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33 Education Authorities to Ddistribution of e grants to schools (1) An Education Authority or a Provincial Education Board must distribute the 25 Revised draft as at 4 June 2001 moneys received by way of government grants to its schools in accordance with the Grants Code.
(2) An Education Authority or a Provincial Education Board that fails to comply with any provision of the Grants Code is guilty of an offence punishable on conviction by a fine not exceeding VT 200,000. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
34 Grants code (1) As soon as possible after commencement, the Director-General must, in consultation with Education Authorities and Provincial Education Boards, prepare a Grants Code providing for the distribution of government grants to schools.
(2) The Grants Code must be submitted to the Minister for his or her approval and does not come into force until the Minister approves it. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(3) Until such time as a Grants Code is in force, the Director-General may, after consultation with the Minister, make written determinations issue guidelines for the distribution of government grants by Education Authorities and Provincial Education Boards.
(4) The Grants Code and any determinations orders made under subsection (3) are statutory orders regulations for the purposes of the Interpretation Act [CAP 132].this Act. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
35 School fees (1) Subject to subsection (7), the Minister may, aAfter consultation with the Director-General and the National Education Advisory Council, by order prescribe the range of fees payable at government and non-government schools in relation to the following: (a) tuition; (b) boarding; (c) provision of books and other materials; (d) any other facilities or services provided to students. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(2) An Education Authority or a Provincial Education Board must not charge fees at any of its schools that are not within the prescribed range.
(3) Different fees may be prescribed in respect of: (a) government and non-government schools; and (b) government and non-government schools in different provinces.
26 Revised draft as at 4 June 2001 (4) The parents of a child are jointly and severally liable for all fees due in respect of the child, whether or not they enrolled the child at the school. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(5) The principal of a school may, after consultation with the relevant Education Authority or Provincial Education Board,, exclude from attendance at the school any student in respect of whom fees have not been paid by the due date.
(6) An Education Authority or a Provincial Education Board may waive in whole or in part the fees due in respect of a student if the Authority or Board is satisfied that the parents of the student are unable to pay such fees in whole or in part. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(7) This section does not apply to a non-government school that receives no funding from the Government.
36 Accountability of school fees (1) The principal of a school is responsible for the collection of fees payable for any matter mentioned in subsection 35(1).
(2) An Education Authority or a Provincial Education Board must ensure that proper accounts are kept for each of its schools in relation to the collection and disbursement of such fees. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
Division 2 – Administration and management of schools 37 Responsibilities of principal (1) The principal of a school is responsible for: (a) the day to day administration and management of the school; and (b) the general wellbeing of students and staff at the school; and (c) the professional development of teaching and other staff at the school; and (d) reporting to the Education Authority or Provincial Education Board on matters relating to the school as required by the Authority or the Board. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(2) Without limiting subsection (1), the principal of a school must: (a) (b) ensure the school buildings and grounds are kept clean and tidy, and are well maintained; and in consultation with the staff, school committees, school councils and school community parents and citizens associations develop rules for the school to ensure the well being of students and staff; and (c) provide guidance and counselling to students, and advice to parents, on matters affecting a student’s progress at the school; and 27 Revised draft as at 4 June 2001 (d) keep and maintain all records required by or under this Act (eg attendance sheets, furniture inventory and book lists); and (e) provide the Director-General with such information about the school as he or she requires for the purposes of this Act or the regulations; and. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(f)work closely with school committees, school councils and parents and citizens associations for the wellbeing of staff and students at the school.
28 Revised draft as at 4 June 2001 38 Discipline of students (1) As soon as possible after commencement, the Director-General must prepare guidelines for the adoption by schools of fair discipline practices that provide for the control and regulation of student discipline in schools, and that reinforce good behavior. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(2) The guidelines must not permit corporal punishment of students attending schools.
However, they may permit other reasonable forms of punishment or correction of those students, including requiring students to perform any reasonable work or service for the school. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(3) Subject to subsection (4), an Education Authority or a Provincial Education Board may, on the recommendation of the principal of a school, expel a student from the school for: (a) severe misconduct or disobedience; or (b) any other activity that has a major detrimental effect on the school. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(4) An Education Authority or a Provincial Education Board must not expel a student unless it has conducted a thorough investigation in relation to the matter and the student has been given an opportunity to be heard.
(5) The Education Authority or Provincial Education Board must as soon as practicable notify the parents of a student who is expelled.
(6) The principal of a school may suspend a student from the school for misconduct or disobedience for a period not exceeding 2 weeks. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
The principal must as soon as practicable notify the parents of the suspended student.
(7) A parent of a student who has been expelled under subsection (3) may appeal in writing to the Director-General against the expulsion.
(8) The Director-General must determine the appeal as soon as possible and notify in writing the Education Authority or Provincial Education Board, as the case requires, and the appellant of his or her decision. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
39 Medical examination of students (1) Subject to subsection (2), the Director-General must cause all students at a school to be examined by a qualified medical practitioner at regular intervals to be determined by the Director-General.
(2) The parent of a student may make a request to the principal that the student be exempt from a medical examination.
The principal must allow the request if he or she is satisfied that a qualified medical practitioner will examine the student at the parent’s expense. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
29 Revised draft as at 4 June 2001 (3) Following a medical examination, the principal may exclude a student from attending the school if he or she has a condition likely to endanger the health of other students.
(4) However, the student must be reinstated once a medical practitioner provides a report stating that the student is free from any such condition. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
40 School councils and school committees (1) An Education Authority or a Provincial Education Board must may establish a school council and/or a school committee for each of its schools to assist the principal in the management and administration of the school. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(2) An Education Authority or a Provincial Education Board is to determine for each school council and committee: (a) the membership of the school council and committee, which must wherever possible include both male and female members; and (b) the functions and responsibilities of the school council and committee.
(3) School councils and committees are to regulate their own procedures in accordance with the by-laws made by the relevant Education Authority or Provincial Education Board.
. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
.
(4) Subject to subsection (5), a member of a school council or committee is not entitled to any salary or other remuneration, including by way of allowances, for his or her services provided to the council or committee.
(5) Subject to the availability of funds at a school, a member of the school council or committee is to be reimbursed for expenses properly incurred when engaged on the business of the school council or committee. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(6) To avoid doubt, nothing in this section requires an Education Authority or a Provincial Education Board to establish a school council or committee for any of its schools.
41 School community Parents and citizens associations (1) Parents of students attending any school together with other residents of the area served by the school who are interested in the welfare of the school may form a school community parents and citizens association in connection with the school. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(2) The school community association should aim to: (a) promote the interests of the school by bringing parents, citizens, students, and teaching staff and other residents of the school area into close co- operation; and 30 Revised draft as at 4 June 2001 (b) (c) assist in providing facilities and equipment for the school and in promoting the recreation and welfare of the students at the school; and encourage parent and community participation in curriculum and other education issues. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
Inspection and advisory services 42 (1) School inspectors must carry out inspections of schools at regular intervals to be determined by the Director of school programs. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(2) A school inspector may inspect a school to determine whether: (a) (b) the Education Authority is operating the school in accordance with the requirements of this Act and the regulations; or the school complies with the requirements for registration of a school under section 157; or (c) the school is being well managed and discipline is satisfactory; or (d) the school’s academic standards are satisfactory; or (e) the school premises and grounds are well maintained; or (f) the social environment of the school is satisfactory; or (g)(hh) the school complies with such other matters as are specified by the Director-General. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(3) A person who obstructs a school inspector in carrying out an inspection of a school is guilty of an offence punishable on conviction by a fine not exceeding VT 100,000 or imprisonment for a period not exceeding 3 months, or both.
(4) A sSchool inspectors may also provide advice to the principal and teachers of a school in relation to any of the matters mentioned in subsection (2). | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(5) If requested to do so by the Director of school programs, a school inspector must as part of a school inspection assess whether the teachers and principal of the school are performing in a satisfactory manner.
The school inspector must give to the Director a report in writing of his or her assessment within 14 days after carrying out the inspection. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(6) The Director of school programs must, within 7 days of receiving the report, give a copy of it to the Director-General who must decide whether or not to refer the report to the Teaching Service Commission and/or the relevant Provincial Education Board or Education Authority for appropriate action. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
31 Revised draft as at 4 June 2001 Division 3 – Cancellation of registration of schools 43 Cancellation of registration of schools by Director-General (1) After consultation with the Minister, the Director-General may cancel the registration of a school if the Director-General is satisfied that: (a) (b) (c) (d) (e) the school is being operated by the Education Authority or Provincial Education Board in a careless and irresponsible way to the detriment of its staff and students; or the school does not comply with the requirements for registration of a school under s section 15 17; or the Education Authority or Provincial Education Board does not have sufficient money resources and facilities available for the satisfactory operation of the school; or the Education Authority or Provincial Education Board cannot competently administer the school; or in the case of a government school – it is not in the public interest to keep the school open. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(2) In deciding whether to cancel the registration of a school, the Director-General must take into account any inspection of the school carried out by a school inspector under section 42.
However, the Director-General can decide to cancel the registration of a school in accordance with subsection (1) without an inspection having been carried out. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(3) The Director-General must give the principal of the school and the Education Authority or the Provincial Education Board written notice of the proposed cancellation and allow at least 28 days for submissions in writing to be made as to why the school’s registration should not be cancelled.
(4) In deciding whether to cancel the registration of the school, the Director-General must take into account any submissions made by the Education Authority or the Provincial Education Board and the principal. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(5) The Director-General must give the Education Authority or the Provincial Education Board and the principal written notice of his or her decision within 28 days after making it.
The cancellation of the registration of the school takes effect on the date specified in the notice.
(6) An Education Authority or a Provincial Education Board that continues to operate a school whose registration has been cancelled may be liable to a penalty under section 1619. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(7) An Education Authority or a Provincial Education Board may appeal against the decision of the Director General to cancel the registration of a (see section 32 Revised draft as at 4 June 2001 5458). | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
44 Takeover of schools (1) If the Director-General is of the opinion that a school whose registration has been cancelled under section 43 should continue to operate, the Director- General may by order: (a) take possession of the school and any property of the school, or any property of the Education Authority or Provincial Education Board at the school; and (b) transfer the operation of the school to: (i) the Education Authority (if any) that has agreed to operate the school; or (ii) the relevant Provincial Education Board. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(2) To avoid doubt, no compensation is payable by the Government to any person in respect of an order made under this section.
33 Revised draft as at 4 June 2001 Part 6 - National Education Advisory Council, National Education Commission and Provincial Education Boards Division 1 – National Education Advisory Council 45 Establishment and functions of National Education Advisory Council (1) The National Education Advisory Council is established. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(2) The Council has the following functions: (a) to advise the Minister and the Director-General on: (i) the operation of the primary and secondary education system; and (ii) the funding of the primary and secondary education system, including the level of school fees to be prescribed under section 35; and (iii) on any other matter affecting primary or secondary education; (b) to monitor the effectiveness of education policies and practices; (c) to develop policy proposals for consideration by the Ministry; (d) to assist, advise and co-operate with communities, organisations and individuals on matters affecting primary or secondary education; (e) when requested by the Minister or the Director-General, to provide information or advice to him or her on any matter affecting primary or secondary education. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
46 Membership of the Council (1) The National Education Advisory Council has 11 members.
Each member is to be appointed by the Minister on the advice of the Director-General. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
34 Revised draft as at 4 June 2001 (2) The members are to comprise the following persons: (a) a representative of the Vanuatu Christian Council; (b) 2 representatives of the Vanuatu Teachers Union; (c) 2 representatives of school community associations; (d) a representative of the National Council of Chiefs; (e) a representative of the Vanuatu National Council of Women; (f) a representative of the Ministry responsible for health; (g) 2 representatives of the non-government sector; (h) a representative of tertiary education institutions. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(3) The Director-General is an ex officio member of the Council, but has no voting rights at a meeting of the Council.
(4) An officer of the Department is to be appointed as the secretary to the Council by the Director-General to undertake such duties as may be assigned by the Chairperson.
(5) So far as practicable, The The Council is to have an equitable and balanced gender representation.
re must be an equal number of male and female members of the Council. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
Division 2 – National Education Commission 47 Establishment and membership of National Education Commission (1) The National Education Commission is established.
(2) The Commission has 11 members.
Each member is to be appointed by the Minister on the advice of the Director-General.
(3) At least 4 members must have qualifications and/or expertise in curriculum development.
(4) At least 2 members must have qualifications and/or expertise in examination practices and policy. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(5) At least 2 members must have qualifications and/or expertise in scholarships 35 Revised draft as at 4 June 2001 practices and policy.
(6) The 3 other members of the Commission must be representatives of the non- government sector.
(7) So far as practicable, The Commission is to have an equitable and balanced gender representation.
there must be an equal number of male and female members of the Commission. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(8) The Commission in undertaking its functions under sections 48, 49 and 50 must consult as widely as is practicable with communities, organisations and individuals. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
48 Functions of the Commission in relation to examinations The Commission has the following functions in relation to examinations: (a)to determine the number, type and content of examinations to be used for further education selection purposes, or for the award of any nationally recognised certificate or any other educational qualification; (a) (b)(b) to determine the procedures for conducting such examinations; (b) (c)(c) to arrange for such examinations to take place and to ensure they are conducted fairly; (d)(d) to evaluate the process relating to examinations and assessment on a regular basis and advise the Director-General of any changes that may be necessary; (e)(e) to recommend to the Director-General the criteria for selection and allocation of candidates to other educational institutions in Vanuatu; (f)(f) to ensure that the processes relating to examinations and the selection and allocation of candidates are transparent, fair and based on merit; (g)(g) to prepare for the Director-General an annual report and any other reports 36 Revised draft as at 4 June 2001 required by the Director-General relating to examinations; (h)(h) when requested by the Minister or the Director-General, to provide information or advice to him or her on any matter affecting examinations. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
49 Functions of the Commission in relation to scholarships (1) The Commission’s primary function in relation to scholarships is to develop and implement policies that support the scholarships program.
(2) The scholarships program provides scholarships for post secondary education and training in order to develop appropriately qualified and skilled Ni-Vanuatu to further the development of Vanuatu. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
37 Revised draft as at 4 June 2001 (3) The scholarships program is to be administered by the training and scholarships coordination unit or such other body within the Department as is specified by the Director-General (“the scholarships unit”). | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(4) The Commission also has the following functions in relation to scholarships: (a) (b) to undertake the fair, transparent and merit based selection of candidates for the award of scholarships; to determine annually the criteria, and the terms and conditions, for the award of scholarships by the Government; (c) to determine the priority of scholarships for funding by the Government; 38 Revised draft as at 4 June 2001 (d) (e) to provide advice and guidance to the scholarships unit in its administration of the scholarships program; to assist the scholarships unit in seeking additional funding for scholarships; (f) to determine appeals relating to the award or termination of scholarships; (g) to prepare for the Director-General an annual report and any other reports required by the Director-General relating to scholarships; (h) when requested by the Minister or the Director-General, to provide information or advice to him or her on any matter affecting scholarships. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
50 Functions of the Commission in relation to curriculums and syllabuses (1) The Commission has the following functions in relation to curriculums umsand syllabuses: (a) subject to subsection (2), to evaluate and approve the national curriculum for primary and secondary education in Vanuatu; (b) to ensure that the national curriculum is implemented; (c) (d) (e) (f) (g) to review the national curriculum at regular intervals and recommend any necessary changes; to evaluate and approve the syllabuses to be taught in primary and secondary schools, and the appropriate allocation of time for those subjects; to approve procedures, guidelines and timetables for the production or revision of subject syllabuses and support materials; to approve for purchase and distribution throughout Vanuatu support materials, including books and equipment; to prepare for the Director-General an annual report and any other reports required by the Director-General relating to the national curriculum or syllabuses; (h) when requested by the Minister or the Director-General, to provide information or advice to him or her on any matter affecting the national curriculum or syllabuses. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(2) The Commission must not approve a curriculum as the national curriculum unless it is satisfied that the curriculum takes into account national policies, 39 Revised draft as at 4 June 2001 needs and aspirations, and provides for the physical, spiritual, social and cultural developments of students. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
40 Revised draft as at 4 June 2001 Division 3 – Provincial Education Boards 51 Establishment and membership of Provincial Education Boards (1) A Provincial Education Board is established for each province and municipality within that province.. (2) Each Board has 65 members.
(3) The provincial government council is to nominate one member of the Board.
The Provincial Education Officer is a member of the Board. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
The remaining 4 members are to be appointed by the Minister on the advice of the Director- General.
(3)(4) The members of each Board must so far as practicable be broadly representative of: (a) the teachers, and the parents of the students, at the schools in the province; and (b) organisations and individuals interested in education in the province. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(4)(5) So far as practicable, there must be an equal number of male and female members of each Board.Each Board is to have an equitable and balanced gender representation. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
52 Functions of Provincial Education Boards The functions of each Provincial Education Board are as follows: (a) (b) (c) (d) to operate and manage perform the functions of the Education Authority for the government schools in the province; to plan, promote, develop and coordinate primary and secondary educational activities in the province; to advise the Director-General Principal Education Officer for that province on the need for new schools in the province; to assist the Ministry in planning for sufficient schools to meet the needs of the province, and to apply for the registration of new schools and prescribed changes to existing schools in the approved form; (e)to submit such information and reports to the Principal Education Officer as he or she may require; (g)to assist the Provincial Education Officer in maintaining full records of all educational activities in the province; (h)(e) to prepare for the Director-General an annual report and any other reports required by the Director-General relating to schools in the province; 41 Revised draft as at 4 June 2001 (i)(f) when requested by the Minister or the Director-General, to provide information or advice to him or her on any matter affecting schools in the province. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
53 Accounts (1) A Provincial Education Board must: (a) keep proper accounting records in relation to its financial affairs (including receipt and expenditure of government grants under section 32); and (b) prepare annual statements of account for each financial year.
(2) A Provincial Education Board’s accounts for each financial year must be audited within 6 months after the end of that financial year by the Auditor-General. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
54 Reports (1) A Provincial Education Board must, within 2 months after the end of each year, provide the Director-General with a report relating to the administration of its schools for that year.
(2) The Provincial Education Board must provide the Director-General with any additional information he or she requires about a matter contained in a report. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
55 Government schools - transitional arrangements (1) On commencement, each of the Provincial Education Boards listed in a table in Schedule 2 is responsible for the operation of the government schools listed in that table, and each of those schools is taken to be registered.
(2) The Director-General must, as soon as practicable after commencement: (a) enter each school listed in Schedule 2 in the Register; and (b) issue each school with a certificate of registration. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(3) The Minister may by order amend Schedule 2 if the Minister is satisfied that the amendment is necessary to correct a mistake.
Division 4 – AAdministrative provisions 563 Administrative provisions in Schedule 3 Subject to section 57, the The administrative provisions relating to the National Education Advisory Council, the National Education Commission and the Provincial Education Boards are set out in Schedule 3. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
42 Revised draft as at 4 June 2001 57 Provincial Education Boards (1) The Provincial Education Officer is ex officio the chairperson of the Board.
(2) A Provincial Education Board must not implement a decision during the first 7 days after the decision is made.
During these 7 days, if the Provincial Education Officer wishes to object to the decision, he or she must give the Board a written copy of his or her objection. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
The Provincial Education Officer must at the same time give the Director-General a copy of the objection.
(3) The Director-General must decide whether to accept or reject the objection within 21 days after receiving it.
During these 21 days, the Provincial Education Board must not implement the decision.
(4) The Director-General must give the Provincial Education Board and the Provincial Education Officer written notice of his or her decision. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
Part 7 – Miscellaneous 5458 Appeal to the Supreme Court (1) A person in respect of whom any of the following decisions are made may appeal to the Supreme Court against the decision: (a) to reject an application for approval as an Education Authority under section 20; (b) to reject an application made by an Education Authority under section 21; (c) to cancel the approval of an Education Authority under section 24; (d) to cancel the registration of a school under section 43. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(2) An appeal must be made not more than 28 days after the date on which the appellant is notified of the decision appealed against, or within such further period as the Supreme Court may allow. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(3) The Supreme Court may: (a) confirm, reverse or modify the decision appealed against, and make such orders and give such directions to the Director-General as may be necessary to give effect to the Court’s decision; or (b) refer the matter back to the Director-General with directions to reconsider the whole or any specified part of the matter. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
595 Delegation of functions and powers (1) The Director-General, a Director and a Provincial Education Officer may, by 43 Revised draft as at 4 June 2001 instrument in writing, delegate all or any of his or her functions and powers under this Act to another officer within the Ministry with appropriate qualifications and expertise, except this power of delegation. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(2) The delegation: (a) may be made either generally or as otherwise provided by the instrument of delegation; and (b) does not prevent the performance or exercise of the function or power so delegated by the Director-General, the Director or the Provincial Education Officer, as the case requires. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
6056 Regulations (1) The Minister may, by order, make regulations prescribing all matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) The regulations may prescribe penalties for offences against the regulations.
A penalty must not exceed VT 50,000.
6157 Repeal of Administration of Schools Act The Administration of Schools Act [CAP 121] is repealed. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
6258 Commencement This Act commences on the day on which it is published in the Gazette.
44 Revised draft as at 4 June 2001 SCHEDULE 1 EDUCATION AUTHORITIES AND NON-GOVERNMENT SCHOOLS Section 30 TABLE A SCHOOLS ADMINISTERED BY CATHOLIC CHURCH CRAIG-COVE DIXON REEF FANAFO NABEL NAVUSIRORO/BIG BAIE MAE PESENA ST. JOSEPH/ROWOK ST. MICHEL ST. PIERRE/OKORO STE.
ANNE STE. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
THÉRÈSE TOLOMAKO NOTRE-DAME OLAL (ST. JEAN) PAAMAL PIKAYER SESSIVI ST. LOUIS 98 ST. PIERRE CHANEL STE JEANNE d’ARC TOBOL ST. JOSEPH LAGON 2 ENKATALEI IKITI IMAFEN IMAKI IMARU LYCEE DE MONTMARTRE MELSISI UNMET VAO IIÔT IPEKEL ITAKU LAMLU LAUTAPUNGA MICHEL BAIE-BARRIER BAIE-MARTELLIE LAIZADETH LATANO LOLOPUEPUE LO-ONE MELSISI NAMARAM ST. HENRI ST. JOSEPH/RANGSUKSUK ST. JEAN BAPTISTE (98) TSINBWEGE UBIKU LOONO LOWANATOM UMEJ YENAVATENG TAGAGA SESSIVI VAO TABLE B SCHOOLS ADMINISTERED BY PROTESTANT CHURCH IPAYATO 2000 MARUA 2000 MATALOI 2000 NAMORU 2000 NIWA 2000 PUAMA 2000 TASMALUM 2000 TCHARANAVUSVUS 2000 MOLI VALIVU VALABEI 2000 VENIE/MATAIPEVU VUNAKARI/AKARA 2000 BENENAVETH BETHEL CHENARD METOUNE NAMBAR ORAP ORAP RAMBECK RORY SEMBOAS WIARU WOMUL ITEREI/ITASU YATUKUNE 45 Revised draft as at 4 June 2001 TABLE C SCHOOLS ADMINISTERED BY SEVENTH DAY ADVENTIST CHURCH LINBUL KWATAPAREN MALUA BAY LOUNALOU MARANATHA FONTENG SANESUP BUIAP TOPAEN LALINDA WINN LAVALSAL AMABELAU/MATI 2000 PAKER 2000 SARAKATA 2000 VINAMBULU PORT QUIMMIE VILANO. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
2 SDA AORE ADVENTIST ACADEMY VILANO.
2 SDA LAVALSAL WINN TABLE D SCHOOLS ADMINISTERED BY ANGLICAN CHURCH TURTLE BAY MATANTAS ST PATRICK’S COLLEGE 46 Revised draft as at 4 June 2001 SCHEDULE 2 Section 55 PROVINCIAL EDUCATION BOARDS AND GOVERNMENT SCHOOLS TABLE A GOVERNMENT SCHOOLS ADMINISTERED BY TORBA PROVINCIAL EDUCATION BOARD AOTA/TASVARE DORIG/SARANTAR LEQUEL LOSALAVA MARTIN NOGUHU/ROBIN WOSOK LOSALAVA SANLANG SHEM ROLEY ST. GEORGE/PASALELE TELHEI BAGAVEGUG VAGET/AWOROR IHIU PASALELE/ST. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
GEORGE AREP NERGAR SANTA MARIA TELVET VAGET/AWOROR WONGYESKEI AREP TABLE B GOVERNMENT SCHOOLS ADMINISTERED BY SANMA PROVINCIAL EDUCATION BOARD MEREI/PISULIMA 2000 ALOWANU ARAKI/LEHILEHINA 2000 MWAS AVUNARARA/JINAURE 2000 AVUNATARI 2000 BALON 2000 NANUHU 2000 TIASIA 2000 TIQUOTUQ 2000 VOVLEI 2000 NASALANVUNMOL 2000 VUNABULU 2000 NATAWA 2000 WAILAPA/EBENEZER 2000 LATH HI 2000 DAMBULUA/TUTUBA 2000 IAN LIVO 2000 IETH VEKAR 2000 J.N MACKENZIE NAVELE 2000 PIALUPLUP 2000 PICARDIE PRENTER/HOG HARBOUR 2000 SANTO EAST 2000 SARA 2000 JORDON VALLEY 2000 KAMEWA 2000 KITACU/NANDIUTU 2000 SARAKATA 2000 LEIMARUA/WUSI 2000 MALAU 2000 SELUSIA 2000 SULEMAORI MAVEA/DAMBULU 2000 MENEVULA/WUNPUKO 2000 TAHARO 2000 TANOVUSIVUSI/SALETU I 2000 BUTMAS KAMEWA 2000 KOLE/LOREVIAKARKAR 2000 NANDIUTU 2000 NAVIARU 2000 PIAMATSINA 2000 SANTO EAST 2000 SARASOARI/AVUNARAN I 2000 SELUSIA 2000 ST. JACQUES 2000 47 Revised draft as at 4 June 2001 TATA 2000 MATAVULU COLLEGE COLLEGE DE LUGANVILLE SANTO EAST HOG HARBOUR NANDIUTI 48 Revised draft as at 4 June 2001 TABLE C GOVERNMENT SCHOOLS ADMINISTERED BY MALAMPA PROVINCIAL EDUCATION BOARD AMELVET AULUA BENBON BRENWEI BULEMAP FARUN/KALWAI LAINDUA LAKATORO LAMBUBU LELEUT LEVIAMP LINGARACK LIRO LUVIL LOWOI MAE SIRBULBUL MAGAM MATANVAT MBOSSUNG MEGAMONE 98 NORSUP LAKATORO ABANGA ALIGU AMBAEBULU ATAVTABANGA AUTABULU BAKANAO BANGABULU BENMOTRI BWATNAPNI ENKUL GAMALMAWA GAMBULE LABULTAMATA LESASANEMAL LOLKASAI WORA WURO AMELBILA AULUA BAIE CAROLINE E.P BOTOVRO BUTEKAI DAODOBO FANLA FARALO KAMAI LEHILI LOLIBULO NORSUP PORT VATO RENSARIE WILAK WORA WURO RANON VAUM MELWORBANK NAMARU NERAMB PINABOW RANON RENSARIE SANESUP SANGALAI SELUSA/TAHI SENAI SIRGAGALAK SOUTH WEST BAY TAUTU TISMAN TEMBIBI 98 VUKOF-MAUR (TISVEL) URIPIV VANRURU/HOKAI VAULELI VINMAVIS RENSARIE SOUTH WEST BAY TABLE D GOVERNMENT SCHOOLS ADMINISTERED BY PENAMA PROVINCIAL EDUCATION BOARD LOQUIRUTANO LOVUNVILI MACKENZIE NALELEO NANGOLE NAONE NAZARETH NDUINDUI PANGI QUATUNEALA RANMAWAT RANWAS/MANU SIMON SULUA TANBOK VANUE MARAMA VOLOVUHU VUIGALATO | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
SULUA TANBOK VANUE MARAMA VOLOVUHU VUIGALATO WAISINE WALAHA AMBAEBULU BIRIBIRI LAMORUNTOA/ABOUAGA NANIVELE NAROUAH NASAWA SARABULU VILKALAKA VINAMANOWE TORLIE 49 Revised draft as at 4 June 2001 LOLOVOLI GAMBULE AMBAEBULU LINI MEMORIAL COLLEGE NAVUTIRIKE TABLE E GOVERNMENT SCHOOLS ADMINISTERED BY SHEFA PROVINCIAL EDUCATION BOARD AKAMA AMARO/LELEPA BLACK SANDS BUNINGA/SENECOL CENTRAL PRIMARY COCONAK (98) EKONAK ELES ERAKOR ERATAP ERE ETON FRESH-WOTA HIWELO IFIRA KAWENU LAMENU LAUSAKE NGLA/MAGANUA MABFILAU CENTRAL SECONDARY MALAPOA COLLEGE BURAMBA MALATIA MALAWIA (98) MANGARONGO MANUA MATARARA MATASO MELEMAAT MORIU (98) MOSO/TASIRIKI NAWORAONE NIKAURA NOAWIA/MALALIU NOFO NOTTAGE PANGO RANGORANGO SARA SIKENBO TANGOVAWIA(98) ULEI UTANLAN/AMARONEA ONESUA PRESBYTERIAN COLLEGE EPI HIGH SCHOOL TABLE F VILA EAST VILA NORTH (98) YEVALI ANABROU BONGOVIU BURUMBA E.P BLACK SANDS E.P CENTRE VILLE E.P ERAKOR E.P IFIRA E.P ITAKUMA/LEKANONE E.P KATUNDAULA E.P MALAWIA E.P MATARISU E.P ROAU E.P SUANGO E.P WORARANA FRESH-WOTA PANGO/ESNAR MAKIRA BOUGAINVILLW ULEI NAPANGASALE GOVERNMENT SCHOOLS ADMINISTERED BY TAFEA PROVINCIAL EDUCATION BOARD ANALGAUHAT 2000 DILLON’S BAY 2000 DIP POINT 2000 FETUKAI 2000 GREEN HILL 2000 IARKEI/PETROS 2000 IETAP 2000 IQUARMANU 2000 IRUMORI 2000 ISAKA 2000 ISANGEL 2000 KAMAHAU KWAMERA 2000 LOUKATAI 2000 LOUNABIL 2000 LOUNAHUNU 2000 LOUNAPIKO 2000 LOUNIALU 2000 LOUSULA 2000 PORT NARVIN 2000 PORT RESOLUTION 2000 TUHU 2000 LABONGTAUA LAMANAPIEPI LAMANARUAN LAMAPRUAN LAMNATOU 2000 LAPKIT 2000 LAUNALANG LANAKEN 2000 LOUNIPAYEU LOWIEPENG 2000 50 Revised draft as at 4 June 2001 UMPONIELOGIE 2000 YAPILMAI DILLON’S BAY 2000 EHNIU IMANAKA 2000 ISANGEL 2000 ISANGEL LOWIERU MANUAPEN NAFUTI PORT MELOU 2000 YANAMWAKEI 2000 YAPIMAI LENAKEL ISHIA 2000 ISLA 2000 IWUNMIT 2000 LAMKAIL LENAKEL 2000 LENAKEN 2000 LENAULA TAFEA 51 Revised draft as at 4 June 2001 SCHEDULE 3 Section 563 ADMINISTRATIVE PROVISIONS FOR THE NATIONAL EDUCATION ADVISORY COUNCIL, NATIONAL EDUCATION COMMISSION AND PROVINCIAL EDUCATION BOARDS 1 | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
COMMISSION AND PROVINCIAL EDUCATION BOARDS 1 Interpretation In this Schedule: “education body” means: (a) the National Education Advisory Council; or (b) the National Education Commission; or (c) a Provincial Education Board. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
“member” means a member of an education body.
Application of Leadership Code Act 2 A member is a leader within the meaning of the Leadership Code Act No.
2 of 1998.
Term of office 3 A member is to be appointed for a term of 2 years and is eligible for reappointment.
Chairperson and deputy chairperson 4 (1) The members of an education body must elect one member to be the Chairperson and another member to be the Deputy Chairperson. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(2) The Chairperson and Deputy Chairperson each hold office for a term of one year and are eligible for reappointment.
(3) The Chairperson and Deputy Chairperson may resign his or her office by giving a written resignation to the education body. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
Removal and resignation of members 5 (1) The Minister may, on the advice of the Director-General, remove a member by order if he or she: (a) becomes a member of Parliament; or (b) (c) is convicted of an offence and sentenced to imprisonment for 3 months or longer; or is absent from 3 consecutive meetings without the leave of the education body; or 52 Revised draft as at 4 June 2001 (d) becomes insolvent or an undischarged bankrupt; or (e) (f) is a person having professional qualifications and is disqualified or suspended for misconduct from practising his or her profession; or in the case of a Provincial Education Board – has repeatedly failed to carry out his or her duties in a satisfactory manner. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(2) A member may resign at any time by giving his or her resignation in writing to the Minister.
Terms and conditions 6 (1) The rate of remuneration payable to a member is the rate determined under the Government Remuneration Tribunal Act No.
20 of 1998.
(2) If a rate of remuneration has not been determined under that Act, a member is to be paid such remuneration as the education body determines, subject to the written approval of the Minister. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(3) A member must: (a) be paid such sitting fees as the education body proposes and the Minister approves in writing; and (b) be reimbursed for all reasonable out of pocket expenses, including travel costs, incurred by the member in connection with the performance of his or her duties as a member of the education body. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
Disclosure of interests 7 A member who: (a) has a personal or business interest in a matter under consideration by the education body; or (b) is likely to have a conflict of interest in relation to the matter; must disclosure that interest to the education body in accordance with section 16 of the Leadership Code Act No.2 of 1998.
53 Revised draft as at 4 June 2001 8 Meetings (1) An education body must hold such meetings as are necessary for the performance of its functions. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
(2) At a meeting a quorum consists of: (a) in the case of the National Education Advisory Council and the National Education Commission - 6 members; and (b) in the case of a Provincial Education Board – 3 members.
(3) Questions arising at a meeting are to be determined by a majority of the votes of the members present and voting.
(4) If the voting at a meeting is equal, the chairperson at the meeting has a casting vote. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
Acting members 9 An education body may appoint a person to act as a member if the member is absent from Vanuatu or is for any other reason unable to perform his or her duties.
A person must not be appointed to act for more than 3 months.
10 Procedures Subject to this Schedule, an education body is to determine and regulate its own procedures.
54 | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577153859.pdf | https://education.gov.vu/docs/acts/tmp/Education%20Act_No.%2021%20of%202001.pdf |
REPUBLIC OF VANUATU THE TEACHING SERVICE ACT N° 38 OF 2013 REPUBLIC OF VANUATU TEACHING SERVICE ACT NO. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577169607.pdf | https://moet.gov.vu/docs/acts/Teaching%20Service%20Act_No.%2038%20of%202013.pdf |
38 OF 2013 Arrangement of Sections PART 1 1 2 3 4 PRELIMINARY MATTERS ........................................ 4 Purpose ......................................................................................................... 4 Objectives of the Act .................................................................................. ..4 Guiding principles of the Teaching Service ................................................ .4 Interpretation ................................................................................................ 5 PART 2 TEACHING SERVICE COMMISSION ..................... 7 Establishment of the Teaching Service Commission ................................... 7 5 6 Term of office of members of the Commission ........................................... 8 7 Acting Chairperson ...................................................................................... 8 8 Meetings of the Commission ....................................................................... 8 9 Functions of the Commission ...................................................................... 9 Powers of the Commission ........................................................................ 1 0 10 Provision of services to other organisations .............................................. 10 11 Delegation by the Commission .................................................................. 10 12 Functions of the Chairperson ..................................................................... [0 13 Delegation by the Chairperson ................................................................... 10 14 Staff ofthe Secretariat ofthe Commission ................................................ 11 15 Adequate funding to perform functions .................................................... .11 16 Annual report ............................................................................................. 11 17 PART 3 DUTY OF COMMISSION TO ACT AS A GOOD EMPLOyER ................................................................. 12 Duty to act as a good employer .................................................................. 12 18 19 Determining merit ...................................................................................... 12 20 Minimum qualifications ................... , ..... '" ................................................. 13 '. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577169607.pdf | https://moet.gov.vu/docs/acts/Teaching%20Service%20Act_No.%2038%20of%202013.pdf |
Teaching Service Act No. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577169607.pdf | https://moet.gov.vu/docs/acts/Teaching%20Service%20Act_No.%2038%20of%202013.pdf |
380J2013 PART 4 REGISTRATION AND LICENSING OF TEACHERS ............................................................ ou ••• 14 Application for a licence to teach; ........................................ , .................... 14 Licence to teach may be subject to conditions .......................................... .14 Transitional provision in relation to teachers ............................................ .15 Register of teachers .................................................................................... 15 Cancellation oflicence to teach ................................................................. 15 Variation or imposition of licence conditions ............................................ 16 Renewal of licence to teach ....................................................................... 17 Decisions of the Cornmission in relation to licences ................................ .17 Licence fees ............................................................................................... 18 Instruction to be provided by licensed teachers ......................................... 18 Offences ..................................................................................................... 18 21 22 23 24 25 26 27 28 29 30 31 PART 5 32 33 34 35 36 37 38 39 40 41 42 43 TEACHING SERVICE .............................................. 20 Teaching Service ........................................................ , ............................... 20 Matters that are subj ect to this Act ............................................................ 20 Appointments to the Teaching Service ...................................................... 20 Expiration of probation period ................... , ............................................... 21 Evidence of appointment ........................................................................... 21 Principals .................................................................................................... 21 Salary increments | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577169607.pdf | https://moet.gov.vu/docs/acts/Teaching%20Service%20Act_No.%2038%20of%202013.pdf |
21 Salary increments ....................................................................................... 22 Salary deductions .............................. , ........................................................ 22 Transfer ...................................................................................................... 22 Temporary salaried employees .................................................................. 22 Contract workers .............................................................. , ......................... 23 Appeal against promotion decision ............................................................ 23 PART 6 TEACHING SERVICE EMPLOYEES IN ASSISTED NON-GOVERNMENT SCHOOLS ............................ 24 Employment in assisted non-government schools ..................................... 24 44 PART 7 TRANSFER BETWEEN SERVICES ........................ 25 Arrangement for transfer ............................................................................ 25 45 Conditions of appointment oftransferred employees ................................ 25 46 PART 8 CODE OF CONDUCT ................................................. 26 47 Minister to issue a Code ofConduct .......................................................... 26 Private employment ................................................................................... 26 48 Elections ..................................................... , ............ , .................... , ............. 26 49 Employee obligations ........................................................ , ........................ 27 50 PART 9 DISCIPLINARY PROCEDURE ..................................... 28 Breach of discipline ................................................................................... 28 51 52 Meaning of misconduct. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577169607.pdf | https://moet.gov.vu/docs/acts/Teaching%20Service%20Act_No.%2038%20of%202013.pdf |
............................................................................. 28 Penalties ............................................. , ....................................................... 29 53 Disciplinary investigation .................................... , ..................................... 29 54 . | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577169607.pdf | https://moet.gov.vu/docs/acts/Teaching%20Service%20Act_No.%2038%20of%202013.pdf |
Criminal charges and conviction ............................................................... 30 55 Disciplinary deterrnination ....................................... , ................................. 30 56 Suspension .............................................. , .................................................. 31 57 TeachingSe/'vice Act No. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577169607.pdf | https://moet.gov.vu/docs/acts/Teaching%20Service%20Act_No.%2038%20of%202013.pdf |
38 of 2013 2 58 59 Appeals ...................................................................................................... 31 Form of appeal .... , ..................................................................................... .31 PART 10 APPEAL BOARD ......................................................... 32 Appeal Board constitution .................... : .................................................... 32 60 Procedure ............................. , ............. , ......................... , ....................... , ..... 32 61 Representation ...................................................... , ..................................... 33 62 Board decision ................................................ , .... , ..................................... 33 63 Attempt to influence Board or Commission .............................................. 34 64 PART 11 PROTECTION AND EDUCATIONAL INTERESTS OF CHILDREN TO BE PARAMOUNT ................... 35 65 Protection and educational interests of children to be paramount consideration ................ , ...... , ....... , ... , ............ ' .. " ....................................... ,.35 PART 12 MISCELLANEOUS MATTERS ................................ 36 66 Medical examinations ................................................................................ 36 Rules ............ , .... , .... | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577169607.pdf | https://moet.gov.vu/docs/acts/Teaching%20Service%20Act_No.%2038%20of%202013.pdf |
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"., ...... , .................... 36 68 Repeal and Savings provision .................................................................... 36 69 Commencement ........ , .......... , .... , ............ : ....... " .......
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Teaching Service Act No. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577169607.pdf | https://moet.gov.vu/docs/acts/Teaching%20Service%20Act_No.%2038%20of%202013.pdf |
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Teaching Service Act No.
380/2013 3 REPUBLIC OF VANUATU Assent: Commencement: 16/0112014 17/03/2014 TEACHING SERVICE ACT NO.
38 OF 2013 An Act to provide for the Teaching Service and Teaching Service Commission and for related matters. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577169607.pdf | https://moet.gov.vu/docs/acts/Teaching%20Service%20Act_No.%2038%20of%202013.pdf |
Be it enacted by the President and Parliament as follows- PART 1 PRELIMINARY MATTERS Purpose 1 The purpose of this Act is to establish a Teaching Service and a Teaching Service Commission, to make arrangements for the effective management ofthe Teaching Service and to provide for the licensing of teachers. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577169607.pdf | https://moet.gov.vu/docs/acts/Teaching%20Service%20Act_No.%2038%20of%202013.pdf |
Objectives ofthe Act 2 The principal objectives of this Act are: (a) (b) (c) (d) (e) to establish a Teaching Service and to provide for its effective management and leadership; and to establish an independent Teaching Service Commission that is efficient and effective; and to provide a legal framework for the employment of teachers in schools to the benefit of children, their families and the nation; and to establish the rights and obligations of members of the Teaching Service so that teachers understand their prime duty is to their students; and to establish a system requiring teachers in all schools to meet standards and to be licensed. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577169607.pdf | https://moet.gov.vu/docs/acts/Teaching%20Service%20Act_No.%2038%20of%202013.pdf |
Guiding principles of the Teaching Service 3 The guiding principles of the Teaching Service and the Teaching Service Commission are: TeachingSetvice Act No.
380[2013 4 .' | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577169607.pdf | https://moet.gov.vu/docs/acts/Teaching%20Service%20Act_No.%2038%20of%202013.pdf |
(a) (b) (c) to be independent and perfOlTIl their functions in a fair, impartial and professional manner without undue influence; and to make employment decisions based only on merit determined in accordance with section 19; and to provide a workplace that is free from discrimination and recognises the diverse background of employees and students; and (d) to have the highest ethical standards; and ( e) to be accountable for their actions; and (f) to be responsive to the Government in providing timely advice and implementing the Government's policies and programs; and (g) to provide leadership of the highest quality; and (h) (i) G) (k) to establish and maintain cooperative workplace relations based on consultation and communication; and . | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577169607.pdf | https://moet.gov.vu/docs/acts/Teaching%20Service%20Act_No.%2038%20of%202013.pdf |
to focus on achieving results and improving performance; and to observe the law; and .
to ensure the interests of children, both inmvidually arid collectively is the paramount consideration in all decision making.
Interpretation 4 In this Act, unless the context otherwise requires: "assisted non-government school" means a non-government school where by agreement the teaching staff are employed by the Teaching Service Commission. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577169607.pdf | https://moet.gov.vu/docs/acts/Teaching%20Service%20Act_No.%2038%20of%202013.pdf |
"Board" means the Appeal Board provided for under Part 10; Chairperson means the Chairperson of the Teaching Service Commission appointed under section 5; Code of Conduct means the Code of Conduct issued by the Teaching Service Commission under section 47; Commission means the Teaching Service Commission established by section 5; Edncation Anthority has the same meaoing as is provided for in the Education Act [CAP 272]; Teaching Service Act No.
38 0/2013 5 '. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577169607.pdf | https://moet.gov.vu/docs/acts/Teaching%20Service%20Act_No.%2038%20of%202013.pdf |
employee means an employee of the Teaching Service Commission; Institute means the Vanuatu Institute of Technology and the Vanuatu Institute of Teacher Education; instruction includes teaching and supervising school students; licence means a licence, including an interim licence, to teach issued under Part 4; Minister means the Minister for the time being responsible for education; principal has the same meaning as is provided for in the Education Act [CAP 272]; Provincial Education Board has the same meaning as is provided for in the Education Act [CAP 272]. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577169607.pdf | https://moet.gov.vu/docs/acts/Teaching%20Service%20Act_No.%2038%20of%202013.pdf |
Provincial Education Officer has the same meaning as is provided for in the Education Act [CAP 272]; Public Service means the Public Service provided for in section 2 of the Public Service Act [CAP 246]; regulations means any regulations made and in force under section 68; school has the same meaning as is provided for in the Education Act [CAP 272]; Secretariat means the Secretariat established under section 14; Secretary means the Secretary of the Commission appointed under section 14; Teaching Service means the Teaching Service established by section 32; trade union has the same meaning as is provided for in the Trade Unions Act [CAP 161]. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577169607.pdf | https://moet.gov.vu/docs/acts/Teaching%20Service%20Act_No.%2038%20of%202013.pdf |
Teaching Service Act No.
38 of2013 6 , l PART 2 TEACHING SERVICE COMMISSION 5 (1) Establishment of the Teaching Service Commission The Teaching Service Commission is established.
(2) The Teaching Service Commission consists of: (a) a Chairperson and subject to subsections (3) and (4), four other members appointed by the President on the recommendation of the· Minister; and (b) the Executive Officer of the Vanuatu National Training Council.
(3) At least two members of the Commission must be women. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577169607.pdf | https://moet.gov.vu/docs/acts/Teaching%20Service%20Act_No.%2038%20of%202013.pdf |
(4) (5) (6) (7) (8) The Vanuatu Teachers Union is to nominate a member to the Minister for recommendation to the President.
A person is eligible for appointment as a member of the Commission if the person: (a) has a wide and detailed knowledge or experience in education issues, education management or education policy; and (b) is of good standing in the community and has a good character.
One of the members appointed under subsection (2) must have legal or industrial training or experience. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577169607.pdf | https://moet.gov.vu/docs/acts/Teaching%20Service%20Act_No.%2038%20of%202013.pdf |
The position of Chairperson must be publicly advertised and the appointment must be based on merit determined in accordance with section 19. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577169607.pdf | https://moet.gov.vu/docs/acts/Teaching%20Service%20Act_No.%2038%20of%202013.pdf |
A person is not qualified to be appointed as Chairperson or a member of the Commission if he or she is: (a) a member of Parliament; or (b) (c) Cd) a member of an Education Authority or Provincial Education Board; or a person who exercises any position of responsibility in a political party; or a member of a Local Government Council or Municipal Council; or Teaching Service Act No.
380i2013 7 '.
(e) has been convicted of a criminal offence which has a penalty of 12 months or more imprisomnent. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577169607.pdf | https://moet.gov.vu/docs/acts/Teaching%20Service%20Act_No.%2038%20of%202013.pdf |
6 (1) Term of office of members of the Commission Subject to subsection (2) the members of the Commission are to be appointed for a period of 4 years and may be reappointed for one subsequent term.
Members may not serve more than two terms. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577169607.pdf | https://moet.gov.vu/docs/acts/Teaching%20Service%20Act_No.%2038%20of%202013.pdf |
Members may not serve more than two terms.
(2) A member is no longer qualified to be a member of the Conunission if the member: (a) (b) has been absent from two consecutive meetings of the Conunission without the consent of the Chairperson; or has been convicted of a criminal offence which has a penalty of 12 months or more imprisomnent; or (c) has become bankrupt; or (d) is unable or I)nfit to discharge the functions of a member.
(3) A member may resign by notice in writing to the Minister. | Financial inclusion | Education for women and girls | Vanuatu | https://docs-lawep.s3.us-east-2.amazonaws.com/1696577169607.pdf | https://moet.gov.vu/docs/acts/Teaching%20Service%20Act_No.%2038%20of%202013.pdf |