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Fiji National Training (Amendment) Act 2002

FIJI ISLANDS
FIJI NATIONAL TRAINING (AMENDMENT) ACT 2002

ARRANGEMENT OF SECTIONS

1. Short title, etc
2. Section 1 amended
3. Section 2 amended
4. Section 3 substituted
5. Section 9 amended
6. New Part IIA inserted
7. Section 17 amended
8. Consequential amendments
9. Transitional
   

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ACT NO. 24 OF 2002

I assent.

[L.S.]

J.I. ULUIVUDA
President

[24^th October, 2002]

AN ACT

TO AMEND THE FIJI NATIONAL TRAINING ACT

ENACTED by the Parliament of the Fiji Islands

Short title, etc.

1. (1) This Act may be cited as the Fiji National Training (Amendment) Act 2002.

(2) This Act comes into force on a date appointed by the Minister by notice in the Gazette.

(3) In this Act, the Fiji National Training Act (Cap. 93) is referred to as the principal Act.

Section 1 amended

2. Section 1 of the principal Act is amended by deleting Fiji National Training and substituting Training and Productivity Authority of Fiji.

Section 2 amended

3. Section 2 of the principal Act is amended-

(a) by repealing the definition of Council and substituting the following definition-

""Authority" means the Training and Productivity Authority of Fiji established by section 3;"

(b) by deleting the term "Director" and substituting "Director-General".

Section 3 amended

4. The principal Act is amended by repealing section 3 and substituting the following section-

"Training and Productivity Authority of Fiji

3. (1) The body corporate established by section 3 is preserved and continues in existence as a body corporate for the purposes of this Act but is known after this section comes into force as the Training and Productivity Authority of Fiji.

(2) The corporate identity and the rights and obligations are not affected by iots [sic] change of name."

Section 9 amended

5. Section 9 of the principal Act is amended-

(a) by renumbering the existing provision as subsection (1);

(b) by repealing paragraph (l) and substituting the following paragraph-

"(l) develop the national qualification framework and make provision for the registration of such training courses or training providers or facilities or qualifications of such category it shall direct, and make provision for the approval of such qualifications, courses, providers and facilities;"

(c) by repealing paragraph (o) and renumbering paragraph (q) as paragraph (o);

(d) by inserting the following new subsections-

"(2) The Authority shall be the national organisation for technical and vocational training in the Fiji Islands.

(3) The Authority shall be the National Productivity Organisation for the Fiji Islands and shall act and perform functions to promote the concept of productivity as a viable economic strategy.".

New Part IIA inserted

6. The Principal Act is amended after Part II by adding the following new Part-

"Part IIA - ESTABLISHMENT OF NATIONAL TRAINING AND PRODUCTIVITY COUNCIL, NATIONAL STANDARDS AND ACCREDITATION COUNCIL AND NATIONAL QUALITY AWARDS COUNCIL

National Training and Productivity Council

9A. This section establishes the National training and Productivity Council consisting of-

(a) 2 members representing the employees;

(b) 2 members representing the employers;

(c) 2 members representing the Government one of whom is to be appointed from the Ministry of Education; and

(d) 2 members representing the education providers.

Functions of National Training and Productivity Council

9B. The functions of the National Training and Productivity Council are-

(a) to provide and arrange appropriate vocational education and training in connection with employment;

(b) to advise and disseminate information on training;

(c) to provide training to persons outside the scope of the levy order on terms and conditions determined by the Authority;

(d) to provide consultancy service to employers and other persons;

(e) to issue certificates of competency registered within the National Qualifications Framework or other qualifications approved by the National Standards and Accreditation Council.

National Quality Awards Council

9C. This section establishes the National Quality Awards Council consisting of-

(a) 2 members representing the employees;

(b) 2 members representing the employers;

(c) 2 members representing the Government one of whom is to be appointed from the Ministry of Education; and

(d) 2 members representing the education providers.

Functions of National Quality Awards Council

9D. The functions of the National Quality Awards Council are-

(a) to develop a framework for achieving sustainable organisational excellence;

(b) to develop and apply systems of national awards for the purposes of recognising sustainable organizational excellence;

(c) to develop and promote national productivity awareness campaign on an annual basis;

(d) to establish productivity measurement, benchmarking and research services;

(e) to organise national conventions, seminars and workshops for the purpose of promoting organizational quality and productivity.

National Standards and Accreditation Council

9E. This section establishes the National Standards and Accreditation Council consisting of-

(a) 2 members representing the employees;

(b) 2 members representing the employers;

(c) 2 members representing the Government one of whom is to be appointed from the Ministry of Education; and

(d) 2 members representing the education providers.

Functions of national Standards and Accreditation Council

9F. The functions of the National Standards and Accreditation Council are-

(a) to develop a National Qualifications Framework that complies with international standards;

(b) to develop, apply and carry out regular review of vocational competency standards relating to qualifications specified in the National Qualifications Framework;

(c) to arrange for the accreditation and registration of training providers and trainers and to approve regular review of such accreditation and registration;

(d) to administer and conduct national examinations and tests for trades and other vocational skills pertaining to qualifications specified in the National Qualifications Framework;

(e) to manage national apprenticeship and traineeship programmes where such training programmes apply;

(f) to generally coordinate accessible and flexible qualification systems, the standards of which are recognized internationally, to meet the national needs.

Power to appoint members of Council, etc

9G. (1) The Authority may appoint members of a council established by section 9A, 9C or 9E.

(2) When appointing the members of a council established under section 9A, 9C or 9E, the Minister must designate a member as the chairperson of the council.

Application of sections 4 to 7

9H. (1) Sections 4, 5, 6, 7 and 8 apply, with necessary modifications, to a council established by section 9A, 9C or 9E, as reference to the Authority in any of those sections is a reference to a council established by section 9A, 9C or 9E, as the case may be.

(2) Notwithstanding subsection (1), the reference to Director-General in section 7 is to be read and construed as the chairperson of a council established by section 9A, 9C or 9E, as the case may be.".

Section 17 amended

7. Section 17 of the principal Act is amended by-

(a) deleting Director in the title and substituting Director-General;

(b) deleting Director in subsections (1), (1A), (2), (3) and (4) and substituting Director-General.

Consequential amendments

8. At the commencement of this Act, a reference in the principal Act or in any written law to Fiji national Training Council or Council in its context, is amended and to be replaced and read as the Training and Productivity Authority of Fiji or Authority, as the case may be.

Transitional

9. (1) All real and personal property which immediately before the commencement of this Act was vested in or belonged to the Fiji National Training Council (Council) is vested in the Training and Productivity Authority of Fiji (Authority) without conveyance, transfer or assignment and, subject to this Act, will be held by the Authority for the same purposes as it was held by the Council before the commencement of this Act.

(2) The Registrar of Titles or any person responsible for the keeping of any register under a written law must, on the written request of the Authority and on payment of the appropriate fee, make entries in the register and on any outstanding documents of title and generally do all things necessary to give effect to this Act.

Passed by the House of Representatives this 27^th day of September 2002.
Passed by the Senate this 21^st day of October 2002.

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