims are heard by a review panel of five members.
Settlement of these costs is settlement of a cost incurred due to the participant's breach of agreements. It does not grant any right of ownership in the notebook, which must still be returned to the Department. Ultimate disposal of such notebooks by the Department must be according to Government policy and law and is a wholly separate issue. The financier's full residual cost is passed to participants because it is expected that the Department will regain little if any value from the machines following disposal.
Missed Collections - Potential for Serious Escalation
Around 97% of collections are problem-free, but with over 15,500 participants this does mean that the remainder is a pressing problem which causes large cost overruns. In most instances miscommunications or leave are to blame and it is therefore vital that participants remain aware of the period in which they will need to return the notebook, plan to take account of any leave or travel, and ensure that the Department has their correct current mailing address.
A small minority of instances involve malicious actions or refusal to follow lawful instructions. Participants are reminded that they are contractually bound by the terms and conditions of their NFT registration agreements as well as employment agreements and Departmental policies. Breaches of these conditions, agreements and policies may provide cause for both disciplinary action and legal action.
Legal action may also be commenced where a participant refuses to settle a debt arising under their participation in the NFT program - for example, for unpaid rental arrears, or for the costs arising from an unreturned notebook at the end of lease.
Where a participant ultimately refuses to comply with lawful instruction to return a notebook, it may be necessary to take the case to the Police Public Sector Investigation Unit as a criminal matter.
Other Returns of Notebooks - e.g. Cessation of Employment
Considerable costs are generated by the early termination of a lease, but these are not passed on to teachers. In return, it is expected that when a participant ceases working for the Department in an eligible position, he or she will return the notebook to the Coordinator at the ICT Directorate, Central Office, 151 Royal Street East Perth 6004. Returns are best made in person during business hours and a receipt should be requested. Alternatively, engaging a courier service to return a notebook is recommended if a participant cannot readily reach Central Office. A copy of the consignment note should be kept in this instance. Participants are requested to avoid use of MailWest or Australia Post as neither offers secure transport services for fragile goods, and are advised that it is not acceptable to leave notebooks at schools, District Education Offices or other locations.
Participants should note that as with any other item of leased equipment (e.g. a motor vehicle), the fortnightly deduction is required for all periods while it is in their care - whether or not the participant is currently on the DET payroll, or is on unpaid leave, or is still entitled to hold the notebook, or whether the notebook is in use. For example, this means that a former employee who has not yet returned a notebook will continue to accrue rental arrears until the notebook is received at Central Office. This applies even if the notebook is returned to school or a District Education Office, but not then forwarded to Central Office. The requirement to return notebooks to the NFT Coordinator is spelled out in some detail as a contractual condition of registration - participants withdrawing from the Program are responsible for the notebook and contributions until the notebook is received by the Coordinator.