N o. 12 of National Training Council Act Cer t i fied on: / /20.

Transcription

1 N o. 12 of National Training Council Act Cer t i fied on: / /20.

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3 INDEPENDENT STATE OF PAPUA NEW GUINEA. N o. 12 of National Training Council Act ARRANGEMENT OF SECTIONS. PART I PRELIMINARY. 1. Compliance with Constitutional requirements. 2. I nter pr et at i on. Chairman Commi t t ee Council Deputy Chairman Di r ect or Governing Council in-service training member National Training Plan Over seas Trai ning Pr i or i t i es Commi t t ee Scr eeni ng and Accr edi t at i on Commit t ee Secr et ar i at this Act training training institution PART II THE NATIONAL TRAINING COUNCIL. 3. Establishment of the Council. 4. I ncor por at i on of t he Counci l. 5. Object i ves of t he Counci l. 6. Functions of the Council. 7. Power s of t he Counci l. 8. Constitution of the Council. 9. Al t er nat e M ember s. 10. Vacat i on of office. 11. Vacancy not t o affect power s or funct i ons.

4 12. M eet i ngs of t he Counci l. 13. Di scl osure of i nter est by M ember s. 14. Del egat i on. 15. Repor t s. PART III COMMITTEES OF THE COUNCIL. 16. Power t o est abl i sh Commi t t ees, et c. 17. Vacancy not t o affect power s or funct i ons. 18. Cal li ng of meet i ngs of Commi t t ees. 19. Pr ocedures of a Commi t t ee. 20. Over seas Trai ni ng Pr i or i t i es Commit t ee. 21. Scr eeni ng and Accr edi t at i on Commi t t ee. PART IV NATIONAL TRAINING COUNCIL SECRETARIAT, ETC. 22. National Training Council Secretariat. 23. Consultants. PART V FINANCE. 24. Application of Public Finances (Management) Act PART VI NATIONAL TRAINING PLAN. 25. National Training Plan. PART VII M I SCELLANEOUS. 26. Council may obtain information relating to training. 27. Pr ot ect i on of M ember s of t he Counci l. 28. Review of National Training Council. 29. Devel opment, et c., plans of I n-ser vice Training Institutions to be submitted to the Council. 30. Regul at i ons. ii

5 INDEPENDENT STATE OF PAPUA NEW GUINEA. AN ACT enti t l ed National Training Council Act 1991, Bei ng an Act t o est abli sh a Nat i onal Trai ning Counci l and for r el at ed purposes, M ADE by t he N at i onal Par li ament t o come i nto oper at i on i n accor dance wi t h a not i ce in the National Gazette by the Head of State, acting with and in accordance wi t h, t he advice of t he M i ni st er. PART I. PRELIMINARY. 1. COMPLIANCE WITH CONSTITUTIONAL REQUIREMENTS. (1) This Act to the extent that it regulates or restr i ct s a r i ght or freedom r efer r ed t o i n Subdi visi on I I I.3.C (qualified rights) of t he Constitution, namel y t he r i ght t o pr i vacy confer r ed by Sect i on 49 of t he Consti tuti on, is a law that is made for t he purpose of gi ving effect t o t he publ i c i nter est i n publ i c wel far e. (2) For t he purposes of Sect i on 41 of t he Organic Law on Provincial Governments and Local-l evel Gover nment s, i t i s her eby decl ar ed t hat t hi s l aw r elat es t o a mat t er of nat i onal i nter est. 2. INTERPRETATION. In this Act, unless the contrary intention appears Chairman means t he Chai r man of t he Counci l appoi nted under Sect i on 8(1); Committee means a Commi t t ee est abl i shed under Sect i on 16; Council means the National Training Council established by Section 3; Deputy Chairman means the Deputy Chairman of the Council appointed under Sect i on 8(4); Director means t he Di r ect or of t he Secr et ar i at appoi nted under Sect i on 22;

6 s. 2. National Training Council 1991 Gover ning Council means t he body, by what ever name known, r esponsi bl e for the administration of a training institution; in-service training means a skill-building activity subsequent to empl oyment and speci ficall y job-r el at ed; member means a member of t he Counci l ; National Training Plan means t he N at i onal Trai ni ng Plan det er mi ned under Sect i on 25, and i n r el at i on t o any year means t he N at i onal Trai ni ng Plan det er mi ned for t hat year ; Overseas Training Priorities Committee means t he Over seas Trai ni ng Pr i or i t i es Commit t ee est abli shed under Sect i on 16; Screening and Accreditation Committee means the Screening and Accr edi t at i on Commi t t ee est abli shed under Sect i on 16; Secretariat means t he Nat i onal Trai ning Counci l Secr et ar iat est abli shed by Section 22; this Act includes t he Regul at i ons; training means a planned activity aimed at raising the productivity of workers through upgrading their motivation, practical skills and understanding. training institution means an institution offering a course of training, and i ncl udes a cor por at i on offer i ng a course of t r ai ni ng. 2

7 National Training Council 1991 s. 3. PART II. THE NATIONAL TRAINING COUNCIL. 3. ESTABLISHMENT OF THE COUNCIL. The National Training Council is hereby established. 4. INCORPORATION OF THE COUNCIL. (1) The Council (d) i s a body cor por at e wit h per pet ual successi on; and shal l have a common seal ; and may acquir e, hol d and di spose of pr oper t y; and may sue and be sued in i t s cor por at e name. (2) All courts, Judges and persons acting judicially shall take judicial notice of t he common seal of t he Counci l affixed t o a document and shal l pr esume t hat i t was duly affixed. 5. OBJECTIVES OF THE COUNCIL. (1) The object ives of t he Counci l ar e (d) (e) (f) (g) (h) t o fost er t he compr ehensi ve devel opment of t r ai ni ng wi t h r egard t o t he needs and r esour ces of t he countr y; and t o fost er t he co-ordination of training institutions so that the most effect i ve use can be made of r esources avai labl e for t r ai ning and r el at ed purposes; and to foster the type of training which ensures increased productivity and capacity building in the work force; and t o pl an and encourage t he devel opment of a syst em of t r ai ning fit t ed t o t he r equi r ements of t he countr y and i t s peopl es; and t o est abl i sh, pr eser ve and i mpr ove st andar ds of t r ai ni ng t hroughout t he country; and t o make t he benefit s of t r ai ni ng avai labl e as wi del y as possi bl e; and t o make t he most effect i ve use of r esour ces avai labl e for t r ai ni ng and r el at ed purposes i n so far as this can be done by legislative and administrative measures; and generally, to augment and support the role and functions of the Commi ssi on for H i gher Educat i on as speci fied i n t he Higher Education Act (2) In pursuing its objectives the Counci l shal l endeavour t o ensure t hat 3

8 s. 6. National Training Council 1991 (d) due al l owance i s made for r easonabl e di ver si t y of t r ai ni ng met hods, pr ovided t hat t he st andar ds of t r ai ni ng achi evement ar e not sacr i ficed; and training in training institutions is based on both noble traditions and Christian principles; and t he r ol e and funct i ons of t he Commi ssi on for H i gher Educat i on ar e not duplicated; and t he r ol e of ot her agenci es i nvol ved i n t r ai ning i s r ecogni zed. 6. FUNCTIONS OF THE COUNCIL. (1) The functions of the Council are (d) (e) (f) (g) (h) t o be r esponsi bl e for super visi ng and managi ng t he i mpl ementat i on of the National Training Policy and for monitoring, reviewing and revising t he N at i onal Trai ning Pol i cy when necessar y; and t o make r ecommendat i ons on any i ssue r el at ed t o t r ai ni ng t o t he National Executive Council and, where appropriate, to Provincial Gover nments; and to provide guidelines to the National Executive Council, Provincial Gover nments and t he I nser vice Training Institutions Governing Councils on any issue related to training; and t o pr opose t o al l par t ies i nvolved i n t he management of t r ai ni ng ways of maki ng t r ai ni ng pr ocesses mor e effici ent, t he di ssemi nat i on of i nfor mat i on mor e effect i ve and deci si on maki ng mor e r el evant t o t he national interest; and t o set out pr i or i t i es for t he gui dance of t he St at e Ser vices and st at utor y author i t i es i n r el at i on t o t he pr ovisi on of peopl e, finance and ot her r esources for t r ai ni ng; and t o make comment on any pr oposal s t o be submi t t ed t o t he N at i onal Executive Council on the allocation and sharing of public funds, aid moni es and ot her t r ai ni ng r esources bet ween nat i onal and pr ovinci al l evel s, t he publ i c and pr i vat e sect or s and unempl oyed per sons; and to formulate and publish guidelines on human resource requirements, localisation and indigenisation issues, training policies and priorities for al l sect or s of t he economy; and such other functions as are given to it under this Act or any ot her l aw. (2) In carrying out its functions, the Council shall work within national plans, t he framewor k of pr ogr ammes of t he N at i onal Gover nment and it s budget s and shall have r egar d for t he r esources of t he countr y. 4

9 National Training Council 1991 s POWERS OF THE COUNCIL. The Counci l has ful l power s t o do all t hings necessar y t o be done t o enabl e i t t o perform its functions under this Act including power to consult with interested bodi es affect ed by, or l i kel y t o be affect ed by, t he car r ying out of i t s funct i ons by t he Council. 8. CONSTITUTION OF THE COUNCIL. (1) The Counci l shall consi st of t he fol l owi ng member s appoi nted for t hei r pr ofessi onal i nput i nto pol i cy devel opment in t r ai ni ng ar eas: t he Depar t mental H ead of t he Depar t ment r esponsi bl e for l abour and empl oyment mat t er s or his nominee, who shall be Chairman; t he Depar t mental H ead of t he Depar t ment r esponsi bl e for per sonnel management mat t er s or hi s nomi nee; t he Di r ect or of t he Papua N ew Gui nea I nst i t ute of Publ i c Admi ni st r at i on of or hi s nomi nee; (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) t he Depar t mental H ead of t he Depar t ment r esponsi bl e for finance and planning matters or his nominee; t he Chai r man of t he Commi ssi on for H i gher Educat i on or hi s nomi nee; t he Depar t mental H ead of t he Depar t ment r esponsi bl e for educat i on mat t er s or hi s nomi nee; t he Pr esi dent of t he Trade U ni on Congr ess of Papua N ew Gui nea or hi s nomi nee; t he Pr esi dent of t he Publ i c Empl oyees Associ at i on or hi s nominee; t he Pr esi dent of t he Empl oyer s Feder at i on of Papua N ew Gui nea or hi s nomi nee; a seni or executi ve of t he Papua N ew Gui nea Chamber of Commer ce; a per son t o r epr esent t he Papua N ew Gui nea Trai ning and Development Soci et y, nomi nat ed by t he Soci et y; one person to represent church and voluntary organizations; one per son t o r epr esent t he i nter est s of women; (n) t he Di r ect or. (2) The persons referred to in Subsection (1)(j), (k), (l) and (m) 1 shal l be appoi nted i n accor dance wi t h t he Regulatory Statutory Authorities (Appointment to Certain Offices) Act 2004; and shal l be appoi nted for a t er m of t hree year s; and ar e el i gi bl e for r e-appoi ntment. 1 Section 8 Subsection (2) amended by No. 97 of 2006, Sched. 1. 5

10 s. 9. National Training Council 1991 (3) Wher e, under Subsect i on (1),, (d), (e) or (f) a nomi nee i s nomi nat ed, t he nomi nee shall be an officer of not l ess t han Assi st ant Secr et ar y l evel or t he equi val ent. (4) The member s shal l appoi nt one of t hei r number t o be t he Deputy Chai r man of t he Counci l. 9. ALTERNATE MEMBERS. (1) For each of t he member s appoi nted under Sect i on 8(1)(j), (k), (l) and (m), an al t er nat e member shal l be appoi nted i n t he same way and subject t o t he same condi t i ons as t he member for whom he i s t he al t er nat e. (2) I n t he event of t he i nabil i t y t o act of a member, t he al t er nat e member has and may exer ci se all his powers, functions, duties and responsibilities (including member shi p of a Commi t t ee) and t hi s Act appl i es accor di ngl y. (3) An al t er nat e member may, unl ess t he Counci l ot her wi se di r ect s, at t end al l meetings of the Council but shall not, except where he i s at t endi ng i n t he absence of t he member for whom he i s t he al t er nat e, t ake par t i n debat e, vot e on any mat t er or be counted t owar ds a quor um. 10. VACATION OF OFFICE. (1) A member, ot her t han an ex officio member, may r esign hi s office by writing signed by him and del i ver ed t o t he M i ni st er. (2) I f a member (d) (e) (f) becomes per manentl y i ncapabl e of per for mi ng hi s duti es; or r esi gns hi s office i n accor dance wi t h Subsect i on (1); or i s absent, except wi t h t he wri t t en consent of t he M i ni st er, from t hree consecuti ve meet i ngs of t he Counci l ; or fai l s t o compl y wi t h Sect i on 13; or becomes bankr upt, or appl i es t o t ake t he benefit of any l aw for t he benefit of bankr upt or i nsol vent debt or s, compounds wi t h hi s cr edi t or s or makes an assi gnment of hi s r emuner at i on for t hei r benefit ; or i s convict ed of an offence puni shabl e under a l aw by a t er m of i mpr i sonment for one year or l onger, or by deat h, and as a r esult of t he conviction is sentenced t o i mpr i sonment or deat h, the Minister shall terminate his appointment. (3) The M i ni st er, may, at any t i me, by wri t t en not i ce, advi se a member t hat he intends to terminate his appointment on the grounds of inefficiency, incapacity or mi sbehavi our. 6

11 National Training Council 1991 s. 11. (4) Wit hi n 14 days of t he r ecei pt of a not i ce under Subsect i on (3), t he member may r epl y i n wri t i ng t o t he M i ni st er, who shal l consi der t he r epl y, and, where appr opr i at e, t er mi nat e t he appoi ntment. (5) Wher e t he member r efer r ed t o i n Subsect i on (3) does not r epl y i n accor dance wi t h Subsect i on (4), hi s appoi ntment i s t er mi nat ed. 11. VACANCY NOT TO AFFECT POWERS OR FUNCTIONS. The exer ci se of a power or t he per for mance of a funct i on of t he Counci l i s not inval i dat ed by r eason of a vacancy i n t he member shi p of t he Counci l. 12. MEETINGS OF THE COUNCIL. (1) The Counci l shal l meet as often as t he busi ness of t he Counci l r equi r es, and at such times and places as the Chairman directs, but in any event not less frequently than once in every quarter. (2) At a meet i ng of t he Counci l (d) seven member s const i t ute a quor um; and the Chairman, or in his absence the Deputy Chairman, shall preside, and it both the Chairman and Deputy Chairman are absent, the member s pr esent shal l appoi nt, from among t hei r own number, a Chairman for that meeting; and mat t er s ar i si ng shall be deci ded by a major i t y of t he vot es of t he member s pr esent and vot i ng; and t he per son pr esi di ng has a del i ber at i ve, and i n t he event of an equality of vot es on any mat t er, al so a cast i ng vot e. (3) The Counci l shall cause mi nutes of i t s meet i ngs t o be r ecor ded and kept. (4) Subject t o t hi s Act, t he pr ocedur es of t he Counci l ar e as det er mi ned by t he Chairman or the Council. 13. DISCLOSURE OF INTEREST BY MEMBERS. (1) A member who has a di r ect or i ndi r ect i nter est i n a mat t er bei ng consi der ed or about t o be consi der ed by t he Counci l, ot her wise t han as a member of, and i n common wi t h t he ot her member s of, an i ncor por at ed company consi st i ng of not l ess t han 25 per sons, shal l, as soon as possi bl e after t he r el evant fact s have come t o hi s knowl edge, di scl ose t he nat ure of hi s i nter est at a meet i ng of t he Counci l. (2) A di scl osure under Subsect i on (1), shall be r ecor ded i n t he mi nutes of t he Council, and the member shal l not t ake par t, after t he di scl osure, i n any deli ber at i on or deci si on of t he Counci l i n r elat i on t o t he mat t er ; and 7

12 s. 14. National Training Council 1991 shal l be di sr egar ded for t he pur pose of const i t uti ng a quor um of t he Counci l for any such del i ber at i on or deci si on. 14. DELEGATION. The Counci l may, by i nst r ument, del egat e t o any per son or per sons, al l or any of i t s power s and funct i ons under t hi s Act (except t hi s power of del egat i on). 15. REPORTS. (1) The Council shall, as soon as practicable after 1 January in each year, furni sh t o t he M i ni st er a r epor t on t he pr ogr ess and t he per for mance of t he Counci l i n r el at i on t o i t s funct i ons for t he year pr ecedi ng endi ng 31 December. (2) As soon as pr act i cabl e after he has r ecei ved t he r epor t r efer r ed t o i n Subsect i on (1), t he M i ni st er shal l for war d t he r epor t t o t he Speaker for pr esentat i on t o t he Par li ament. 8

13 National Training Council 1991 s. 16. PART III. COMMITTEES OF THE COUNCIL. 16. POWER TO ESTABLISH COMMITTEES, ETC. (1) The Council shal l est abli sh an Over seas Trai ni ng Pri or it i es Commi t t ee; and shal l est abli sh a Scr eeni ng and Accr edi t at ion Commi t t ee; and may, from t i me t o t i me, est abl i sh such ot her Commi t t ees as i t consi der s necessar y i n r el at i on t o i t s funct i ons, in accordance with this Part. (2) Subject to this Part, the Council shall appoint member s (who may or may not be member s of t he Counci l ) of a Commi t t ee and shal l speci fy i t s funct i ons and power s. (3) Wher e a Commi t t ee i s est abl i shed under t hi s sect i on for t he purpose of coor di nat i ng wi t h anot her body or or gani zat i on, not i ficat i on of the establishment of the Committee shall be published in the National Gazette. 17. VACANCY NOT TO AFFECT POWERS OR FUNCTIONS. The exer ci se of a power or t he per for mance of a funct i on of a Commit t ee est abli shed under t hi s Par t i s not i nval i dat ed by r eason of a vacancy in the member shi p of t he Commi t t ee. 18. CALLING OF MEETINGS OF COMMITTEES. (1) A Commi t t ee est abli shed under t hi s Par t shall meet as often as t he busi ness of t he Commi t t ee r equi r es, and at such t i mes and pl aces as t he Chai r man of t he Commi t t ee di r ect s, but i n any event i n t he case of t he Over seas Trai ni ng Pr i or i t i es Commi t t ees; and t he Scr eeni ng and Accr edi t at i on Commi t t ee, shal l meet at l east once i n ever y t wo months. (2) Wher e he r ecei ves a r equest t o do so by t he M i ni st er or by not less t han t wo member s of t he Commi t t ee, t he Chai r man of a Commit t ee shal l convene a meet i ng of t he Commi t t ee wit hi n 14 days. 19. PROCEDURES OF A COMMITTEE. The pr ocedur es of a Commi t t ee ar e as det er mi ned by t he Commi t t ee Chai r man or t he Commi t t ee. 9

14 s. 20. National Training Council OVERSEAS TRAINING PRIORITIES COMMITTEE. (1) The Over seas Trai ni ng Pr i or i t i es Commi t t ee shall consi st of at l east si x members of the Council and shall include (d) t he member appoi nted under Sect i on 8(1); and t he member appoi nted under Sect i on 8(1); and t he member appoi nted under Sect i on 8(1)(d); and at l east t hree member s appoi nted under Sect i on 8(1)(g) t o (m) i nclusi ve. (2) The member s of t he Over seas Trai ni ng Pr i or i t i es Commit t ee shal l be appoi nted by t he Counci l. (3) The Counci l shal l appoi nt one of t he member s of t he Over seas Trai ni ng Pr i or i t i es Commi t t ee t o be t he Chai r man of t hat Commi t t ee and anot her member t o be the Deputy Chairman. (4) The funct i ons of t he Over seas Trai ni ng Pr i or i t i es Commit t ee ar e t o det er mi ne t he di st r i buti on of pl aces on donor -funded over seas courses bet ween sect or s and subsect or s i n accor dance wi t h nat i onal pr i or i t i es; and t o ensure t hat, wher e over seas t echni cal assi st ance i s r equi r ed, i t s training component is submitted to and monitor ed by t he Council ; and ot her wi se t o car r y out t he di r ect i ons of t he Counci l. (5) For t he purposes of Subsect i on (4), sect or s and subsect or s means sect or s and subsect or s as r efer r ed t o i n t he budget ar y and pl anni ng documents of t he Depar t ment r esponsible for finance and planning matters. 21. SCREENING AND ACCREDITATION COMMITTEE. (1) The Scr eeni ng and Accr edi t at i on Commi t t ee shall consi st of at l east si x members of the Council and shall include (d) (e) (f) t he member appoi nted under Sect i on 8(1); and t he member appoi nted under Sect i on 8(1); and t he member appoi nted under Sect i on 8(1)(e); and t he member appoi nted under Sect i on 8(1)(f); and t he member appoi nted under Sect i on 8(1)(k); and at l east t wo ot her member s appoi nted under Section 8(1)(g) to (m) inclusive. (2) The member s of t he Scr eeni ng and Accr edi t at i on Commi t t ee shal l be appoi nted by t he Counci l. 10

15 National Training Council 1991 s. 21. (3) The Counci l shal l appoi nt one of t he member s of t he Scr eeni ng and Accr edi t at i on Commi t t ee t o be t he Chai r man of t hat Commi t t ee and anot her member t o be t he Deputy Chair man. (4) The functions of the Screening and Accreditation are t o consi der and r eview t he pr ogr ammes of pr i vat e t r ai ni ng i nst i t uti ons i n r el at i on t o st andar ds, r el evance, cost s, sel f-sufficiency and duplication of locally-available publicly-funded cour ses; and t o cer t i fy, i n t he pr escr i bed manner, pr i vat e t r ai ning i nst i t utions as training institutions whose services may or may not be utilized by Gover nment-funded agencies; and ot her wi se t o car r y out t he di r ect i ons of t he Counci l. (5) For t he purposes of Subsect i on (4), pr i vat e t r ai ni ng i nst i t uti ons means t r ai ni ng i nst i t uti ons whi ch do not r ecei ve di r ect Gover nment gr ants t owar ds t he cost of t hei r oper at i ons. 11

16 s. 22. National Training Council 1991 PART IV. NATIONAL TRAINING COUNCIL SECRETARIAT, ETC. 22. NATIONAL TRAINING COUNCIL SECRETARIAT. (1) There is established a National Training Council Secretariat consisting of 2 a Di r ect or, whose manner of appoi ntment, suspensi on an di smi ssal i s as speci fied i n t he Regulatory Statutory Authorities (Appointment to Cer tai n Offi ces) Act 2004; and such ot her officer s appoi nted by t he Di r ect or as t he Counci l consi der s necessar y for t he effici ent admi nist r at i on of i t s funct i ons and power s. (2) Subject t o t he pr ovisi ons of t he Salaries and Conditions Monitoring Committee Act 1988, t he Counci l shal l det er mi ne t he t er ms and condi t i ons of empl oyment of t he officer s of t he Secr et ar i at. (3) The ser vice i n t he Secr et ar i at of an officer of t he Publ i c Ser vice shal l for al l purposes be counted as ser vice i n t he Publ i c Ser vice. (4) The Di r ect or shall manage and be t he Chi ef Executi ve of t he Secr et ar i at and in relation to policy shall act in accor dance wi t h t he pol i cy and di r ect i ons of t he Council. (5) The funct i on of t he Secr et ar i at i s t o pr ovide ser vices t o t he Counci l and t o carry out such other functions as are directed by the Council. 23. CONSULTANTS. The Counci l may, from t i me t o t i me after consultation with the Minister and the Director; and within the limits of funds lawfully available for the purpose; and on such terms and conditions as are fixed by the Council, employ such consultants as, in the opinion of the Council, are necessar y for t he purposes of t he Counci l. 2 Section 22 Subsection (1) amended by No. 97 of 2006, Sched

17 National Training Council 1991 s. 24. PART V. FINANCE. 24. APPLICATION OF PUBLIC FINANCES (MANAGEMENT) ACT Part VIII of the Publ i c Finances (M anagement) Act 1995 applies to and in r el at i on t o t he Counci l. 13

18 s. 25. National Training Council 1991 PART VI. NATIONAL TRAINING PLAN. 25. NATIONAL TRAINING PLAN. The N at i onal Executive Counci l shal l, for each year, after consi der i ng a r epor t and r ecommendat i ons from t he Counci l, det er mi ne a Nat i onal Trai ni ng Plan consi st ent wi t h and based upon r esour ces avail abl e for t he purpose. 14

19 National Training Council 1991 s. 26. PART VII. M I SCELLANEOUS. 26. COUNCIL MAY OBTAIN INFORMATION RELATING TO TRAINING. (1) The Council may, by notice in writing under the hand of the Chairman, require persons engaged in training in training institutions, to supply to the Council, or t o an officer of t he Secr et ar i at, i nfor mat i on, as speci fied i n t he not i ce, r elat i ng t o training. (2) A per son who fails to supply information; or supplies false or misleading information, when required to supply information in accordance with a notice under Subsecti on (1), i s guil t y of an offence. Penal t y: A fine not exceedi ng K 1, or i mpr i sonment for a t er m not exceedi ng one year, or bot h. 27. PROTECTION OF MEMBERS OF THE COUNCIL. No action is maintainable against a member of the Council for anything which is done by t he member i n good fai t h whil e act i ng as a member. 28. REVIEW OF NATIONAL TRAINING COUNCIL. (1) The M i ni st er shall, as soon as possi bl e after t he expi r y of a per i od of t hree year s from t he dat e of comi ng i nto oper at i on of t hi s Act appoi nt a Review Commi t t ee of t hree per sons, who have such exper i ence as t he M i ni st er consi der s r el evant, for t he purpose of r eviewing and eval uat i ng t he wor k of t he Counci l. (2) The Review Commi t t ee shall examine t he wor k of t he Counci l and i t s effect s from i t s est abl i shment and shall furni sh t o t he M i ni st er, for pr esentat i on t o t he N at i onal Executive Counci l wi t hi n a per i od of ni ne months after t he dat e of t he appoi ntment of t he Review Commit t ee, a r epor t contai ni ng a r eview and eval uat i on of t he wor k of t he Counci l and i t s effect s. (3) The Council shall supply all information required by the Review Committee and shal l ot her wise assi st t he Review Commi t t ee i n i t s funct i ons. 29. DEVELOPMENT, ETC., PLANS OF IN-SERVICE TRAINING INSTITUTIONS TO BE SUBMITTED TO THE COUNCIL. (1) Wher e, i n accor dance wi t h any ot her l aw, a pl an for t he devel opment of, or for a training programme in, an in-service training institution is required to be submitted to a Department, that Department shall ensure that a copy of such plan is sent t o t he Council. (2) On receipt of a plan under Subsection (1), the Council shall ensure that the plan accords with national priorities in training, and where a plan does not so accord, 15

20 s. 30. National Training Council 1991 t he Counci l shall advise t he per son or body for mul at i ng or r esponsi bl e for t he plan of any di scr epanci es. 30. REGULATIONS. The H ead of St at e, act i ng on advice, may make Regul at i ons not i nconsi st ent with this Act prescribing all matters that by this Act are required or permitted to be pr escr i bed or t hat ar e necessar y or conveni ent t o be pr escr i bed for t he purpose of car r ying out or gi ving effect t o t hi s Act i ncludi ng t he i mposi t i on of penal t i es of fines not exceedi ng K for offences agai nst any Regulat i on. Office of Legislative Counsel, PNG 16