Part 2 Constitution and functions of Board

5   Constitution of Board

(1)  There is constituted by this Act a body corporate under the name of the Vocational Education and Training Accreditation Board.

(2)  The Board is, for the purposes of any Act, a statutory body representing the Crown.

(3)  The Board is to comprise 11 members, being:

(a)  the Director, and

(b)  10 part-time members appointed by the Minister.

(4)  Of the part-time members:

(a)  one is to be a person nominated by the TAFE Commission Board, and

(b)  one is to be a person nominated by the Director-General of the Department of Education and Training, and

(c)  3 are to be persons having such qualifications or experience in the provision or accreditation of vocational education or training as the Minister considers appropriate, and

(d)  2 are to be persons having such qualifications or experience in the provision of vocational education or training for students with special needs as the Minister considers appropriate, and

(e)  2 are to be persons having such qualifications or experience in industry, commerce or industrial relations as the Minister considers appropriate, and

(f)  one is to be a person having such qualifications or experience in the provision, accreditation or evaluation of education or training for overseas students as the Minister considers appropriate.

(5)  If a nomination referred to in subsection (4) (a) or (b) is not made within such time as the Minister allows, the Minister may appoint any person whom he or she considers to be suitably qualified in place of a person required to be so nominated.

(6)  One of the part-time members of the Board is, by the instrument of his or her appointment as a member or by a subsequent instrument executed by the Minister, to be appointed as the Chairperson of the Board.

(7)  Schedule 1 has effect with respect to the members and procedure of the Board.

6   Objects and functions of Board

(1)  The objects of the Board are as follows:

(a)  to register training organisations,

(b)  to accredit vocational courses,

(c)  to approve persons to provide courses for overseas students,

(d)  to issue guidelines in relation to the registration of training organisations, the accreditation of vocational courses and the approval of persons to provide courses for overseas students,

(e)  to advise the Minister on matters concerning the registration of training organisations, the accreditation of vocational courses and the approval of persons to provide courses for overseas students,

(f)  to liaise with authorities and other bodies (both in New South Wales and elsewhere) in connection with the registration of training organisations, the accreditation of vocational courses and the approval of persons to provide courses for overseas students,

(g)  to investigate, and to report on, matters concerning the registration of training organisations, the accreditation of vocational courses and the approval of persons to provide courses for overseas students.

(2)  The Board:

(a)  has such functions as are necessary or convenient to enable it to achieve its objects and to promote the objects of this Act, and

(b)  has such other functions as are conferred or imposed on it by or under this or any other Act or law, and

(c)  is, in the exercise of its functions, subject to the control and direction of the Minister.

(3)  The Board cannot, however, employ any staff.

Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Board to exercise its functions.

7   (Repealed)

8   Advisory committees

(1)  The Board may establish advisory committees to assist it in the exercise of its functions.

(2)  Any or all of the members of an advisory committee may be persons who are not members of the Board.

(3)  Without limiting the generality of subsection (2), the membership of an advisory committee may comprise the members of any body, including any body in the nature of an industry training committee, whether established in New South Wales or elsewhere.

(4)  The procedure for the calling of meetings of an advisory committee and for the conduct of business at those meetings is to be as determined by the Board or (subject to any determination of the Board) by the committee.

9   Delegation

The Board may delegate the exercise of any of its functions (other than this power of delegation) to any person or body approved by the Board.