This Act may be cited as the Vocational Training Council Act 1968.

In this Act, unless the context otherwise requires,—

There is hereby established for the purposes of this Act a Council to be known as the Vocational Training Council.

The Council shall be a body corporate with perpetual succession and a common seal, and, subject to the provisions of this Act and to any other Act or rule of law, shall be capable of executing documents, of suing and being sued, and of doing and suffering all such acts and things as bodies corporate may do and suffer.

Subject to the provisions of this section and to sections 5 and 14 of this Act, the Council shall comprise ten full members being—

In addition to the members appointed under subsection (1) of this section, the Minister of Education and the Minister of Labour (acting jointly) may from time to time, after consultation with the existing members of the Council, appoint not more than five additional full members. When making appointments under this section, the Ministers shall consider the interests of groups or organisations concerned with vocational training and shall select persons who, in the Ministers’ opinion, are likely to contribute effectively to the working of the Council.

In addition to the members appointed under section 4 of this Act, the Council shall include three associate members being—

Every associate member shall be entitled to be present and to be heard at any meeting of the Council, but shall not be entitled to vote at any such meeting.

In the absence from any meeting of a member being the Director-General of Education or the Secretary of Labour that member may authorise any officer of his department to attend the meeting in his stead as his deputy.

The Minister of Education and the Minister of Labour (acting jointly) may from time to time appoint any person qualified for appointment as a full member of the Council to be the deputy of any member of the Council (other than the Chairman) appointed under subsection (1) of section 4 of this Act to act, pursuant to the terms of his appointment, in the event of the absence of the member from any meeting of the Council. Every such deputy shall be appointed on the nomination of the organisation which nominated the member for appointment, and shall hold office at the pleasure of the Ministers.

In the absence from any meeting of the Chairman of the University Grants Committee he may authorise any officer of that Committee to attend the meeting in his stead as his deputy.

While any person is attending a meeting pursuant to this section he shall be deemed for all purposes to be a full member of the Council, except that the deputy of the Chairman of the University Grants Committee shall have only the powers of an associate member. The fact that any person so attends shall be sufficient evidence of his authority to do so.

Except as provided in this Act and subject to the provisions of this section,—

Any appointed full or associate member may be reappointed on the completion of the period for which he was appointed or reappointed.

The following persons shall be incapable of being appointed or holding office as a full or associate member of the Council:

An appointed full or associate member of the Council shall cease to be a member if he—

The Minister may remove from office any appointed full or associate member who is proved to be guilty of neglect or misconduct.

Any appointed full or associate member of the Council may at any time resign his office by notice in writing addressed to the Minister.

If any appointed full or associate member dies, or is removed from office, or resigns, or ceases to hold office by virtue of subsection (1) of this section the vacancy so created shall be filled by the appointment, in the manner prescribed by section 4 or section 5 of this Act, as the case may require, of some person qualified for that office. Every person so appointed shall be appointed for the residue of the term for which his predecessor was appointed.

Unless he sooner vacates his office as provided by subsection (4) of this section, every member of the Council shall continue in office until his successor comes into office, notwithstanding that the term for which he was appointed may have expired.

The powers of the Council shall not be affected by any vacancy in its membership.

The first meeting of the Council shall be held on a day to be fixed by the Chairman.

Subsequent meetings of the Council shall be held at such times and places as the Council or the Chairman from time to time decides.

The Chairman or any two members of the Council may at any time call a special meeting of the Council.

At all meetings of the Council, the quorum necessary for the transaction of business shall be not less than six full members.

All questions arising at any Council meeting shall be decided by a majority of the valid votes recorded by the members present and entitled to vote. Any full member may demand a poll to decide any question, but otherwise voting shall be carried out by a show of hands.

A resolution in writing signed, or assented to by letter or telegram, by all the full members of the Council shall be as valid and effectual as if it had been passed at a meeting of the Council duly called and constituted.

The Chairman shall preside at all meetings at which he is present.

In the absence from any meeting of the Chairman and the Deputy Chairman, the members present shall elect one of their number to act as chairman of that meeting.

At any meeting, the Chairman or the person acting as such shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.

The Chairman or person for the time being acting as such may adjourn any meeting until a specified time and to a specified place if he considers that deliberation on a question will be furthered by such a course of action.

Subject to the provisions of this Act, the Council may regulate its procedure in such manner as it thinks fit.

At the first meeting of the Council, the Council shall elect one of the members to be Deputy Chairman.

Any person elected as Deputy Chairman shall hold office as such until he vacates office as a member of the Council. He may from time to time be re-elected after being reappointed as a member of the Council.

At the first meeting of the Council after a vacancy occurs in the office of Deputy Chairman, the Council shall elect one of its members to be Deputy Chairman.

Subject to the provisions of this Act, the Deputy Chairman shall have and may exercise all the powers and duties of the Chairman during his absence or incapacity or while there is a vacancy in the office of Chairman.

No acts done by a Deputy Chairman acting as the Chairman shall in any proceedings be questioned on the ground that the occasion for his so acting had ceased or had not arisen.

The Council shall from time to time make recommendations to the Government, departments of State, authorities in the fields of industry, commerce, agriculture, and social welfare, and such other institutions as may be interested in all or any aspects of vocational training. In particular the Council may make recommendations as aforesaid for all or any of the following purposes:

Without limiting its functions under subsection (1) of this section, the Council shall from time to time—

Where the Council makes any recommendation in respect of vocational training, the Council shall forthwith forward a copy of the recommendation to the Director-General of Education and, where any such recommendation is in respect of vocational training which is carried on in, or is or may be appropriate to, a university, the Council shall also, unless the Chairman of the University Grants Committee or his deputy advises the Council to the contrary, forthwith forward a copy of the recommendation to the University Grants Committee.

The Council shall have all such powers, rights, and authorities as may be reasonably necessary to enable it to carry out its functions.

The Council shall have power to spend any of its funds in the exercise of its functions or on any purpose ancillary thereto.

Without limiting the general powers conferred on it by this section, the Council may charge such fees as may from time to time be approved by the Minister in respect of any service performed by it in the exercise of its functions.

The Council may from time to time appoint temporary members, to hold office during such period as may be specified in each case, for the purpose of assisting it in the exercise of its functions under this Act.

Any appointment under this section may at any time be revoked by the Council.

During the period of his appointment a temporary member shall be deemed to be a member of the Council, and shall be entitled to vote on any question being considered by the Council.

The Council may from time to time appoint advisory committees, technical committees, and committees to deal with the problems of particular industries or occupations, to advise it on such matters as it may refer to them; and the Council may from time to time delegate to any such committee any of its functions, powers, and duties, except this power of delegation.

Every such committee may, in addition and on its own initiative, furnish to the Council reports on any matter in respect of which the members of the Committee have special knowledge or experience.

Any person may be appointed to be a member of any such committee, notwithstanding that he is not a member of the Council.

Every such committee shall in all matters be subject to the control of the Council, and shall carry out all directions, general or special, of the Council in relation to the Council or its affairs.

Subject to the provisions of this section, any such committee may exercise or perform any function, power, or duty delegated to it in the same manner and with the same effect as if it had been conferred on the committee directly by this Act and not by delegation.

Any delegation under this section may at any time be revoked by the Council.

Every committee purporting to act pursuant to any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

No delegation under this section shall prevent the Council from exercising any of its functions, powers, or duties.

Subject to the provisions of this Act, every committee appointed under this section may regulate its procedure in such manner as it thinks fit.

The Council and any advisory or technical committee appointed by the Council may from time to time invite any person or any officer employed in the Government service, or a representative of any organisation, who, in its opinion, possesses expert knowledge or is otherwise able to assist it in connection with the exercise of its functions, to attend any of its meetings or to advise it on any matter with which it is concerned.

Any person attending a meeting under this section may, if invited, take part in any discussion at the meeting, but shall not have any voting rights.

The Council may from time to time enter into contracts of insurance insuring its members (including associate and temporary members), and members of any advisory or technical committee appointed by it, against loss from personal accident arising out of and in the course of the exercise of their powers and duties as Council or committee members, and may pay the premiums payable in respect of any such contract.

The Council may from time to time enter into contracts of insurance indemnifying itself and its employees against claims made against it or against any of its employees for loss or damage arising from any act or omission of the Council or any of its employees while acting within the scope of their employment, and pay the premiums payable in respect of any such contract.

The Council shall appoint and employ a suitably qualified person to act as chief executive officer to the Council.

The chief executive officer shall carry out such duties as may from time to time be assigned to him by the Council, and shall be responsible for the supervision of officers and employees appointed pursuant to section 20 of this Act.

The Council may, subject to any contract of service with the chief executive officer, at any time for reasonable cause, remove him from his employment.

The Council may pay the chief executive officer such salary and allowances as it may from time to time determine after consultation with the State Services Commission and with the officer.

Where the chief executive officer was not, immediately preceding his appointment, a contributor to the Government Superannuation Fund, the Council may out of its funds subsidise or contribute to the National Provident Fund, or any other fund or scheme established with the approval of the Minister of Finance, for the purpose of providing the officer with a superannuation or retiring allowance.

In the event of any person being appointed to be the Council’s chief executive officer while he is an officer of or is employed in any branch of the Government service, he shall, on the termination of that appointment, have the same rights in relation to employment in the Government service as if his service as chief executive officer had been service in the branch of the Government service in which he was so employed immediately before his appointment as chief executive officer.

In the event of any person being appointed to be the Council’s chief executive officer while he is a contributor to the Government Superannuation Fund under Part II of the Superannuation Act 1956, his service as chief executive officer shall be deemed for the purposes of the Superannuation Act 1956 to be employment in the Government service.

There may from time to time be appointed under the State Services Act 1962 such research, clerical, and other officers as may be required to enable the Council to carry out its functions under this Act.

Any person appointed under this section may hold his appointment concurrently with any other appointment.

The Council is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.

There shall be paid to the members of the Council (including associate and temporary members), remuneration by way of fees, salary or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951; and the provisions of that Act shall apply accordingly.

There may be paid to the members of any advisory or technical committee, and to any person co-opted to advise or assist the Council or any advisory or technical committee, remuneration by way of fees, salary, or allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951; and the provisions of that Act shall apply accordingly as if the members of any advisory or technical committee and any person so co-opted to advise or assist the Council or any advisory or technical committee were members of a statutory Board within the meaning of that Act.

For the purposes of providing funds to enable the Council to exercise its functions, the Minister of Finance shall in the financial year ending with the thirty-first day of March, nineteen hundred and sixty-nine, and in every financial year thereafter, pay to the Council, out of money appropriated by Parliament for the purpose, such sum as he may approve.

Subject to the terms of any trust or endowment, any money belonging to the Council that is not immediately required for expenditure by it may be invested in any manner in which trustees are for the time being authorised to invest trust funds.

The Council may borrow money (whether on overdraft or otherwise) only with the prior consent of the Minister of Finance on such terms and conditions as he may think fit to impose.

Any local authority or other public body, any corporation sole, any company or other incorporated body, any unincorporated body of persons, any trustee or trustees (including any statutory trustee or trustees or board of trustees), or any other person may, unless expressly prohibited by any Act, or by any instrument of trust, or by its constitution, make to the Council, and the Council may accept, gifts (including devises or bequests) of money and property of every description whatsoever for the purposes of development of vocational training.

For the purposes of this section, the term “local authority” means a local authority within the meaning of Part I of the Local Authorities Loans Act 1956, whether by virtue of section 2 of that Act or of any Order in Council thereunder, or by virtue of any other Act; and includes such other public bodies as are from time to time declared by the Governor-General in Council to be local authorities for the purposes of this section.

The Council is hereby declared to be exempt from the payment of income tax.

No stamp duty shall be payable on any agreement to which the Council is a party or on any transfer, assignment, or other assurance to the Council of any property for the purpose of providing it with finance to carry out its functions under this Act.

No gift duty shall be payable on any gift made to the Council for its purposes, and no such gift shall be included in the dutiable estate of the donor, notwithstanding that he may die within three years after having made the gift.

The Council shall open at such bank or banks as may be approved by the Minister of Finance, or at any branch or agency of any such bank, such accounts (including imprest and subsidiary accounts) as are necessary for the exercise of its functions and powers.

All money received by the Council, or by a member, officer, or employee in the course of his duties as a member or servant of the Council, amounting to twenty dollars or more shall, as soon as practicable after it has come into the hands of the Council or of any such member, officer, or employee, be paid into the appropriate bank account.

Every withdrawal or payment of money made by the Council from its funds shall be authorised by a prior resolution of the Council or shall be submitted to it for authorisation at its next ordinary meeting after the date of payment.

Where the Council authorises the withdrawal or payment of money from any such account, that withdrawal or payment shall be by a cheque signed by such person or persons as the Council from time to time, subject to any requirements of the Audit Office, may authorise.

The Council shall keep full and correct accounts of all its financial transactions, assets, liabilities, and funds; and its accounts shall be audited by the Audit Office which for that purpose shall have and may exercise all such powers as it has under the Public Revenues Act 1953 in respect of public money and stores and persons dealing therewith.

At the end of each financial year, the Council shall prepare an income and expenditure account showing its financial transactions for that year, together with a balance sheet as at the last day of the financial year.

As soon as practicable after the end of its financial year, the Council shall submit its income and expenditure account and balance sheet to the Audit Office for audit.

As soon as may be reasonably practicable after the end of each financial year, the Council shall provide the Minister with a report of its operations for that year, together with a copy of its income and expenditure account and balance sheet for that year certified by the Audit Office.

The Minister shall have the report, together with the income and expenditure account and balance sheet, printed and made available for purchase by the general public.

In any financial year the Council may spend for purposes not authorised by this or any other Act any sum or sums not amounting in the aggregate to more than two hundred dollars.

A member (including an associate or temporary member) of the Council, or a member of any advisory or technical committee, who does any act in pursuance or intended pursuance of any provision of this Act or omits to do any act required by any such provision shall not be under any criminal or civil liability as a result of that act or omission, whether on the ground of want of jurisdiction or mistake of law or fact, or any other ground, unless the act was done or omitted in bad faith or without reasonable care.

The Crown, acting through any department of State, may from time to time, at the request of the Council, execute any work or enter into arrangements for the execution or provision by the department for the Council of any work or service, or for the supply to the Council of any goods, stores, or equipment, on and subject to such terms and conditions as may be agreed.