Industry Training Act 1992 No 55 (as at 01 January 2008), Public Act

10 Industry training organisation's proposed plan must identify activities for which it seeks funding
  • (1) An industry training organisation that seeks funding under a funding mechanism that provides for funding via plans (as indicated by the Minister under section 159L(2)(b) of the Education Act 1989) must—

    • (a) prepare a proposed plan in accordance with section 159X of the Education Act 1989; and

    • (b) specify in the proposed plan the activities set out in subsection (2) in relation to which funding is sought; and

    • (c) submit the proposed plan for consideration of funding approval under section 159YA of that Act.

    (2) The activities are—

    • (a) setting skill standards for the industry (or industries); and

    • (b) developing arrangements for the delivery (not being delivery by the organisation itself or organisations themselves) of industry training intended to enable trainees to attain those standards, including arrangements for—

      • (i) monitoring the training to ensure that it enables trainees to attain those standards; and

      • (ii) assessing trainees and the extent to which they have in fact attained those standards; and

    • (c) making arrangements for the delivery (not being delivery by the organisation itself or organisations themselves) of industry training that will enable trainees to attain skill standards previously set by the organisation (or organisations) and registered by the qualifications authority, including arrangements accepted by the qualifications authority for—

      • (i) monitoring the training to ensure that it enables trainees to attain those standards; and

      • (ii) assessing trainees and the extent to which they have in fact attained those standards; and

    • (d) making arrangements for the delivery (not being delivery by the organisation itself or organisations themselves) of industry training under apprenticeship contracts, technicians' contracts, or programmes of industry training recognised under section 18(a), that will enable trainees to attain skill standards likely to be registered by the qualifications authority, including arrangements likely to be accepted by the qualifications authority for—

      • (i) monitoring the training to ensure that it enables trainees to attain the levels of skill intended; and

      • (ii) assessing trainees and the extent to which they have in fact attained those levels of skill; and

    • (e) providing leadership within the industry on matters relating to skill and training needs by—

      • (i) identifying current and future skill needs; and

      • (ii) developing strategic training plans to assist the industry to meet those needs; and

      • (iii) promoting training that will meet those needs to employers and employees; and

    • (f) developing arrangements for the collective representation of employees in the governance of the organisation.

    (3) Every proposed plan of an industry training organisation, or combined proposed plan of 2 or more industry training organisations, must—

    • (a) specify agreed levels of performance for the industry training organisation or organisations to which the proposed plan relates; and

    • (b) provide for the variation, suspension, and termination of funding if those levels of performance are not achieved.

    (4) Nothing in this section limits any other requirement as to the content of proposed plans that may be specified by the Commission under Part 13A of the Education Act 1989.

    Section 10 was substituted, as from 1 January 2004, by section 11Industry Training Amendment Act 2002 (2002 No 51).

    Section 10 was amended, as from 1 January 2003, by section 20 Industry Training Amendment Act 2002 (2002 No 51) by substituting the word Commission for the word Board wherever it appears..

    Section 10 heading: amended, on 1 January 2008, by section 50(1) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).

    The heading to section 10 was amended, as from 1 January 2003, by section 20 Industry Training Amendment Act 2002 (2002 No 51) by substituting the word Commission for the word Board.

    Section 10(1): substituted, on 1 January 2008, by section 50(2) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).

    Subsection (1)(c) was substituted, as from 1 January 2003, by section 10(1) Industry Training Amendment Act 2002 (2002 No 51)

    Subsection (1)(d) and (1)(e) was inserted, as from 1 January 2003, by section 10(1) Industry Training Amendment Act 2002 (2002 No 51).

    Subsection (2A) was inserted, as from 1 January 2003, by section 10(2) Industry Training Amendment Act 2002 (2002 No 51).

    Section 10(3): amended, on 1 January 2008, by section 50(3) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).

    Section 10(3)(a): amended, on 1 January 2008, by section 50(3) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).

    Section 10(4): substituted, on 1 January 2008, by section 50(4) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).