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TRAINING AND SKILLS DEVELOPMENT ACT 2008 (NO 30 OF 2008) - SECT 10

TRAINING AND SKILLS DEVELOPMENT ACT 2008 (NO 30 OF 2008) - SECT 10

10—Functions of Commission

        (1)         The Commission's general functions are—

            (a)         to assist, advise and make recommendations to the Minister on matters relating to the development, funding, quality and performance of vocational education and training and adult community education; and

            (b)         to regulate—

                  (i)         training providers under Part 3; and

                  (ii)         apprenticeships/traineeships under Part 4.

        (2)         The Commission's functions include—

            (a)         promoting and encouraging the development of investment, equity and participation in, and access to, vocational education and training and adult community education; and

            (b)         advising and making recommendations to the Minister—

                  (i)         on strategies and priorities for workforce development in the State with the aim of supporting employment growth and investment in the State (including the recognition of skills and qualifications gained outside of Australia); and

                  (ii)         on strategies for the development of vocational education and training and adult community education in the State; and

                  (iii)         relating to the amount and allocation of funds for vocational education and training and adult community education; and

                  (iv)         about the occupations that should constitute trades or declared vocations; and

                  (v)         in relation to the State's role as part of an integrated national system of education and training; and

                  (vi)         on the Minister's role as the State Training Authority; and

            (c)         registering training providers and accrediting courses under Part 3; and

            (d)         performing the functions assigned to the Commission under Part 4; and

            (e)         monitoring, and reporting annually to the Minister on the state of, vocational education and training and adult community education in the State, including the expenditure of public money in these areas; and

            (f)         developing guidelines—

                  (i)         for the purposes of Part 4; and

                  (ii)         if required—for the purposes of Part 3 for the approval of the Minister; and

            (g)         promoting pathways between the secondary school, vocational education and training, adult community education, and higher education, sectors; and

            (h)         entering into reciprocal arrangements with appropriate bodies with respect to the recognition of education and training; and

                  (i)         monitoring, and making recommendations to the Minister on, the administration and operation of this Act; and

            (j)         performing any other function assigned to the Commission by the Minister or by or under this or any other Act.

        (3)         For the purpose or in the course of performing its functions, the Commission may—

            (a)         establish committees (which may but need not consist of members of the Commission); and

            (b)         with the consent of the Minister, delegate a function—

                  (i)         to a particular committee, reference group or any other person or body; or

                  (ii)         to the person for the time being occupying a particular office or position.

        (4)         A function delegated under this section may, if the instrument of delegation so provides, be further delegated.

        (5)         A delegation—

            (a)         must be made by instrument in writing; and

            (b)         may be made subject to conditions specified in the instrument of delegation; and

            (c)         is revocable at will and does not prevent the delegator from acting in a matter.

        (6)         The Commission must, for the purposes of assisting, advising and making recommendations to the Minister on the Minister's functions under this Act, and generally to the extent practicable, consult with—

            (a)         industry and commerce, including industry skills boards and other training advisory bodies and associations and organisations established by or representing industry and commerce; and

            (b)         associations and organisations representing employees; and

            (c)         relevant bodies, associations or organisations representing higher education, vocational education and training and adult community education; and

            (d)         relevant government and community bodies.