Assent: 30th December 2001
Commencement: 25th February 2002
REPUBLIC OF VANUATU
EDUCATION ACT
NO. 21 OF 2001
Arrangement of Sections
Part 1 – Preliminary
1 Purpose
2 Objects
3 Interpretation
4 Primary and secondary levels of education
5 Government and non-government schools
6 Language policy
7 Parental duty
8 Prohibition against discrimination
9 Religious instruction
Part 2 – Functions and powers of Minister, Director-General,
Directors and Provincial Education Officers
10 Functions and powers to be performed in accordance with this
Act
11 Functions and powers of Minister
12 Functions and powers of Director-General
13 Functions and powers of Directors
14 Functions and powers of Provincial Education Officers
Part 3 – Registration of government and non-government schools
15 Requirements for registration of a school
16 Schools must be registered
Part 4 – Education Authorities
Division 1 – Application
17 Application of Part
Division 2 - Approval of Education Authorities
18 Only Education Authorities can operate schools
19 Application for approval to become an Education Authority
20 Determination of applications
Division 3 – Applications for changes to schools
21 Education Authorities must apply for changes to schools
22 Approval of applications under section 21 for new schools and
relocation of schools
23 Approval of other applications under section 21
Division 4 – Cancellation and withdrawal of approval of
Education Authorities
24 Cancellation of approval of Education Authority
25 Withdrawal of approval of Education Authority
Division 5– Other matters relating to Education Authorities
26 Responsibilities of Education Authorities
27 Accounts
28 Reports
Division 6 – Transitional arrangements for existing schools
29 Application of Division
30 Non-government schools
Part 5 – National School System
Division 1 – Funding for schools
31 Funding of Education Authorities
32 Funding of Provincial Education Boards
33 Distribution of grants to schools
34 Grants Code
35 School fees
36 Accountability of school fees
Division 2 – Administration and management of schools
37 Responsibilities of Principal
38 Discipline of students
39 Medical examination of students
40 School councils and school committees
41 School community associations
42 Inspection and advisory services
Division 3 – Cancellation of registration of schools
43 Cancellation of registration of school by Director-General
44 Takeover of schools
Part 6 – National Education Advisory Council, National Education
Commission and Provincial Education Boards
Division 1 – National Education Advisory Council
45 Establishment and functions of National Education Advisory
Council
46 Membership of the Council
Division 2 – National Education Commission
47 Establishment and membership of National Education Commission
48 Functions of the Commission in relation to examinations
49 Functions of the Commission in relation to scholarships
50 Functions of the Commission in relation to curriculums and
syllabuses
Division 3 – Provincial Education Boards
51 Establishment and membership of Provincial Education Boards
52 Functions of Provincial Education Boards
53 Accounts
54 Reports
55 Government schools - transitional arrangements
Division 4 – Administrative provisions
56 Schedule 3
57 Provincial Education Board
Part 7 – Miscellaneous
58 Appeals to the Supreme Court
59 Delegation of functions and powers
60 Regulations
61 Repeal of Administration of Schools Act
62 Commencement
Schedule 1 – Education Authorities and non-government schools
Schedule 2 – Provincial Education Boards and government schools
Schedule 3 – Administrative provisions for Education Advisory
Council, National Education Commission and Provincial Education
Boards
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REPUBLIC OF VANUATU
Assent: 30th December 2001
Commencement: 25th February 2002
EDUCATION ACT
NO. 21 OF 2001
An Act to make provision for primary and secondary education in
Vanuatu, and for related purposes
BE IT ENACTED by the President and Parliament as follows:
Part 1 – Preliminary
1 Purpose
The purpose of this Act is to provide a clear directive for the
development and maintenance of an effective and efficient
primary and secondary education system for the benefit of
Vanuatu and its people.
2 Objects
The principal objects of this Act are as follows:
(a) to provide primary and secondary education which is firmly
based on Ni-Vanuatu cultures and beliefs;
(b) to provide primary and secondary education of a high
standard to all children within the limits of available
resources;
(c) to expand access to secondary education;
(d) to eliminate educational disadvantages arising from the
gender or ethnicity of a child, or a child's geographic,
economic, social, cultural or other circumstances;
(e) to assist each child to achieve his or her full educational
potential;
(f) to provide education to children that gives them access to
opportunities for training or employment, or further study;
(g) to upgrade and strengthen the administration of the primary
and secondary education system.
3 Interpretation
In this Act, unless the contrary intention appears:
approved form means a form approved by the Director-General for
use under this Act.
Commencement means the commencement of this Act.
Commission means the National Education Commission established
by section 47.
Council means the National Education Advisory Council
established by section 45.
Department means the department of education within the
Ministry.
Director means a director of the Department.
Director-General means the Director-General of the Ministry
responsible for education.
Education Authority means a person:
(a) approved as an Education Authority under section 20; or
(b) taken to be approved as an Education Authority under section
30.
Government grant means a grant from the Government to an
Education Authority (see section 31) or a Provincial Education
Board (see section 32).
Government school has the meaning given by subsection 5(2).
Minister means the Minister responsible for education.
Ministry means the Ministry responsible for education.
Municipal council means a council established under the
Municipal Councils Act [CAP. 126].
Municipality means a municipality established under the
Municipal Councils Act [CAP 126].
Non-government school has the meaning given by subsection 5(3).
Parent of a child includes the guardian or any person having the
custody or care of the child.
Person includes any statutory body, company or association or
body of persons corporate or unincorporated.
Prescribed means prescribed by the regulations.
Primary education means education referred to in subsection
4(1).
Principal of a school means the person who is in charge of the
day to day administration of the school, whether referred to as
the principal, headmaster, headmistress or any other title.
Province means a local government region as defined in the
Decentralization Act No. 1 of 1994.
Provincial government council means a local government council
established under the Decentralization Act No. 1 of 1994.
Provincial Education Board means a Provincial Education Board
established by subsection 51(1).
Provincial Education Officer means a Provincial Education
Officer referred to in section 14.
Register means the Register of Schools kept under section 16.
Regulations means regulations made under this Act.
School means any place at which secular instruction (whether or
not with religious instruction) at the primary or secondary
level of education is given on a regular basis to at least 10
students, but does not include any place that:
(a) is operated by a church or other religious body and that
provides instruction wholly or mainly of a religious character;
or
(b) is exempted by the regulations.
School inspector means:
(a) a person who is appointed by the Public Service Commission
to be a school inspector for the purposes of this Act; or
(b) an officer of the Department or any other person with
appropriate qualifications and/or experience appointed by the
Director-General to be undertake the functions of a school
inspector under this Act.
Secondary education means education referred to in subsection
4(2).
4 Primary and secondary education
(1) Primary education comprises years 1 to 6.
(2) Secondary education comprises years 7 to 14 and can be
divided into the following categories:
(a) community secondary comprising years 7 to 8;
(b) junior secondary comprising years 8 to 10;
(c) senior secondary comprising years 11 to 14.
(3) The Minister, acting on the advice of the Director-General,
may prescribe by order:
(a) different years for primary education; or
(b) different years for secondary education; or
(c) different years for categories of secondary education; or
(d) different categories of secondary education.
5 Government and non-government schools
(1) A school is either a government school or a non-government
school.
(2) A school is a government school if a Provincial Education
Board is responsible for the operation of the school.
(3) A school is a non-government school if an Education
Authority is responsible for the operation of the school.
(4) To avoid doubt, the level of funding a school receives does
not affect whether it is a government school or a non-government
school (for funding of schools see sections 31 and 32).
(5) The kinds of schools that may be operated by an Education
Authority or a Provincial Education Board include the following:
(a) primary schools;
(b) junior secondary schools;
(c) senior secondary schools;
(d) secondary schools providing both junior and senior secondary
education;
(e) schools providing both primary education and secondary
education;
(f) single medium schools;
(g) dual medium schools;
(h) vocational secondary schools;
(i) schools with boarding facilities;
(j) schools for students with special needs.
6 Language policy
(1) In accordance with Article 3(1) of the Constitution, the
principal languages of education are English and French.
(2) All students during their primary education are to be taught
in either French or English.
(3) All students who proceed to secondary education are to
continue in their first language of instruction (e.g. French)
and are to begin the study of the other language of instruction
(e.g. English).
(4) However, nothing in subsection (3) is to prevent a student
who has undertaken his or her primary education in one language
of instruction from undertaking his or her secondary education
in the other.
(5) The Minister, acting on the advice of the Director-General,
may by order determine that one or more specified subjects at a
specified school or schools are to be taught to students in the
local vernacular or Bislama.
7 Parental duty
(1) This section applies in relation to a child who is at least
6 years old and less than 14 years old.
(2) It is the duty of the child’s parents to ensure that the
child attends a school.
8 Prohibition against discrimination
(1) A child is not to be refused admission to any school on
account of his or her gender, religion, nationality, race,
language or disability.
(2) A child is not to be admitted to year 1 unless he or she is
at least 6 years old and a child is not to be admitted to year 7
if he or she is over 15 years old. Otherwise, a child is not to
be discriminated against on account of his or her age.
9 Religious instruction
If the parents of a student request that he or she be excused
from attending religious instruction at a school, the student is
to be excused in accordance with the request.
Part 2 – Functions and powers of Minister, Director-General,
Directors and Provincial Education Officers
10 Functions and powers to be performed in accordance with this
Act
(1) The Minister, the Director-General, the Directors and
Provincial Education Officers must perform their functions and
exercise their powers, subject to and in accordance with the
provisions of this Act and the regulations.
(2) To avoid doubt, subsection (1) does not in any way limit the
application of the other laws of Vanuatu (eg Leadership Code Act
No. 2 of 1998, the Government Act No. 5 of 1998 and the Public
Service Act No. 11 of 1998) to the performance of functions and
the exercise of powers by the Minister, the Director-General,
the Directors and Provincial Education Officers.
11 Functions and powers of Minister
(1) The Minister has such functions and powers as are conferred
on the Minister by this Act.
(2) Without limiting subsection (1), the Minister must, on
behalf of the Government, enter into an agreement with each
Education Authority for the management of the Authority’s
schools.
(3) If the Minister, acting on the advice of the
Director-General, is satisfied that there are special
circumstances, he or she may, by order, declare a day or days to
be a holiday for all schools, groups of schools or a particular
school.
12 Functions and powers of Director-General
(1) The Director-General is responsible to the Minister for
ensuring the Ministry carries out its functions in relation to
primary and secondary education.
(2) Without limiting subsection (1), the Director-General is
responsible for:
(a) developing the Government’s policies for primary and
secondary education; and
(b) developing, managing and evaluating the primary and
secondary education system; and
(c) ensuring that:
(i) the primary and secondary education system reflects
Government policy; and
(ii) the system is effectively and efficiently administered; and
(d) developing cooperative partnerships between the Ministry and
Education Authorities, Provincial Education Boards, provincial
government councils, municipal councils, local communities, aid
donors, non-government organisations, the private sector,
teachers associations and individuals with an interest in
education; and
(e) managing the education system in accordance with the
organizational structure approved by the Public Service
Commission.
(3) The Director-General may in writing make either or both of
the following:
(a) determinations for the purposes of improving the delivery of
education services to schools;
(b) advisory guidelines for the purposes of this Act or the
regulations.
(4) A determination does not come into force unless the Minister
has approved it in writing.
(5) A determination or guideline that is inconsistent with the
Act or the regulations is void and of no effect.
(6) Determinations are statutory orders for the purposes of the
Interpretation Act [CAP 132].
(7) The Director-General must, so far as practicable, make any
decision he or she is required to make under this Act within 45
days after receiving all information and documents necessary for
him or her to make the decision.
(8) The Director-General has such other functions and powers as
are conferred on him or her by this Act.
13 Functions and powers of Directors
(1) The Directors are responsible to the Director-General for
ensuring the Department carries out its functions in relation to
primary and secondary education.
(2) Without limiting subsection (1), the Directors are
responsible for implementing:
(a) the Government’s policies for primary and secondary
education; and
(b) education practices that are consistent with those policies.
(3) The Directors have such powers as are conferred on them by
this Act.
14 Functions and powers of Provincial Education Officers
(1) The Public Service Commission is to appoint a Provincial
Education Officer for each province.
(2) The Provincial Education Officer:
(a) is the senior representative of the Department in his or her
province; and
(b) is responsible to the Directors for ensuring the Department
carries out its functions in that province in relation to
primary and secondary education.
(3) The Provincial Education Officers have such powers as are
conferred on them by this Act.
(4) A person occupying the position of a Provincial Education
Officer immediately before commencement is to continue in that
position on and after commencement as if he or she had been
appointed under subsection (1).
Part 3 – Registration of government schools
and non-government schools
15 Requirements for registration of a school
The requirements for the registration of a school are:
(a) to offer the minimum curriculum approved by the National
Education Commission for a school of its kind; and
(b) to employ the prescribed number of teaching staff with
prescribed qualifications and experience; and
(c) to provide educational texts, equipment and other materials
that are adequate for the courses of study offered at the school
and that satisfy the prescribed requirements; and
(d) to provide and maintain classrooms and other buildings that
are in a good condition and that satisfy the prescribed
standards; and
(e) to comply with reasonable standards of health and safety,
and any prescribed health and safety requirements; and
(f) to provide during the prescribed school terms in a year for
a school of that kind the prescribed number of days and hours
per week of instruction; and
(g) such other requirements as are prescribed.
16 Schools must be registered
(1) A person must not operate a school unless the school is
registered.
(2) A person who contravenes subsection (1) is guilty of an
offence punishable on conviction by a fine not exceeding VT
1,000,000.
(3) The Director-General is to keep a register to be known as
the Register of Schools. The Register may be kept wholly or
partly by means of a computer.
(4) The Register is to contain the following information for
each school:
(a) the name and location of the school;
(b) the name of the Education Authority or Provincial Education
Board operating the school;
(c) the level of education provided by the school;
(d) such other particulars as are prescribed.
(5) The Director-General must update the Register at least once
a year and ensure that the Register is available for inspection
at the office of the Ministry by any person during the ordinary
hours of business of that office.
(6) The Director-General may supply a copy of the Register or a
part of the Register to a person on payment of the prescribed
fee.
Part 4 – Education Authorities
Division 1 – Application
17 Application of Part
This Part applies only to non-government schools.
Division 2 – Approval of Education Authorities
18 Only Education Authorities can operate schools
(1) A person must not operate a school unless the person is an
Education Authority.
(2) A person who contravenes subsection (1) is guilty of an
offence punishable on conviction by a fine not exceeding VT
1,000,000.
19 Application for approval to become an Education Authority
(1) A person must apply to the Director-General for approval as
an Education Authority.
(2) The application must:
(a) be in the approved form and be accompanied by the prescribed
fee; and
(b) set out details of the school or schools the applicant
intends to operate; and
(c) contain such other information as is prescribed.
(3) A person who makes an application containing a false or
misleading statement is guilty of an offence punishable on
conviction by a fine not exceeding VT 500,000.
20 Determination of applications
(1) The Director-General must consult with the Minister before
approving or rejecting an application made under section 19.
(2) The Director-General is to approve an applicant as an
Education Authority only if he or she is satisfied that:
(a) there is a need for the proposed Education Authority to
operate a school or schools in the area concerned; and
(b) the school or schools will operate for the general benefit
of the local community in that area; and
(c) the school or schools will comply with the requirements for
registration of a school under section 15; and
(d) the proposed Education Authority has sufficient resources
and facilities available for the satisfactory operation of the
school or schools; and
(e) the proposed Education Authority will be able to competently
administer the school or schools, and will have systems in place
to monitor compliance by the school or schools with the
requirements of this Act and the regulations; and
(f) the Provincial Education Board is not, or there is no
existing Education Authority, operating or capable of operating
a similar school or schools in the area concerned; and
(g) the custom owners of the land on which the school or schools
are, or are to be, situated have agreed in writing for the land
to be used by, or transferred to, the proposed Education
Authority.
(3) The Director-General may request such additional information
as he or she needs from the applicant in order to determine the
application.
(4) The approval of an Education Authority may be given on such
conditions as the Director-General determines in writing.
(5) The Director-General must give the applicant written notice
of his or her decision within 28 days after making it.
(6) An applicant may appeal against the decision of the
Director-General (see section 58).
(7) As soon as practicable after a person is approved as an
Education Authority, the Director-General must:
(a) register each of the Authority’s schools in the Register;
and
(b) issue each school with a certificate of registration.
Division 3 –Applications for changes to schools
21 Education authorities must apply for changes to schools
(1) An Education Authority must apply to the Director-General
for approval:
(a) to establish a new school; or
(b) to relocate a school; or
(c) to cancel the registration of a school and to close it; or
(d) to take over an existing school from another Education
Authority; or
(e) to change the name of a school.
(2) The application must:
(a) be in the approved form and be accompanied by the prescribed
fee; and
(b) set out details of the school concerned; and
(c) contain such other information as is prescribed.
(3) The Director-General must consult with the Minister and the
relevant Provincial Education Officer before approving or
rejecting an application.
(4) The Director-General may request such additional information
as he or she needs from the Education Authority in order to
determine the application.
(5) The Director-General must give the Education Authority
written notice of his or her decision within 28 days after
making it.
(6) An applicant may appeal against the decision of the Director
– General (see section 58).
22 Approval of applications under section 21 for new schools and
relocation of schools
The Director-General is to approve an application to establish a
new school or to relocate a school only if he or she is
satisfied that the application meets the criteria set out in
subsection 20(2).
23 Approval of other applications under section 21
(1) The Director-General is to approve an application to cancel
the registration of a school and to close the school only if he
or she is satisfied that:
(a) there is no longer a need for the school in the area
concerned; or
(b) the school does not comply with the requirements for
registration of a school under section 15; or
(c) the Education Authority does not have sufficient resources
and facilities available for the satisfactory operation of the
school.
(2) The Director-General is to approve an application by an
Education Authority to takeover a school from another Education
Authority only if he or she is satisfied that:
(a) both Authorities have agreed to the takeover; and
(b) the takeover will operate for the general benefit of the
local community; and
(c) the Education Authority proposing to takeover the school can
competently administer the school.
(3) The Director-General is to approve an application to change
the name of a school only if he or she is satisfied that the
proposed new name is acceptable to a large majority of the local
community.
Division 4 – Cancellation and withdrawal of
approval of Education Authorities
24 Cancellation of approval of Education Authority
(1) After consultation with the Minister, the Director-General
may cancel the approval of an Education Authority if he or she
is satisfied that:
(a) the Authority has operated its schools in a careless and
irresponsible way to the detriment of staff and students; or
(b) the Authority does not have sufficient resources and
facilities available for the satisfactory operation of its
schools; or
(c) the schools of the Authority do not comply with the
requirements for registration of a school set out in section 15;
or
(d) the Authority cannot competently administer its schools.
(2) The Director-General must give the Education Authority
written notice of the proposed cancellation and allow the
Authority at least 28 days in which to make submissions in
writing as to why its approval should not be cancelled.
(3) In deciding whether to cancel the approval of an Education
Authority, the Director-General must take into account any
submissions made by the Education Authority.
(4) The Director-General must give the Education Authority
written notice of his or her decision within 28 days after
making it.
(5) On the making of a decision to cancel the approval of an
Education Authority, the Director-General must, by order, close
the Authority’s schools or:
(a) take possession of the Authority’s schools and any property
of the schools or the Authority necessary for the operation of
the schools; and
(b) transfer the operation of the Authority’s schools to:
(i) another Education Authority (if any) that has agreed to
operate the school or schools; or
(ii) the relevant Provincial Education Board.
(6) An Education Authority may appeal against the decision of
the Director–General to cancel its approval (see section 58).
(7) To avoid doubt, no compensation is payable by the Government
to any person in respect of an order made under this section.
25 Withdrawal of approval of Education Authority
(1) The Director-General may, at the written request of an
Education Authority, withdraw the approval of the Authority.
(2) On the withdrawal of an approval of an Education Authority,
the Director-General must by order close the Authority’s schools
or:
(a) take possession of the Authority’s schools and any property
of the schools or the Authority necessary for the operation of
the schools; and
(b) transfer the operation of the Authority’s schools to:
(i) another Education Authority (if any) that has agreed to
operate the school or schools; or
(ii) the relevant Provincial Education Board.
(3) To avoid doubt, no compensation is payable by the Government
to any person in respect of an order made under this section.
Division 5 – Other matters relating to Education Authorities
26 Responsibilities of Education Authorities
An Education Authority has the following responsibilities:
(a) to administer its schools in accordance with the
requirements of this Act and the regulations;
(b) to ensure that the syllabuses and curriculums for each of
its schools comply with the requirements determined by the
National Education Commission;
(c) to ensure that people with proper qualifications and
experience are employed as teachers and other staff at its
schools;
(d) to provide such information and reports on its schools to
the Director-General as he or she may request in writing.
27 Accounts
(1) An Education Authority must:
(a) keep proper accounting records in relation to its financial
affairs (including receipt and expenditure of government grants
under section 31); and
(b) prepare annual statements of account for each financial
year.
(2) An Education Authority’s accounts for each financial year
must be audited within 6 months after the end of that financial
year by an auditor approved by the Auditor-General.
28 Reports
(1) An Education Authority must, within 2 months after the end
of each year, provide the Director-General with a report
relating to the administration of its schools for that year.
(2) The Education Authority must provide the Director-General
with any additional information he or she requests about a
matter contained in a report.
Division 6 – Transitional arrangements for existing schools
29 Application of Division
This Division applies to all non-government schools in existence
on commencement.
30 Non-government schools
(1) On commencement, each of the churches listed in a table in
Schedule 1 is taken to be approved as the Education Authority
for the non-government schools listed in that table, and each of
those schools is taken to be registered.
(2) The Director-General must, as soon as practicable after
commencement:
(a) enter each school listed in Schedule 1 in the Register; and
(b) issue each school with a certificate of registration.
(3) On commencement, any non-government school that is not
listed in Schedule 1 (“an unregistered school”) can operate
until 31 December 2002.
(4) However, an unregistered school cannot operate after 31
December 2002 unless on or before that date:
(a) a person has been approved as an Education Authority under
section 20 in relation to that school; or
(b) the Director–General has approved an application to become
part of an existing Education Authority under subsection (5).
(5) A person may in writing apply on behalf of an unregistered
school to the Director–General for the school to become part of
an existing Education Authority. The Director-General must
approve the application if the Director–General is satisfied
that:
(a) the Education Authority supports the application and can
competently administer the school; and
(b) the school complies with the requirements for registration
of a school under section 15.
(6) On approval of an application under subsection (5), the
school concerned is taken to be registered, and the
Director-General must enter details of the school in the
Register and issue the school with a certificate of
registration.
(7) The Minister may by order amend Schedule 1 if the Minister
is satisfied that the amendment is necessary to correct a
mistake.
Part 5 – National School System
Division 1 – Funding for schools
31 Funding of Education Authorities
(1) An Education Authority that has entered into a funding
agreement with the Minister on behalf of the Government may
receive funding by way of grants from the Government.
(2) An Education Authority is then responsible for funding its
schools from the government grants.
(3) The funding provided to an Education Authority by way of
government grants is not intended to cover the total operating
costs of the Authority or its schools.
(4) An Education Authority and its schools may receive funding
from other sources to supplement the government grants eg school
fees and money raised by school fundraising activities.
(5) Nothing in this section is to be taken to require the
Minister on behalf of the Government to enter into funding
agreements with all Education Authorities. Some Education
Authorities will want to be financially independent, and will
not want funding by way of government grants.
(6) A funding agreement may provide for direct payment of
salaries and other benefits to teachers and other persons
working in the schools of an Education Authority.
32 Funding of Provincial Education Boards
(1) All Provincial Education Boards are to receive funding by
way of grants from the Government.
(2) A Provincial Education Board is then responsible for funding
its schools from the government grants.
(3) The funding provided to a Provincial Education Board by way
of government grants is intended to cover most of the operating
costs of the Board and its schools.
(4) A Provincial Education Board and its schools may receive
funding from other sources to supplement the government grants
e.g. school fees and money raised by school fundraising
activities.
33 Distribution of grants to schools
(1) An Education Authority or a Provincial Education Board must
distribute the moneys received by way of government grants to
its schools in accordance with the Grants Code.
(2) An Education Authority or a Provincial Education Board that
fails to comply with any provision of the Grants Code is guilty
of an offence punishable on conviction by a fine not exceeding
VT 200,000.
34 Grants code
(1) As soon as possible after commencement, the Director-General
must, in consultation with Education Authorities and Provincial
Education Boards, prepare a Grants Code providing for the
distribution of government grants to schools.
(2) The Grants Code must be submitted to the Minister for his or
her approval and does not come into force until the Minister
approves it.
(3) Until such time as a Grants Code is in force, the
Director-General may, after consultation with the Minister, make
written determinations for the distribution of government grants
by Education Authorities and Provincial Education Boards.
(4) The Grants Code and any determinations made under subsection
(3) are statutory orders for the purposes of the Interpretation
Act [CAP 132].
35 School fees
(1) Subject to subsection (7), the Minister may, after
consultation with the Director-General and the National
Education Advisory Council, by order prescribe the range of fees
payable at government and non-government schools in relation to
the following:
(a) tuition;
(b) boarding;
(c) provision of books and other materials;
(d) any other facilities or services provided to students.
(2) An Education Authority or a Provincial Education Board must
not charge fees at any of its schools that are not within the
prescribed range.
(3) Different fees may be prescribed in respect of:
(a) government and non-government schools; and
(b) government and non-government schools in different
provinces.
(4) The parents of a child are jointly and severally liable for
all fees due in respect of the child, whether or not they
enrolled the child at the school.
(5) The principal of a school may, after consultation with the
relevant Education Authority or Provincial Education Board,
exclude from attendance at the school any student in respect of
whom fees have not been paid by the due date.
(6) An Education Authority or a Provincial Education Board may
waive in whole or in part the fees due in respect of a student
if the Authority or Board is satisfied that the parents of the
student are unable to pay such fees in whole or in part.
(7) This section does not apply to a non-government school that
receives no funding from the Government.
36 Accountability of school fees
(1) The principal of a school is responsible for the collection
of fees payable for any matter mentioned in subsection 35(1).
(2) An Education Authority or a Provincial Education Board must
ensure that proper accounts are kept for each of its schools in
relation to the collection and disbursement of such fees.
Division 2 – Administration and management of schools
37 Responsibilities of principal
(1) The principal of a school is responsible for:
(a) the day to day administration and management of the school;
and
(b) the general wellbeing of students and staff at the school;
and
(c) the professional development of teaching and other staff at
the school; and
(d) reporting to the Education Authority or Provincial Education
Board on matters relating to the school as required by the
Authority or the Board.
(2) Without limiting subsection (1), the principal of a school
must:
(a) ensure the school buildings and grounds are kept clean and
tidy, and are well maintained; and
(b) in consultation with the staff, school committees, school
councils and school community associations develop rules for the
school to ensure the well being of students and staff; and
(c) provide guidance and practicing to students, and advice to
parents, on matters affecting a student’s progress at the
school; and
(d) keep and maintain all records required by or under this Act
(eg attendance sheets, furniture inventory and book lists); and
(e) provide the Director-General with such information about the
school as he or she requires for the purposes of this Act or the
regulations.
38 Discipline of students
(1) As soon as possible after commencement, the Director-General
must prepare guidelines for the adoption by schools of fair
discipline practices that provide for the control and regulation
of student discipline in schools, and that reinforce good
behavior.
(2) The guidelines must not permit corporal punishment of
students attending schools. However, they may permit other
reasonable forms of punishment or correction of those students,
including requiring students to perform any reasonable work or
service for the school.
(3) Subject to subsection (4), an Education Authority or a
Provincial Education Board may, on the recommendation of the
principal of a school, expel a student from the school for:
(a) severe misconduct or disobedience; or
(b) any other activity that has a major detrimental effect on
the school.
(4) An Education Authority or a Provincial Education Board must
not expel a student unless it has conducted a thorough
investigation in relation to the matter and the student has been
given an opportunity to be heard.
(5) The Education Authority or Provincial Education Board must
as soon as practicable notify the parents of a student who is
expelled.
(6) The principal of a school may suspend a student from the
school for misconduct or disobedience for a period not exceeding
2 weeks. The principal must as soon as practicable notify the
parents of the suspended student.
(7) A parent of a student who has been expelled under subsection
(3) may appeal in writing to the Director-General against the
expulsion.
(8) The Director-General must determine the appeal as soon as
possible and notify in writing the Education Authority or
Provincial Education Board, as the case requires, and the
appellant of his or her decision.
39 Medical examination of students
(1) Subject to subsection (2), the Director-General must cause
all students at a school to be examined by a qualified medical
practitioner at regular intervals to be determined by the
Director-General.
(2) The parent of a student may make a request to the principal
that the student be exempt from a medical examination. The
principal must allow the request if he or she is satisfied that
a qualified medical practitioner will examine the student at the
parent’s expense.
(3) Following a medical examination, the principal may exclude a
student from attending the school if he or she has a condition
likely to endanger the health of other students.
(4) However, the student must be reinstated once a medical
practitioner provides a report stating that the student is free
from any such condition.
40 School councils and school committees
(1) An Education Authority or a Provincial Education Board must
establish a school council and/or a school committee for each of
its schools to assist the principal in the management and
administration of the school.
(2) An Education Authority or a Provincial Education Board is to
determine for each school council and committee:
(a) the membership of the school council and committee, which
must wherever possible include both male and female members; and
(b) the functions and responsibilities of the school council and
committee.
(3) School councils and committees are to regulate their
procedures in accordance with the by-laws made by the relevant
Education Authority or Provincial Education Board.
(4) Subject to subsection (5), a member of a school council or
committee is not entitled to any salary or other remuneration,
including by way of allowances, for his or her services provided
to the council or committee.
(5) Subject to the availability of funds at a school, a member
of the school council or committee is to be reimbursed for
expenses properly incurred when engaged on the business of the
school council or committee.
(6) To avoid doubt, nothing in this section requires an
Education Authority or a Provincial Education Board to establish
a school council or committee for any of its schools.
41 School community associations
(1) Parents of students attending any school together with other
residents of the area served by the school who are interested in
the welfare of the school may form a school community
association in connection with the school.
(2) The school community association should aim to:
(a) promote the interests of the school by bringing parents,
students, teaching staff and other residents of the school area
into close co-operation; and
(b) assist in providing facilities and equipment for the school
and in promoting the recreation and welfare of the students at
the school; and
(c) encourage parent and community participation in curriculum
and other education issues.
42 Inspection and advisory services
(1) School inspectors must carry out inspections of schools at
regular intervals to be determined by the Director of school
programs.
(2) A school inspector may inspect a school to determine
whether:
(a) the Education Authority is operating the school in
accordance with the requirements of this Act and the
regulations; or
(b) the school complies with the requirements for registration
of a school under section 15; or
(c) the school is being well managed and discipline is
satisfactory; or
(d) the school’s academic standards are satisfactory; or
(e) the school premises and grounds are well maintained; or
(f) the social environment of the school is satisfactory; or
(h) the school complies with such other matters as are specified
by the Director-General.
(3) A person who obstructs a school inspector in carrying out an
inspection of a school is guilty of an offence punishable on
conviction by a fine not exceeding VT 100,000 or imprisonment
for a period not exceeding 3 months, or both.
(4) A school inspector may also provide advice to the principal
and teachers of a school in relation to any of the matters
mentioned in subsection (2).
(5) If requested to do so by the Director of school programs, a
school inspector must as part of a school inspection assess
whether the teachers and principal of the school are performing
in a satisfactory manner. The school inspector must give to the
Director a report in writing of his or her assessment within 14
days after carrying out the inspection.
(6) The Director of school programs must, within 7 days of
receiving the report, give a copy of it to the Director-General
who must decide whether or not to refer the report to the
Teaching Service Commission and/or the relevant Provincial
Education Board or Education Authority for appropriate action.
Division 3 – Cancellation of registration of schools
43 Cancellation of registration of schools by Director-General
(1) After consultation with the Minister, the Director-General
may cancel the registration of a school if the Director-General
is satisfied that:
(a) the school is being operated by the Education Authority or
Provincial Education Board in a careless and irresponsible way
to the detriment of its staff and students; or
(b) the school does not comply with the requirements for
registration of a school under section 15 ; or
(c) the Education Authority or Provincial Education Board does
not have sufficient money and facilities available for the
satisfactory operation of the school; or
(d) the Education Authority or Provincial Education Board cannot
competently administer the school; or
(e) it is not in the public interest to keep the school open.
(2) In deciding whether to cancel the registration of a school,
the Director-General must take into account any inspection of
the school carried out by a school inspector under section 42.
However, the Director-General can decide to cancel the
registration of a school in accordance with subsection (1)
without an inspection having been carried out.
(3) The Director-General must give the principal of the school
and the Education Authority or the Provincial Education Board
written notice of the proposed cancellation and allow at least
28 days for submissions in writing to be made as to why the
school’s registration should not be cancelled.
(4) In deciding whether to cancel the registration of the
school, the Director-General must take into account any
submissions made by the Education Authority or the Provincial
Education Board and the principal.
(5) The Director-General must give the Education Authority or
the Provincial Education Board and the principal written notice
of his or her decision within 28 days after making it. The
cancellation of the registration of the school takes effect on
the date specified in the notice.
(6) An Education Authority or a Provincial Education Board that
continues to operate a school whose registration has been
cancelled may be liable to a penalty under section 16.
(7) An Education Authority or a Provincial Education Board may
appeal against the decision of the Director General to cancel
the registration of a (see section 58).
44 Takeover of schools
(1) If the Director-General is of the opinion that a school
whose registration has been cancelled under section 43 should
continue to operate, the Director-General may by order:
(a) take possession of the school and any property of the
school, or any property of the Education Authority or Provincial
Education Board at the school; and
(b) transfer the operation of the school to:
(i) the Education Authority (if any) that has agreed to operate
the school; or
(ii) the relevant Provincial Education Board.
(2) To avoid doubt, no compensation is payable by the Government
to any person in respect of an order made under this section.
Part 6 – National Education Advisory Council,
National Education Commission and
Provincial Education Boards
Division 1 – National Education Advisory Council
45 Establishment and functions of National Education Advisory
Council
(1) The National Education Advisory Council is established.
(2) The Council has the following functions:
(a) to advise the Minister and the Director-General on:
(i) the operation of the primary and secondary education system;
and
(ii) the funding of the primary and secondary education system,
including the level of school fees to be prescribed under
section 35; and
(iii) on any other matter affecting primary or secondary
education;
(b) to monitor the effectiveness of education policies and
practices;
(c) to develop policy proposals for consideration by the
Ministry;
(d) to assist, advise and co-operate with communities,
practicing ns and individuals on matters affecting primary or
secondary education;
(e) when requested by the Minister or the Director-General, to
provide information or advice to him or her on any matter
affecting primary or secondary education.
46 Membership of the Council
(1) The National Education Advisory Council has 11 members. Each
member is to be appointed by the Minister on the advice of the
Director-General.
(2) The members are to comprise the following persons:
(a) a representative of the Vanuatu Christian Council;
(b) 2 representatives of the Vanuatu Teachers Union;
(c) 2 representatives of school community associations;
(d) a representative of the National Council of Chiefs;
(e) a representative of the Vanuatu National Council of Women;
(f) a representative of the Ministry responsible for health;
(g) 2 representatives of the non-government sector;
(h) a representative of tertiary education institutions.
(3) The Director-General is an ex officio member of the Council,
but has no voting rights at a meeting of the Council.
(4) An officer of the Department is to be appointed as the
secretary to the Council by the Director-General to undertake
such duties as may be assigned by the Chairperson.
(5) The Council is to have an equitable and balanced gender
representation.
Division 2 – National Education Commission
47 Establishment and membership of National Education Commission
(1) The National Education Commission is established.
(2) The Commission has 11 members. Each member is to be
appointed by the Minister on the advice of the Director-General.
(3) At least 4 members must have qualifications and/or expertise
in curriculum development.
(4) At least 2 members must have qualifications and/or expertise
in examination practices and policy.
(5) At least 2 members must have qualifications and/or expertise
in scholarships practices and policy.
(6) The 3 other members of the Commission must be
representatives of the non-government sector.
(7) The Commission is to have an equitable and balanced gender
representation.
(8) The Commission in undertaking its functions under sections
48, 49 and 50 must consult as widely as is practicable with
communities, organisations and individuals.
48 Functions of the Commission in relation to examinations
The Commission has the following functions in relation to
examinations:
(a) to determine the number, type and content of examinations to
be used for further education selection purposes, or for the
award of any nationally recognised certificate or any other
educational qualification;
(b) to determine the procedures for conducting such
examinations;
(c) to arrange for such examinations to take place and to ensure
they are conducted fairly;
(d) to evaluate the process relating to examinations and
assessment on a regular basis and advise the Director-General of
any changes that may be necessary;
(e) to recommend to the Director-General the criteria for
selection and allocation of candidates to other educational
institutions in Vanuatu;
(f) to ensure that the processes relating to examinations and
the selection and allocation of candidates are transparent, fair
and based on merit;
(g) to prepare for the Director-General an annual report and any
other reports required by the Director-General relating to
examinations;
(h) when requested by the Minister or the Director-General, to
provide information or advice to him or her on any matter
affecting examinations.
49 Functions of the Commission in relation to scholarships
(1) The Commission’s primary function in relation to
scholarships is to develop and implement policies that support
the scholarships program.
(2) The scholarships program provides scholarships for post
secondary education and training in order to develop
appropriately qualified and skilled Ni-Vanuatu to further the
development of Vanuatu.
(3) The scholarships program is to be administered by the
training and scholarships coordination unit or such other body
within the Department as is specified by the Director-General
(“the scholarships unit”).
(4) The Commission also has the following functions in relation
to scholarships:
(a) to undertake the fair, transparent and merit based selection
of candidates for the award of scholarships;
(b) to determine annually the criteria, and the terms and
conditions, for the award of scholarships by the Government;
(c) to determine the priority of scholarships for funding by the
Government;
(d) to provide advice and guidance to the scholarships unit in
its administration of the scholarships program;
(e) to assist the scholarships unit in seeking additional
funding for scholarships;
(f) to determine appeals relating to the award or termination of
scholarships;
(g) to prepare for the Director-General an annual report and any
other reports required by the Director-General relating to
scholarships;
(h) when requested by the Minister or the Director-General, to
provide information or advice to him or her on any matter
affecting scholarships.
50 Functions of the Commission in relation to curriculums and
syllabuses
(1) The Commission has the following functions in relation to
curriculums and syllabuses:
(a) subject to subsection (2), to evaluate and approve the
national curriculum for primary and secondary education in
Vanuatu;
(b) to ensure that the national curriculum is implemented;
(c) to review the national curriculum at regular intervals and
recommend any necessary changes;
(d) to evaluate and approve the syllabuses to be taught in
primary and secondary schools, and the appropriate allocation of
time for those subjects;
(e) to approve procedures, guidelines and timetables for the
production or revision of subject syllabuses and support
materials;
(f) to approve for purchase and distribution throughout Vanuatu
support materials, including books and equipment;
(g) to prepare for the Director-General an annual report and any
other reports required by the Director-General relating to the
national curriculum or syllabuses;
(h) when requested by the Minister or the Director-General, to
provide information or advice to him or her on any matter
affecting the national curriculum or syllabuses.
(2) The Commission must not approve a curriculum as the national
curriculum unless it is satisfied that the curriculum takes into
account national policies, needs and aspirations, and provides
for the physical, spiritual, social and cultural development of
students.
Division 3 – Provincial Education Boards
51 Establishment and membership of Provincial Education Boards
(1) A Provincial Education Board is established for each
province and municipality within that province.
(2) Each Board has 6 members.
(3) The provincial government council is to nominate one member
of the Board. The Provincial Education Officer is a member of
the Board. The remaining 4 members are to be appointed by the
Minister on the advice of the Director-General.
(4) The members of each Board must so far as practicable be
broadly representative of:
(a) the teachers, and the parents of the students, at the
schools in the province; and
(b) organisations and individuals interested in education in the
province.
(5) Each Board is to have an equitable and balanced gender
representation.
52 Functions of Provincial Education Boards
The functions of each Provincial Education Board are as follows:
(a) to operate and manage the government schools in the
province;
(b) to plan, promote, develop and coordinate primary and
secondary educational activities in the province;
(c) to advise the Director-General on the need for new schools
in the province;
(d) to assist the Ministry in planning for sufficient schools to
meet the needs of the province, and to apply for the
registration of new schools and prescribed changes to existing
schools in the approved form;
(e) to prepare for the Director-General an annual report and any
other reports required by the Director-General relating to
schools in the province;
(f) when requested by the Minister or the Director-General, to
provide information or advice to him or her on any matter
affecting schools in the province.
53 Accounts
(1) A Provincial Education Board must:
(a) keep proper accounting records in relation to its financial
affairs (including receipt and expenditure of government grants
under section 32); and
(b) prepare annual statements of account for each financial
year.
(2) A Provincial Education Board’s accounts for each financial
year must be audited within 6 months after the end of that
financial year by the Auditor-General.
54 Reports
(1) A Provincial Education Board must, within 2 months after the
end of each year, provide the Director-General with a report
relating to the administration of its schools for that year.
(2) The Provincial Education Board must provide the
Director-General with any additional information he or she
requires about a matter contained in a report.
55 Government schools - transitional arrangements
(1) On commencement, each of the Provincial Education Boards
listed in a table in Schedule 2 is responsible for the operation
of the government schools listed in that table, and each of
those schools is taken to be registered.
(2) The Director-General must, as soon as practicable after
commencement:
(a) enter each school listed in Schedule 2 in the Register; and
(b) issue each school with a certificate of registration.
(3) The Minister may by order amend Schedule 2 if the Minister
is satisfied that the amendment is necessary to correct a
mistake.
Division 4 – Administrative provisions
56 Administrative provisions in Schedule 3
Subject to section 57, the administrative provisions relating to
the National Education Advisory Council, the National Education
Commission and the Provincial Education Boards are set out in
Schedule 3.
57 Provincial Education Boards
(1) The Provincial Education Officer is ex officio the
chairperson of the Board.
(2) A Provincial Education Board must not implement a decision
during the first 7 days after the decision is made. During these
7 days, if the Provincial Education Officer wishes to object to
the decision, he or she must give the Board a written copy of
his or her objection. The Provincial Education Officer must at
the same time give the Director-General a copy of the objection.
(3) The Director-General must decide whether to accept or reject
the objection within 21 days after receiving it. During these 21
days, the Provincial Education Board must not implement the
decision.
(4) The Director-General must give the Provincial Education
Board and the Provincial Education Officer written notice of his
or her decision.
Part 7 – Miscellaneous
58 Appeal to the Supreme Court
(1) A person in respect of whom any of the following decisions
are made may appeal to the Supreme Court against the decision:
(a) to reject an application for approval as an Education
Authority under section 20;
(b) to reject an application made by an Education Authority
under section 21;
(c) to cancel the approval of an Education Authority under
section 24;
(d) to cancel the registration of a school under section 43.
(2) An appeal must be made not more than 28 days after the date
on which the appellant is notified of the decision appealed
against, or within such further period as the Supreme Court may
allow.
(3) The Supreme Court may:
(a) confirm, reverse or modify the decision appealed against,
and make such orders and give such directions to the
Director-General as may be necessary to give effect to the
Court’s decision; or
(b) refer the matter back to the Director-General with
directions to reconsider the whole or any specified part of the
matter.
59 Delegation of functions and powers
(1) The Director-General, a Director and a Provincial Education
Officer may, by instrument in writing, delegate all or any of
his or her functions and powers under this Act to another
officer within the Ministry with appropriate qualifications and
expertise, except this power of delegation.
(2) The delegation:
(a) may be made either generally or as otherwise provided by the
instrument of delegation; and
(b) does not prevent the performance or exercise of the function
or power so delegated by the Director-General, the Director or
the Provincial Education Officer, as the case requires.
60 Regulations
(1) The Minister may, by order, make regulations prescribing all
matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
(2) The regulations may prescribe penalties for offences against
the regulations. A penalty must not exceed VT 50,000.
61 Repeal of Administration of Schools Act
The Administration of Schools Act [CAP 121] is repealed.
62 Commencement
This Act commences on the day on which it is published in the
Gazette.
SCHEDULE 1
Section 30
EDUCATION AUTHORITIES AND NON-GOVERNMENT SCHOOLS
