New Zealand Acts

EDUCATION (VOCATIONAL EDUCATION AND TRAINING REFORM) AMENDMENT ACT 2020 - SECT 10

10 New sections 159FA to 159FC inserted

After section 159F , insert:

159FA Duties of Commission in relation to workforce development council

1 The Commission must—

a) have regard to advice from a workforce development council in relation to its 1 or more specified industries when assessing any proposed plan under section 159YA or when considering funding an organisation other than via a plan under section 159ZC in relation to vocational education and training; and

b) give effect to advice from a workforce development council about the mix of vocational education and training needed for the 1 or more industries covered by the workforce development council when deciding to give funding approval to organisations under section 159YA(5).

2 The duty in subsection (1)(b) is subject to—

a) any funding limits set by the Minister under section 159L and the Commission under section 159O; and

b) any capacity or capability constraints of organisations to provide, arrange, and support the mix of vocational education and training.

3 The Commission must advise a workforce development council, in writing, if it is unable to give effect to the workforce development council’s advice about the mix of vocational education and training needed for the council’s specified industries due to any limits or constraints referred to in subsection (2)(b) and advise the workforce development council about—

a) what specific actions the Commission intends to take to address those limits or constraints within the next 3 years; and

b) its right to object to the Minister if the workforce development council reasonably believes that the Commission has not adequately responded to its advice about the mix of vocational education and training required to meet the needs of its specified industries.

159FB Power of Commission to require information from workforce development council

1 The chief executive of the Commission may, by written notice to a workforce development council, require it to provide the chief executive with any information about the financial position or operations (or both) of the workforce development council (whether or not funded under a plan under section 159YA).

2 A workforce development council that receives a notice under subsection (1) must provide the chief executive of the Commission with the required information within the time period specified in the notice.

3 The chief executive of the Commission may, at any time, revoke or amend a notice given under subsection (1) .

159FC Power of Commission to audit workforce development council

1 For the purpose of ascertaining whether a workforce development council is complying, or has complied, with the provisions of this Act, the chief executive of the Commission may commission an independent audit of the workforce development council.

2 The audit may (without limitation) include an assessment of—

a) the performance of the workforce development council’s functions:

b) the application of funding provided to the workforce development council by the Commission.